HomeMy WebLinkAboutResolutions 2011-085 N.C.S. 06/06/2011Resolution No. 2011 -085 N.C.S.
of the City of Petaluma, California
RESOLUTION OPPOSING ASSEMBLY BILL 1220, (AB 1220), WHICH WOULD
EXPAND TO FIVE YEARS THE STATUTE OF LIMITATIONS FOR CERTAIN
CHALLENGES TO HOUSING ELEMENTS, ORDINANCES, AND PROGRAMS
WHEREAS, the Planning and Zoning Law requires.an action or proceeding against local
zoning and planning decisions of a legislative body to be commenced and the legislative body to
be served within a year of accrual of the cause of action, if certain requirements are met; and
WHEREAS, when the action or proceeding is brought in support of, or to encourage or
facilitate the development of housing that would increase the community's supply of affordable
housing, a cause of action accrues 60 days after notice of intent to file said action is filed within
the one year period or when the legislative body takes a final action in response to the notice,
whichever occurs first; and
WHEREAS, AB 1220 would authorize the notice to be filed anytime within 5 years after
a specified action pursuant to existing law, and would declare the intent of the Legislature that its
provisions modify a specified court opinion; and
WHEREAS, AB 1220 would also provide that in a specified action or proceeding, no
remedy pursuant to specified provisions of law abrogate, impair, or otherwise interfere with the
full exercise of the rights and protections granted to a tentative map application or a developer,
as prescribed; and
WHEREAS, AB 1220 would also provide that in any action brought against a city,
county or city and county to challenge the adequacy of a housing element, if a court finds that
the adopted housing element or amended housing element for the current planning period
substantially complies with specified provisions, the element or amendment be deemed to satisfy
any condition of a state - administered housing grant program requiring a department finding of
housing element compliance.
Resolution No. 2011 -085 N.C.S. Page 1
NOW, THEREFORE, BE IT RESOLVED THAT the Petaluma City Council does
hereby oppose AB 1220.
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 Wovd as to
Council of the City of Petaluma at a Regular meeting on the 6` day of June, 201 1, m
by the following vote:
AYES: Albertson, Barrett, Mayor Glass, Harris, Vice Mayor Healy, Kearney, Renee
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk Mayor
Ci
Resolution No. 2011-085 N.C.S. Page 2