HomeMy WebLinkAboutCity Council Resolution 21-075 Supporting Proposed Californians for Community Planning InitiativeRESOLUTION NO.21-075
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
IN SUPPORT OF PROPOSED STATEWIDE INITIATIVE REGARDING LOCAL LAND USE
(CALIFORNIANS FOR COMMUNITY PLANNING INITIATIVE)
WHEREAS, in recent years, California has experienced a growing need for affordable housing
and the State has enacted many laws that seek to address that need by stripping cities and counties of
their control of local land use decisions to increase the supply of market rate housing; and
WHEREAS, many of these State laws are based on the misconception that local planning and
zoning regulations are a significant barrier to affordable housing development and eliminating local
control will spur developers and property owners to build additional affordable housing; and
WHEREAS, the oversimplification of the affordable housing crisis has led to the adoption of
Senate Bill 35, Senate Bill 9, and other similar laws that penalize communities that lack significant
housing development markets; and
WHEREAS, Attachment A to this resolution is a proposed statewide initiative referred to by its
proponents as the Californians for Community Planning Initiative that has been submitted to the State
of California Office of the Attorney General with the goal of being placed on the November 2022 ballot;
and
WHEREAS, if the initiative qualifies and is approved by voters, it would amend the California
Constitution to provide that local planning and zoning laws prevail over any conflicting State laws with
the goal to exempt local governments from laws such as the recently approved Senate Bill 9; and
WHEREAS, the Californians for Community Planning Initiative seeks to eliminate centralized
land -use directives issued by the State and allow communities to manage their own land -use to ensure
future growth is done in a responsible manner in line with the community's vision for the future.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Saratoga does hereby
support the proposed statewide initiative regarding local land use referred to as the Californians for
Community Planning Initiative and reaffirms its prior requests that the California State Legislature and
the Governor of California seek a collaborative approach to the housing crisis that allows local
communities to be part of the solution to the affordable housing crisis.
Resolution 2021-075
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PASSED AND ADOPTED by the City of Saratoga City Council on this 201" day of October 2021
by the following vote:
AYES: COUNCIL MEMBERS BERNALD, FITZSIMMONS, KUMAR, VICE MAYOR
WALIA, MAYOR ZHAO
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Yan Zhao, Mayor
ATTEST:
DATE: l b —0 0"�
Britt Avrit, MMC, City Clerk
Resolution 2021-075
Page 3
To: The office of the Attorney General
ATTN: Initiative Coordinator
1.300 1 Street, 1.71" Floor
Sacramento, CA 95814
(916) 445-4752 1 www.oag.ca.gov_
RE: Request for Circulating Title and Summary
To Whom it May Concern:
2 1 - 0 0 1 6
RECEIVED
AUG 2 6 2021
INITIATIVE COORDINATOR
ATTORNEY GENERAL'S OFFICE
Pursuant to Article II, Section 10(d) of the California Constitution, this letter respectfully requests that
the Attorney General prepare a circulating title and summary of the enclosed proposed statewide -
initiative. Also enclosed are the required signed statements pursuant to California Elections Code
sections 9001 and 9608, a check in the amount of $2,000, and the proponents' addresses as registered
voters attached as Attachment A,
Please direct all inquiries and correspondence regarding this proposed initiative to:
John Heath
(323)248-1699
Jheatii@uhawhvp.org
Submitted by proponents:
Bill Brand
John Heath
Peggy Huang
Jovita Mendoza
Dennis Richards
Enclosures: Initiative language; Certifications, check for $2,000, proponents' addresses
9176011.0
Resolution 2021-075
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SECTION 1. The people of the state of California find and declare all of the following:
(a) The circumstances and environmental impacts of local land use decisions vary
greatly across the state from locality to locality,
(b) The infrastructure required to maintain appropriate levels of public services,
including police and fire services, parklands and public open spaces, transportation, water
supply, schools, and sewers varies greatly across the state from locality to locality.
(c) Land use decisions made by local officials must balance development with public
facilities and services while addressing the economic, environmental, and social needs of the
particular communities served by those local officials.
(d) Thus, it is in the best interests of the state and local communities for these complex
decisions to be made at the local level to ensure that the specific, unique characteristics,
constraints, and needs of those communities are properly analyzed and addressed,
(e) Gentrification of housing adjacent to public transportation will reduce or
eliminate the availability of low or very low income housing near public transit, resulting in
the loss of access by low or very low income persons to public transit, declines in public
transit ridership, and increases in vehicle miles travelled.
(f) The State Legislature cannot properly assess the impacts upon each community of
sweeping centralized and rigid state land use rules and zoning regulations that apply across the
state without regard to community impacts and, as a result, statewide land use and zoning will do
great harm to local corrimunities with differing circumstances and concerns,
(g) Community Development should not be controlled by State planners, but by local
governments that know and can address the needs of, and the impacts upon, local cornnnuzities,
(h) Numerous state laws that target communities for elimination of zoning standards have
been enacted, and continue to be proposed, that eliminate or erode local control over local
development, and circumvent the California Environmental Quality Act ("CEQA").
