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eshapeesha's version from 2018-05-02 17:10

Section

Question Answer
when can states enact regulationsif they show the regulation is necessary and protects public safety
metromedia inc v city of sdestablsuhed that an action can be authorized under police power if it connects to public welfare. this case is frequently used to est power of agencies
how does state police power compare to fed commerce clause powerfederal agencies have it harder than the state; state power is more elastic because public interest changes over time, so the agency's authority also does.
Limitations to agenciesthey need to have a reasonable relationship to general welfare of the community; some basis legally; cant conflict with state or federal laws.
Constitutional constraintsmade to protect individuals from the government through due process, required compensation and reasons for takings, and non-discriminatory action by agencies
kinds of due processprocedural- if the government is going to take an action that affects you they need to tell you and provide an opportunity to state a response. substantive- substance of decision that is made has to be based on something real. It has to show reason for the decision.
pre-emptiona federal law may preclude state or local legislation in an area of law or regulation.
3 types of powers that counties and states havelegislative acts, quasi adjudicatory acts, ministerial acts.
legislative actsmake laws that affect future decisions and actions for the entire planning area. enacting new policies and rules that will apply to everyone going forward. this includes general plans, zoning ordinances, community plans, or specific plans.
quasi adjudicatory actpermitting decisions that require discretion or the agency having some choice in the matter. these apply legislative policy to individual development projects for that specific property. the planning agency will appy policy to facts of the case, and agencies have discretion. this includes development plans, subdivision maps, and conditional use permits.
ministerial actspermitting actions that do not require discretion. determination that all necessary conditions have been fulfilled. include grading/building permits and filing the final subdivision map.
who makes the decisionscity council/ county board of supervisors. they make all legislative decisions, are the law makers for community as a whole, , use legislative acts which enact general plans and ordinances and regulations. they have quasi adjudicatory powers including development proposals that include legislative actions and address appeals from permit decisions by the planning commission. (????)
planning commissionmake most quasi adjudicatory decisions which can be appealed to city council or board of sup. only deal w planning issues. they often give recommendations and advise based on leg acts. they are the first body to hold public hearings and get staff advise. the board/council makes the ultimate decision though.
planning staff come up with plans, review apps, handle admin permits, follow direction from city council or board of sup, help advise the board on planning, inc legal staff who specialize in planning, uses legislative acts to prepare draft plans and ordinances consistent w council or board initiation then makes recommendations to the pc. come up w the draft plan for pc. do er.
process for legislative actscouncil or board decides on when they want to start looking at a certain initiative, city council or board of sup initiates the legislative process, enviro review undergoes staff analysis, planning commission rec, city council or board of supervisors decision.
quasi adjudicatory permitsapplication is submitted to planning department and has to have enough info so that analysis can occur. then er, planning commission action or recommendation and findings, then council or board action.
ministerial actionsapplication is submitted, staff checks to make sure all conditions are satisfied, and if so staff will issue an approval.
legal requirementsdue process w notice and hearing, brown act which requires open and public meetings, the one who decides must hear, conflicts of interest, public records act, permit streamlining act which has deadlines, findings based decision, findings based on evidence.
topanga assoc for a scenic community vs county of laagency must disclose the analytic route from evidence to decision; facilitate orderly analysis and rational decision making; assure parties and the public that decision making is careful, reasoned, and equitable; help parties determine whether to challenge a quasi adjudicatory decision; provide basis for court review of an agency's decision.
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2

