California 2017-2018 Regular Session

California Senate Bill SB277 Compare Versions

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1-Amended IN Assembly July 13, 2017 Amended IN Senate May 09, 2017 Amended IN Senate March 22, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 277Introduced by Senator Bradford(Coauthor: Senator Beall)February 09, 2017 An act to amend Section 65850 of the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTSB 277, as amended, Bradford. 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 require, as a condition of development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, moderate-income, lower income, very low income, or extremely low income households, as specified. The bill would require the ordinance to provide alternative means of compliance. The bill would also make a nonsubstantive change and legislative findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. 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 needs.(c) While many of these local programs have been in place for decades, a 2009 appellate court decision has created uncertainty and confusion for local governments regarding the use of this tool to ensure the inclusion of affordable rental units in residential developments.(d) It is the intent of the Legislature to reaffirm the authority of local jurisdictions to include in these inclusionary housing ordinances requirements related to the provision of rental units.(e) The Legislature declares its intent in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to supersede any the holding or and dicta in any the court decision or opinion of Palmer/Sixth Street Properties, L.P. v. City of Los Angeles (2009) 175 Cal.App.4th 1396 to the extent that the decision or opinion conflicts with that subdivision. a local jurisdictions authority to impose inclusionary housing ordinances pursuant to subdivision (g) of Section 65850 of the Government Code, as added pursuant to Section 2 of this act.(f) In no case is it the intent of the Legislature in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to enlarge, diminish, or modify, in any way, the existing authority of a city, county, or city and county to establish, as a condition of development, inclusionary housing requirements, beyond reaffirming their applicability to rental units.(g) This act does not modify or in any way change or affect the authority of a city, county, or city and county to require, as a condition of the development of residential units, that the development include a certain percentage of residential for-sale units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households.(h) It is the intent of the Legislature to reaffirm that existing law requires that the action of any legislative body of any city, county, or city and county to adopt a new inclusionary housing ordinance be taken openly and that their deliberations be conducted openly consistent with the requirements of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).(i) Except as provided in subdivision (e), in no case is it the intent of the Legislature in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to enlarge, diminish, or modify in any way the existing rights of an owner of residential real property under Sections 1954.50 to 1954.535, inclusive, of the Civil Code and Sections 7060 to 7060.7, inclusive, of the Government Code.SEC. 2. Section 65850 of the Government Code is amended to read: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 spaces.(3) The percentage of a lot which may be occupied by a building or structure.(4) The intensity of land use.(d) Establish requirements for 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) Require, as a condition of the development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50105, and 50106 of the Health and Safety Code. The ordinance shall provide alternative means of compliance, which may include, but are not limited to, in-lieu fees, land dedication, offsite construction, or acquisition and rehabilitation of existing units.
1+Amended IN Senate May 09, 2017 Amended IN Senate March 22, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 277Introduced by Senator BradfordFebruary 09, 2017 An act to amend Section 65850 of the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTSB 277, as amended, Bradford. 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 require, as a condition of development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, moderate-income, lower income, very low income, or extremely low income households, as specified. The bill would require the ordinance to provide alternative means of compliance. The bill would also make a nonsubstantive change and legislative findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. 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, 1970s, over 170 jurisdictions have enacted inclusionary housing ordinances to meet their affordable housing needs.(c) While many of these local programs have been in place for decades, a 2009 appellate court decision has created uncertainty and confusion for local governments regarding the use of this tool to ensure the inclusion of affordable rental units in residential developments.(d) It is the intent of the Legislature to reaffirm the authority of local jurisdictions to include in these inclusionary housing ordinances requirements related to the provision of rental units.(e) The Legislature declares its intent in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to supersede any holding or dicta in any court decision or opinion to the extent that the decision or opinion conflicts with that subdivision.(f) In no case is it the intent of the Legislature in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to enlarge, diminish, or modify, in any way, the existing authority of a city, county, or city and county to establish, as a condition of development, inclusionary housing requirements, beyond reaffirming their applicability to rental units.(g) This act does not modify or in any way change or affect the authority of a city, county, or city and county to require, as a condition of the development of residential units, that the development include a certain percentage of residential for-sale units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households.(h) It is the intent of the Legislature to reaffirm that existing law requires that the action of any legislative body of any city, county, or city and county to adopt a new inclusionary housing ordinance be taken openly and that their deliberations be conducted openly consistent with the requirements of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).SEC. 2. Section 65850 of the Government Code is amended to read: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 spaces.(3) The percentage of a lot which may be occupied by a building or structure.(4) The intensity of land use.(d) Establish requirements for 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) Require, as a condition of the development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50105, and 50106 of the Health and Safety Code. The ordinance shall provide alternative means of compliance, which may include, but are not limited to, in-lieu fees, land dedication, offsite construction, or acquisition and rehabilitation of existing units.
