CH 5 - Land Use Controls
Constitutional Limitations on a governments police power
1 .Related to health, safety, morals or welfare 2. Non-discriminatory 3. Not a confiscation of property 4. prevents harm
What is planning?
A planning commission prepares a general plan for development in the city or county.The general plan may also be called a comprehensive plan or master plan.
What are some examples of conditional uses?
A zoning authority will approve these. Schools, churches, hospitals and cemeteries are often conditional uses and allowed in the zoning.
Which of the following would involve a grandfather clause? Select your answer below: A.Continuation of a nonconforming use B.Inheritance of real property C.Allowing a racially restrictive covenant to continue D.Allowing an easement to lapse for nonuse over time
A.Continuation of a nonconforming use A provision in a zoning law concerning nonconforming uses may be referred to as a grandfather clause, since it allows an old use (one predating the current zoning law) to continue.
State enabling legislation allows the state to delegate its police power to cities and counties. This allows cities and counties to enact all of the following, except: Select your answer below: A.lien and attachment laws B.planning and zoning laws C.subdivision and land use regulations D.rent control and building codes
A.lien and attachment laws Lien and attachment laws are created by state statute, not by city or county ordinance. In contrast, laws concerning subdivisions, zoning, rent control, and building codes are typically enacted and enforced at the local level (although those issues may also be addressed by state statute).
An environmental impact statement (EIS)
An Environmental Impact Statement (EIS) is a document prepared to describe the effects for proposed activities on the environment. "Environment," in this case, is defined as the natural and physical environment and the relationship of people with that environment. This means that the "environment" considered in an EIS includes land, water, air, structures, living organisms, environmental values at the site, and the social, cultural, and economic aspects. An "impact" is a change in consequence that results from an activity. Impacts can be positive or negative or both. An EIS describes impacts, as well as ways to "mitigate" impacts. To "mitigate" means to lessen or remove negative impacts.
In some counties, appeals are made to the Board of Supervisors.
An owner who thinks the assessed value of her property is unfairly high can appeal the assessment to the county.In some counties, appeals are made to the Board of Supervisors.
Which of the following actions would not be considered an exercise of the state's police power? Select your answer below: A.Subdivision regulations B.Condemnation C.Building codes D.Zoning laws
B Condemnation Condemnation is an exercise of the power of eminent domain, the power to take private property for a public use upon payment of just compensation. The other options are all exercises of the police power, the power to regulate private property for the protection of public health, safety, morals, and general welfare.
The annual property tax rate for a personal residence cannot exceed: Select your answer below: A.1% of the property's appraised value B.1% of the property's full cash value, plus any bonded indebtedness C.2% of the property's assessed value, plus any bonded indebtedness D.100% of the property's full cash value
B.1% of the property's full cash value, plus any bonded indebtedness
The state fiscal year runs from: Select your answer below: A.January 1 to December 31 B.July 1 to June 30 C.June 30 to July 1 D.April 1 to March 31
B.July 1 to June 30 California's tax year begins July 1 and ends June 30 of the following calendar year. (Same time frame as our timeshare points!)
Each county assessor maintains an assessment roll. What is the purpose of the assessment roll? Select your answer below: A.To determine the amount each property owner will pay B.To establish the county's tax base C.To set applicable tax rates D.To assure uniform valuations among similar properties in a county
B.To establish the county's tax base The assessment roll is a list of all taxable properties within a county. It enables the government to plan its budget for the coming year, by determining how much money it will take in through property taxes.
Which of the following is an exercise of the police power? Select your answer below: A.A condemnation proceeding on property where the mayor intends to build a new home B.Zoning laws that limit and restrict the use that can be made of land C.Adjudication of conflicting claims by a court of equity D.Creation of restrictive covenants by a subdivider
B.Zoning laws that limit and restrict the use that can be made of land Zoning laws are an exercise of the police power, the government's power to regulate for the protection of public health, safety, morals, and general welfare. (Condemnation is an exercise of the power of eminent domain, not the police power. Restrictive covenants are private, not public, restrictions, and do not represent an exercise of governmental power.)
