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SB-1333 Planning and zoning: general plan: zoning regulations: charter cities.(2017-2018)

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Date Published: 04/18/2018 09:00 PM
SB1333:v98#DOCUMENT

Amended  IN  Senate  April 18, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1333


Introduced by Senator Wieckowski

February 16, 2018


An act to amend Sections 65356, 65700, and 65803 65803, and 65869.5 of the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


SB 1333, as amended, Wieckowski. Planning and zoning: general plan: zoning regulations: charter cities.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and of certain land outside its boundaries, and requires the general plan to contain specified mandatory elements. That law sets forth various procedures and requirements with respect to the preparation and adoption of the general plan, including requiring the legislative body to adopt or amend a general plan by resolution by a majority vote of the total membership of the legislative body. The Planning and Zoning Law additionally authorizes the legislative body to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, and other uses in accordance with specified procedures. Existing law specifies that these provisions of the Planning and Zoning Law relating to general plans and zoning ordinances generally do not apply to charter cities, but requires a charter city to adopt, by resolution of the legislative body of the charter city or, if the charter so provides, the planning commission, a general plan that contains the mandatory elements required by that law and to comply with specified additional requirements relating to reporting to the Department of Housing and Community Development and low- and moderate-income housing in the coastal zone. Existing law authorizes a city, county, or city and county to enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property, and requires such an agreement to be modified or suspended as necessary to comply with subsequent state or federal law.
This bill would delete this the limitation regarding charter cities and instead specify that these provisions of the Planning and Zoning Law apply to charter cities. cities, and would provide that development agreements entered into before January 1, 2018, are not subject to those provisions. The bill would also make a nonsubstantive change with respect to the requirement that a charter city adopt a general plan by resolution. The bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of planning officials and legislative bodies of charter cities with respect to adopting and amending general plans and zoning ordinances, 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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 65356 of the Government Code is amended to read:

65356.
 (a) The legislative body shall adopt or amend a general plan by resolution, which resolution shall be adopted by the affirmative vote of not less than a majority of the total membership of the legislative body. The legislative body may approve, modify, or disapprove the recommendation of the planning commission, if any. However, any substantial modification proposed by the legislative body not previously considered by the commission during its hearings, shall first be referred to the planning commission for its recommendation. The failure of the commission to report within 45 calendar days after the reference, or within the time set by the legislative body, shall be deemed a recommendation for approval.
(b) A general plan of a charter city shall be adopted by resolution of the legislative body of the city, or the planning commission if the charter so provides.

SEC. 2.

 Section 65700 of the Government Code is amended to read:

65700.
 This chapter shall apply to a charter city.

SEC. 3.

 Section 65803 of the Government Code is amended to read:

65803.
 This chapter shall apply to a charter city.

SEC. 4.

 Section 65869.5 of the Government Code is amended to read:

65869.5.
 (a) In the event that state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, such those provisions of the agreement shall be modified or suspended as may be necessary to comply with such those state or federal laws or regulations.
(b) Notwithstanding Section 65803, a development agreement entered into by a charter city before July 1, 2018, shall not be required to comply with this article.

SEC. 4.SEC. 5.

 The Legislature finds and declares that the serious shortage of decent, safe, and sanitary housing for low- and moderate-income households first identified in 1979 continues and that ensuring the location, development, approval, and access to housing for all income levels in all jurisdictions in California is a matter of statewide concern and not exclusively a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. This situation requires the repeal of the charter city exemptions provided in Sections 65700 and 65803 of the Government Code as inconsistent with Section 1 of Article IV and Section 5 of Article XI of the California Constitution. Therefore, Sections 1, 2, and 3 of this act, that amend Sections 65356, 65700, and 65803 of the Government Code, apply to all cities, including charter cities.

SEC. 5.SEC. 6.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.