AB 2502, as amended, Mullin. Land use: zoning regulations.
The Planning and Zoning Law authorizes the legislative body of any city, county, or city and county 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
4county may, pursuant to this chapter, adopt ordinances that do any
5of the following:
6(a) Regulate the use of buildings, structures, and land as between
7industry, business, residences, and open space, including
8agriculture, recreation, enjoyment of scenic beauty, use of natural
9resources, and other purposes.
10(b) Regulate signs and billboards.
11(c) Regulate all of the following:
12(1) The location, height, bulk, number of stories, and size
of
13buildings and structures.
14(2) The size and use of lots, yards, courts, and other open spaces.
15(3) The percentage of a lot which may be occupied by a building
16or structure.
17(4) The intensity of land use.
18(d) Establish requirements for off-street parking and loading.
19(e) Establish and maintain building setback lines.
20(f) Create civic districts around civic centers, public parks,
21public buildings, or public grounds, and establish regulations for
22those civic districts.
23(g) Establish, as a condition of development, inclusionary
24housing requirements, which may require the provision of
25residential units affordable to, and occupied by, owners or tenants
26whose household incomes do not exceed the limits for moderate
27income, lower income, very low income, or extremely low income
28households specified in Sections 50079.5, 50105, and 50106 of
29the Health and Safety Code.
The Legislature finds and declares all of the following:
31(a) Inclusionary housing ordinances have provided quality
32affordable housing to over 80,000 Californians, including the
33production of an estimated 30,000 units of affordable housing in
34the last decade alone.
35(b) Since the 1970s, over 170 jurisdictions have enacted
36inclusionary housing ordinances to meet their affordable housing
37needs.
P3 1(c) While many of these local programs have been in place for
2decades, the recent decision in Palmer/Sixth Street Properties, L.P.
3v.
City of Los Angeles (2009) 175 Cal.App.4th 1396, has created
4uncertainty and confusion for local governments regarding the
5future viability of this important local land use tool.
6(d) It is the intent of the Legislature to reaffirm the authority of
7local jurisdictions to enact and enforce these ordinances.
8(e) The Legislature declares its intent in adding subdivision (g)
9to Section 65850 of the Government Code, pursuant to Section 1
10of this act, to supersede any holding or dicta in Palmer/Sixth Street
11Properties, L.P. v. City of Los Angeles (2009) 175 Cal.App.4th
121396, to the extent that the opinion in that case conflicts with that
13subdivision. This act shall not otherwise be construed to enlarge
14or diminish the authority of a jurisdiction beyond those powers
15that existed as of July 21,
2009.
16
(f) It is the intent of the Legislature to reaffirm that existing law
17requires that the action of any legislative body of any city, county,
18or city and county to adopt a new inclusionary housing ordinance
19be taken openly and that their deliberations be conducted openly
20consistent with the requirements of the Ralph M. Brown Act
21(Chapter 9 (commencing with Section 54950) of Part 1 of Division
222 of Title 5 of the Government Code).
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