A planning commission usually works to do all of the following, except: Select your answer below: A.coordinate major civic improvements B.educate the public and improve community relations C.ensure growth is orderly and has sufficient transportation and infrastructure D.trying to avoid placement of incompatible uses next to each other
B.educate the public and improve community relations Planning commissions design a long-term comprehensive master plan for growth in a city or county, which will outline the community's development goals and design an overall physical layout that will help reach those goals.
All of the following are aspects of the power of eminent domain, except: Select your answer below: A.condemnation proceedings B.exercise of zoning authority C.just compensation at market value D.right of government to take private property for public use
B.exercise of zoning authority Zoning laws are based on the state's police power (the power to regulate for the protection of public health, safety, morals, and general welfare), not on the state's power of eminent domain.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
Building codes and the permit system protect public health and safety, so they're a valid exercise of the police power.
f a property owner feels that her property has been over-assessed and she has not been able to obtain any relief from the county assessor, she may appeal the assessment to the: Select your answer below: A.Department of Real Estate B.county tax collector C.Assessment Appeals Board D.state Board of Equalization
C.Assessment Appeals Board In some counties, assessment appeals are made directly to the county Board of Supervisors, which acts as a local board of equalization. (The state Board of Equalization does not handle appeals of assessments made by county assessors.) In other counties, assessment appeals are made directly to a separate Assessment Appeals Board.
A parcel of real property would be reassessed in which of the following situations? Select your answer below: A.Only if the improvements have been destroyed and rebuilt B.If the county is projecting a budget shortfall and needs additional revenue C.Every time the property is sold D.Every five years
C.Every time the property is sold A property is reassessed every time it is sold, unless an exemption applies to the transaction. Some transfers are exempt from reassessment.For example, there are exemptions for transfers between spouses or registered domestic partners, transfers between parents and children, and transfers where the method of holding title changes but the ownership doesn't change. In addition, if a senior citizen (over age 55) or severely disabled homeowner sells his or her home and replaces it with a home in the same county that has the same value or a lower value, the assessed value of the old home may be substituted for the assessed value of the new home.
On what dates will the second installment of property taxes be due and delinquent? Select your answer below: A.November 1 and December 10 B.July 1 and November 1 C.February 1 and April 10 D.January 1 and February 1
C.February 1 and April 10 The second tax installment is due on February 1 and becomes delinquent on April 10. (The first installment is due on November 1 and becomes delinquent on December 10.)
Which of the following would have the least significant effect on a homeowner's property tax burden? Select your answer below: A.Large number of high-priced homes in a community B.Stringent zoning and private restrictions C.Homestead exemptions D.Compactness of the community
C.Homestead exemptions Homestead exemptions are not a factor in determining a property's assessed value or the amount of taxes owed. Nearby expensive homes, strict zoning and CC&Rs, and compactness of the community all would have an effect on property values, and therefore on assessments and property tax bills.
In an exercise of police power, a going business is condemned by a local government under a provision of the Health and Safety Code. Which of the following would be true? Select your answer below: A.They could not receive just compensation B.They could not receive just compensation, but receive priority to purchase a similar property C.They could receive just compensation for the property D.They could receive just compensation for the property and for business goodwill
C.They could receive just compensation for the property California's Health and Safety Code allows the use of the power of eminent domain to redevelop blighted areas that have become unsafe or unhealthy. Just compensation would be awarded as part of the condemnation process.
"Ad valorem" most nearly means: Select your answer below: A.for life B.added value C.according to value D.fixed value
C.according to value Ad valorem is a Latin phrase meaning "according to value." The amount of ad valorem taxes a property owner must pay is based on the value of the property.
The owner/occupants of a property that has been sold to the state by operation of law (essentially, classified as in default) for failure to pay property taxes: Select your answer below: A.must pay a reasonable rent to the state B.must vacate the property C.may remain in undisturbed possession D.are not liable for further property taxes that accrue after the default
C.may remain in undisturbed possession During the five-year redemption period, owners of a tax-defaulted property may remain in possession of the property. They are not required to pay rent, but they will be responsible for taxes during the redemption period. "Sold to the state" is an old phrase used in the Revenue Code to refer to property that has been officially listed as tax-defaulted.
