HomeMy WebLinkAbout07 - Supporting Initiative No. 21-0016 to Amend Article XI of the California Constitution to Provide That Local Land Use and Zoning Laws Override Conflicting State LawsQ �EwPpRT
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FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
November 30, 2021
Agenda Item No. 7
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
Seimone Jurjis, Community Development Director - 949-644-3232,
sjurjis@newportbeachca.gov
PREPARED BY: Benjamin M. Zdeba, AICP, Senior Planner
bzdeba@newportbeachca.gov
PHONE: 949-644-3253
TITLE: Resolution No. 2021-120: Supporting Initiative No. 21-0016 to
Amend Article XI of the California Constitution to Provide That Local
Land Use and Zoning Laws Override Conflicting State Laws
ABSTRACT:
For the City Council's consideration is the adoption of a resolution to register the City of
Newport Beach's support for Initiative No. 21-0016, which aims to amend the California
Constitution to restore local control over zoning and land use planning matters, especially
related to the production of housing.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, California
Code of Regulations, Title 14, Division 6, Chapter 3, because this action will not result
in a physical change to the environment, directly or indirectly; and
b) Adopt Resolution No. 2021-120, A Resolution of the City Council of the City of Newport
Beach, California, Expressing Support for Initiative No. 21-0016 to Amend Article XI
of the California Constitution to Provide That Local Land Use and Zoning Laws
Override Conflicting State Laws.
DISCUSSION:
In recent years, the State of California's (State's) Legislature has put forward and signed
many bills addressing a range of land use planning and housing issues. Most of the bills
enact a "one -size -fits -all" approach and override the local land use authority of local
jurisdictions. This approach has removed the ability of individual jurisdictions to determine
the land use policies and practices best suited for their community and its residents,
considering the community's unique needs and differences.
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Staff Report Title Resolution No. 2021-120: Supporting Initiative No. 21-0016 to Amend
Article XI of the California Constitution to Provide That Local Land Use and Zoning
Laws Override Conflicting State Laws
November 30, 2021
Page 2
While the bills are aimed at producing affordable housing to help solve the State's
affordable housing crisis, most do not provide any incentives or requirements for low-
income or moderate workforce housing. Instead, they impose new policies that serve to
incentivize speculation and seemingly result in the addition of more market -rate or luxury
housing. This, in turn, eliminates a local jurisdiction's opportunity to implement efficient
policies that will create more affordable housing and affirmatively further fair housing
practices, which is counterproductive to the State's housing goals.
Initiative No. 21-0016 was filed to ensure that zoning and land use authority rests with the
local jurisdictions that represent the communities in which the residents reside. In doing
so, local jurisdictions will be better positioned to implement solutions that effectively
address the unique needs and conditions of each community whilst moving toward
combatting the affordable housing crisis. By amending Article XI of the State's
Constitution, this initiative would effectively restore local control over zoning and land use
planning matters.
Council member Brenner requested, and City Council approved, consideration of
supporting this initiative. For more information, visit www.ourneighborhoodvoices.com.
FISCAL IMPACT:
There is no fiscal impact related to this item
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has
no potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Resolution No. 2021-120
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Attachment A
Resolution No. 2021-120
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RESOLUTION NO. 2021-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, EXPRESSING
SUPPORT FOR INITIATIVE NO. 21-0016 TO AMEND
ARTICLE XI OF THE CALIFORNIA CONSTITUTION TO
PROVIDE THAT LOCAL LAND USE AND ZONING LAWS
OVERRIDE CONFLICTING STATE LAWS
WHEREAS, the Legislature of the State of California in recent years has proposed,
passed, and signed into law a number of bills addressing a range of land use planning
and housing issues;
WHEREAS, the majority of these bills usurp the authority of local jurisdictions to
determine for themselves the land use policies and practices that best suit each city and
its residents and instead impose "one -size -fits -all" mandates that do not take into account
the unique needs and differences of local jurisdictions throughout the State of California;
WHEREAS, the ability of local jurisdictions to determine for themselves which
projects require review beyond ministerial approval; what parking requirements are
appropriate for various neighborhoods; what housing plans and programs are suitable
and practical for each community; and what zoning should be allowed for residential
properties, rather than having these decisions imposed upon cities without regard for the
unique circumstances and needs of each individual community, is a matter of critical
importance to the City of Newport Beach ("City") and many other municipalities focused
on local zoning and housing issues;
WHEREAS, the City Council of the City of Newport Beach finds that local
governments are best able to assess and respond to the unique needs of their respective
communities and hereby objects to the proliferation of state legislation, including Senate
Bills (SB) 9 and 10, that deprives the City of that ability; and
WHEREAS, Initiative No. 21-0016, would amend the California Constitution to
restore local control of land use and zoning matters.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council opposes the adoption of legislation that overrides
the zoning and land use authority of local government and inhibits the ability of local
government to effectively plan for and implement policies to stimulate the efficient
production of affordable housing.
