HomeMy WebLinkAbout2022-02-08 - AGENDA REPORTS - BALLOT INITIATIVE POSITION ON LOCAL LAND USE AND ZAgenda Item: 12
1. CITY OF SANTA CLARITA
AGENDA REPORT
NEW BUSINESS
CITY MANAGER APPROVAL: �1 A11�44_1)
DATE: February 8, 2022
SUBJECT: BALLOT INITIATIVE: PROVIDES THAT LOCAL LAND -USE AND
ZONING LAWS OVERRIDE CONFLICTING STATE LAWS
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council discuss and consider adopting a position on the proposed ballot initiative.
BACKGROUND
The proposed initiative, titled "Provides That Local Land -Use and Zoning Laws Override
Conflicting State Laws," amends the state constitution to authorize city and county land -use and
zoning laws to supersede all conflicting state laws, except in certain circumstances related to the
following three areas: (1) the California Coastal Act of 1976, (2) siting of power plants, or (3)
development of water, communication, or transportation infrastructure projects.
The Attorney General issued the official title and summary for the proposed initiative on
November 1, 2021. Proponents of the initiative, which include Redondo Beach Mayor Bill
Brand, Yorba Linda Councilmember Peggy Huang, and Brentwood Councilmember Jovita
Mendoza, have until May 1, 2022, to collect approximately 997,139 signatures to qualify for the
November 8, 2022, General Election ballot.
There have been several pieces of legislation recently passed by the state legislature and signed
by the Governor weakening local land use authority and zoning. In an effort to preserve local
discretion in the planning, zoning, and review of residential developments, the Santa Clarita City
Council opposed many bills proposing to preempt local land use authority, including Senate Bill
35 (Chapter 368, Statutes of 2017), which preempts a local government's ability to issue a
conditional use permit on specific multifamily residential developments; Assembly Bill 68
(Chapter 655, Statutes of 2019), which prohibits local governments from requiring parking,
minimum lot size, and minimum floor area ratio on accessory dwelling unit conversions; and
Senate Bill 9 (Chapter 162, Statutes of 2021), which requires local governments to ministerially
approve urban lot splits and two -unit residential developments for parcels zoned for single -
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family uses.
The League of California Cities Board of Directors voted unanimously, with one abstention, on
December 2, 2021, to take no position on the initiative, citing concerns that the initiative is too
broad and is likely to result in litigation, if approved by voters. However, the Southern California
Association of Governments (SCAG) Regional Council voted to support the initiative (32-12-3)
on January 6, 2022. Councilwoman McLean, as a member of the SCAG Regional Council, voted
to support the initiative.
Supporting the proposed ballot initiative is consistent with the City of Santa Clarita 2022
Executive and Legislative Platform. Specifically, Component 1 under the "State" section advises
that the City Council, "Oppose legislation that would interfere with, limit, or eliminate the
decision -making authority of municipalities in the area of local land use."
The City Council Legislative Committee met on January 24, 2022, and recommends that the City
Council adopt a "support" position on the proposed ballot initiative.
ALTERNATIVE ACTION
Other direction, as provided by the City Council.
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2021-22 budget.
ATTACHMENTS
Ballot Initiative Text - Local Land -Use Authority
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To: The Office of the Attorney General
ATTN: Initiative Coordinator
13001 Street,171 Floor
Sacramento, CA 95814
(916) 445-47521 www.oag.ca.gov
Re: Initiative 21-0016 (Local Land Use) - Amendment
Dear Initiative Coordinator:
AMdt, # J
RECEIVED
OCT 1 2021
INITIATIVE COORDINATOR
ATTORNEY GENERAL'S OFFICE
Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find amendments to
Initiative No. 21-0016. The amendments are reasonably germane to the theme, purpose or subject of
the initiative measure as originally proposed. I am a proponent of the measure and request that the
Attorney General prepare a circulating title and summary of the measure as provided by law, using the
amended language. Thank you for your time and attention processing my request.
Please direct all inquiries and correspondence regarding this proposed initiative to:
John Heath
(323)248-1699
Jheath@uhawhvp.org
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Bill Brand
Date:
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To: The Office of the Attorney General
ATTN: Initiative Coordinator
1300 1 Street, 17th Floor
Sacramento, CA 95814
(916) 445-47521 www.oag.ca.gov
Re: Initiative 21-0O16 (Local Land Use) - Amendment
Dear Initiative Coordinator:
Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find amendments to
Initiative No. 21-0016. The amendments are reasonably germane to the theme, purpose or subject of
the initiative measure as originally proposed. I am a proponent of the measure and request that the
Attorney General prepare a circulating title and summary of the measure as provided by law, using the
amended language. Thank you for your time and attention processing my request.
Please direct all inquiries and correspondence regarding this proposed initiative to:
John Heath
(323)248-1699
Jheat hawhvp.org
W ,
John th
Date: Sao p�-. Z q, Z 0 2 1
60031594.v1
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To: The Office of the Attorney General
ATfN: Initiative Coordinator
1300 1 Street, 17`"' Floor
Sacramento, CA 95814
(916) 445-4752 i www.oag.ca.eov
Re: Initiative 21-0016 (Local Land Use) - Amendment
Dear Initiative Coordinator:
Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find amendments to
Initiative No. 21-0016. The amendments are reasonably germane to the theme, purpose or subject of
the initiative measure as originally proposed. I am a proponent of the measure and request thatthe
Attorney General prepare a circulating title and summary of the measure as provided by law, using the
amended language. Thank you for your time and attention processing my request.