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3- Amended IN Assembly July 13, 2017 Amended IN Senate May 09, 2017 Amended IN Senate March 22, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 277Introduced by Senator Bradford(Coauthor: Senator Beall)February 09, 2017 An act to amend Section 65850 of the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTSB 277, as amended, Bradford. 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 require, as a condition of development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, moderate-income, lower income, very low income, or extremely low income households, as specified. The bill would require the ordinance to provide alternative means of compliance. The bill would also make a nonsubstantive change and legislative findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
3+ Amended IN Senate May 09, 2017 Amended IN Senate March 22, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 277Introduced by Senator BradfordFebruary 09, 2017 An act to amend Section 65850 of the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTSB 277, as amended, Bradford. 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 require, as a condition of development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, moderate-income, lower income, very low income, or extremely low income households, as specified. The bill would require the ordinance to provide alternative means of compliance. The bill would also make a nonsubstantive change and legislative findings and declarations.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
44
5- Amended IN Assembly July 13, 2017 Amended IN Senate May 09, 2017 Amended IN Senate March 22, 2017
5+ Amended IN Senate May 09, 2017 Amended IN Senate March 22, 2017
66
7-Amended IN Assembly July 13, 2017
87 Amended IN Senate May 09, 2017
98 Amended IN Senate March 22, 2017
109
1110 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
1211
1312 Senate Bill No. 277
1413
15-Introduced by Senator Bradford(Coauthor: Senator Beall)February 09, 2017
14+Introduced by Senator BradfordFebruary 09, 2017
1615
17-Introduced by Senator Bradford(Coauthor: Senator Beall)
16+Introduced by Senator Bradford
1817 February 09, 2017
1918
2019 An act to amend Section 65850 of the Government Code, relating to land use.
2120
2221 LEGISLATIVE COUNSEL'S DIGEST
2322
2423 ## LEGISLATIVE COUNSEL'S DIGEST
2524
2625 SB 277, as amended, Bradford. Land use: zoning regulations.
2726
2827 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 require, as a condition of development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, moderate-income, lower income, very low income, or extremely low income households, as specified. The bill would require the ordinance to provide alternative means of compliance. The bill would also make a nonsubstantive change and legislative findings and declarations.
2928
3029 The Planning and Zoning Law authorizes the legislative body of any city or county to adopt ordinances regulating zoning within its jurisdiction, as specified.
3130
3231 This bill would additionally authorize the legislative body of any city or county to adopt ordinances to require, as a condition of development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, moderate-income, lower income, very low income, or extremely low income households, as specified. The bill would require the ordinance to provide alternative means of compliance. The bill would also make a nonsubstantive change and legislative findings and declarations.
3332
3433 ## Digest Key
3534
3635 ## Bill Text
3736
38-The people of the State of California do enact as follows:SECTION 1. 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 needs.(c) While many of these local programs have been in place for decades, a 2009 appellate court decision has created uncertainty and confusion for local governments regarding the use of this tool to ensure the inclusion of affordable rental units in residential developments.(d) It is the intent of the Legislature to reaffirm the authority of local jurisdictions to include in these inclusionary housing ordinances requirements related to the provision of rental units.(e) The Legislature declares its intent in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to supersede any the holding or and dicta in any the court decision or opinion of Palmer/Sixth Street Properties, L.P. v. City of Los Angeles (2009) 175 Cal.App.4th 1396 to the extent that the decision or opinion conflicts with that subdivision. a local jurisdictions authority to impose inclusionary housing ordinances pursuant to subdivision (g) of Section 65850 of the Government Code, as added pursuant to Section 2 of this act.(f) In no case is it the intent of the Legislature in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to enlarge, diminish, or modify, in any way, the existing authority of a city, county, or city and county to establish, as a condition of development, inclusionary housing requirements, beyond reaffirming their applicability to rental units.(g) This act does not modify or in any way change or affect the authority of a city, county, or city and county to require, as a condition of the development of residential units, that the development include a certain percentage of residential for-sale units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households.(h) It is the intent of the Legislature to reaffirm that existing law requires that the action of any legislative body of any city, county, or city and county to adopt a new inclusionary housing ordinance be taken openly and that their deliberations be conducted openly consistent with the requirements of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).(i) Except as provided in subdivision (e), in no case is it the intent of the Legislature in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to enlarge, diminish, or modify in any way the existing rights of an owner of residential real property under Sections 1954.50 to 1954.535, inclusive, of the Civil Code and Sections 7060 to 7060.7, inclusive, of the Government Code.SEC. 2. Section 65850 of the Government Code is amended to read: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 spaces.(3) The percentage of a lot which may be occupied by a building or structure.(4) The intensity of land use.(d) Establish requirements for 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) Require, as a condition of the development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50105, and 50106 of the Health and Safety Code. The ordinance shall provide alternative means of compliance, which may include, but are not limited to, in-lieu fees, land dedication, offsite construction, or acquisition and rehabilitation of existing units.