(i) The purpose of this measure is to ensure that all decisions regarding local land use
controls, including zoning regulations, are made by the affected communities in accordance with
applicable law. This constitutional amendment would continue to provide for State control in the
coastal zone, the siting of a power plant that can generate more than 50 megawatts of electricity,
or the development or construction ofwater, communication or transportation infrastructure
projects for which the Legislature declares are n-latters of statewide concern and are in the best
interests of the state, For purposes of this measure, it is the interit that a transportation
infrastructure project not include a transit -oriented development project that is residential,
commercial, or mixed -use.
SECTION 2, Section 4(i) is added to Article XI of the California Constitution, to read:
SEC. 4(i). (a) Except as provided in subdivision (b), in the event of a conflict with a state statute,
a county charter provision, general plan, specific plan, ordinance or a regulation adopted
pursuant to a county charter, that regulates the zoning, development or use of land within the
boundaries of an unincorporated area of'the county shall be deemed a county affair within the
meaning of Section 4 and shall prevail over a conflicting state statute,
(b) A county charter provision, general plan, specific plan, ordinance or a regulation
adopted pursuant to an unincorporated area within a county, may be determined by a court of
competent jurisdiction, in accordance with Section 4, to address either a matter of statewide
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concern or a county affair if that provision, ordinance, or regulation conflicts with a state
statute with regard to only the following;
(1) The California Coastal Act of 1976 (Division 20 (commencing with Section
30000) of the Public Resources Code), or a successor statute.
(2) The siting of a power generating facility capable of generating more than 50
megawatts of electricity and the California Public Utilities Commission has determined
that a need exists at that location that is a inatter of statewide concern.
(3) The development or construction of a water, communication or transportation
infrastructure project for which the Legislature has declared in statute the reasons why
the project addresses a matter of statewide concern and is in the best interests of the
state. For purposes of this paralrisph, a transportation infrastructure project does not
include a transit -oriented development project, whether residential, comrrrercial, or
mixed -use,
(c) The provisions of this section are severable, If any provision of this section or its
application is held invalid, that invalidity shall not affect other provisions or applications that
can be given effect without the invalid provision or application.'
SECTION 3, Section 5.5 is added to Article XI of the California Constitution, to read:
SEC. 5.5. (a) Except as provided in subdivision (b), in the event of a conflict with a state
statute, a city charter provision, general plan, specific plan, ordinance or a regulation adopted
pursuant to a city charter, that establishes land use policies or regulates zoning or development
standards within the boundaries of the city shall be deemed a municipal affair within the
meaning of'Section 5 and shall prevail over a conflicting state statute.
(b) A city charter provision, general plan, specific plan, ordinance or a regulation adopted
pursuant to a city charter, may be. determined by a court of competent jurisdiction, in accordance
with Section 5, to address either a matter of statewide concern or a municipal affair if that
provision, ordinance, or regulation conflicts with a state statute with regard to only the following:
(1) The California Coastal Act of 1976 (Division 20'(commencing with Section
30000) of the Public Resources Code), or a successor statute,
(2) The siting of a power generating facility capable of generating more than 50
megawatts of electricity and the California Public Utilities Commission has determined
that a need exists at that location that is a matter of statewide concern,
(3) The development or construction of a water, con"lmunication or transportation
infrastructure project for which the Legislature has declared in statute the reasons why
the project addresses a matter of statewide concern and is in the best interests of the
state. For purposes of this paragraph, a transportation infrastructure project does not
include a transit oriented development project, whether residential, commercial, or
mixed -use.
(c) The provisions of this section are severable. If any provision of this section or its
application is held invalid, that invalidity shall not affect other provisions or applications that
can be given effect without the invalid provision or application.
SECTION 4. Section 7 of Article XI of the California Constitution is amended to read:
SEC, 7, a A county or city may make and enforce within its limits all local, police, sanitary,
and other ordinances and regulations rat that are not, except as provided in subdivision_(bl in
conflict with general laws,
M (1) A county or city general plan Specific plan ordinance or regulation that regulates
the zoning, development or use of land within the boundaries of the county or city shall prevail
over conflicting general laws, except for only the following
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(A) A coastal land use plan ordinance or regulation that conflicts with the
Califomia Coastal Act of 1976 (Division 20 (coninlencingwitli Section 30000) of
the Public Resources Code), or, a successor statute,
(B) An ordinance or regulation that addresses the siting of power generatirtg
facility capable of generating more, than 50 megawatts ofelectriciiX and the
California Public Utilities Commission has determined that a need exists at that
location that is a natter of statewide concern,
(C) An ordinance or regulation that addresses the development or
constriction of a water or transportation infrastructure L•oiect for wlaieh the
Lemislature has declared in statute the reasons why the project addresses a platter
of statewide concern and is in the best interests of the state For purposes of this
subparagraph, a transportation infrastructure, proiect does not include a transit -
oriented development project, whether residential commercial or mixed -use,
(2) The provisions of thig subdivision are severable 1f any provision of this
subdivision or its applica&12 is held invalid, that invalidity shall not affect other provisions or
applications that can be given effect without the invalid provision or application
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