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 require, as a condition of development of residentialbegin insert rentalend insert 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 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) Require, as a condition
of the development of residential
24begin insert rentalend insert units, that the development include a certain percentage of
25residential rental units affordable to, and occupied by, households
26with incomes that do not exceed the limits for moderate income,
27lower 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.
P3 1(b) Since the 1970s, over 170 jurisdictions have enacted
2inclusionary housing ordinances to meet their affordable housing
3needs.
4(c) While many of these local programs have been in place for
5decades, a 2009 appellate court decision has created uncertainty
6
and confusion for local governments regarding the use of this tool
7to ensure the inclusion of affordable rental units in residential
8developments.
9(d) It is the intent of the Legislature to reaffirm the authority of
10local jurisdictions to include in these inclusionary housing
11ordinances requirements related to the provision of rental units.
12(e) The Legislature declares its intent in adding subdivision (g)
13to Section 65850 of the Government Code, pursuant to Section 1
14of this act, to supersede any holding or dicta in any court decision
15or opinion to the extent that the decision or opinion conflicts with
16that subdivision.
17(f) In no case is it the intent of the Legislature in adding
18subdivision (g) to Section
65850 of the Government Code, pursuant
19to Section 1 of this act, to enlarge, diminish, or modify in any way
20the existing authority of local jurisdictions to establish, as a
21condition of development, inclusionary housing requirements,
22beyond reaffirming their applicability to rental units.
23(g) This act does not modify or in any way change or affect the
24authority of local jurisdictions to require, as a condition of the
25development of residential units, that the development include a
26certain percentage of residential for-sale units affordable to, and
27occupied by, households with incomes that do not exceed the limits
28for moderate-income, lower income, very low income, or extremely
29low income households.
30(h) It is the intent of the Legislature to reaffirm that existing
31law
requires that the action of any legislative body of any city,
32county, or city and county to adopt a new inclusionary housing
33ordinance be taken openly and that their deliberations be conducted
34openly consistent with the requirements of the Ralph M. Brown
35Act (Chapter 9 (commencing with Section 54950) of Part 1 of
36Division 2 of Title 5 of the Government Code).
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