AB 2502, as amended, Mullin. Land use: zoning regulations.
The Planning and Zoning Law authorizes the legislative body of any city, county, or city andbegin delete county,end deletebegin insert countyend insert to adopt ordinances regulating zoning within its jurisdiction, as specified.
This bill would additionally authorize the legislative body of any city, county, or city and 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 nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 65850 of the Government Code is
2amended to read:
The legislative body of any city, county, or city and
2county may, pursuant to this chapter, adopt ordinances that do any
3of the following:
4(a) Regulate the use of buildings, structures, and land as between
5industry, business, residences,begin insert andend insert open space, including
6agriculture, recreation, enjoyment of scenic beauty, use of natural
7resources, and other purposes.
8(b) Regulate signs and billboards.
9(c) Regulate all of the following:
10(1) The location, height, bulk, number of stories, and size of
11buildings and structures.
12(2) The size and use of lots, yards, courts, and other open spaces.
13(3) The percentage of a lot which may be occupied by a building
14or structure.
15(4) The intensity of land use.
16(d) Establish requirements for off-street parking and loading.
17(e) Establish and maintain building setback lines.
18(f) Create civic districts around civic centers, public parks,
19public buildings, or public grounds, and
establish regulations for
20those civic districts.
21(g) Establish, as a condition of development, inclusionary
22housing requirements, which may require the provision of
23residential units affordable to, and occupied by, owners or tenants
24whose household incomes do not exceed the limits forbegin insert moderate
25income,end insert lower income, very low income, or extremely low income
26households specified in Sections 50079.5, 50105, and 50106 of
27the Health and Safety Code.
The Legislature finds and declares all of the following:
29(a) Inclusionary housing ordinances have provided quality
30affordable housing to over 80,000 Californians, including the
31production of an estimated 30,000 units of affordable housing in
32the last decade alone.
33(b) Since the 1970s, over 170 jurisdictions have enacted
34inclusionary housing ordinances to meet their affordable housing
35needs.
36(c) While many of these local programs have been in place for
37decades, the recent decision in Palmer/Sixth Street Properties, L.P.
38v.
City of Los Angeles (2009) 175 Cal.App.4th 1396, has created
39uncertainty and confusion for local governments regarding the
40future viability of this important local land use tool.
P3 1(d) It is the intent of the Legislature to reaffirm the authority of
2local jurisdictions to enact and enforce these ordinances.
3(e) The Legislature declares its intent in adding subdivision (g)
4to Section 65850 of the Government Code, pursuant to Section 1
5of this act, to supersede any holding or dicta in Palmer/Sixth Street
6Properties, L.P. v. City of Los Angeles (2009) 175 Cal.App.4th
71396, to the extent that the opinion in that case conflicts with that
8subdivision. This act shall not otherwise be construed to enlarge
9or diminish the authority of a jurisdiction beyond those powers
10that existed as of July 21,
2009.
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