Zoning laws are enforceable because: Select your answer below: A.planning commissions are under local control and therefore responsible to those persons who are regulated B.of the ease of enforcing them C.of the police power of local governments D.they do not interfere with interstate commerce
C.of the police power of local governments Zoning laws are legitimate and enforceable because they are based on the state's delegation of police power to local governments. They are enacted for the protection of the public health, safety, morals, and general welfare.
When residential real property changes ownership, it may be subject to: Select your answer below: A.bulk transfer fee B.Mello-Roos reassessments C.reassessment for property tax purposes D.sales tax
C.reassessment for property tax purposes At the time of a transfer, the assessed value of the property may be stepped up to the price paid or to the fair market value when the transfer occurred.
In implementing its general plan, a city may seek to eliminate nonconforming uses through all of the following, except: Select your answer below: A.prohibiting the resumption of an abandoned nonconforming use B.prohibiting the expansion of an existing nonconforming use C.retroactive zoning ordinances D.provisions terminating a nonconforming use within a reasonable time
C.retroactive zoning ordinances A zoning ordinance cannot be applied retroactively. Nonconforming uses may be phased out by prohibiting expansion, rebuilding, or resumption after abandonment, or by imposing time limits.
Because of Proposition 13 requirements, a property was assessed at less than its market value for many years. When the property was sold on October 1, it was reassessed at its full market value. The fiscal year's first installment of taxes had already been paid. For the period from October 1 to December 31, the buyers will pay property taxes based on: Select your answer below: A.only the old assessment B.the old assessment, plus an additional three months' taxes C.the old assessment, plus a supplemental assessment from October 1 to December 31 based on the increased value D.the old assessment; plus, the buyers and sellers will pay prorated shares of the new assessment for the entire year
C.the old assessment, plus a supplemental assessment from October 1 to December 31 based on the increased value If a property is sold in the middle of a tax year, the buyer will need to pay a supplemental assessment that covers the difference between the taxes based on the old assessed value and the taxes based on the new assessed value.
After a review of an environmental assessment form for a proposed subdivision, the local planning commission issues a negative declaration. This means that: Select your answer below: A.a full environmental impact report will have to be prepared B.the project cannot be approved without a declaration of overriding considerations C.the project will have no significant environmental impact and may be approved D.the environmental impact of the project is so great that it cannot be pursued further
C.the project will have no significant environmental impact and may be approved Under the California Environmental Quality Act (CEQA), a negative declaration is a determination by state or local agencies that a proposed project will not have a significant environmental impact. If an agency issues a negative declaration for a project, an environmental impact report will not be required.
If a property owner wanted to receive an exception from zoning laws in order to build a structure in a manner that would not be detrimental to the public, he would apply for a: Select your answer below: A.building permit B.rezone C.variance D.redevelopment agreement
C.variance A variance allows a property owner to deviate from the zoning regulations in a minor way that would not be detrimental to the public.
The basic legal tool a city will use to carry out its general plan is: Select your answer below: A.general land use control B.variances C.zoning D.conditional use permits
C.zoning Zoning ordinances are the basic tool that a local government uses to implement its general plan for development.
State law that requires the preparation and review of environmental impact reports.
CEQA The California Environmental Quality Act (CEQA) is analogous to the National Environmental Policy Act.
California Environmental Quality Act (CEQA)
CEQA requires state and local agencies within California to follow a protocol of analysis and public disclosure of environmental impacts of proposed projects and adopt all feasible measures to mitigate those impacts. CEQA makes environmental protection a mandatory part of every California state and local agency's decision making process.
Federal law that concerns liability for environmental cleanup costs.
CERCLA The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is a federal law that concerns liability for environmental cleanup costs
Land zoned for multi-family residential units is most commonly designated: Select your answer below: A.A-3 B.C-3 C.M-3 D.R-3
D. R-3 Most jurisdictions designate residential zoning with an "R." The "3" indicates zoning for three units or more per lot.
