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 tobegin delete establish,end deletebegin insert require,end insert as a condition ofbegin delete development, inclusionary housing requirements,end deletebegin insert development of residential units, that the development include a certain percentage of residential rental
units affordable to, and occupied by, moderate-income, lower income, very low income, or extremely low income households,end insert 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) begin deleteEstablish, end deletebegin insertRequire,
end insertas a condition ofbegin delete development, begin insert the development of residential units, that the development
24inclusionary housing requirements, which may require the
25provisionend delete
26include a certain percentageend insert of residentialbegin insert rentalend insert units affordable
27to, and occupied by,begin delete owners or tenants whose householdend delete
28begin insert households withend insert incomesbegin insert thatend insert do not exceed the limits for moderate
29income,
lower income, very low income, or extremely low income
30households specified in Sections 50079.5, 50105, and 50106 of
31the Health and Safety Code.
The Legislature finds and declares all of the following:
33(a) Inclusionary housing ordinances have provided quality
34affordable housing to over 80,000 Californians, including the
P3 1production of an estimated 30,000 units of affordable housing in
2the last decade alone.
3(b) Since the 1970s, over 170 jurisdictions have enacted
4inclusionary housing ordinances to meet their affordable housing
5needs.
6(c) While many of these local programs have been in place for
7decades,begin delete the recent decision in Palmer/Sixth Street Properties, L.P.
8v.
City of Los Angeles (2009) 175 Cal.App.4th 1396,end delete
9appellate court decisionend insert has created uncertainty and confusion for
10local governments regarding thebegin delete future viability of this important begin insert use of this tool to ensure the inclusion of
11local land use tool.end delete
12affordable rental units in residential developments.end insert
13(d) It is the intent of the Legislature to reaffirm the authority of
14local jurisdictions tobegin delete enact and enforce these ordinances.end deletebegin insert include
15in
these inclusionary housing ordinances requirements related to
16the provision of rental units.end insert
17(e) The Legislature declares its intent in adding subdivision (g)
18to Section 65850 of the Government Code, pursuant to Section 1
19of this act, to supersede any holding or dicta inbegin delete Palmer/Sixth Street begin insert any court decision or opinionend insert to the extent that thebegin insert decision
20Properties, L.P. v. City of Los Angeles (2009) 175 Cal.App.4th
211396,end delete
22orend insert opinionbegin delete in that caseend delete conflicts with that subdivision.begin delete This act
23shall not otherwise be construed to enlarge or diminish the authority
24of a jurisdiction beyond those powers that existed as of July 21,
25
2009.end delete
26
(f) In no case is it the intent of the Legislature in adding
27subdivision (g) to Section 65850 of the Government Code, pursuant
28to Section 1 of this act, to enlarge, diminish, or modify in any way
29the existing authority of local jurisdictions to establish, as a
30condition of development, inclusionary housing requirements,
31beyond reaffirming their applicability to rental units.
32
(g) This act does not modify or in any way change or affect the
33authority of local jurisdictions to require, as a condition of the
34development of residential units, that the development include a
35certain percentage of residential for-sale units affordable to, and
36occupied by, households with incomes that do not exceed the limits
37for moderate-income, lower income, very low income, or extremely
38low income
households.
39 (f)
end delete
P4 1begin insert(h)end insert It is the intent of the Legislature to reaffirm that existing
2law requires that the action of any legislative body of any city,
3county, or city and county to adopt a new inclusionary housing
4ordinance be taken openly and that their deliberations be conducted
5openly consistent with the requirements of the Ralph M. Brown
6Act (Chapter 9 (commencing with Section 54950) of Part 1 of
7Division 2 of Title 5 of the Government Code).
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