11 - Laserfiche WebLink

BACKGROUND On September 28, 2021, the final text of Initiative 21-0016 (Local Land Use) Amendment 1 was submitted to the State Attorney General's Office with a request that a circulating title and summary of the proposed ballot measure be prepared by the Attorney General as provided by law. Attachment 1 provides the full text of the initiative. The California Legislative Analyst's Office then reviewed the proposed ballot measure and on October 15, 2021, provided a letter to the Attorney General with its analysis which is provided in Attachment 2. Following this, on November 1, 2021, the Attorney General issued the title and summary for proposed Initiative 21-0016 Amendment 1 which is provided as Attachment 3. At its November 2, 2021, meeting the City Council directed the Legislative Subcommittee to meet and discuss the proposed initiative and to consider a recommendation to the Council regarding a position/action. The Legislative Subcommittee (Councilmember Testa/Councilmember Narum) met on December 9, 2021; from their discussion, the subcommittee did not have a recommendation to forward to City Council. On December 21, 2021, the City Council agreed to place this item on a future agenda for discussion. DISCUSSION Provisions of Initiative 21-0016 The Attorney General has provided a summary of the initiative which includes the following key points: • 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 the state legislature and local legislative bodies from passing laws invalidating voter-approved local land-use or zoning initiatives. • Prohibits the state from changing, granting, or denying funding to local governments based on their implementation of this measure. • Fiscal effects of the measure depend on future decisions by the cities and counties and therefore are unknown. The initiative text is presented in four sections. Section 1 is the preamble and describes the need for the initiative and the intended purpose of the initiative. Sections 2 through 4 are the exact text that will amend the State Constitution. The initiative provides that city and county land use and zoning laws override all conflicting state laws with the three exceptions noted above. Land use and zoning laws include housing laws, non-housing related laws, and voter-approved local land use and zoning initiatives. Non-housing-related issues The initiative includes local land use and zoning issues that are non-housing related. Below is a list of current state laws and requirements for cities and counties. If the Page 2 of 6