CC SR 20210406 I - Assembly Constitutional Amendment (ACA) No. 7 Letter of Support (Local Land Use)
CITY COUNCIL MEETING DATE: 04/06/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize the Mayor to sign a letter of support for
ACA (Assembly Constitutional Amendment) No. 7.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign a letter of support for ACA No. 7.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: McKenzie Bright, Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft letter in support of ACA 7 (page A-1)
B. Text of AB 78 (as introduced March 16, 2021) (page B-1)
BACKGROUND AND DISCUSSION:
ACA 7, introduced by Assemblymember Al Muratsuchi, seeks to amend the California
Constitution to ensure local land use authority would prevail over conflicting state laws.
This amendment would allow the City to maintain local land use authority when in
conflict with state legislation, except in the coastal zone and concerning water or
transportation projects of statewide concern.
In order to be ratified, the amendment would need two-thirds approval by the
Legislature and approval by a majority of voters.
The City Council has strongly opposed legislation that seeks to limit local land use
authority. If passed, this measure would broadly ensure that the City’s local ordinances
would prevail over all state land use legislation, if they are in conflict. Cities have an
existing state constitutional authorization to make and enforce ordinances and
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regulations within city limits, known as police power. ACA No. 7 argues that the
legislature cannot properly assess the impacts of sweeping land use legislation on
individual communities. As such, cities should be able to utilize their police power to
regulate zoning and land use issues within city borders, to the extent that municipal law
shall prevail over conflicting general laws.
Given this bill’s widespread impact on the preservation of the City’s local land use
authority, Staff recommends the City Council authorize the Mayor to sign a letter to
Assemblymember Muratsuchi as drafted or with revisions, supporting ACA 7.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify revised language to add to the letter.
2. Do not authorize the Mayor to sign the letter.
3. Take other action, as deemed appropriate.
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April 6, 2021 Via Email
The Honorable Al Muratsuchi
California State Assembly
State Capitol
P.O. Box 942849, Room 2179
Sacramento, CA 94249-0066
SUBJECT: Notice of Support of ACA No. 7
Dear Assemblymember Muratsuchi:
The City of Rancho Palos Verdes supports ACA No. 7, which would preserve local land
use authority.
In local land use planning and zoning, there are many factors that must be considered.
The City of Rancho Palos Verdes is located on the Palos Verdes Peninsula, almost
entirely within a Very High Fire Hazard Severity Zone (VHFHSZ). As such, it is vital that
the City maintain its local land use authority to ensure that all developments meet all
safety standards and that related traffic changes do not have undue influence on egress
paths.
While the City appreciates the work of the Legislature to propose policies related to land
use, such measures cannot properly assess their impact on individual communities and
their general plans. The City supports the intent of ACA No. 7, to allow cities’ local
ordinances to prevail over general law if they are in conflict. We look forward to the
Legislature’s passage of this bill, and the support of the people of the State of California
in this matter.
Sincerely,
Eric Alegria
Mayor
A-1
Assemblymember Muratsuchi
April 6, 2021
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cc: Ben Allen, Senator, 26th State Senate District
Jeff Kiernan, League of California Cities
Meg Desmond, League of California Cities
Marcel Rodarte, California Contract Cities Association
Jacki Bacharach, South Bay Cities Council of Governments
Rancho Palos Verdes City Council
Ara Mihranian, City Manager
Karina Bañales, Deputy City Manager
A-2
california legislature—2021–22 regular session
Assembly Constitutional Amendment No. 7
Introduced by Assembly Member Muratsuchi
(Principal coauthor: Senator Glazer)
March 16, 2021
Assembly Constitutional Amendment No. 7—A resolution to propose
to the people of the State of California an amendment to the Constitution
of the State, by amending Section 7 of, and adding Section 5.5 to, Article
XI thereof, relating to local government.
legislative counsel’s digest
ACA 7, as introduced, Muratsuchi. Local government: police power:
municipal affairs: land use and zoning.
The California Constitution authorizes a city or county to make and
enforce within its limits all local, police, sanitary, and other ordinances
and regulations not in conflict with general laws, which is also known
as the police power. Existing law also authorizes a county or city to
adopt a charter, as provided. The California Constitution authorizes a
city governed under a charter make and enforce all ordinances and
regulations in respect to municipal affairs and provides that, with respect
to municipal affairs, a city charter supersedes all inconsistent laws.
Under the California Constitution, the power to regulate land use is
within the scope of the police power, and is also generally considered
to be a municipal affair, for purposes of these provisions.
This measure would provide that a county or city ordinance or
regulation enacted under the police power that regulates the zoning or
use of land within the boundaries of the county or city would prevail
over conflicting general laws, with specified exceptions. The measure,
in the event of the conflict with a state statute, would also specify that
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a city charter provision, or an ordinance or regulation adopted pursuant
to a city charter, that regulates the zoning or use of land within the
boundaries of the city is deemed to address a municipal affair and
prevails over a conflicting state statute, except that the measure would
provide that a court may determine that a city charter provision,
ordinance, or regulation addresses either a matter of statewide concern
or a municipal affair if it conflicts with specified state statutes. The
measure would make findings in this regard and provide that its
provisions are severable.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
line 1 Resolved by the Assembly, the Senate concurring, That the
line 2 Legislature of the State of California at its 2021–22 Regular
line 3 Session commencing on the seventh day of December 2020,
line 4 two-thirds of the membership of each house concurring, hereby
line 5 proposes to the people of the State of California, that the
line 6 Constitution of the State be amended as follows:
line 7 First—That the people of the State of California find and declare
line 8 all of the following:
line 9 (a) The circumstances and impacts of local land use decisions
line 10 vary greatly across the state from locality to locality.
