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Real Estate

Chapter 21 Conclusion

admin 2019.03.25 20:26 Views : 623

Chapter 21 Conclusion

This concludes Chapter 21. Below is a brief summary which you can review before you take your chapter quiz. 

Planning

  • A planning commissionis 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.
  • 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 the various land-use controls.

Zoning

  • The regulation of structures and uses of property within designated districts or zones.
  • Zoning districts are divided into residential, commercial and industrial use.
    1. Bulk Zoning: Controls density and avoids overcrowding
    2. Aesthetic Zoning:Requires that new buildings conform to specific types of architecture.
    3. Directive Zoning:Encourages zoning as a planning tool to use land for its highest and best use.
    4. 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.
    5. 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.

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 in California

  • Zoning is invalid unless it rationally promotes the public health, safety, and welfare.
  • Inclusionary zoningis 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.
  • 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.