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

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Date Published: 02/16/2017 09:00 PM
AB943:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 943


Introduced by Assembly Member Santiago
(Coauthor: Assembly Member Burke)

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 introduced, 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 ordinances may be enacted by initiative, including requiring that an ordinance proposed by the voters or submitted by the legislative body of the city be approved by a majority of the votes cast on the ordinance.
This bill, in the case of an ordinance that would curb, delay, or deter growth or development within a city, require that an ordinance proposed by the voters or submitted by the legislative body of the city receive 2/3 of the votes cast on the ordinance in order to become effective. The bill would declare that it addresses a matter of statewide concern.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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) Notwithstanding any other law, including Sections 9217 and 9222 of the Elections Code, if a proposed ordinance is submitted to the voters of a city, pursuant to either Article 1 (commencing with Section 9200) of Chapter 3 of Division 9 of the Elections Code or procedures adopted by a city organized under a charter pursuant to Section 3 of Article XI of the California Constitution, that would curb, delay, or deter growth or development within a city, the ordinance shall be enacted only if it is approved by at least two-thirds of the votes cast on it at the election.
(b) 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, including charter cities.