California Legislature—2013–14 Regular Session

Assembly BillNo. 1229

Introduced by Assembly Member Atkins

(Principal coauthor: Assembly Member Mullin)

(Principal coauthor: Senator Leno)

February 22, 2013

An act to amend Section 65850 of the Government Code, relating to land use.


AB 1229, as introduced, Atkins. Land use: zoning regulations.

The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances regulating zoning within its jurisdiction, as specified.

This bill would additionally authorize the legislative body of any city or county to adopt ordinances to establish, as a condition of development, inclusionary housing requirements, as specified, and would declare the intent of the Legislature in adding this provision. The bill would also make a technical, nonsubstantive change.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1


Section 65850 of the Government Code is
2amended to read:



The legislative body of any county or city may, pursuant
4to this chapter, adopt ordinances that do any of the following:

P2    1(a) Regulate the use of buildings, structures, and land as between
2industry, business, residences, open space, including agriculture,
3recreation, enjoyment of scenic beauty, use of natural resources,
4and other purposes.

5(b) Regulate signs and billboards.

6(c) Regulate all of the following:

7(1) The location, height, bulk, number of stories, and size of
8buildings and structures.

9(2) The size and use of lots, yards, courts, and other open spaces.

10(3) The percentage of a lot which may be occupied by a building
11or structure.

12(4) The intensity of land use.

13(d) Establish requirements forbegin delete offstreetend deletebegin insert off-streetend insert parking and

15(e) Establish and maintain building setback lines.

16(f) Create civic districts around civic centers, public parks,
17public buildings, or public grounds, and establish regulations for
18those civic districts.

begin insert

19(g) Establish, as a condition of development, inclusionary
20housing requirements, which may require the provision of
21residential units affordable to, and occupied by, owners or tenants
22whose household incomes do not exceed the limits for lower
23income, very low income, or extremely low income households
24specified in Sections 50079.5, 50105, and 50106 of the Health and
25Safety Code.

end insert

SEC. 2.  

The Legislature finds and declares all of the following:

27(a) Inclusionary housing ordinances have provided quality
28affordable housing to over 80,000 Californians, including the
29production of an estimated 30,000 units of affordable housing in
30the last decade alone.

31(b) Since the 1970s, over 170 jurisdictions have enacted
32inclusionary housing ordinances to meet their affordable housing

34(c) While many of these local programs have been in place for
35decades, the recent decision in Palmer/Sixth Street Properties, L.P.
36v. City of Los Angeles (2009) 175 Cal.App.4th 1396, has created
37uncertainty and confusion for local governments regarding the
38future viability of this important local land use tool.

39(d) It is the intent of the Legislature to reaffirm the authority of
40local jurisdictions to enact and enforce these ordinances.

P3    1(e) The Legislature declares its intent in adding subdivision (g)
2to Section 65850 of the Government Code, pursuant to Section 1
3of this act, to supersede any holding or dicta in Palmer/Sixth Street
4Properties, L.P. v. City of Los Angeles (2009) 175 Cal.App.4th
51396, to the extent that the opinion in that case conflicts with that
6subdivision. This act shall not otherwise be construed to enlarge
7or diminish the authority of a jurisdiction beyond those powers
8that existed as of July 21, 2009.