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10 ATTACHMENTS
City of Pleasanton
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CITY CLERK
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2010
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042010
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10 ATTACHMENTS
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4/15/2010 12:22:06 PM
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4/15/2010 12:22:03 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
4/20/2010
DESTRUCT DATE
15 Y
DOCUMENT NO
10 ATTACHMENTS
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ABAG to the city of Pleasanton in 2007 relating to the 2007 -2014 planning period <br /> is an additional 3277 housing units. <br /> THE HOUSING CAP <br /> There is a difference of opinion regarding the number of housing units built <br /> since the imposition of the housing cap, but the difference is not material. The <br /> parties do not disagree that the number of units allowable under the Measure GG <br /> housing cap is less than the City's RHNA obligation. <br /> It is self evident that the City cannot comply with the State statue requiring <br /> the City to accommodate its RHNA when the city is not permitted by its local law, <br /> Measure GG, to allow the number of housing units to be built that would satisfy <br /> the RHNA. <br /> The question of which law prevails is elementary. State law preempts <br /> whenever local laws contradict state law. (See Cal. Const. article XI, 7.) <br /> The Supreme Court has stated it succinctly <br /> "The general principles governing state statutory preemption of local <br /> land use regulation are well settled." "The Legislature has specified <br /> certain minimum standards for local zoning regulations (Govt. Code <br /> §65850 et Seq.)" even though it also "has carefully expressed its <br /> intent to retain the maximum degree of local control (see, e.g., id., <br /> 65800, 65802)." (17' Corp. v. Solano County Bd. of Supervisors <br /> (1991) 1 Cal.4 81, 89.) "A county or city may make and enforce <br /> within its limits all local police, sanitary, and other ordinances and <br /> regulations not in conflict with general laws." (Cal. Const., art. XI, <br /> 7, italics added.) "Local legislation in conflict with general law is <br /> void. Conflicts exist if the ordinance duplicates [citations], <br /> contradicts [citation], or enters in an area fully occupied by general <br /> taw, either expressly or by legislative implication [citations]. (People <br /> ex rel Deukmejian v. County of Mendocino (1986) 36 Ca1.3d 476, <br /> 6 <br />
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