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01
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2023
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051623
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5/10/2023 3:17:29 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
5/16/2023
DESTRUCT DATE
15Y
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(d) The purpose of this measure is to protect the ability of local communities <br /> to make local land use planning and zoning decisions, and to clarify the process <br /> to resolve conflicts between current or future state and local land use planning <br /> and zoning laws. One size does not fit all, and recent statewide land use and <br /> zoning laws will do great harm without significant input and participation from <br /> local communities. The "home rule" doctrine is enshrined in Sections 4 and 5 of <br /> Article XI of the California Constitution, and local land use planning or zoning <br /> initiatives approved by voters shall not be nullified or superseded by state law. <br /> (e) This constitutional amendment is expressly intended to authorize local land <br /> use planning and zoning law to override conflicting state law while ensuring that <br /> specified laws remain in full force and effect. <br /> SEC. 2. Section 3.5 is added to Article XI of the California Constitution, to <br /> read: <br /> SEC. 3.5. For purposes of this article: <br /> (a) "Land use planning and zoning law" means any law, whether adopted or <br /> put into effect by charter, ordinance, regulation, local initiative, or other action <br /> that accomplishes any of the following: <br /> (1) Eliminates or restricts a city or county's discretion to establish or change <br /> the zoning designation of any parcel within its jurisdiction. <br /> (2) Requires a city or county to review, approve, or deny a development <br /> application on a streamlined,ministerial, or expedited basis if the project meets a <br /> specified criteria. <br /> (3) Approves or denies a development or subdivision of a parcel. <br /> (4) Imposes any restriction on the ability of a city or county to deny a <br /> development project or subdivision of a parcel. <br /> (5) Establishes the procedure for establishing or changing the zoning <br /> designation of any parcel within its jurisdiction. <br /> (6) Establishes the procedure or timing for reviewing and approving <br /> development applications. <br /> (b) "Covered state statute" means a state law that addresses a matter of <br /> statewide concern rather than a municipal affair, as that term is used in Section 5 <br /> of this article, and relates to any of the following: <br /> (1) The protection of the environment or natural resources, including, but not <br /> limited to any of the following: <br /> (A) The California Environmental Quality Act (Division 13 (commencing <br /> with Section 21000)of the Public Resources Code)and California Environmental <br /> Quality Act Guidelines(Chapter 3 (commencing with Section 15000)of Division <br /> 6 of Title 14 of the California Code of Regulations). <br /> (B) The California Endangered Species Act (Chapter 1.5 (commencing with <br /> Section 2050)of Division 3 of the Fish and Game Code). <br /> (C) The California Coastal Act of 1976 (Division 20 (commencing with <br /> Section 30000)of the Public Resources Code). <br />
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