HomeMy WebLinkAboutCity Council Resolution 02-069RESOLUTION NO. 02-069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SARATOGA OPPOSING AB 2292 (DUTRA), AND
REQUESTING GOVERNOR'S VETO
WHEREAS, existing Planning and Zoning Law requires a city, county, or a city and
county to adopt a general plan that consists of a statement of development policies and a diagram
or diagrams and text setting forth objectives, principles, standards, and plan proposals, including
a land use element that sets forth a statement of the standards of population density and building
intensity recommended for districts and other territory covered by the plan; and
WHEREAS, existing law act also requires that the maximum allowable residential
density be consistent with the applicable zoning ordinance and the adopted general plan; and
WHEREAS, the maximum residential density has been set by the citizens of Saratoga
by passage of Measure G; and
WHEREAS, the maximum residential density on any parcel with residential land use
designation can only be increase by vote of the citizens, and
WHEREAS, Assembly Bi112292 by Assembly Member John Dutra prohibits a city or
county from reducing the residential density for any parcel below the density that was utilized in
determining compliance with the jurisdiction's housing element by administrative, adjudicative,
or legislative action, unless the local government makes written findings supported by substantial
evidence that the reduction is consistent with the adopted general plan, including the housing
element, and other provisions of law relating to density and incentives for developers to build
lower income housing; and
WHEREAS, AB 2292 declares that these requirements shall be in addition to any
other law that may restrict or limit the reduction of residential density; and
WHEREAS, AB 2292 requires that if court finds that an action of the city, county or
city and county is in violation of the provisions of this bill, the court shall award the plaintiff
reasonable attorney fees and costs of suit, except under extraordinary circumstances; and
WHEREAS, AB 2292 removes both discretion and authority from local governrents
by "locking in" any residential zoning used to comply with housing element laws for years at a
time, exposes local governments to lawsuits if it is later changed, and shifts local land use
authority to the state while hampering local ability to respond to changing conditions in our
communities; and
WHEREAS, AB 2292 restricts the freedom of a property owner to request a local
government to down-zone or rezone their property; and
WHEREAS, AB 2292 provides an incentive for litigation by requiring local
governments, and our taxpayers, to pay the attorney fees of those who sue local governments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga opposes AB
2292 (Dutra), regarding preemption of local authority and property rights, and requests that the Governor
Veto this legislation.
The above and foregoing resolution was passed and adopted at an adjourned meeting of the
Saratoga City Council held on the 18 day of September, 2002 by the following vote:
AYES: Councilmembers Stan Bogosian, John Mehaffey, Ann Waltonsmith,
Vice Mayor Evan Baker, Mayor Nick Streit
NOES: None
ABSENT: None
ABSTAIN: None
Nick Streit, Mayor