Articles Posted in Government Regulation

sky-variance-light-2707943Author: Staff

Investing in San Diego real estate offers many great opportunities for returns, but it also poses many potential risks for losses and liabilities. Planning an investment requires researching and investigating risks associated with a particular property. This includes the property’s zoning designation and associated land use restrictions. The Land Development Code (LDC), located in Chapters 11 through 14 of the San Diego Municipal Code, sets forth the zoning regulations and procedures for properties located within the city. Zoning regulations allow certain types of construction and prohibit other types, but it is sometimes possible to get approval from the city to make an exception to the regulations, known as a variance. As a general rule, a variance cannot grant approval to a land use that has already been found to be in violation of the city code. This is why careful research on existing permits affecting a property is so important.

Zones and Regulations in San Diego

San Diego PortAuthor: Staff

Zoning is an important part of land use planning in nearly every major city in the United States. Local governments usually have jurisdiction over land use issues. Both the City of San Diego and San Diego County have zoning ordinances and procedures for permitting construction and development in different zones. California real estate investors need to be familiar with local zoning ordinances, as well as the restrictions of land use that go along with them, before committing to an investment. While investors should always keep in mind the adage that “you can’t fight City Hall,” it is possible to challenge or change a zoning designation. In San Diego, this can happen in several ways involving the Planning Commission or the City Council. Litigation may also be a means of modifying zoning designations, although it is rarely a first resort.

The Zoning and Rezoning Processes

San Diego BayAuthor: Staff

San Diego real estate investors need to be aware of land use restrictions, such as restrictive covenants included in a deed, or zoning and other restrictions under city or county laws. Both the City of San Diego and San Diego County have zoning laws that restrict the use of land within their jurisdiction. We will focus on zoning within the City of San Diego.

What Is Zoning?

San Diego SkylineAuthor: Staff

Many California real estate projects involve common interest developments (CIDs), in which property owners have rights to various common areas in addition to the premises they own outright. In order to provide for the maintenance of common areas, owners of units in a CID are required to be members of a homeowner association (HOA). The HOA has considerable power to regulate the properties within the CID and to collect fees and assessments from members. In California, the Davis-Stirling Common Interest Development Act (“Davis-Stirling”) governs HOAs. San Diego real estate investors are likely to encounter HOAs. New developments will require the creation of a new HOA, while investors who buy existing properties might be bound by HOA rules.

Common Interest Development

California coastAuthor: Staff

California offers more than 1,100 miles of coastline, greater than the distance over land between San Diego and Seattle. Owning beachfront property is a dream for countless people, and it can be an excellent investment. Owning coastal property in California comes with obligations, however, including restrictions on development and, in some areas, public beach access. The California Coastal Commission (CCC) regulates the development and use of coastal property. San Diego real estate investors looking at beachfront property anywhere in the state should consider how CCC rules may affect them.

The California Coastal Commission