Bill Text: CA AB2557 | 2015-2016 | Regular Session | Amended
Bill Title: Zoning regulations: interim ordinances.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2557 Detail]
Download: California-2015-AB2557-Amended.html
BILL NUMBER: AB 2557 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 18, 2016
AMENDED IN ASSEMBLY MARCH 31, 2016
INTRODUCED BY Assembly Members Santiago and Bloom
FEBRUARY 19, 2016
An act to amend Section 65858 of the Government Code, relating to
land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 2557, as amended, Santiago. Zoning regulations: interim
ordinances.
The Planning and Zoning Law authorizes the legislative body of a
city, including a charter city, a county, or a city and county under
specified conditions to adopt for a period of 45 days as an urgency
measure an interim ordinance prohibiting any uses that may be in
conflict with a contemplated general plan, specific plan, or zoning
proposal that the legislative body, the planning commission, or the
planning department is considering or studying or intends to study
within a reasonable time. Existing law prohibits the extension of an
interim ordinance that would have the effect of denying approvals
needed for the development of projects with a significant component
of multifamily housing, except upon specified findings supported by
substantial evidence on the record.
This bill would instead prohibit an interim ordinance from having
the effect of denying approvals needed for the development of
projects with a significant component of multifamily housing.
This bill would additionally make findings and declarations that
addressing housing matters, including the development of multifamily
housing, is a matter of statewide concern, and the bill therefore
applies to all cities, including charter cities.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65858 of the Government Code is amended to
read:
65858. (a) Without following the procedures otherwise required
prior to the adoption of a zoning ordinance, the legislative body of
a county, city, including a charter city, or city and county, to
protect the public safety, health, and welfare, may adopt as an
urgency measure an interim ordinance prohibiting any uses that may be
in conflict with a contemplated general plan, specific plan, or
zoning proposal that the legislative body, planning commission or the
planning department is considering or studying or intends to study
within a reasonable time. That urgency measure shall require a
four-fifths vote of the legislative body for adoption. The interim
ordinance shall be of no further force and effect 45 days from its
date of adoption. After notice pursuant to Section 65090 and public
hearing, the legislative body may extend the interim ordinance for 10
months and 15 days and subsequently extend the interim ordinance for
one year. Any extension shall also require a four-fifths vote for
adoption. Not more than two extensions may be adopted.
(b) Alternatively, an interim ordinance may be adopted by a
four-fifths vote following notice pursuant to Section 65090 and
public hearing, in which case it shall be of no further force and
effect 45 days from its date of adoption. After notice pursuant to
Section 65090 and public hearing, the legislative body may by a
four-fifths vote extend the interim ordinance for 22 months and 15
days.
(c) The legislative body shall not adopt or extend any interim
ordinance pursuant to this section unless the ordinance contains
legislative findings that there is a current and immediate threat to
the public health, safety, or welfare, and that the approval of
additional subdivisions, use permits, variances, building permits, or
any other applicable entitlement for use which is required in order
to comply with a zoning ordinance would result in that threat to
public health, safety, or welfare. An interim ordinance adopted
pursuant to this section shall not have the effect of denying
approvals needed for the development of projects with a significant
component of multifamily housing.
(d) Ten days prior to the expiration of that interim ordinance or
any extension, the legislative body shall issue a written report
describing the measures taken to alleviate the condition which led to
the adoption of the ordinance.
(e) When an interim ordinance has been adopted, every subsequent
ordinance adopted pursuant to this section, covering the whole or a
part of the same property, shall automatically terminate and be of no
further force or effect upon the termination of the first interim
ordinance or any extension of the ordinance as provided in this
section.
(f) Notwithstanding subdivision (e), upon termination of a prior
interim ordinance, the legislative body may adopt another interim
ordinance pursuant to this section provided that the new interim
ordinance is adopted to protect the public safety, health, and
welfare from an event, occurrence, or set of circumstances different
from the event, occurrence, or set of circumstances that led to the
adoption of the prior interim ordinance.
(g) For purposes of this section, "development of multifamily
housing projects" does not include the demolition, conversion,
redevelopment, or rehabilitation of multifamily housing that is
affordable to lower income households, as defined in Section 50079.5
of the Health and Safety Code, or that will result in an increase in
the price or reduction of the number of affordable units in a
multifamily housing project.
(h) For purposes of this section, "projects with a significant
component of multifamily housing" means projects in which multifamily
housing consists of at least one-third of the total square footage
of the project.
SEC. 2. The Legislature finds and declares that
addressing rising home costs, monthly rent costs, and housing
inventory within the state, including the development of multifamily
housing to alleviate housing need, is a matter of statewide concern
and is not a municipal affair as that term is used in Section 5 of
Article XI of the California Constitution. Therefore,
Section 65858 of the Government Code, as proposed to be amended by
this act, shall apply to all cities, including charter cities.