37+The people of the State of California do enact as follows:SECTION 1. 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, 1970s, over 170 jurisdictions have enacted inclusionary housing ordinances to meet their affordable housing needs.(c) While many of these local programs have been in place for decades, a 2009 appellate court decision has created uncertainty and confusion for local governments regarding the use of this tool to ensure the inclusion of affordable rental units in residential developments.(d) It is the intent of the Legislature to reaffirm the authority of local jurisdictions to include in these inclusionary housing ordinances requirements related to the provision of rental units.(e) The Legislature declares its intent in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to supersede any holding or dicta in any court decision or opinion to the extent that the decision or opinion conflicts with that subdivision.(f) In no case is it the intent of the Legislature in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to enlarge, diminish, or modify, in any way, the existing authority of a city, county, or city and county to establish, as a condition of development, inclusionary housing requirements, beyond reaffirming their applicability to rental units.(g) This act does not modify or in any way change or affect the authority of a city, county, or city and county to require, as a condition of the development of residential units, that the development include a certain percentage of residential for-sale units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households.(h) It is the intent of the Legislature to reaffirm that existing law requires that the action of any legislative body of any city, county, or city and county to adopt a new inclusionary housing ordinance be taken openly and that their deliberations be conducted openly consistent with the requirements of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).SEC. 2. Section 65850 of the Government Code is amended to read: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 spaces.(3) The percentage of a lot which may be occupied by a building or structure.(4) The intensity of land use.(d) Establish requirements for 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) Require, as a condition of the development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50105, and 50106 of the Health and Safety Code. The ordinance shall provide alternative means of compliance, which may include, but are not limited to, in-lieu fees, land dedication, offsite construction, or acquisition and rehabilitation of existing units.
3938
4039 The people of the State of California do enact as follows:
4140
4241 ## The people of the State of California do enact as follows:
4342
44-SECTION 1. 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 needs.(c) While many of these local programs have been in place for decades, a 2009 appellate court decision has created uncertainty and confusion for local governments regarding the use of this tool to ensure the inclusion of affordable rental units in residential developments.(d) It is the intent of the Legislature to reaffirm the authority of local jurisdictions to include in these inclusionary housing ordinances requirements related to the provision of rental units.(e) The Legislature declares its intent in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to supersede any the holding or and dicta in any the court decision or opinion of Palmer/Sixth Street Properties, L.P. v. City of Los Angeles (2009) 175 Cal.App.4th 1396 to the extent that the decision or opinion conflicts with that subdivision. a local jurisdictions authority to impose inclusionary housing ordinances pursuant to subdivision (g) of Section 65850 of the Government Code, as added pursuant to Section 2 of this act.(f) In no case is it the intent of the Legislature in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to enlarge, diminish, or modify, in any way, the existing authority of a city, county, or city and county to establish, as a condition of development, inclusionary housing requirements, beyond reaffirming their applicability to rental units.(g) This act does not modify or in any way change or affect the authority of a city, county, or city and county to require, as a condition of the development of residential units, that the development include a certain percentage of residential for-sale units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households.(h) It is the intent of the Legislature to reaffirm that existing law requires that the action of any legislative body of any city, county, or city and county to adopt a new inclusionary housing ordinance be taken openly and that their deliberations be conducted openly consistent with the requirements of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).(i) Except as provided in subdivision (e), in no case is it the intent of the Legislature in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to enlarge, diminish, or modify in any way the existing rights of an owner of residential real property under Sections 1954.50 to 1954.535, inclusive, of the Civil Code and Sections 7060 to 7060.7, inclusive, of the Government Code.
