Today's Law As Amended

PDF |Add To My Favorites | print page

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



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 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.