TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Carrie Tai, AICP, Community Development Director
George Gabriel, Assistant to the City Manager
SUBJECT:Title
Consideration of a Resolution Expressing Support for the “Brand-Huang-Mendoza Tripartisan Land Use Initiative” to Amend Article XI of the Constitution of the State of California to Ensure that All Decisions Regarding Local Land Use Controls, Including Zoning Law and Regulations, are Made by the Affected Communities (City Manager Moe).
ADOPT RESOLUTION NO. 21-0117
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 21-0117 expressing support for the “Brand-Huang-Mendoza Tripartisan Land Use Initiative” to Amend Article XI of the Constitution of the State of California to ensure that all decisions regarding local land use controls, including zoning law and regulations, are made by the affected communities. Body
FISCAL IMPLICATIONS:
There are no fiscal implications associated with the recommended action.
BACKGROUND:
State law requires each local government to have a General Plan, which includes required Land Use and Housing Elements (chapters) to guide policies for land use and housing for a particular jurisdiction. Several housing bills passed by the California Legislature and signed by the Governor of California over the past few years preempt local regulations for land use and housing.
At the June 1, 2021, meeting, City Council adopted Resolution No. 21-0046 to express support for local control and authority as it relates to land use, zoning, and housing issues. That resolution resolves that, “The City of Manhattan Beach will support efforts to protect the ability of cities to retain local control over land use and housing as each individual city within the State of California is best suited to determine how land use and housing policies should be implemented in its City.”
On September 16, 2021, Governor Newsom signed Senate Bills (SB) 9 and 10, which relate to housing. Most notably, Senate Bill 9 preempts local policies and zoning related to how the City plans and approves housing units in single-family neighborhoods. For example, SB 9 requires the City to permit lot splits and a second primary dwelling unit on each single-family lot, without accounting for public safety, required infrastructure, or neighborhood development patterns.
New housing laws like SB 9 are contrary to the City and State’s adopted procedures for requiring City Council approval of General Plan or zoning changes. This one-size fits all approach to local land use policy and regulation may have significant adverse impacts on a city’s ability to provide for services. SB 9 may also have significant implications regarding traffic, parking, and other infrastructure that serves to ensure quality of life for current and future residents in any community.
In March 2021, Assembly Member Muratsuchi introduced Assembly Constitutional Amendment 7 (ACA 7) to provide that an ordinance or regulation adopted pursuant to a city charter that regulates the zoning or land use prevails over conflicting state statute. Subsequent to its introduction, the bill did not progress to a committee for discussion and therefore, has not progressed through the legislative process.
DISCUSSION:
On November 1, 2021, a statewide coalition of local leaders and community activists filed the “Brand-Huang-Mendoza Tripartisan Land Use Initiative” (Initiative) with the California State Attorney General’s Office and received title and summary (see attachment). Prepared as a ballot initiative for the November 8, 2022 election, the Initiative is a constitutional amendment that would ensure that all decisions regarding local land use controls, including zoning law and regulations, are made by the affected communities, as opposed to the State. The proponents of the Initiative now have 180 days to collect approximately 1.3 million signatures across the State in order for the Initiative to be placed on the ballot.
Since the Initiative would advance efforts to protect the ability of a jurisdiction to retain local control over land use and housing, the Initiative is consistent with Resolution No. 21-0046. Therefore, staff has prepared a resolution for City Council consideration to express support for the “Brand-Huang-Mendoza Tripartisan Land Use Initiative.” If passed, the Initiative would ensure that local regulations, such as the City’s general plan, specific plan, ordinance or regulations prevail over State-level housing regulations such as SB 9, effectively ensuring local control on future State-level land-use changes.
CONCLUSION:
Staff recommends that the City Council adopt Resolution No. 21-0117 expressing support for the “Brand-Huang-Mendoza Tripartisan Land Use Initiative.”
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. Resolution No. 21-0117
2. Resolution No. 21-0046 (Adopted at 6/1/21 Meeting)
3. Ballot Title and Summary
4. Legislative Analyst’s Office Summary