SB322 - Urban equestrian inclusion zones.

Amended IN Assembly June 24, 2025 Amended IN Senate April 21, 2025 Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 322 Introduced by Senator Menjivar February 11, 2025 An act to amend Section 66300 of, and to add Chapter 6.4 (commencing with Section 51043) to Part 1 of Division 1 of Title 5 of of, the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST SB 322, as amended, Menjivar. Urban equestrian initiative inclusion zones. Existing law, the Urban Agriculture Incentive Zones Act, authorizes, under specified conditions, a city, county, or city and county to establish by ordinance an urban agriculture incentive zone for the purpose of entering into voluntary contracts with landowners to enforceably restrict the use of vacant, unimproved, or otherwise blighted lands for small-scale production of agricultural crops and animal husbandry. Existing law prohibits a city, county, or city and county from entering into a new contract or renewing an existing contract under these provisions after January 1, 2029. This bill would authorize a city, county, or city and county, under specified conditions, to establish by ordinance an urban equestrian incentive inclusion zone within its boundaries for the purpose of entering into enforceable contracts, as described, with landowners, on a voluntary basis, for restricting land use for equestrian activities, as defined. The bill would prohibit a city, county, or city and county from entering into a new contract or renewing an existing contract under these provisions after January 1, 2029. Existing law, the Housing Crisis Act of 2019, prohibits certain counties and cities from enacting a development policy, standard, or condition that would have any of specified effects, including reducing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district in effect at the time of the proposed change, below what was allowed under the land use designation or zoning ordinances of the county or city, as in effect on January 1, 2018, except as specified. Existing law defines “reducing the intensity of land use” for these purposes. This bill would include entering into enforceable contracts with landowners for restricting land use for equestrian activities within the definition of “reducing the intensity of land use.” 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Chapter 6.4 (commencing with Section 51043) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read: CHAPTER 6.4. Urban Equestrian Incentive Inclusion Zones 51043. (a) (1) (A) (i) A city, county, or city and county may, after a public hearing, establish by ordinance an urban equestrian incentive inclusion zone within its boundaries for the purpose of entering into enforceable contracts with landowners, on a voluntary basis, for restricting land use for equestrian activities. (ii) (B) The boundaries may include shall be within an equine or equestrian district designated by a general plan or specific or master plan, which may include a specific narrative reference to a geographically determined area or map of the same. Parcels adjoined and parcels only separated by a street or highway shall be considered to be within an equine or equestrian district. (iii) (C) The boundaries shall not include any parcels included in the sites inventory pursuant to paragraph (3) of subdivision (a) of Section 65583. (B) A city, county, or city and county may, after a public hearing, establish by ordinance an urban equestrian incentive zone within its boundaries for the purpose of entering into enforceable contracts with landowners, on a voluntary basis, for the use of vacant, unimproved, blighted lands and properties with existing facilities used for equestrian activities. (D) The boundaries shall only include parcels that currently contain, and have contained on an ongoing basis since January 1, 2020, an equestrian activity use. (E) Entering into enforceable contracts with landowners for restricting land use for equestrian activities shall be considered a reduction in the intensity of land use pursuant to subparagraph (A) of paragraph (1) of subdivision (b) of Section 66300 and shall require compliance with subdivision (h) of Section 66300. (2) Following the adoption of the ordinance pursuant to paragraph (1), a city, county, or city and county that has established an urban equestrian incentive inclusion zone within its boundaries may adopt rules and regulations consistent with the city, county, or city and county’s general plan, zoning, and other land use standards, for the implementation and administration of the urban equestrian incentive inclusion zone and of contracts related to that urban equestrian incentive inclusion zone. (3) The city, county, or city and county may impose a fee upon contracting landowners for the reasonable costs of implementing and administering contracts. (b) (1) Following the adoption of the ordinance as required by subdivision (a), a city, county, or city and county may enter into a contract with a landowner to enforceably restrict the use of the land subject to the contract to uses consistent with urban equestrian activities and local jurisdiction requirements for public health and safety. (2) A contract entered into pursuant to this chapter shall include, but is not limited to, all of the following provisions: (A) An initial term of not less than five years. (B) A restriction on property, or combination of contiguous properties that is at least 0.1 acres, and not more than three acres. (C) A requirement that the entire property, or combination of contiguous properties, subject to the contract shall be dedicated toward equestrian activity use. (D) A prohibition against any dwellings, except a livestock caretaker’s dwelling, on the property while under contract. (c) A contract entered into pursuant to this chapter shall not prohibit the use of structures that support equestrian activities, including, but not limited to, stables, barns, covered or uncovered riding areas, feed or hay barns, tool equipment sheds, tack rooms, and instructional space. (d) (1) A city, county, or city and county shall not enter into a new contract or renew an existing contract pursuant to this chapter after January 1, 2029. (2) A contract entered into pursuant to this chapter on or before January 1, 2029, shall be valid and enforceable for the duration of the contract. (e) For purposes of this section, the following definitions apply: (1) “Equestrian activities” means any activity involving equine. (2) “Equestrian activity use” means land or structures where equine activities take place. SEC. 2. Section 66300 of the Government Code is amended to read: 66300. (a) As used in this article, the following definitions shall apply: (1) (A) Except as otherwise provided in subparagraph (B), “affected city” means a city, including a charter city, that the Department of Housing and Community Development determines, pursuant to subdivision (d), is in an urbanized area or urban cluster, as designated by the United States Census Bureau. (B) Notwithstanding subparagraph (A), “affected