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 Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
 
 

July-August 2009     MCLE Test and Answer Sheet

Test No. 183: Zone Defense

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
 Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. A general law city can grant a "use" variance.
 True.
 False.

2. California law requires that an agency make findings supporting the adoption of a variance.
 True.
 False.

3. Applicants for a variance are forbidden from providing an agency with proposed variance findings.
 True.
 False.

4. A "special circumstance" justifying a variance may involve:
 A. Existing historic structures.
 B. Unusual topography.
 C. Characteristics of the users of the proposed project.
 D. Overlapping regulations.
 E. All of the above.

5. A variance may not be used:
 A. To relieve a property owner from height and density limitations.
 B. To allow for the use of a property when a strict application of the zoning code would render the property unusable.
 C. To increase an applicant's property values regardless of whether the property is usable under its current zoning status.
 D. To bring a property owner into parity with other similarly situated properties.

6. There must be a "logical relationship" between the identified special circumstance and the requested variance.
  True.
 False.

7. A property owner may be able to obtain a variance even when the hardship justifying the variance was self-imposed.
 True.
 False.

8. A variance is a safety valve that protects property owners from an unconstitutional taking.
 True.
 False.

9. Charter cities may impose additional variance requirements, including:
 A. The variance must be consistent with the purpose and intent of the zoning code.
 B. The variance must be consistent with the general plan.
 C. The variance must not be injurious to the public or surrounding properties.
 D. All of the above.

10. The standard of review for a zoning change is stricter and less deferential than for a variance.
 True.
 False.

11. Special circumstances claimed to justify a variance must be related to the physical nature of the property.
 True.
 False.

12. California courts did not reverse a variance grant in a reported decision prior to 1966.
 True.
 False.

13. A charter city must impose the same variance findings required by Government Code Section 65906.
 True.
 False.

14. Which of the following facts is relevant to justify a variance?
 A. Project design and amenities.
 B. Benefits to the community.
 C. The superiority of the proposed project to the viable alternatives.
 D. None of the above.

15. A court hearing a challenge to an agency's variance grant or denial may consider extra-record evidence in determining whether the agency's action was proper.
 True.
 False.

16. A variance is the only way property owners can obtain relief from regulations limiting the use of their land.
 True.
 False.

17. Courts generally defer to agencies' decisions granting variances.
 True.
 False.

18. A developer's voluntary adoption of stricter building standards is a hardship justifying the approval of a variance.
 True.
 False.

19. In deciding whether to grant a variance, agencies must consider similarly situated properties in the same zone and geographic area.
 True.
 False.

20. Applicants seeking a variance for a project should use the required variance findings to focus on project benefits to sell the project to decision makers and the public.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
  
 

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