Please direct all inquiries and correspondence regarding this proposed initiative to:
John Heath
(323) 248-1699
Jheathlpuhawhvp.org
Peggy Hua f
Date: r � 1
60031599.0
Packet Pg. 130
12.a
To: The Office of the Attorney General
ATTN: Initiative Coordinator
13001 Street, 17'h Floor
Sacramento, CA 95814
(916) 445-47521 www.oae.ca.eov
Re: Initiative 21-0016 (Local Land Use) - Amendment
Dear Initiative Coordinator:
Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find amendments to
Initiative No. 21-0016. The amendments are reasonably germane to the theme, purpose or subject of
the initiative measure as originally proposed. I am a proponent of the measure and request that the
Attorney General prepare a circulating title and summary of the measure as provided by law, using the
amended language. Thank you for your time and attention processing my request.
Please direct all inquiries and correspondence regarding this proposed initiative to:
(313) Ave-wo
Date: 9b,q �
60031607.v1
Packet Pg. 131
12.a
To: The Office of the Attorney General
ATTN: Initiative Coordinator
13001 Street,1rh Floor
Sacramento, CA 95814
(916) 445-47521 .-
Re: Initiative 21-0016 (Local Land Use) - Amendment
Dear Initiative Coordinator,
Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find amendments to
Initiative No. 21-0016. The amendments are reasonably germane to the theme, purpose or subject of
the initiative measure as originally proposed. I am a proponent of the measure and request that the
Attorney General prepare a circulating title and summary of the measure as provided by law, using the
amended language. Thank you for your time and attention processing my request.
Please direct all inquiries and correspondence regarding this proposed initiative to:
John Meath
(323) 248-1699
Jheath@uhawhvp.org
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Den s Richards
Date: s 15p-re M 15 EPK- 270 2 C z- l
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2 1- 0 0 1 5 Arndt. # I
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) -I Iic 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 communities 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 communities.
Local initiatives approved by voters pertaining to land use and zoning restrictions should not be
nullified or superseded by the actions of any local or state legislative body.
(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"), creating the
potential for hannful enviromnental impacts to occur.
(i) The purpose of this measure is to ensure that all decisions regarding local land use controls,
including zoning law and regulations, are made by the affected communities in accordance with
applicable law, including but not limited to CEQA (Public Resources Code 3 21000 et seq.), the
California Fair Employment and Housing Act (Government Code §§ 12900 .. 12996),
prohibitions against discrimination (Government Code § 65008), and affirmatively furthering
fair housing (Government Code ti 8899.50). 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 of water, communication or
transportation infrastructure projects which the Legislature declares are smatters of statewide
concern and are in the best interests of the state. For purposes of this measure, it is the intent that
a transportation infrastructure project shall not include a transit -oriented development project
that is residential, commercial, or mixed -use.
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SECTION 2. Section 4.5 is added to Article XI of the California Constitution, to read:
SEC. 4.5. (a) Except as provided in subdivision (b), in the event of 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
bounLlm ies 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. No voter approved local
initiative that regulates the zoning, development or use of land within the boundaries of any
county shall be overturned or otherwise nullified by any legislative body.
(b) A county charter provisions, general plan, specific plan, ordinance or a regulation adopted
and applicable to an unincorporated area within a county, may be determined only by a court of
competent jurisdiction, in accordance with Section 4, to address either a matter of statewide
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 ol'generating more than 50
megawatts of electricity and the California Public Utilities Commission has detenmined
that a need exists at that location that is a matter 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 paragraph, a transportation infrastructure project does not
include a transit -oriented development project, whether residential, commercial, or
mixed -use.
(c) No modification to appropriations for state funded programs shall occur. and no state
grant applications or funding shall be denied as a result of the application of this section. No
benefit or preference in state appropriations or grants shall be given to an entity that opts not
to utilize the provisions of this section.
(d) 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. No voter approved local
initiative that regulates the zoning, development or use of land within the boundaries of any
city shall be overturned or otherwise nullified by any legislative body.
(b) A city charter provision, general plan, specific plan, ordinance or a regulation adopted
pursuant to a city charter, may be determined only by a court of competent jurisdicti.n. in
accordance with Section 5, to address either a matter of statewide concern or a municipal affair
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if that provision, ordinance_ or regulation conflicts with a state �,t.itutc with regard to onl% 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, 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 paragraph, a transportation infrastructure project does not
include a transit -oriented development project, whether residential, commercial, or
mixed -use.
(c) No modification to appropriations for state funded programs shall occur, and no state
grant applications or funding shall be denied as a result of the application of this section. No
benefit or preference in state appropriations or grants shall be given to an entity that opts not
to utilize the provisions of this section.
(d) 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 arrrended 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 net that are not, except as provided in subdivision (b), in
conflict with general laws. A county or city may not supersede or otherwise interfere with an
voter approved local initiative pertaining to land use or zoning restrictions.
(b) 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 Iaws except for only the following:
(A) A coastal land use plan, ordinance or regulation that conflicts with the
California Coastal Act of 1976 (Division 20 (commcncin, with Section 30000) of
the Public Resources Code). or a successor statute.
fW An ordinance or regulation that addresses the siting of 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 rnatter of statewide concern.
(C) An ordinance or regulation that addresses the development or construction
of a water, communication or transportation infrastructure proiect 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
subparagraph, a transportation infrastructure project does not include a transit -
oriented development project, whether residential, commercial. or mixed -use.
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(c) No modification to appropriations for state funded prmllran-is shall occur_ and iio state grant
applications or funding shall be denied as a result of the application of this section. No benefit or
preference in state appropriations or grants shall be given to an entity that opts not to utilize the
provisions of this section.
(d) The provisions of this subdivision are severable, if any provision of this subdivision or its
application is held invalid, that invalidity shall not affect other provisions or applications that can r
be given effect without the invalid provision or application. 0
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