AB 890: Land use: planning and zoning: initiatives.

(1)The California Constitution authorizes the electors of each city and county to exercise the powers of initiative and referendum under procedures provided by the Legislature. The Planning and Zoning Law requires a county or city to prepare and adopt a comprehensive, long-term general plan for the physical development of the county or city. After the legislative body has adopted a general plan, that law authorizes the preparation of specific plans by the planning agency for the systematic implementation of the general plan for all or part of the area covered by the general plan. The Planning and Zoning Law provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities.

This bill would require that the city council of a city or the board of supervisors of a county have exclusive authority to adopt or amend a general plan, specific plan, or zoning ordinance, that would convert any discretionary land use approval necessary for a project to ministerial approval; change the land use or zoning designation of a parcel or parcels to a more intensive designation; or authorize more intensive land uses within an existing land use designation or zoning designation. The bill would specify that it would not apply to a legislative act that meets specified conditions, would not affect the referendum powers, and would not affect the power of a city council or board of supervisors to submit a ballot measure to the voters under 2 circumstances set out in the bill.

(2)Under the Planning Zone Law, a city, county, or city and county may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property. Existing law prohibits a city, county, or city and county from approving a development agreement unless the legislative body of that city or county finds that the agreement is consistent with the general plan and any applicable specific plan.

This bill would also prohibit a development agreement described above from being approved or amended by an ordinance adopted through the initiative process. The bill would state that this prohibition applies to a charter city.

(3)The bill would include findings that the changes proposed by this bill addresses a matter of statewide concern, and therefore shall apply to all cities and counties, including charter cities.