43+SECTION 1. 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, 1970s, over 170 jurisdictions have enacted inclusionary housing ordinances to meet their affordable housing needs.(c) While many of these local programs have been in place for decades, a 2009 appellate court decision has created uncertainty and confusion for local governments regarding the use of this tool to ensure the inclusion of affordable rental units in residential developments.(d) It is the intent of the Legislature to reaffirm the authority of local jurisdictions to include in these inclusionary housing ordinances requirements related to the provision of rental units.(e) The Legislature declares its intent in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to supersede any holding or dicta in any court decision or opinion to the extent that the decision or opinion conflicts with that subdivision.(f) In no case is it the intent of the Legislature in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to enlarge, diminish, or modify, in any way, the existing authority of a city, county, or city and county to establish, as a condition of development, inclusionary housing requirements, beyond reaffirming their applicability to rental units.(g) This act does not modify or in any way change or affect the authority of a city, county, or city and county to require, as a condition of the development of residential units, that the development include a certain percentage of residential for-sale units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households.(h) It is the intent of the Legislature to reaffirm that existing law requires that the action of any legislative body of any city, county, or city and county to adopt a new inclusionary housing ordinance be taken openly and that their deliberations be conducted openly consistent with the requirements of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
4544
46-SECTION 1. 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 needs.(c) While many of these local programs have been in place for decades, a 2009 appellate court decision has created uncertainty and confusion for local governments regarding the use of this tool to ensure the inclusion of affordable rental units in residential developments.(d) It is the intent of the Legislature to reaffirm the authority of local jurisdictions to include in these inclusionary housing ordinances requirements related to the provision of rental units.(e) The Legislature declares its intent in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to supersede any the holding or and dicta in any the court decision or opinion of Palmer/Sixth Street Properties, L.P. v. City of Los Angeles (2009) 175 Cal.App.4th 1396 to the extent that the decision or opinion conflicts with that subdivision. a local jurisdictions authority to impose inclusionary housing ordinances pursuant to subdivision (g) of Section 65850 of the Government Code, as added pursuant to Section 2 of this act.(f) In no case is it the intent of the Legislature in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to enlarge, diminish, or modify, in any way, the existing authority of a city, county, or city and county to establish, as a condition of development, inclusionary housing requirements, beyond reaffirming their applicability to rental units.(g) This act does not modify or in any way change or affect the authority of a city, county, or city and county to require, as a condition of the development of residential units, that the development include a certain percentage of residential for-sale units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households.(h) It is the intent of the Legislature to reaffirm that existing law requires that the action of any legislative body of any city, county, or city and county to adopt a new inclusionary housing ordinance be taken openly and that their deliberations be conducted openly consistent with the requirements of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).(i) Except as provided in subdivision (e), in no case is it the intent of the Legislature in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to enlarge, diminish, or modify in any way the existing rights of an owner of residential real property under Sections 1954.50 to 1954.535, inclusive, of the Civil Code and Sections 7060 to 7060.7, inclusive, of the Government Code.
45+SECTION 1. 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, 1970s, over 170 jurisdictions have enacted inclusionary housing ordinances to meet their affordable housing needs.(c) While many of these local programs have been in place for decades, a 2009 appellate court decision has created uncertainty and confusion for local governments regarding the use of this tool to ensure the inclusion of affordable rental units in residential developments.(d) It is the intent of the Legislature to reaffirm the authority of local jurisdictions to include in these inclusionary housing ordinances requirements related to the provision of rental units.(e) The Legislature declares its intent in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to supersede any holding or dicta in any court decision or opinion to the extent that the decision or opinion conflicts with that subdivision.(f) In no case is it the intent of the Legislature in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to enlarge, diminish, or modify, in any way, the existing authority of a city, county, or city and county to establish, as a condition of development, inclusionary housing requirements, beyond reaffirming their applicability to rental units.(g) This act does not modify or in any way change or affect the authority of a city, county, or city and county to require, as a condition of the development of residential units, that the development include a certain percentage of residential for-sale units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households.(h) It is the intent of the Legislature to reaffirm that existing law requires that the action of any legislative body of any city, county, or city and county to adopt a new inclusionary housing ordinance be taken openly and that their deliberations be conducted openly consistent with the requirements of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
4746
4847 SECTION 1. The Legislature finds and declares all of the following:
4948
5049 ### SECTION 1.
5150
5251 (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.
5352
54-(b) Since the 1970s, over 170 jurisdictions have enacted inclusionary housing ordinances to meet their affordable housing needs.
53+(b) Since the 1970s, 1970s, over 170 jurisdictions have enacted inclusionary housing ordinances to meet their affordable housing needs.
5554
5655 (c) While many of these local programs have been in place for decades, a 2009 appellate court decision has created uncertainty and confusion for local governments regarding the use of this tool to ensure the inclusion of affordable rental units in residential developments.
5756
5857 (d) It is the intent of the Legislature to reaffirm the authority of local jurisdictions to include in these inclusionary housing ordinances requirements related to the provision of rental units.
