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Hon. Rob Bonta 2 October 15,2021 authority to act locally as local actions must be consistent with state law. Of California's 58 counties, 14 currently are charter counties. Of California's 482 cities, 121 are charter cities. Zoning,Land Use,and Housing. Both general law and charter cities and counties in California make most decisions about when, where, and what type of housing will be built. Cities and counties enact zoning ordinances to set property-specific land use requirements. A community's zoning ordinance typically defines how each property can be used and its form. Use dictates the category of development that is permitted on the property—such as single-family residential,multifamily residential, or commercial. Form dictates building height and width,the share of land covered by buildings,and the distance of buildings from neighboring properties and roads.Rules about use and form effectively determine how many housing units can be built on a particular site. A site with one- or two-story height limits and requirements for large distances from surrounding properties typically can accommodate only single-family homes. Conversely, a site with height limits over 100 feet and relatively smaller required distances between properties can accommodate higher-density housing such as multistory apartments. By dictating how many sites housing can be built on and at what densities,zoning controls how much housing a community can accommodate. State Ifas Special Jurisdiction Over Land Use Decisions in Areas of Statewide Concern. Currently,the local affairs rule does not prohibit the state from regulating zoning or land use when necessary to address a statewide concern. For example, state law requires cities and counties to carry out certain planning exercises that attempt to ensure they can accommodate needed home building.In addition, recent housing legislation requires, in some limited cases, local governments to streamline housing approvals and build more dense housing.This legislation declares that ensuring access to affordable housing is a matter of statewide concern and not a local affair. In recent years,the state increasingly has seen issues of zoning and land use as matters of statewide concern.Nevertheless, local governments retain significant control over zoning, land use, and housing. Proposal Specifies Local Laws Related to Zoning or Land Use Generally Prevail Over Conflicting State Laws. This measure would amend the California Constitution to specify that actions by a charter city or county related to zoning,development, or land use—hereafter referred to as local laws—would be a local affair and prevail over conflicting state laws.The measure also specifies that zoning and land use laws in general law cities and counties would prevail over conflicting state general law. Consequently, under the measure, local laws that currently conflict with state law generally would become enforceable. Moreover, local initiatives related to zoning or land use not only would prevail over laws passed by local governing bodies but also state law. While the state could continue to enact legislation related to local zoning and land use,rather than follow state law,cities and counties could enact conflicting laws.These local laws generally would prevail over state law. Identifies Areas of Statewide Concern Where State Law Could Continue to PrevaiL The measure identifies certain areas in which courts could determine whether state laws could continue to prevail over local laws.This authority extends to zoning or land use in: (1)the coastal zone;(2)the siting of a power plant that can generate more than 50 megawatts of electricity; or(3)the development of water,communications,or transportation infrastructure projects that the state declares are matters of statewide concern. These same exemptions apply to general law cities and counties,although no court ruling is necessary.