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06
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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010422
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12/29/2021 11:10:09 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
1/4/2022
DESTRUCT DATE
15Y
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SECTION 2. Section 4.5 is added to Article XI of the California Constitution, to read: <br /> SEC. 4.5. (a) Except as provided in subdivision (b). in the event of a conflict with a state statute, <br /> a county charter provision, general plan_ specific plan,ordinance or a regulation adopted <br /> pursuant to a county charter, that regulates the zoning, development or use of land within the <br /> boundaries of an unincorporated area of the county shall be deemed a county affair within the <br /> meaning of Section 4 and shall prevail over a conflicting state statute. No voter approved local <br /> initiative that regulates the zoning, development or use of land within the boundaries of any <br /> county shall be overturned or otherwise nullified by any legislative body. <br /> (b) A county charter provision, general plan, specific plan,ordinance or a regulation adopted <br /> and applicable to an unincorporated area within a county, may be determined only by a court of <br /> competent jurisdiction, in accordance with Section 4, to address either a matter of statewide <br /> concern or a county affair if that provision,ordinance, or regulation conflicts with a state <br /> statute with regard to only the following: <br /> (I) The California Coastal Act of 1976 (Division 20(commencing with Section <br /> 30000)of the Public Resources Code), or a successor statute. <br /> (2) The siting of a power generating facility capable of generating more than 50 <br /> megawatts of electricity and the California Public Utilities Commission has determined <br /> that a need exists at that location that is a matter of statewide concern. <br /> (3) The development or construction of a water,communication or transportation <br /> infrastructure project for which the Legislature has declared in statute the reasons why <br /> the project addresses a matter of statewide concern and is in the best interests of the <br /> state. For purposes of this paragraph, a transportation infrastructure project does not <br /> include a transit-oriented development project, whether residential, commercial, or <br /> mixed-use. <br /> (c) No modification to appropriations for state funded prop-ams shall occur,and no state <br /> grant applications or funding shall be denied as a result of the application of this section. No <br /> benefit or preference in state appropriations or grants shall be given to an entity that opts not <br /> to utilize the provisions of this section. <br /> (d) The provisions of this section are severable. If any provision of this section or its <br /> application is held invalid, that invalidity shall not affect other provisions or applications that <br /> can be given effect without the invalid provision or application. <br /> SECTION 3. Section 5.5 is added to Article XI of the California Constitution,to read: <br /> SEC. 5.5. (a) Except as provided in subdivision(b), in the event of a conflict with a state <br /> statute, a city charter provision, general plan, specific plan,ordinance or a regulation adopted <br /> pursuant to a city charter,that establishes land use policies or regulates zoning or development <br /> standards within the boundaries of the city shall be deemed a municipal affair within the <br /> meaning of Section 5 and shall prevail over a conflicting state statute. No voter approved local <br /> initiative that regulates the zoning, development or use of land within the boundaries of any <br /> city shall be overturned or otherwise nullified by any legislative body. <br /> (b) A city charter provision, general plan, specific plan, ordinance or a regulation adopted <br /> pursuant to a city charter, may be determined only by a court of competent jurisdiction. in <br /> accordance with Section 5, to address either a matter of statewide concern or a municipal affair <br /> 55'77666. 2 <br />
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