HomeMy WebLinkAbout2021-120 - 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.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.
Resolution No. 2021-120
Page 2of3
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.
Resolution No. 2021-120
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.
ATTEST:
-/1 /1, L, 'NEn'
Leilani`I. Brown / ''
City Clerk '
APPROVED AS TO FORM: o�
N
CITY ATTORNEY'S OFFICE �7R
) ,,, C. - ff ,,
Aaroh C. Harp
City Attorney
Attachment: Exhibit A — Initiative 21-0016
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.
(21-0016A1.)
1 0 0 1 6 Arndt # 1
SECTION I.'Tile people ofthe State ofC'alifornia find and declare all ofthe 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 ICvels 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 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 CF..QA (Public Resources Code § 21000 et seq.), the
Califomia Fair Employment and Housing Act (Government Code §§ 12900 -- 12996),
prohibitions against discrimination (Government Code § 65008), and affirmatively furthering
fair housing (Government Code ` 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 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 jurisdiwion. in
accordance with Section 5, to address either a matter of statewide concern or a municipal afTair
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if that provision, ordinance. or restula11011 conflicts with a state statute with regard to only the
following:
(I) The California Coastal Act of 1976 Wl) ision 20 (cotnmcncin4u with Section
30000) ofthe 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 finding 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 X1 of the California Constitution is amended to read:
SEC. 7. tat A county or city may snake and enforce within its limits all local, police, sanitary,
and other ordinances and regulations ff(34 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 i!ygeneral lfan,specif elan, 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_
(A) A coastal land use plan ordinance or regulation .that conflicts with the
California_ Coastal Act of 1976 2U eommcnn
cinip with Sectio_ 300001of
the Public Resources Code), or a successor statute.
(B) An Ordinance or reuulilt iun that addresses the siting ol'<< In( wCrgencratinu
facility capable of generating, more than 50 me gad ti-atts of electricity and the
California Public_ Utilities Comimission 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
01'a Water, ewnmunication or transpuitation infrastructure project for which the
Legislature has_declawd in statute the rcasoils why the prt�cct addresses a matter.
_ _ --
t' statewide concern and is in the best interests o f the state. F01'11MIN,ses ul'this
subparagraph, a transportation infrastructure project does not include a translt-
otiented development pro'el ct, `vlaether residential, commncrcial, or mixed-use.
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M No modification to appropriations for state: funded prop,rams shall occur, .and no state grant
applications or funding shall be denied as a result of the application _of this section. Nc�_ hen�fit or
preference in state annronriations orypilts shall be given to an entity that opts not to utilize the
pre»visions of this section.
(d) Theprovisions of this subdivision are severable. If anyprovision of this subdivision or its
application is held invalid. that invalidity shall not affect other provisions orapplications that can
be given effect without the invalid provision or application.
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STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF NEWPORT BEACH
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2021-120 was duly introduced before and adopted by the City Council of said City at a regular
meeting of said Council held on the 301h day of November, 2021, and the same was so passed and
adopted by the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield, Council Member Will O'Neill
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 15t day of December, 2021.
f
Leilani I. Brown
City Clerk
Newport Beach, California