Which of the following topics will be addressed by a master plan prepared by a planning commission? Select your answer below: A.Highways and streets B.Commercial, industrial, and residential districts C.Seismic safety D.All of the above
D.All of the above A master plan (or general plan) tries to address all issues that will be involved in the long-term development of a city or county, including traffic and transportation, housing and business development, and earthquake protection.
A change or amendment in a zoning ordinance may be initiated by a/an: Select your answer below: A.property owner B.subdivision developer C.local government agency D.All of the above
D.All of the above Any person or governmental entity may initiate a request for a rezone.
One example of police power is the Subdivision Map Act. Other examples of governmental controls exercised pursuant to the police power include: Select your answer below: A.health, safety, and fire requirements B.California Bureau of Real Estate (formerly Department of Real Estate) license law C.agencies which insure or guarantee FHA or VA loans D.All of the above
D.All of the above The police power is wide-ranging; all of these examples are or involve laws adopted for protection of the public health, safety, morals, or general welfare.
A commercial property is no longer a conforming use because its surroundings have been rezoned as residential. Which of the following could be a possible remedy for the owner? Select your answer below: A.Spot zoning B.Conditional use permit C.Variance D.None of the above
D.None of the above The owner would be allowed to continue to operate the commercial property as a nonconforming use, and would not need any of the remedies listed even if they were available. (A conditional use permit is typically available only for uses such as schools and churches. A "use variance," a variance that allows a use not otherwise permitted in the zone, is illegal in California. Spot zoning, which refers to a rezone that applies to only one property or only a few properties, is also generally illegal, since zoning must be nondiscriminatory, applying in a similar manner to all property owners who are similarly situated.)
A zoning action changed the zoning of an area from commercial to residential. This change in zoning classification would be known as: Select your answer below: A.combining zones B.spot zoning C.split zoning D.downzoning
D.downzoning
Beginning with the date a residential property is sold to the state by operation of law for delinquent taxes, the taxpayer has the right of redemption for: Select your answer below: A.the remainder of the tax year in which the delinquency occurred B.one year C.three years D.five years
D.five years A delinquent taxpayer's right of redemption lasts for five years from the date a residential property becomes tax-defaulted (July 1). "Sold to the state" is an old phrase used in the Revenue Code to refer to property that has been officially listed as tax-defaulted.
Local, state, and federal governments have the authority to regulate private property in order to achieve planning goals. The basis for this authority is known as: Select your answer below: A.master planning B.eminent domain C.zoning D.police power
D.police power Although master planning, zoning, and eminent domain may all be used to achieve planning goals, the general basis for the government's ability to impose land use controls is its police power: the power to adopt laws for the protection of the public health, safety, and welfare.
Land use decisions that comply with "Smart Growth" principles would: Select your answer below: A.encourage multiple, competing uses in all zones B.limit all suburban development in favor of urban core renewal C.prohibit any new building D.promote density in existing areas of development and protect rural undeveloped areas
D.promote density in existing areas of development and protect rural undeveloped area "Smart Growth" is an urban planning approach that concentrates growth in walkable urban centers in order to avoid sprawl and preserve open space.
The Alquist-Priolo Special Studies Zone Act applies to: Select your answer below: A.all counties in California B.all structures in California C.all agricultural properties in California D.structures in areas of California subject to earthquake hazards
D.structures in areas of California subject to earthquake hazards The Alquist-Priolo Act requires a geologic report as part of an application for new residential development in certain areas of the state.
When zoning requirements and private restrictions set different standards, the zoning requirements will always prevail because of the state's police power.
False If there is a conflict between zoning and private restrictions, whichever regulation is more strict will apply. For instance, even if a subdivision was zoned to allow multiple-family housing, any deed restrictions prohibiting multiple-family housing within the subdivision would prevail.
After a construction project is completed, a building inspector decides whether to issue a certificate of completion.
False The certificate issued by a building inspector when a completed project meets all requirements is called a certificate of occupancy, not a certificate of completion.
Zoning ordinances set minimum lot sizes and building height limits, but they are not concerned with where improvements are placed on a lot. True or False
False Zoning ordinances commonly establish setback and sideyard requirements.
A nonconforming use is special authorization to build a structure on a property in a way that is generally prohibited.
