HomeMy WebLinkAboutResolution 2004-017 N.C.S. 02/23/2004 Resolution No. 2004-017N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE CITY OF PETALUMA
OPPOSING SB 744 (L)UNN)
WHEREAS, Senate Bill 744 gives the California Department of Housing and -
Community Development (HCD) and Developers the power to determine conditions 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 a 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 Bill 744 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 requirement 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 Bill 744 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,
Resolution No. 2004-017 N,C.S.
WHEREAS, Senate Bill 744 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, the League of California Cities and other California cities are
strongly opposed to Senate Bill 744.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Petaluma opposes SB 744 (Dunn), regarding the preemption of local land use authority
by the California Department of Housing and Community Development.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (Adjourned) (Special) meeting orm
on the ........23:d........... day of .......E~bruary 20D.4.., by the j
following vote: .............1..........................
City Attorney
AYES: Mayor Glass, Harris, Vice Mayor Moynihan, O'Brien, Torliatt
NOES: Healy
ABSENT: Canevaro ~
ATTEST:
City Clerk ayor
Council File
Res. No......2~Q4.:Q.~.~..........N.C.S.