Bill Text: CA AB1229 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Land use: zoning regulations.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2014-03-06 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [AB1229 Detail]

Download: California-2013-AB1229-Introduced.html

INTRODUCED BY   Assembly Member Atkins
   (Principal coauthor: Assembly Member Mullin)
   (Principal coauthor: Senator Leno)

                        FEBRUARY 22, 2013

   An act to amend Section 65850 of the Government Code, relating to
land use.


   AB 1229, as introduced, Atkins. Land use: zoning regulations.
   The Planning and Zoning Law authorizes the legislative body of any
city or county to adopt ordinances regulating zoning within its
jurisdiction, as specified.
   This bill would additionally authorize the legislative body of any
city or county to adopt ordinances to establish, as a condition of
development, inclusionary housing requirements, as specified, and
would declare the intent of the Legislature in adding this provision.
The bill would also make a technical, nonsubstantive change.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


  SECTION 1.  Section 65850 of the Government Code is amended to
   65850.  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
   (3) The percentage of a lot which may be occupied by a building or
   (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) Establish, as a condition of development, inclusionary housing
requirements, which may require the provision of residential units
affordable to, and occupied by, owners or tenants whose household
incomes do not exceed the limits for lower income, very low income,
or extremely low income households specified in Sections 50079.5,
50105, and 50106 of the Health and Safety Code. 
  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
   (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.