Last year, Senate bill (sb) 827 was defeated in its first committee cycle. Sb 50 and sb330 are workarounds of sb827 from the California state senate. Both bills have progressed further through the senate committees than sb827.
Because sb50 has passed almost unanimously through its first two committees, the full vote of the Senate can take place in June, 2019.
The bills seek to remove local control of planning from municipalities, cities and counties in California. They will revoke and suspend voter approved building height limits and density maximums that have historically protected our communities from over-densification.
Please note the language from the text of sb330:
This bill, until January 1, 2030, with respect to land where housing is an allowable use, except as specified, would prohibit a county or city, including the electorate exercising its local initiative or referendum power, in which specified conditions exist, from enacting a development policy, standard, or condition, as defined, that would have the effect of (A) changing the land use designation or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing zoning district below what was allowed under the general plan or specific plan land use designation and zoning ordinances of the county or city as in effect on January 1, 2018; (B) imposing or enforcing a moratorium on housing development within all or a portion of the jurisdiction of the county or city, except as provided; (C) imposing or enforcing new design standards established on or after January 1, 2018, that are not objective design standards, as defined; or (D) establishing or implementing certain limits on the number of permits issued by, or the population of, the county or city. The bill would, notwithstanding these prohibitions, allow a city or county to prohibit the commercial use of land zoned for residential use consistent with the authority of the city or county conferred by other law. The bill would state that these prohibitions would apply to any zoning ordinance adopted or amended on or after January 1, 2018, and that any zoning ordinance adopted, or amendment to an existing ordinance or to an adopted general plan or specific plan, on or after that date that does not comply would be deemed void.
The bill would state that these prohibitions would prevail over any conflicting provision of the Planning and Zoning Law or other law regulating housing development in this state, except as specifically provided. The bill would also require that any exception to these provisions, including an exception for the health and safety of occupants of a housing development project, be construed narrowly. The bill would also declare any requirement to obtain local voter approval for specified purposes related to housing development against public policy and void.
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