Amended in Assembly April 18, 2016

Amended in Assembly March 31, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2557


Introduced by Assembly Members Santiago and Bloom

February 19, 2016


An act to amend Section 65858 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

AB 2557, as amended, Santiago. Zoning regulations: interim ordinances.

The Planning and Zoning Law authorizes the legislative body of a city, including a charter city, a county, or a city and county under specified conditions to adopt for a period of 45 days as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, the planning commission, or the planning department is considering or studying or intends to study within a reasonable time. Existing law prohibits the extension of an interim ordinance that would have the effect of denying approvals needed for the development of projects with a significant component of multifamily housing, except upon specified findings supported by substantial evidence on the record.

This bill would instead prohibit an interim ordinance from having the effect of denying approvals needed for the development of projects with a significant component of multifamily housing.

begin insert

This bill would additionally make findings and declarations that addressing housing matters, including the development of multifamily housing, is a matter of statewide concern, and the bill therefore applies to all cities, including charter cities.

end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 65858 of the Government Code is
2amended to read:

3

65858.  

(a) Without following the procedures otherwise
4required prior to the adoption of a zoning ordinance, the legislative
5body of a county, city, including a charter city, or city and county,
6to protect the public safety, health, and welfare, may adopt as an
7urgency measure an interim ordinance prohibiting any uses that
8may be in conflict with a contemplated general plan, specific plan,
9or zoning proposal that the legislative body, planning commission
10or the planning department is considering or studying or intends
11to study within a reasonable time. That urgency measure shall
12require a four-fifths vote of the legislative body for adoption. The
13interim ordinance shall be of no further force and effect 45 days
14from its date of adoption. After notice pursuant to Section 65090
15and public hearing, the legislative body may extend the interim
16ordinance for 10 months and 15 days and subsequently extend the
17interim ordinance for one year. Any extension shall also require
18a four-fifths vote for adoption. Not more than two extensions may
19be adopted.

20(b) Alternatively, an interim ordinance may be adopted by a
21four-fifths vote following notice pursuant to Section 65090 and
22public hearing, in which case it shall be of no further force and
23effect 45 days from its date of adoption. After notice pursuant to
24Section 65090 and public hearing, the legislative body may by a
25four-fifths vote extend the interim ordinance for 22 months and
2615 days.

27(c) The legislative body shall not adopt or extend any interim
28ordinance pursuant to this section unless the ordinance contains
29legislative findings that there is a current and immediate threat to
30the public health, safety, or welfare, and that the approval of
31additional subdivisions, use permits, variances, building permits,
P3    1or any other applicable entitlement for use which is required in
2order to comply with a zoning ordinance would result in that threat
3to public health, safety, or welfare. An interim ordinance adopted
4pursuant to this section shall not have the effect of denying
5approvals needed for the development of projects with a significant
6component of multifamily housing.

7(d) Ten days prior to the expiration of that interim ordinance or
8any extension, the legislative body shall issue a written report
9describing the measures taken to alleviate the condition which led
10to the adoption of the ordinance.

11(e) When an interim ordinance has been adopted, every
12subsequent ordinance adopted pursuant to this section, covering
13the whole or a part of the same property, shall automatically
14terminate and be of no further force or effect upon the termination
15of the first interim ordinance or any extension of the ordinance as
16provided in this section.

17(f) Notwithstanding subdivision (e), upon termination of a prior
18interim ordinance, the legislative body may adopt another interim
19 ordinance pursuant to this section provided that the new interim
20ordinance is adopted to protect the public safety, health, and
21welfare from an event, occurrence, or set of circumstances different
22from the event, occurrence, or set of circumstances that led to the
23adoption of the prior interim ordinance.

24(g) For purposes of this section, “development of multifamily
25housing projects” does not include the demolition, conversion,
26redevelopment, or rehabilitation of multifamily housing that is
27affordable to lower income households, as defined in Section
2850079.5 of the Health and Safety Code, or that will result in an
29increase in the price or reduction of the number of affordable units
30in a multifamily housing project.

31(h) For purposes of this section, “projects with a significant
32component of multifamily housing” means projects in which
33multifamily housing consists of at least one-third of the total square
34footage of the project.

35begin insert

begin insertSEC. 2.end insert  

end insert

begin insertThe Legislature finds and declares that addressing
36rising home costs, monthly rent costs, and housing inventory within
37the state, including the development of multifamily housing to
38alleviate housing need, is a matter of statewide concern and is not
39a municipal affair as that term is used in Section 5 of Article XI
40of the California Constitution. Therefore,end insert
begin insert Section 65858 of the
P4    1Government Code, as proposed to be amended by this act, shall
2apply to all cities, including charter cities.end insert



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