Government Control of Land Use

Flashcards to help you study for the Government Control of Land Use exam.

List the four main ways the Government controls land use.

Government controls land use in four main ways: Police power, Eminent domain, Taxation, and Escheat.

_ enables government to regulate private activity for public benefit.

Enables government bodies to regulate private activity by enacting laws that benefit the public health, safety, and general welfare.

Condemnation

The government does compensate individuals when property is “taken” through the process called ___, as when buildings are torn down to make way for highway expansion.

Inverse condemnation

A proceeding brought by a landowner when government puts nearby land to a use that diminishes the value of the owner’s property.

Name the required provision of a general plan.

Land use, Circulation, Housing, Conservation, Open space, Noise problems, and Safety from hazards.

The general plan, also referred to as the , is both a ___

statement of policy and a means to enact that policy with background information, goals, policies and maps.

Form-based planning

provides for a mix of land uses, while taking into account the relationship of buildings and public areas, resulting in a much more “pedestrian-friendly” urban environment.

Zoning

Dividing of a city into areas, or zones, limited to certain land uses, building requirements, or both. It’s the primary device for controlling land use and the principal tool for implementing the general plan.

zoning variance

Permits a change in the specifications required by the zoning ordinance, if a property owner is placed at a disadvantage by the prescribed zoning specifications.

planned unit development (PUD)

A PUD usually allows individually owned residential property together with shared common areas. A PUD also may include commercial uses, industrial uses, or both.

The Planning and Zoning Law was passed in 2021 to provide for the creation of _.

Encourage creation of additional living spaces on property previously limited to single-family housing.

Name the two laws that specifically govern planning, design, site preparation, construction of improvements, and sales of subdivision land

Subdivided Lands Law and Subdivision Map Act

The Subdivided Lands Law

administered by the Real Estate Commissioner to protect purchasers of property in new subdivisions from fraud, misrepresentation, or deceit in the marketing of the property.

_ are the three basic types of subdivisions.

standard subdivision, common interest subdivision, and undivided interest subdivision.

In the __, the owners of separate parcels have no shared interest in any part of the subdivided land.

The owners of separate parcels have no shared interest in any part of the subdivided land.

common interest subdivision

separate ownership or leasehold interest in a parcel is accompanied by a shared interest in what are called the common areas of the subdivision. The common areas usually are governed by a homeowners association.

undivided interest subdivision

Each owner is a tenant in common with all other owners, and each has the nonexclusive right to the use and occupancy of the property.

subdivision public report

A guide that contains the project name, location, size, subdivider’s name, procedure for payments, hazards, and all conditions/restrictions.

Subdivision Map Act

establishes a statewide procedure for filing a subdivision plan when property is divided into two or more parcels.

An enabling act authorizes cities and counties to establish subdivision requirements by local ordinance.

Subdivision Map Act

The twofold objectives of the Subdivision Map Act are to and

coordinate subdivision design with the general plan and ensure that areas dedicated to public use will be properly improved initially.

Examples of what is typically included in the tentative subdivision map include:

Legal description, street widths and names, proposed street grades and public areas, easements, water supply, storm water overflow, and proposed property use.

commercial acre

Portion of an acre remaining after deducting the area required for streets and other improvements.

environmental impact report (EIR)

Authorized by the California Environmental Quality Act of 1970 (CEQA), may be required before subdivision approval if a project will have a significant effect on the environment.

Alquist-Priolo Earthquake Fault Zoning Act

Regulates development in earthquake fault areas and is concerned solely with possible damage from fault ruptures, rather than from seismic (shaking) effects.

California Coastal Act

Defines coastal zones, which generally run the length of the state from the sea inland 1,000 or more yards, depending on terrain.

Both the federal and the state governments have passed legislation _.

To prohibit housing discrimination.

Civil Rights Act of 1866

prohibits racial discrimination in every property transaction

federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968)

prohibits discrimination based on race, color, religion, sex, national origin, ancestry, handicap, or familial status.

___ prohibits discrimination in employment, training, or compensation

California’s Fair Employment and Housing Act (FEHA)

Unruh Civil Rights Act

Prohibits discrimination in accommodations and business establishments and now includes all of the protected classifications that appear in FEHA.

redlining

rejecting real estate loan applications because of the location of the property involved.

California’s Housing Financial Discrimination Act (the Holden Act)

prohibits all financial institutions from discriminating in real estate loan decisions based on the geographic location, the neighborhood, or another characteristic of the property, unless such a decision can be shown to be based on sound business practice.