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Resolution No. 2021 -
Page 2 of 3
Section 2: The City Council supports Initiative No. 21-0016, attached hereto as
Exhibit A and incorporated herein, to ensure that zoning and land use authority rests with
the local governmental entities that represent the communities in which their residents
reside, and to allow local government to participate in solving affordable housing issues
through solutions that effectively address the unique needs and conditions of each local
community.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
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Resolution No. 2021 -
Page 3 of 3
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 30th day of November, 2021.
Brad Avery
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
'0"' C.
Aaron C. Harp
City Attorney
Attachment: Exhibit A — Initiative 21-0016
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November 1, 2021
Initiative 21-0016 (Arndt. 1)
The Attorney General of California has prepared the following title and summary of the chief
purpose and points of the proposed measure:
PROVIDES THAT LOCAL LAND -USE AND ZONING LAWS OVERRIDE
CONFLICTING STATE LAWS. INITIATIVE CONSTITUTIONAL AMENDMENT.
Provides that city and county land -use and zoning laws (including local housing laws) override
all conflicting state laws, except in certain circumstances related to three areas of statewide
concern: (1) the California Coastal Act of 1976; (2) siting of power plants; or (3) development of
water, communication, or transportation infrastructure projects. Prevents state legislature and
local legislative bodies from passing laws invalidating voter -approved local land -use or zoning
initiatives. Prohibits state from changing, granting, or denying funding to local governments
based on their implementation of this measure. Summary of estimate by Legislative Analyst and
Director of Finance of fiscal impact on state and local governments: Fiscal effects of the
measure depend on future decisions by the cities and counties and therefore are unknown.
(21-0016AL)
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2 1 o o 1 E Arndt. # Z
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 varics 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: l0eal 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 Iow 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 harmful environmental 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 § 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 matters 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 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. 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 provision, 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 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-usc.
(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 boundarics 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 jurisdiction. 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 I•cgUILM011 conflicts with a state; srLtute with regard to onl% the
following:
(1) The California Coastal Act of 1976 ( Division 30 (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 detcn-nined
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 amended to read:
SEC. 7. La) 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 any
voter amroved local initiative pertaining to land use or zoning restrictions.
(b) A county or city general plan, specific plan, ordinance or reg_utatiori hat 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:
(A)_ A_ coastal land use plan, ordinance or regulation that conflicts with the
California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of
the Public Resources Code), or a successor statute.
An ordinance or regulation that addresses the siting ol'a lie w-er 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.
(C) An ordinance or regulation that addresses the development or construction
of a water, communication or transportation infrastructure-)rale'ct for which the
Legislature has declared in statute the reasons why the protect addresses a matter
of statewide concert and is in the best interests Ofthe state. FOr JIUMOSes Of this
subparagraph, a transportation infrastructure project does not include a transit -
oriented development nro'e� ct, whether residential, commercial. or mixed-use.
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(c) No modification to appropriations for state funded programs shall occur, and_no state brant
applications or funding ha be denied as a result of the application of this section. No benefit or
preference in state appropriations or_rants shall begivcn to an entity that Opts Dot 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 proviions or applications that can
be given effect without the invalid provision or application.
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