Podcast
Questions and Answers
What does a change in zoning from commercial to residential represent?
What does a change in zoning from commercial to residential represent?
- Spot zoning
- Downzoning (correct)
- Split zoning
- Combining zones
Land use controls, comprehensive planning, and zoning are examples of what type of authority?
Land use controls, comprehensive planning, and zoning are examples of what type of authority?
- Environmental regulation
- Eminent domain
- Police power (correct)
- Deed restrictions
Who is primarily responsible for enforcing sanitation requirements in a new subdivision?
Who is primarily responsible for enforcing sanitation requirements in a new subdivision?
- Public works director
- Building inspector
- City or county public health officer (correct)
- Zoning commission
Which of the following is an example of police power?
Which of the following is an example of police power?
Which aspect is NOT related to the power of eminent domain?
Which aspect is NOT related to the power of eminent domain?
Which laws regulate the housing and construction industry in California?
Which laws regulate the housing and construction industry in California?
What can Arnold do if his application for a variance to use a residentially zoned property for commercial purposes is denied?
What can Arnold do if his application for a variance to use a residentially zoned property for commercial purposes is denied?
What is the primary purpose of city and county building codes?
What is the primary purpose of city and county building codes?
Basic responsibility for zoning decisions lies with which entity?
Basic responsibility for zoning decisions lies with which entity?
What does the term 'just compensation' in eminent domain primarily refer to?
What does the term 'just compensation' in eminent domain primarily refer to?
What must a subdivider provide to the Real Estate Commissioner before selling lots in a subdivision?
What must a subdivider provide to the Real Estate Commissioner before selling lots in a subdivision?
Which of the following is NOT subject to property tax?
Which of the following is NOT subject to property tax?
What is the minimum number of parcels required to initiate the Subdivided Lands Law for a large parcel of property?
What is the minimum number of parcels required to initiate the Subdivided Lands Law for a large parcel of property?
How is the documentary transfer tax calculated for a property sold at $150,000 with a tax rate of 55 cents per $500?
How is the documentary transfer tax calculated for a property sold at $150,000 with a tax rate of 55 cents per $500?
Police power mainly allows the state to do which of the following?
Police power mainly allows the state to do which of the following?
Flashcards
Downzoning
Downzoning
A change in zoning regulations that restricts land use to a less intensive category, often from commercial to residential.
Police power
Police power
The inherent power of the government to regulate the use of private property for the public good. This includes zoning, building codes, and other land use controls.
Spot zoning
Spot zoning
A change in zoning classification that affects only a specific property, typically for commercial uses in residential areas. It can raise concerns about favoritism or lack of consistency in land use policy.
California housing and construction regulations
California housing and construction regulations
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Variance
Variance
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What is a condemnation proceeding?
What is a condemnation proceeding?
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What does eminent domain involve?
What does eminent domain involve?
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What are zoning laws?
What are zoning laws?
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Why are building codes important?
Why are building codes important?
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Who shapes the community's plans?
Who shapes the community's plans?
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Subdivision
Subdivision
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Subdivided Lands Law Threshold
Subdivided Lands Law Threshold
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Study Notes
Zoning and Land Use Controls
- Zoning actions changing from commercial to residential are called downzoning.
- Land use controls, comprehensive planning, and zoning are examples of police power.
- Sanitation requirements for sewage disposal in new subdivisions are the responsibility of the city or county public health officer.
- Police power regulates for public health, safety, and welfare, and includes land use controls on private property.
Housing and Construction Industry
- California's housing and construction industry is regulated by state Housing Law, local building codes, and state Real Estate Law.
- State Contractor License Laws, local building codes, and the state Housing Law also regulate.
- Zoning decisions rest primarily with the planning commission.
- Variances for commercial use in a residential zone might be appealed to the city council or to a court.
Ownership and Property Rights
- Owning a property zoned for residential use but desiring commercial use, requires approval from the city planning commission.
- An owner can appeal a denial through city council or a court.
- Police power is the state's authority to enact and enforce laws for public health, safety, morals, and welfare.
- Eminent domain is the government's power to take private land for public use with just compensation.
- Condemnation proceedings are part of the power of eminent domain.
Public Restrictions on Land
- City and county building codes establish minimum building standards.
- Building codes are intended to protect the health and safety of the public.
- Minimum standards include building materials and requirements for structural design.
- Subdividers must provide evidence to the Real Estate Commissioner that lots will be connected to necessary utilities, uses conform to stated purposes, and appropriate measures to mitigate geological hazards have been taken.
- Evidence also includes assessment bonds are not used for off-site improvements.
- Property taxes apply to mobile homes, intangible personal property, parcels, and proprietary lessee interests in producing properties.
- Documentary transfer tax is calculated based on the consideration, where a $125,000 purchase triggers a certain calculable tax calculation.
- The Real Estate Commissioner can deny a final public report for a subdivision or parts of it if it does not meet the standards.
- Police power includes the right to regulate for public protection.
Subdivided Lands Law
- The Subdivision Lands Law applies when a property subdivides into five or more parcels.
- This includes, even out-of-state sales.
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