Bill Text: CA SB1333 | 2017-2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Planning and zoning: general plan: zoning regulations: charter cities.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2018-09-27 - Chaptered by Secretary of State. Chapter 856, Statutes of 2018. [SB1333 Detail]

Download: California-2017-SB1333-Introduced.html

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CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 1333

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Introduced by Senator Wieckowski

February 16, 2018

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An act to amend Sections 65356, 65700, and 65803 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST

SB 1333, as introduced, Wieckowski. Planning and zoning: general plan: zoning regulations: charter cities.

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and of certain land outside its boundaries, and requires the general plan to contain specified mandatory elements. That law sets forth various procedures and requirements with respect to the preparation and adoption of the general plan, including requiring the legislative body to adopt or amend a general plan by resolution by a majority vote of the total membership of the legislative body. The Planning and Zoning Law additionally authorizes the legislative body to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, and other uses in accordance with specified procedures. Existing law specifies that these provisions of the Planning and Zoning Law relating to general plans and zoning ordinances generally do not apply to charter cities, but requires a charter city to adopt, by resolution of the legislative body of the charter city or, if the charter so provides, the planning commission, a general plan that contains the mandatory elements required by that law and to comply with specified additional requirements relating to reporting to the Department of Housing and Community Development and low- and moderate-income housing in the coastal zone.

This bill would delete this limitation and instead specify that these provisions of the Planning and Zoning Law apply to charter cities. The bill would also make a nonsubstantive change with respect to the requirement that a charter city adopt a general plan by resolution. The bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of planning officials and legislative bodies of charter cities with respect to adopting and amending general plans and zoning ordinances, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 65356 of the Government Code is amended to read:

65356.

 (a) The legislative body shall adopt or amend a general plan by resolution, which resolution shall be adopted by the affirmative vote of not less than a majority of the total membership of the legislative body. The legislative body may approve, modify, or disapprove the recommendation of the planning commission, if any. However, any substantial modification proposed by the legislative body not previously considered by the commission during its hearings, shall first be referred to the planning commission for its recommendation. The failure of the commission to report within 45 calendar days after the reference, or within the time set by the legislative body, shall be deemed a recommendation for approval.

(b) A general plan of a charter city shall be adopted by resolution of the legislative body of the city, or the planning commission if the charter so provides.

SEC. 2.

 Section 65700 of the Government Code is amended to read:

65700.

 (a)This chapter shall not apply to a charter city, except to the extent that the same may be adopted by charter or ordinance of the city and except that charter cities shall adopt general plans in any case. General plans of a charter city shall be adopted by resolution of the legislative body of the city, or the planning commission if the charter so provides. These general plans shall contain the mandatory elements required by Article 5 (commencing with Section 65300) of Chapter 3 of this title. city.

(b)Notwithstanding subdivision (a), paragraph (2) of subdivision (a) of Section 65400 and Sections 65590 and 65590.1 shall be applicable to charter cities.

SEC. 3.

 Section 65803 of the Government Code is amended to read:

65803.

 Except as otherwise provided, this This chapter shall not apply to a charter city, except to the extent that the same may be adopted by charter or ordinance of the city.

SEC. 4.

 The Legislature finds and declares that the serious shortage of decent, safe, and sanitary housing for low- and moderate-income households first identified in 1979 continues and that ensuring the location, development, approval, and access to housing for all income levels in all jurisdictions in California is a matter of statewide concern and not exclusively a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. This situation requires the repeal of the charter city exemptions provided in Sections 65700 and 65803 of the Government Code as inconsistent with Section 1 of Article IV and Section 5 of Article XI of the California Constitution. Therefore, Sections 1, 2, and 3 of this act, that amend Sections 65356, 65700, and 65803 of the Government Code, apply to all cities, including charter cities.

SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.