Today's Law As Amended

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AB-1229 Land use: zoning regulations.(2013-2014)

As Amends the Law Today


 Section 65850 of the Government Code is amended to read:

 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 offstreet 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) Require, Establish,  as a condition of the development of residential rental units, that the development include a certain percentage of residential rental  development, inclusionary housing requirements, which may require the provision of residential  units affordable to, and occupied by, households with incomes that  owners or tenants whose household incomes  do not exceed the limits for moderate-income,  lower income, very low income, or extremely low income households specified in Sections 50079.5, 50093,  50105, and 50106 of the Health and Safety Code. The ordinance shall provide alternative means of compliance that may include, but are not limited to, in-lieu fees, land dedication, off-site construction, or acquisition and rehabilitation of existing units.  
SEC. 2.
 The Legislature finds and declares all of the following:
(a) Inclusionary housing ordinances have provided quality affordable housing to over 80,000 Californians, including the production of an estimated 30,000 units of affordable housing in the last decade alone.
(b) Since the 1970s, over 170 jurisdictions have enacted inclusionary housing ordinances to meet their affordable housing needs.
(c) While many of these local programs have been in place for decades, the recent decision in Palmer/Sixth Street Properties, L.P. v. City of Los Angeles (2009) 175 Cal.App.4th 1396, has created uncertainty and confusion for local governments regarding the future viability of this important local land use tool.
(d) It is the intent of the Legislature to reaffirm the authority of local jurisdictions to enact and enforce these ordinances.
(e) 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. This act shall not otherwise be construed to enlarge or diminish the authority of a jurisdiction beyond those powers that existed as of July 21, 2009.