line 11 (b) The infrastructure required to maintain appropriate levels
line 12 of public services, including police and fire services, parklands
line 13 and public open spaces, transportation, schools, and sewers, also
line 14 varies greatly across the state from locality to locality.
line 15 (c) Land use decisions made by local officials seek to balance
line 16 development with the economic, environmental, and social needs
line 17 of the particular communities served by those local officials.
line 18 (d) Thus, it is in the best interests of the state for these complex
line 19 decisions to be made at the local level to ensure that the specific,
line 20 unique characteristics, constraints, and needs of those communities
line 21 are properly analyzed and addressed.
line 22 (e) Gentrification of housing adjacent to public transportation
line 23 will reduce or eliminate the availability of very low income housing
line 24 near public transit.
line 25 (f) The Legislature cannot properly assess the impacts upon
line 26 each community of sweeping land use rules and zoning regulations
line 27 that apply across the state and, as a result, do great harm to many
line 28 local communities with differing circumstances and concerns.
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line 1 (g) Development within a community should not be controlled
line 2 by state laws that may or may not address the needs of, and the
line 3 impacts upon, that local community.
line 4 (h) Numerous state laws have been enacted, and continue to be
line 5 proposed, that eliminate or erode local control over the type and
line 6 character of local development.
line 7 (i) The purpose of this measure is to ensure that all decisions
line 8 regarding local land use controls and zoning regulations are made
line 9 within the affected communities in accordance with local law,
line 10 while still allowing either local or state law to control, as it
line 11 otherwise would, in those instances where state and local law
line 12 conflict regarding the coastal zone, the siting of a power plant that
line 13 can generate more than 50 megawatts of electricity, or the
line 14 development or construction of a water or transportation
line 15 infrastructure project for which the Legislature declares why the
line 16 project addresses a matter of statewide concern and is in the best
line 17 interests of the state. For purposes of this measure, it is the intent
line 18 that a transportation infrastructure project not include a
line 19 transit-oriented development project that is residential, commercial,
line 20 or mixed used.
line 21 Second—That Section 5.5 is added to Article XI thereof, to
line 22 read:
line 23 SEC. 5.5. (a) Except as provided in subdivision (b), in the
line 24 event of a conflict with a state statute, a city charter provision, or
line 25 an ordinance or a regulation adopted pursuant to a city charter,
line 26 that regulates the zoning or use of land within the boundaries of
line 27 the city shall be deemed to address a municipal affair within the
line 28 meaning of Section 5 and shall prevail over a conflicting state
line 29 statute.
line 30 (b) A city charter provision, or an ordinance or a regulation
line 31 adopted pursuant to a city charter, may be determined by a court
line 32 of competent jurisdiction, in accordance with Section 5, to address
line 33 either a matter of statewide concern or a municipal affair if that
line 34 provision, ordinance, or regulation conflicts with a state statute
line 35 with regard to any of the following:
line 36 (1) The California Coastal Act of 1976 (Division 20
line 37 (commencing with Section 30000) of the Public Resources Code),
line 38 or a successor statute.
line 39 (2) The siting of a power generating facility capable of
line 40 generating more than 50 megawatts of electricity.
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ACA 7 — 3 — B-3
line 1 (3) The development or construction of a water or transportation
line 2 infrastructure project for which the Legislature has declared in
line 3 statute the reasons why the project addresses a matter of statewide
line 4 concern and is in the best interests of the state. For purposes of
line 5 this paragraph, a transportation infrastructure project does not
line 6 include a transit-oriented development project, whether residential,
line 7 commercial, or mixed use.
line 8 (c) The provisions of this section are severable. If any provision
line 9 of this section or its application is held invalid, that invalidity shall
line 10 not affect other provisions or applications that can be given effect
line 11 without the invalid provision or application.
line 12 Third—That Section 7 of Article XI thereof is amended to read:
line 13 SEC. 7. (a) A county or city may make and enforce within
line 14 its limits all local, police, sanitary, and other ordinances and
line 15 regulations not that are not, except as provided in subdivision (b),
line 16 in conflict with general laws.
line 17 (b) (1) A county or city ordinance or regulation that regulates
line 18 the zoning or use of land within the boundaries of the county or
line 19 city shall prevail over conflicting general laws, except for the
line 20 following:
line 21 (A) An ordinance or regulation that conflicts with the California
line 22 Coastal Act of 1976 (Division 20 (commencing with Section 30000)
line 23 of the Public Resources Code), or a successor statute.
line 24 (B) An ordinance or regulation that addresses the siting of a
line 25 power generating facility capable of generating more than 50
line 26 megawatts of electricity.
line 27 (C) An ordinance or regulation that addresses the development
line 28 or construction of a water or transportation infrastructure project
line 29 for which the Legislature has declared in statute the reasons why
line 30 the project addresses a matter of statewide concern and is in the
line 31 best interests of the state. For purposes of this subparagraph, a
line 32 transportation infrastructure project does not include a
line 33 transit-oriented development project, whether residential,
line 34 commercial, or mixed use.
line 35 (2) The provisions of this subdivision are severable. If any
line 36 provision of this subdivision or its application is held invalid, that
line 37 invalidity shall not affect other provisions or applications that can
line 38 be given effect without the invalid provision or application.
O
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