5958
60-(e) The Legislature declares its intent in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to supersede any the holding or and dicta in any the court decision or opinion of Palmer/Sixth Street Properties, L.P. v. City of Los Angeles (2009) 175 Cal.App.4th 1396 to the extent that the decision or opinion conflicts with that subdivision. a local jurisdictions authority to impose inclusionary housing ordinances pursuant to subdivision (g) of Section 65850 of the Government Code, as added pursuant to Section 2 of this act.
59+(e) The Legislature declares its intent in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to supersede any holding or dicta in any court decision or opinion to the extent that the decision or opinion conflicts with that subdivision.
6160
6261 (f) In no case is it the intent of the Legislature in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to enlarge, diminish, or modify, in any way, the existing authority of a city, county, or city and county to establish, as a condition of development, inclusionary housing requirements, beyond reaffirming their applicability to rental units.
6362
6463 (g) This act does not modify or in any way change or affect the authority of a city, county, or city and county to require, as a condition of the development of residential units, that the development include a certain percentage of residential for-sale units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households.
6564
6665 (h) It is the intent of the Legislature to reaffirm that existing law requires that the action of any legislative body of any city, county, or city and county to adopt a new inclusionary housing ordinance be taken openly and that their deliberations be conducted openly consistent with the requirements of the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).
67-
68-(i) Except as provided in subdivision (e), in no case is it the intent of the Legislature in adding subdivision (g) to Section 65850 of the Government Code, pursuant to Section 2 of this act, to enlarge, diminish, or modify in any way the existing rights of an owner of residential real property under Sections 1954.50 to 1954.535, inclusive, of the Civil Code and Sections 7060 to 7060.7, inclusive, of the Government Code.
6966
7067 SEC. 2. Section 65850 of the Government Code is amended to read: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 spaces.(3) The percentage of a lot which may be occupied by a building or structure.(4) The intensity of land use.(d) Establish requirements for 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) Require, as a condition of the development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50105, and 50106 of the Health and Safety Code. The ordinance shall provide alternative means of compliance, which may include, but are not limited to, in-lieu fees, land dedication, offsite construction, or acquisition and rehabilitation of existing units.
7168
7269 SEC. 2. Section 65850 of the Government Code is amended to read:
7370
7471 ### SEC. 2.
7572
7673 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 spaces.(3) The percentage of a lot which may be occupied by a building or structure.(4) The intensity of land use.(d) Establish requirements for 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) Require, as a condition of the development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50105, and 50106 of the Health and Safety Code. The ordinance shall provide alternative means of compliance, which may include, but are not limited to, in-lieu fees, land dedication, offsite construction, or acquisition and rehabilitation of existing units.
7774
7875 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 spaces.(3) The percentage of a lot which may be occupied by a building or structure.(4) The intensity of land use.(d) Establish requirements for 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) Require, as a condition of the development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50105, and 50106 of the Health and Safety Code. The ordinance shall provide alternative means of compliance, which may include, but are not limited to, in-lieu fees, land dedication, offsite construction, or acquisition and rehabilitation of existing units.
7976
8077 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 spaces.(3) The percentage of a lot which may be occupied by a building or structure.(4) The intensity of land use.(d) Establish requirements for 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) Require, as a condition of the development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50105, and 50106 of the Health and Safety Code. The ordinance shall provide alternative means of compliance, which may include, but are not limited to, in-lieu fees, land dedication, offsite construction, or acquisition and rehabilitation of existing units.
8178
8279
8380
8481 65850. The legislative body of any county or city may, pursuant to this chapter, adopt ordinances that do any of the following:
8582
8683 (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.
8784
8885 (b) Regulate signs and billboards.
8986
9087 (c) Regulate all of the following:
9188
9289 (1) The location, height, bulk, number of stories, and size of buildings and structures.
9390
9491 (2) The size and use of lots, yards, courts, and other open spaces.
9592
9693 (3) The percentage of a lot which may be occupied by a building or structure.
9794
9895 (4) The intensity of land use.
9996
10097 (d) Establish requirements for off-street parking and loading.
10198
10299 (e) Establish and maintain building setback lines.
103100
104101 (f) Create civic districts around civic centers, public parks, public buildings, or public grounds, and establish regulations for those civic districts.
105102
106103 (g) Require, as a condition of the development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50105, and 50106 of the Health and Safety Code. The ordinance shall provide alternative means of compliance, which may include, but are not limited to, in-lieu fees, land dedication, offsite construction, or acquisition and rehabilitation of existing units.