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AB-943 Land use regulations: local initiatives: voter approval.(2017-2018)

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Date Published: 07/19/2017 09:00 PM
AB943:v94#DOCUMENT

Amended  IN  Senate  July 19, 2017
Amended  IN  Senate  June 28, 2017
Amended  IN  Assembly  May 25, 2017
Amended  IN  Assembly  May 11, 2017
Amended  IN  Assembly  May 04, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 943


Introduced by Assembly Member Santiago
(Coauthors: Assembly Members Burke, Daly, Gloria, McCarty, and Steinorth)
(Coauthor: Senator Coauthors: Senators Wilk and Anderson)

February 16, 2017


An act to add Section 65863.15 to the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 943, as amended, Santiago. Land use regulations: local initiatives: voter approval.
The Planning and Zoning Law, among other things, authorizes the legislative body of any county or city to adopt ordinances to regulate land use. Existing law also establishes procedures by which city or county ordinances may be enacted or amended by initiative, including requiring that an ordinance proposed by the voters of the city or county be approved by a majority of the votes cast on the ordinance.
This bill, in the case of an ordinance or an amendment of an ordinance that would reduce density or stop development or construction of any parcels located less than one mile from a major transit stop, as defined, within a city, county, or city and county that is proposed by the voters of the city, county, or city and county in accordance with specified law, would require that the proposed ordinance or amendment of an ordinance receive 55% of the votes cast on the ordinance in order to become effective. The bill would exclude from this requirement the proposal and submission to the voters of an ordinance or amendment of an ordinance by the legislative body of the city, county, or city and county and the adoption or amendment of a city, county, or city and county charter, and would limit exclude ordinances that apply to or implement amendments to a city or county general plan pertaining to certain lands specified in that general plan. The bill would also exclude ordinances that apply primarily to lands located outside an established city urban restriction boundary or ordinances that revise or continue previously established city urban restriction boundaries.
This bill would limit application of this requirement to a county or city and county that had a population of 750,000 or more, or a city located within such a county, as of January 1, 2017. The bill would require the county counsel for the county or city and county in which the proposed ordinance or amendment of an ordinance would apply, or the city attorney of the city in which the proposed ordinance or amendment of an ordinance would apply, to determine whether the proposed ordinance or amendment of an ordinance would reduce density or stop development or construction of any parcels located less than one mile from a major transit stop within the city, county, or city and county. The bill would declare that it addresses a matter of statewide concern and would therefore apply to charter cities and charter counties.
By requiring local officials to determine whether a proposed ordinance or amendment of an ordinance would reduce density or stop development or construction of any parcels located less than one mile from a major transit stop within a city, county, or city and county, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 65863.15 is added to the Government Code, to read:

65863.15.
 (a) (1) Notwithstanding any other law, including Sections 9122 and 9217 of the Elections Code, and except as otherwise provided in paragraph (2), if an ordinance or amendment of an ordinance proposed by the voters of a city, county, or city and county pursuant to Article 1 (commencing with Section 9100) of Chapter 2 of Division 9 of the Elections Code, Article 1 (commencing with Section 9200) of Chapter 3 of Division 9 of the Elections Code, or procedures adopted by a city, county, or city and county organized under a charter pursuant to Article XI of the California Constitution, that are consistent with any applicable statutes governing local initiatives, would reduce density or stop development or construction of any parcels located less than one mile from a major transit stop, as defined by Section 21064.3 of the Public Resources Code, within a city, county, or city and county, the proposed ordinance or amendment of an ordinance shall be enacted only if it is approved by at least 55 percent of the votes cast on it at the election.
(2) (A) This section shall not apply in either any of the following circumstances:
(i) The proposal and submission to the voters of an ordinance or amendment of an ordinance by the legislative body of the city, county, or city and county.
(ii) The adoption or amendment of a city, county, or city and county charter.
(iii) Ordinances that apply to, or implement amendments to, a city or county general plan pertaining to lands designated in that city or county general plan as agricultural, open space, or rural.
(iv) Ordinances that apply primarily to lands located outside an established city urban restriction boundary or ordinances that revise or continue previously established city urban restriction boundaries.
(B) This section shall only apply to a county or city and county that had a population of 750,000 or more, or a city located within a county that had a population of 750,000 or more, as of January 1, 2017.
(b) The county counsel for the county or city and county in which the proposed ordinance or amendment of an ordinance would apply, or the city attorney of the city in which the proposed ordinance or amendment of an ordinance would apply, shall determine whether the proposed ordinance or amendment of an ordinance would reduce density or stop development or construction of any parcels located less than one mile from a major transit stop, as defined by Section 21064.3 of the Public Resources Code, within the city, county, or city and county.
(c) Notwithstanding any other law, including Section 9247 of the Elections Code, the Legislature finds and declares that this section addresses a matter of statewide concern and shall therefore apply equally to all cities and counties, including charter cities and charter counties.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.