California Real Estate Salesperson Exam Practice - Quesiton 30

Question

State law requires that every city or county create a planning commission:

Selections

A. When funds have been appropriated by local government

B. Without exception

C. After a master plan has been approved

D. Membership of which must be comprised of at least three members of the City Council and the County Board of Supervisors

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Answer: D

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5 Keys Summary

• State law explicitly requires every city or county in California to establish its own planning commission, specifically noting this requirement is "Without exception".

• The establishment of these commissions is mandatory to monitor, maintain, and supervise individual communities and minimize problems related to inconsistent zoning and development strategies.

• The planning commission is responsible for developing, administering, and supervising the community's long-term objectives, known as the master plan or general plan.

• Local planning commissions have direct control over the type and design of subdivisions and must ensure that zoning and subdivision plans are consistent with the general plan.

• The commission achieves community goals and enforces the plan through the use of public powers, including zoning regulations, building codes, and permits.

Explanations

California state law explicitly requires that every city and county establish its own planning commission. This mandate is in place to minimize issues related to inconsistent zoning and development strategies and to ensure the proper monitoring, maintenance, and supervision of individual communities. The sources do not indicate any exceptions to this requirement.

Concepts Definitions

• Planning Commission: This is a local government agency or department, required by California law for every city and county, responsible for monitoring, maintaining, and supervising community development. It is typically composed of local residents and design professionals, usually in odd numbers (e.g., 5, 7, or 9 members).
• Zoning: This refers to the primary method used by cities and counties to regulate, manage, and control land use, by dividing areas into designations such as residential, commercial, industrial, agricultural, or mixed-use. Zoning is considered an exercise of police power.
• General Plan / Master Plan: A long-term, comprehensive plan that outlines a community's goals for development and dictates public policy regarding land use, recreation, utilities, transportation, and real estate construction. Planning commissions are responsible for creating and supervising these plans.
• Police Power: The government's inherent authority to enact and enforce laws to safeguard public health, order, safety, and general welfare. In real estate, this power encompasses control over zoning, building codes, rent, and taxation of properties.