SB 1333: 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, including a housing element. That law sets forth various procedures and requirements with respect to the preparation and adoption of the general plan and housing element, 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. Existing law deems the adoption of the general plan to be reviewable, provides for the preparation of specific plans for the systematic implementation of the general plan, and prohibits the approval of local public works projects and tentative or parcel maps, as specified, as well as the adoption or amendment of a zoning ordinance within an area covered by a specific plan, unless it is consistent with the adopted specific plan. Existing law prohibits the adoption or amendment of a transit village plan unless the plan or amendment is consistent with the general plan. Existing law specifies that these provisions of the Planning and Zoning Law relating to general plans and housing elements 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 specify that these provisions of the Planning and Zoning Law regarding general plans, specific plans, and the adoption and review of housing elements 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 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 requires each county and city to consider the effects of these ordinances on the housing needs of the region in which the local jurisdiction is situated and balance these needs against the public service needs of its residents and available fiscal and environmental resources. Existing law prohibits a local agency from enacting or enforcing an ordinance that would prohibit the reconstruction, restoration, or rebuilding of a multifamily dwelling that is involuntarily damaged or destroyed, as specified, unless certain determinations are made. Existing law requires county or city zoning ordinances, including certain ordinances of a charter city with a population of 2,000,000 or more, to be consistent with the general plan, as specified. Existing law requires each city, county, or city and county to ensure that its housing element inventory or its housing element program, as specified, can accommodate its remaining unmet share of the allocated regional housing need. Existing law authorizes a city, county, or city and county to enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property, and requires such an agreement to be modified or suspended as necessary to comply with subsequent state or federal law. Existing law specifies that these provisions of the Planning and Zoning Law generally do not apply to charter cities.

This bill would, instead, specify that various provisions of the Planning and Zoning Law regarding ordinances, regional housing need, mobilehome parks, and certain development agreements apply to charter cities.

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.