HomeMy WebLinkAboutCC Reso No 2004-27RESOLUTION NO. 2004- 27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, OPPOSING SENATE BILL 744
(DU1V1~ WHICH TRANSFERS LOCAL LAND USE AUTHORITY
TO THE STATE ALLOWING THE CALIFORNIA DEPARTMENT
OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) THE
AUTHORITY TO OVERRULE LOCAL DECISIONS.
WHEREAS, Senate Bill 744 gives the Califomia Department of Housing and
Community Development (HCD) and Developers the power to determine condi$ons for approval
of local projects - even in cases where a local government has already approved a project in
accordance with the law; and
WHEREAS, Senate Bill 744 empowers HCD to hear appeals from developers,
whose projects were approved with conditions or additional requirements, effectively
encouraging them to attempt an"end-run" around any local conditions imposed on a housing
development that has been approved at the local level; and
WHEREAS, Senate Bi11744 gives the Department discretion to decide that the
conditions or requirements imposed by the local government render the provision of housing
"infeasible" or "not reasonable or consistent with meeting local housing needs," and to order the
local agency to modify or remove any such condition or requirements and to issue any necessary
permit or approval; and
WHEREAS, even in cases where conditions imposed by a local government are
legally valid, they may still be overturned based upon a political decision by the Department
under this legislation; and
WHEREAS, Senate Bi11744 also gives HCD and Developers the power to
overturn legally valid local government decisions to deny a project if the Department considers
the local agency decision unreasonable or inconsistent with meeting local housing needs; and
WHEREAS, Senate Bi11744 is duplicative and unnecessary because developers
who believe that a local government has unjustly treated their projects already have recourse to
the courts under Anti-Nimby Law [Section 65589.5 of the Government Code]; and
WHEREAS, Senate Bill 744 fails to recognize that recent state-imposed
conditions such as prevailing wage requirements have a serious impact on housing cost and can
increase the costs of affordable housing by over 20 percent; and
WHEREAS, the League of California Cities and other California cities are
strongly opposed to Senate Bii1744;
PAGE TWO - RESOLUTION NO. 2004- 27
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Lake Elsinore opposed SB 744 (Dunn), regazding the preemption of local land use authority by
the California Department of Housing and Community Development.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Lake
Elsinore at a regular meeting held on the 25~' day of May, 2004.
AS TO FORM -
CITY ATTORNEY
UPON THE FOLLOWING VOTE:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERSt
ABSENT: COUNCILMEMBERS:
BSTAIN: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY
NONE
NONE
COUNCILMEMBERS: NONE
HLJMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by
the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the
25th of May, 2004, and that it was so adopted by the following vote:
AYE5: COUNCILMEMBER5:
HICKMAN, KELLEY, MAGEE,
SCHIFFNER,BUCKLEY
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS
A STAIN: COUNCILMEMBERS:
` ~~~
VICHI KASAD, CMC, CITY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
NONE
NONE
NONE
I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
Resolution No. 2004-27 of said Council, and that the same has not been amended or
repealed.
DAj~E: June 2, 2004
2~
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VICHI KASAD, CMC, CITY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE
(SEAL)