Question Answer
general planconstitution of land use planning and blue print for development. this governs the direction of future development and uses of land. intended to provide compreensive and integrative long term planning, ensure consistency and certainty in planning and permitting decisions, and must address community compatibility
consistency requirementsspecific plans need to be consistent with the general plan. thru internal/horizontal consistency in which policy and the gen plan gotta align; vertical consistency- must be consistency amongst diff levels of planning
components of a general planpolicy, planning objectives w principles and standards and proposals, and diagrams/ maps
mandatory elementsland use, circulation, housing, conservation, open space, noise, safety, environmental justice.
purpose of the land use elementto guide development and re-development in an orderly manner and balance growth with the preservation of the community's assets. it regulates thru distribution and intensity of land uses.
circulation elementit defines the goals and policies for managing the movement of people and goods through the city. regulates thru infrastructure, maps, traffic and parking controls.
housing elementto ensure that local govs adequately plan to meet the housing needs of all people within the community regardless of income. it assesses the present and future housing req of the area. gotta analyze characteristics of the existing and projected population including age, household size, income, location, and special needs. must be updated every 8 years and be approved by the state dpt of housing and community dev to make sure the element is in alliance w state law.if the city doesnt comply w state regional housing needs assessment they get lmtd access to state funding or lawsuits or carryover;
conservation elementfor identification, conservation, development, and use of natural resources. deals w water, forest, soil, waterways, wildlife, and mineral deposits, restoration, ollution and stream regulation thru public works and county planning dpts.
open space elementmust include open space inventory, action program, open space zoning ordinance. statutory req: open space or public health and safety, managed production of resources, outdoor recreation, preservation of natural resources.
noise elementto protect the community from noise,
safety elementfire and flood protections, can be amended 4 times p year.
env justice elementfor cities and counties that contain disadvantaged communities. The term "disadvantaged community” means a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. In these circumstances the General Plan must contain policies to reduce health risk and pollution exposure, and provide public facilities, food access, safe and sanitary homes, and physical activity.
sierra club vs board of supervisorsone element cannot dominate over the rest. all the elements should be treated equally.
county responsibilities for land usecreates general plan for unincorp area and mini general plans for diff communities for land use.
procedure for gen planstarts w city council saying what they want to do. then there is a public hearing, then direction given to staff. then they make an enviro review and consult with other agencies; then they draft a plan to the commission to hear from the public. then the plan is adopted.
SB 375requires CA air resources board to develop regional ghg emission reduction targets for cars and trucks. municipal planning agencies prep sustainable communities strategies to meet targets. the purpose is to address the transportation and land use components of ghg emissions by integrating planning for transportation, land use, and housing.
AB 32addresses stationary sources.
plans being challengedif there is no reason for a policy or plan then it can be challenged. if the challenge goes through then the county has to fix and in the interim no land use can occur. there has to be a deadline for the fix and suspended approval authority of the agency.
specific planprovides cohesive planning for a specified area usually with constraints. adoption is a legislative act.
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3

Question Answer
zoningimplements the general plan; divides the city/county into districts and applies different regulations to each district. it regulates uses of property and structures. is legislative so its gotta be connected to public health, safety, and welfare, not be arbitrary and capricious, and must not be unconstitutional.
where do permits gowithin zoning ordinance which is within the gen plan
procedure for zoningpublic notice and hearing; env review; planning commission recommendation; board of sup decision.
zone districtseach property is designated for a type of use such as residential, commercial, industrial, ag, rec, open space. and each district contains dev standards for structures.
varianceusually decided by zoning board when the property owner would have a unique and unusual hardship, created by the physical characteristics of the land. can only apply to one person, or else zoning reg have to be changed.
conditional use permitallows the city to consider uses which may be essential or desirable but aren't allowed as a matter of right within a zoning district through a public hearing process. cannot negatively impact the surrounding properties, and be for the benefit of the neighborhood.
non-conforming uses/structuresa use of property that was allowed under the zoning regulations at the time the use was established but which, bc of subsequent changes in those regulations, is no longer a permitted use. local jurisdictions can establish their own standards for regulation of nonconforming situations. they are generally allowed to continue but expansion is prohibited and loses legal status once destroyed.
conditional zoningmeans zoning in which the gov body allows a change in zoning activities subject to certain conditions that are designed to protect adjacent land from the loss of use calue which might occur if the new zoning activities are allowed without any sort of restrictions. a compromise between new practices and existing property interests of neighbors. changing zoning to benefit the community
interim ordinancestemporarily prohibit certain land uses, including particular types of business in the community to study the potential effects of the proposed use and est new and permanent regulations of that use. . gotta be needed for public health, safety, or welfare.
planned unit deva designated grouping of both varied and compatible land uses. this includes housing, rec, commercial centers, and industrial parks all within one contained dev or subdiv; ownership of a lot owned collectively or by one assoc; land uses complement eachother.
affordable housingconsidered for those who spend more than 30% of their income on rent or housing. an area median income is determined by the housing and urban dev dpt (hud) for every region. some renters will keep their rent affordable in exchange for low income housing tax credits. each county must have enough to fulfill hud requirements.
growth management ordinancedone so public facilities can support the population. can't stop the building of affordable housing or come in the way of schools, water, othre utilities.
zoning exemptions can occur onfederally owned land, state owned land, special districts, indig land
emerging trendsfrom compatible to mixed use, creation of neighborhoods, reconsider density to discourage sprawl.
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