False Authorization to build a structure in a way that is generally prohibited is a variance, not a nonconforming use.
To be eligible for a variance, a property owner must prove that strict enforcement of the zoning ordinance in her case would make her property unprofitable.
False A variance will not be granted just to allow a more profitable use of the property.
The receipt that each prospective purchaser signs for the final public report must be kept by the subdivider for at least one year.
False According to the Subdivided Lands Law, the receipt for the final public report must be kept by the subdivider for at least three years.
The Subdivision Map Act gives primary authority over the physical aspects of new subdivisions to the Real Estate Commissioner.
False The Subdivision Map Act gives local governmental bodies, typically local planning commissions, control over the physical characteristics of subdivisions being built.
ad valorem taxes.Ad valorem is a Latin phrase that means "according to value.
General real estate taxes are a tax on the ownership of real property. They are often simply called property taxes, and they are also called ad valorem taxes.Ad valorem is a Latin phrase that means "according to value.
supplemental assessment
If a property is sold in the middle of the tax year, a supplemental assessment will be necessary.The buyer will need to pay a supplemental assessment for the remainder of the tax year that covers the difference between the previous tax bill and the new tax bill.The seller must give the buyer a notice explaining that the buyer will be responsible for paying a supplemental tax bill.
ax collector can sell the property at a tax sale.
If the delinquency (all back taxes, interest, costs, and penalties) is not paid within the five-year period, the tax collector can sell the property at a tax sale. The period is only three years for commercial properties.The proceeds of the sale will be applied to the debt, and any surplus will go to the former owner, or to other parties with an interest in the property.
change in ownership statement
If the property is sold, the new owner has 45 days in which to file a change in ownership statement with the county recorder or assessor.Unless the transaction is exempt from reassessment, the property's assessed value will be stepped up to reflect the price paid by the new owner.A property is reassessed each time it's sold.
Under Proposition 13, real property must be assessed at 100% of its full cash value, unless otherwise provided by law.
In California, property assessment and taxation are governed by Proposition 13, passed by the state's voters in 1978.Under Proposition 13, real property must be assessed at 100% of its full cash value, unless otherwise provided by law.Full cash value means market value, the most probable price the property would sell for under normal market conditions.
Assessment Appeals Board
In larger counties, appeals are made directly to a separate Assessment Appeals Board.
Assessment
In order to impose ad valorem taxes, there must be an assessment. An assessmentis a valuation of property for purposes of taxation. This valuation is the responsibility of the county assessor's office.The county assessor maintains a list of all taxable properties in his jurisdiction, called a tax assessment roll, in order to establish the available tax base.
Time limits for non-conforming use
Instead of relying on obsolescence or destruction to phase out nonconforming uses, some ordinances simply establish time limits.For example, an ordinance may require all nonconforming uses to be phased out within ten years from the date the ordinance was passed.As long as the limit is reasonable, this type of provision is constitutional.
comprehensive planning
Local government involvement in determining community goals not only in land use and physical development, but also in population growth, health and safety, transportation, the environment, and other areas.
Federal law that requires an environmental impact statement to be prepared before a federal agency undertakes any project that would have a significant effect on the environment.
NEPA The National Environmental Policy Act (NEPA) requires an environmental impact statement to be prepared before a federal agency undertakes any project that would have a significant impact on the environment.
Alquist-Priolo Special Studies Zone Act
Provides for project approval in close proximity to earthquake faults, as well as disclosures to buyers. requires that any application for new residential development or construction in certain areas of the state must include a geologic report.In addition, the act requires a seller or real estate agent to disclose any known hazards posed by earthquake fault lines.
State law that requires disclosure of geological hazards.
The Alquist-Priolo Act requires applications for new residential construction in certain parts of California to be accompanied by a geologic report that considers earthquake risks for the property.
Coastal Commission,
The California Coastal Act created the Coastal Commission, which researches ways to protect the California coastline and controls coastal development. The act does not allow development in coastal zones without approval from the appropriate regional board of the Coastal Commission.
