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• To follow the Subdivision Map Act which regulates the process for dividing <br /> property into lots and the design of, and improvements required by, the <br /> subdivision. "Design" means street alignments, drainage, fire roads, lot size, <br /> traffic access, grading, and parks. "Improvements" means streets, highways, and <br /> utility improvements off-site; and <br /> • To follow Supportive Housing Streamlined Approval which requires that <br /> supportive housing be permitted by right in zones where multifamily and mixed- <br /> use development is permitted, and based on the amount of supportive housing <br /> within a project may remove the requirement for CEQA analysis and Conditional <br /> Use Authorization; and <br /> • To follow the Surplus Lands Act which requires that a city, county, transit <br /> agencies, or other local agency when selling or leasing their land must prioritize it <br /> for affordable housing development. <br /> Voter Initiatives <br /> The proposed initiative would prevent the state legislature and local legislative bodies <br /> from passing laws invalidating voter-approved local land-use or zoning initiatives. If the <br /> proposed initiative were to pass a county or city may not supersede or otherwise <br /> interfere with any voter approved local initiative pertaining to land use or zoning <br /> restrictions; for example: <br /> • An ordinance adopted by a city council prevails over the State law, except for the <br /> 3 areas of statewide concern outlined by the initiative. <br /> • An ordinance adopted through voter initiative prevails over city council <br /> ordinances. <br /> • An ordinance adopted through voter initiative prevails over city council <br /> ordinances and state law. <br /> Review of Initiative 21-0016 <br /> To assist in evaluating the initiative it is important to understand how conflicts between <br /> state laws and local laws are presently resolved. There are two types of cities: charter <br /> cities and general law cities. The State Constitution grants both types of cities the power <br /> to adopt ordinances to protect the public's health, safety and welfare — this is referred to <br /> as a city's "police power." As state law is said to preempt the local ordinance, an <br /> ordinance adopted under a city's police power cannot be enforced if it conflicts with <br /> state law. <br /> A conflict between state laws and local laws exists if a local ordinance: <br /> • Duplicates state law — for example, city licensing regulating the sale of materials <br /> marketed for use with illegal drugs was determined to be invalid because it <br /> duplicates the state drug paraphernalia law. <br /> • Contradicts state law —for example, a city's urgency moratorium on land use <br /> decisions was determined to be invalid because it did not comport with the state <br /> law on an urgency moratorium on land use decisions. <br /> Page 4 of 6 <br />