Planning and zoning: thrift retail stores.

(1) Existing law, the Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning. Existing law authorizes the legislative body, if it deems it to be in the public interest, to amend all or part of an adopted general plan, as provided. Existing law also authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. This bill would prohibit a local agency, as defined, from treating a thrift retail store, as defined, differently from a nonthrift retail store engaged in the sale of new items that are similar to items sold by a thrift retail store for purposes of zoning, development standards, or permitting, except as specified. The bill would allow a local agency to require that thrift retail stores meet certain aesthetic or design standards, as prescribed. The bill would prohibit a local agency from prohibiting a thrift retail store from receiving used and donated items for sale in the store or other thrift retail stores, or reuse or recycling, or both reuse and recycling, through other means. By imposing additional duties on local officials, the bill would impose a state-mandated local program. The bill would specify that nothing in its provisions shall be construed to, among other things, prohibit the adoption or enforcement of reasonable local rules or ordinances on retail establishments engaged in the sale of new items that are similar to items sold by a thrift retail store. (2) 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. (3) 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.