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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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the city shall be deemed a municipal affair within the meaning of Section 5 and <br /> shall prevail over a conflicting state statute. <br /> (b) A covered state statute shall prevail over conflicting land use planning and <br /> zoning laws, provided that for a covered state statute enacted on or after January <br /> 1, 2016, the Legislature makes a finding that the covered state statute addresses a <br /> matter of statewide concern. A finding of statewide concern made pursuant to this <br /> subdivision shall list the specific goals,purposes, and objectives of the statute. <br /> (c) (1) State funding appropriated before the effective date of this section <br /> shall not be modified due to a city preempting any state law pursuant to this <br /> section. <br /> (2) State funding appropriated after the effective date of this section shall not <br /> discriminate in favor of, or give any preference to, a city that voluntarily <br /> complies with state-adopted land use planning and zoning laws. <br /> (d) The provisions of this section are severable. If any provision of this section <br /> or its application is held invalid,that invalidity shall not affect other provisions or <br /> applications that can be given effect without the invalid provision or application. <br /> SEC. 4. Section 7 of Article XI of the California Constitution is amended to <br /> read: <br /> SEC. 7. (a) (1) A county or city may make and enforce within its limits all <br /> local, police, sanitary, and other ordinances and regulations not in eenflief with <br /> gmeral-laws. that are not, except as provided in subdivision (b), in conflict with <br /> general laws. <br /> (2) A county or city shall not supersede or otherwise interfere with any voter <br /> approved local initiative. <br /> (b) (1) Except as provided in paragraph (2), a land use planning and zoning <br /> law within the boundaries of the county or city shall prevail over conflicting <br /> general laws. <br /> (2) A covered state statute shall prevail over conflicting land use planning and <br /> zoning laws,provided that for a covered state statute enacted on or after January <br /> 1, 2016, the Legislature makes a finding that the covered state statute addresses a <br /> matter of statewide concern.A finding of statewide concern made pursuant to this <br /> paragraph shall list the specific goals,purposes, and objectives of the statute. <br /> (c) (1) State funding appropriated before the effective date of this section <br /> shall not be modified due to a city or county preempting any state law pursuant to <br /> this section. <br /> (2) State funding appropriated after the effective date of this section shall not <br /> discriminate in favor of, or give any preference to, a city or county that <br /> voluntarily complies with state-adopted land use planning and zoning laws. <br /> (d) The provisions of this section are severable. If any provision of this section <br /> or its application is held invalid, that invalidity shall not affect other provisions <br /> or applications that can be given effect without the invalid provision or <br /> application. <br />
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