AB 2502 Assembly Bill

BILL NUMBER: AB 2502	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 27, 2016
	AMENDED IN ASSEMBLY  APRIL 18, 2016
	AMENDED IN ASSEMBLY  MARCH 30, 2016

INTRODUCED BY   Assembly Members Mullin and Chiu
   (Coauthors: Assembly Members Bonilla, Burke, Campos, Gordon,
Thurmond, and Ting)
   (Coauthors: Senators Leno and Wieckowski)

                        FEBRUARY 19, 2016

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



	LEGISLATIVE COUNSEL'S DIGEST


   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,   require,  as a condition of 
development, inclusionary housing requirements,  
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,  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 1.  Section 65850 of the Government Code is amended to
read:
   65850.  The legislative body of any city, county, or city and
county may, pursuant to this chapter, adopt ordinances that do any of
the following:
   (a) Regulate the use of buildings, structures, and land as between
industry, business, residences, and open space, including
agriculture, recreation, enjoyment of scenic beauty, use of natural
resources, and other purposes.
   (b) Regulate signs and billboards.
   (c) Regulate all of the following:
   (1) The location, height, bulk, number of stories, and size of
buildings and structures.
   (2) The size and use of lots, yards, courts, and other open
spaces.
   (3) The percentage of a lot which may be occupied by a building or
structure.
   (4) The intensity of land use.
   (d) Establish requirements for off-street parking and loading.
   (e) Establish and maintain building setback lines.
   (f) Create civic districts around civic centers, public parks,
public buildings, or public grounds, and establish regulations for
those civic districts.
   (g)  Establish,   Require,   
as a condition of  development, inclusionary housing
requirements, which may require the provision   the
development of residential units, that the development include a
certain percentage  of residential  rental  units
affordable to, and occupied by,  owners or tenants whose
household   households with  incomes  that
 do not exceed the limits for moderate income, lower income,
very low income, or extremely low income households specified in
Sections 50079.5, 50105, and 50106 of the Health and Safety Code.
  SEC. 2.  The Legislature finds and declares all of the following:
   (a) Inclusionary housing ordinances have provided quality
affordable housing to over 80,000 Californians, including the
production of an estimated 30,000 units of affordable housing in the
last decade alone.
   (b) Since the 1970s, over 170 jurisdictions have enacted
inclusionary housing ordinances to meet their affordable housing
needs.
   (c) While many of these local programs have been in place for
decades,  the recent decision in Palmer/Sixth Street
Properties, L.P. v. City of Los Angeles (2009) 175 Cal.App.4th 1396,
  a 2009 appellate court decision  has created
uncertainty and confusion for local governments regarding the
 future viability of this important local land use tool.
  use of this tool to ensure the inclusion of affordable
rental units in residential developments. 
   (d) It is the intent of the Legislature to reaffirm the authority
of local jurisdictions to  enact and enforce these
ordinances.   include in   these inclusionary
housing ordinances requirements related to the provision of rental
units. 
   (e) The Legislature declares its intent in adding subdivision (g)
to Section 65850 of the Government Code, pursuant to Section 1 of
this act, to supersede any holding or dicta in  Palmer/Sixth
Street Properties, L.P. v. City of Los Angeles (2009) 175 Cal.App.4th
1396,   any court decision or opinion  to the
extent that the  decision or  opinion  in that case
 conflicts with that subdivision.  This act shall
not otherwise be construed to enlarge or diminish the authority of a
jurisdiction beyond those powers that existed as of July 21, 2009.
 
   (f) In no case is it the intent of the Legislature in adding
subdivision (g) to Section 65850 of the Government Code, pursuant to
Section 1 of this act, to enlarge, diminish, or modify in any way the
existing authority of local jurisdictions to establish, as a
condition of development, inclusionary housing requirements, beyond
reaffirming their applicability to rental units.  
   (g) This act does not modify or in any way change or affect the
authority of local jurisdictions to require, as a condition of the
development of residential units, that the development include a
certain percentage of residential for-sale units affordable to, and
occupied by, households with incomes that do not exceed the limits
for moderate-income, lower income, very low income, or extremely low
income households.  
    (f) 
    (h)  It is the intent of the Legislature to reaffirm
that existing law requires that the action of any legislative body of
any city, county, or city and county to adopt a new inclusionary
housing ordinance be taken openly and that their deliberations be
conducted openly consistent with the requirements of the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5 of the Government Code).