BILL NUMBER: SB 184	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 9, 2011
	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator Leno

                        FEBRUARY 7, 2011

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 184, as amended, Leno. Land use: zoning regulations.
   The Planning and Zoning Law authorizes the legislative body of any
city or county to adopt ordinances regulating zoning within its
jurisdiction, as specified.
   This bill would additionally authorize the legislative body of any
city or 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.
It would also make a technical, nonsubstantive change.
   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 county or city 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, 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, as a condition of development, 
incusionary   inclusionary  housing requirements,
which may require the provision of residential units affordable to,
and occupied by, owners or tenants whose household incomes do not
exceed the limits for 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 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,
to the extent that the opinion in that case conflicts with that
subdivision.