CALIFORNIA
RURAL HOMESITE
The Niceties
These considerations aren't absolutely essential, but I'd rate
them pretty high.
Zoning
You might be surprised how much zoning law controls the use of land. Of
course most zoning will permit the construction of a single family home
on a residentially zoned property, but what else do you have in mind? Zoning,
coupled with fire safe regulations require that buildings be setback from
property lines. Laws control the use of accessory buildings, pools, trailer
parking, and much more. Regulations set the rules for livestock activities
and many other activities. Check with the local
Planning Department, which administers zoning laws.
Topography
If you are coming from the flatlands, then be careful with this one. The
slope of the land can be real deceiving. Steep slopes make driveways difficult
and houses lopsided. They make construction much more expensive. If you're
familiar with slope measurement by percent of grade, I would recommend
that your driveways and building sites be on slopes of less than 20% (falls
20' vertically for each 100' horizontally). Thirty percent is about the
very limit of what will work for roads,
houses, and septic systems. Drive around and look for homesite construction
on parcels with similar slopes for an idea of how the lot improvement will
look. If you're not sure, consult a civil engineer, architect, or a qualified
building designer or land use planner. They can assist you in dealing with
topography. An engineering contractor can assist you with estimates for
driveways and pads.
Road Maintenance
Buy a parcel with a good provision for road maintenance and you'll be avoiding
one of the number one complaints about rural living. There are many, many
private roads out there with no such provision. If you front on a City
or County maintained street, that's the best. You pay the bill through
your normal horde of various taxes. If you're in a private road maintenance
agreement, then its up to you and your neighbors to pay the freight and
organize the work. Typical agreements require monthly, quarterly, or annual
payments to the treasurer of the private road maintenance or homeowners'
association. Maintenance occurs when a majority of participating owners
decide it's necessary or according to a pre-approved schedule. A committee
or designated homeowner seeks bids and awards a contractor for any maintenance.
Sometimes the road maintenance agreement only covers a portion of the access
road. Your title company can help you confirm the extent of such an agreement.
Another mechanism for road maintenance involves a combination of annual
homeowner payments and County or City maintenance. This mechanism may be
called a County Service Area, a Permanent Road Division, or have another
official title. Your title company can help you check for such special
districts. Contact the agency that administers the district for details
on how it works. If there is no maintenance agreement or mechanism, it
may not be a "love thy neighbor" neighborhood, although some areas function
quite well informally without an agreement. It depends on the personalities.
Under California state law, a majority of residents can force remaining
residents to pay their fair share of road maintenance costs, often in small
claims court. Consult an attorney or small claims court for details.
Surroundings
Most people buy land in part because of its surroundings: the other homes,
the woodland, the convenient location next to shopping, schools, work,
or the remote location. Take a good hard look at your surroundings. Have
you experienced them under all conditions? Weekends, workdays, evenings,
holidays, rush hour, early
morning? Could there be a noise maker, an inconvenience, a nuisance? Don't
forget that most rural dwellers have more small gas engines than Tim Allen
on Home Improvement: chain saws, weed eaters, leaf blowers, and lawn mowers.
How about 10 or 20 years from now? Will the area be subdivided, logged,
commercially developed, mined, or will it contain a new highway or airport?
Your County or City General Plan and Zoning will give you a glimpse into
the future. A general plan is required in every California jurisdiction.
The plan includes a land use map and circulation plan to guide future development.
The zoning must be consistent with the plan. Zoning is in the form of an
ordinance established under the police power of the County or City to avoid
conflicting land uses and to generally protect us from our ourselves and
each other. Zoning sets the type of land use that will occur and the minimum
lot sizes that subdivisions can propose. Maybe you can subdivide the
land you're buying, if you can pay for the required improvements and mitigation
fees. See the Subdivision and Development sections.
DANGER! WARNING! General plans and zoning can and do change. This is particularly
tricky if you are an absentee land owner. While such activities usually
get good local press, there is often no requirement that you be notified
of any changes. Also, any citizen can petition his County or City to amend
the general plan and zoning. If he does, it is up to you to evaluate his
plan and make your feelings known to the Board of Supervisors or City Council.
A qualified land use planner can help you understand land use regulations
and make an educated guess about the future.
Schools and Buses
The County Superintendent of Schools Office can assist you in determining
the School Districts that you're in. Call them with the assessor's parcel
number and street address. Once you've identified the school districts,
contact them directly for information on bus availability and schedules.
Some districts charge for bus service. Many rural schools are impacted
from growth. Many charge a mitigation fee on new residential construction,
paid just prior to issuance of the building permit. Ouch! You can thank
Proposition 13. In the good old days you were just taxed later, year after
year. Contact your school district for information on mitigation fee requirements.
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Andy
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