AMENDED IN SENATE MAY 30, 2024
AMENDED IN ASSEMBLY APRIL 22, 2024
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
95
CHAPTER 747
Statutes of 2024
[ Approved by Governor September 27, 2024. Filed with Secretary of State September 27, 2024. ]
Introduced by Assembly Member Quirk-Silva
February 15, 2024
An act to amend Section 65854 of the Government Code, relating to land use.
Vote: majority Appropriation: no Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
Existing law requires the planning commission to hold a public hearing on any zoning ordinance or an amendment to a zoning ordinance that changes any property from one zone to another. Existing law, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, requires notice of the hearing to be, among other things, mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property, as specified.
This bill would instead require notice of the planning commission’s hearing on a proposed zoning ordinance or amendment to a zoning ordinance, if the proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, to be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days before the hearing.
By imposing increased noticing requirements on a local government that considers a zoning ordinance or amendment to a zoning ordinance, the bill would impose a state-mandated local program.
The bill would include findings that 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.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The people of the State of California do enact as follows:
SECTION 1.
Section 65854 of the Government Code is amended to read:
65854.
(a) The planning commission shall hold a public hearing on the proposed zoning ordinance or amendment to a zoning ordinance.
(b) (1) Except as provided in paragraph (2), notice of the hearing shall be given pursuant to Section 65090.
(2) If a proposed ordinance or amendment to a zoning ordinance affects the permitted uses of real property, notice of the hearing shall be given pursuant to Sections 65090 and 65091, except that the notice shall be published, posted, mailed, and delivered, or advertised, as applicable, at least 20 days before the hearing.
SEC. 2.
The Legislature finds and declares that ensuring sufficient notice of zoning ordinance changes that could affect property rights is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 65854 of the Government Code applies to all cities, including charter cities.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.