National Environmental Policy Act (NEPA)
The National Environmental Policy Act (NEPA) requires an environmental impact statement to be prepared before a federal agency undertakes any project that would have a significant effect on the environment.NEPA also applies to private uses or developments that require the approval of a federal agency.
police power
The basis for government restrictions on an owner's use of private property is the police power.The police power is the state's power to adopt laws that are necessary for the protection of the public's health, safety, morals, and general welfare.
smart growth policies
The general plan's primary purpose is to ensure that the land within its borders is developed in an orderly fashion, resulting in a balanced community.Often, the emphasis is on developing additional density in areas that are already developed, rather than increasing sprawl. This type of development may be referred to as smart growth.
Legal Nonconforming Use
The right of an individual to continue a use of land contrary to current zoning regulations because the use existed prior to the establishment of the current zoning category.
Non-conforming use
The use of a building or land or any portion of such building or land which does not conform with the use and regulation of the zone where it is situated when a new zoning designation is imposed in a new neighborhood. Here's an example of a nonconforming use.Carl owns a small diner in a growing town. When he opened the restaurant eleven years ago, there was no zoning at all.But the town council just passed a zoning ordinance that makes this area a residential zone. Carl's diner is now a nonconforming use.
Variance
To be entitled to a variance, a property owner must show that strict enforcement would deprive him of privileges available to other property owners in that zone. A variance will not be granted just to allow a more profitable use of the property.
A parcel map may be filed for subdivisions of two to four units, rather than tentative and final maps.
True For subdivisions of two to four units, the Subdivision Map Act allows a less detailed parcel map to be filed instead of the tentative and final map
The basis for public restrictions on land use is the police power.
True The police power is the basis for public restrictions on land.
A tentative map shows, among other things, lot boundaries, utility easements, and streets.
True All of these appear on a subdivision's tentative map.
The Interstate Land Sales Full Disclosure Act generally applies to 25 or more unimproved lots, if they are offered for sale in interstate commerce.
True ILSA generally applies to subdivisions with 25 or more unimproved lots offered for sale in interstate commerce.
Unlike a variance, a rezone is an amendment of the zoning ordinance itself. True or False
True A rezone is also called a zoning amendment.
To be constitutional, a zoning ordinance must be applied in the same manner to all similarly situated property owners.
True A zoning ordinance is unconstitutional unless it applies in a nondiscriminatory manner. But exceptions are allowed if the strict application of the law would lead to unnecessarily harsh results for certain
Under the Subdivided Lands Law, the Real Estate Commissioner must investigate a subdivision and issue a final subdivision public report before lots in the subdivision can be sold.
True The Real Estate Commissioner will issue a final public report if lots in the subdivision are suitable for the use proposed by the subdivider, and if it is evident that the purchaser will get what he pays for. This report must be issued before any lots are sold.
State enabling legislation may be used to delegate the state's police power to local entities such as cities and counties. True or False
True he state may delegate activities that fall within its police power, such as zoning and building codes, to local authorities.
Building codes are enforced primarily through the permit system.
True A building permit won't be issued unless the plans meet the requirements of the building codes.
The building permit system is a valid exercise of the state's police power.
True Building codes and the permit system protect public health and safety, so they're a valid exercise of the police power.
The developer is the party responsible for installing streets, curbs, lighting, and public utilities in a new subdivision.
True Generally, the developer is responsible for the installation of "off-site" improvements such as streets and curbs, although the city or county will maintain them after completion.
A land use control law must benefit the public by preventing harm that the prohibited use of the property would cause. True or False
True One of the constitutional limitations on land use laws is that they must prevent harm that would result from the property uses they prohibit.
A typical example of a conditional use is a hospital in a residential zone. True or False
True Schools, hospitals, churches, and similar uses typically qualify as conditional uses.
Downzoning
When an area is rezoned to a more restrictive use, such as from multiple-family dwellings to single-family dwellings, it is called downzoning.
Eminent domain is the power of government to
take private property for public use upon payment of just compensation to the owner. However, if owner refuses to sell then the government can force the sell by filing a condemnation law suit .
Upzone
upzone is the opposite; zoning becomes less restrictive. An example is raising building height limits in an urban area to help meet the housing density goals of a community's general plan