city” does not include any city that has a population of 5,000 or less and is not located within an urbanized area, as designated by the United States Census Bureau. (2) “Affected county” means a census-designated place, based on the 2013-2017 American Community Survey 5-year Estimates, that is wholly located within the boundaries of an urbanized area, as designated by the United States Census Bureau. (3) Notwithstanding any other law, “affected county” and “affected city” includes the electorate of an affected county or city exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the affected county or city. (4) “Department” means the Department of Housing and Community Development. (5) “Development policy, standard, or condition” means any of the following: (A) A provision of, or amendment to, a general plan. (B) A provision of, or amendment to, a specific plan. (C) A provision of, or amendment to, a zoning ordinance. (D) A subdivision standard or criterion. (6) “Housing development project” has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5. (7) “Objective design standard” means a design standard that involves no personal or subjective judgment by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal of an application. (b) (1) Notwithstanding any other law except as provided in subdivision (h), with respect to land where housing is an allowable use, an affected county or an affected city shall not enact a development policy, standard, or condition that would have any of the following effects: (A) Changing the general plan land use designation, specific plan 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 general plan land use designation, specific plan land use designation, or zoning district in effect at the time of the proposed change, below what was allowed under the land use designation or zoning ordinances of the affected county or affected city, as applicable, as in effect on January 1, 2018, except as otherwise provided in clause (ii) of subparagraph (B) or subdivision (h). For purposes of this subparagraph, “reducing the intensity of land use” includes, but is not limited to, reductions to height, density, or floor area ratio, new or increased open space or lot size requirements, new or increased setback requirements, minimum frontage requirements, or maximum lot coverage limitations, entering into enforceable contracts with landowners for restricting land use for equestrian activities pursuant to Section 51043, or any other action that would individually or cumulatively reduce the site’s residential development capacity. (B) (i) Imposing a moratorium or similar restriction or limitation on housing development, including mixed-use development, within all or a portion of the jurisdiction of the affected county or city, other than to specifically protect against an imminent threat to the health and safety of persons residing in, or within the immediate vicinity of, the area subject to the moratorium or for projects specifically identified as existing restricted affordable housing. (ii) The affected county or affected city, as applicable, shall not enforce a zoning ordinance imposing a moratorium or other similar restriction on or limitation of housing development until it has submitted the ordinance to, and received approval from, the department. The department shall approve a zoning ordinance submitted to it pursuant to this subparagraph only if it determines that the zoning ordinance satisfies the requirements of this subparagraph. If the department denies approval of a zoning ordinance imposing a moratorium or similar restriction or limitation on housing development as inconsistent with this subparagraph, that ordinance shall be deemed void. (C) Imposing or enforcing design standards established on or after January 1, 2020, that are not objective design standards. (D) Except as provided in subparagraph (E), establishing or implementing any provision that: (i) Limits the number of land use approvals or permits necessary for the approval and construction of housing that will be issued or allocated within all or a portion of the affected county or affected city, as applicable. (ii) Acts as a cap on the number of housing units that can be approved or constructed either annually or for some other time period. (iii) Limits the population of the affected county or affected city, as applicable. (E) Notwithstanding subparagraph (D), an affected county or affected city may enforce a limit on the number of approvals or permits or a cap on the number of housing units that can be approved or constructed if the provision of law imposing the limit was approved by voters prior to January 1, 2005, and the affected county or affected city is located in a predominantly agricultural county. For the purposes of this subparagraph, “predominantly agricultural county” means a county that meets both of the following, as determined by the most recent California Farmland Conversion Report produced by the Department of Conservation: (i) Has more than 550,000 acres of agricultural land. (ii) At least one-half of the county area is agricultural land. (2) Any development policy, standard, or condition enacted on or after the effective date of this section that does not comply with this section shall be deemed void. (c) Notwithstanding subdivisions (b) and (e), an affected county or affected city may enact a development policy, standard, or condition to prohibit the commercial use of land that is designated for residential use, including, but not limited to, short-term occupancy of a residence, consistent with the authority conferred on the county or city by other law. (d) The Department of Housing and Community Development shall determine those cities and counties in this state that are affected cities and affected counties, in accordance with subdivision (a) by June 30, 2020. The department may update the list of affected cities and affected counties once on or after January 1, 2021, and once on or after January 1, 2025, to account for changes in urbanized areas or urban clusters due to new data obtained from the 2020 census. The department’s determination shall remain valid until January 1, 2030. (e) (1) Except as provided in paragraphs (3) and (4) and subdivisions (g) and (h), this section shall prevail over any conflicting provision of this title or other law regulating housing development in this state to the extent that this section more fully advances the intent specified in paragraph (2). (2) It is the intent of the Legislature that this section be broadly construed so as to maximize the development of housing within this state. Any exception to the requirements of this section, including an exception for the health and safety of occupants of a housing development project, shall be construed narrowly. (3) This section shall not be construed as prohibiting the adoption or amendment of a development policy, standard, or condition in a manner that: (A) Allows greater density. (B) Facilitates the development of housing. (C [Text truncated for display. Full text available on Congress.gov.]