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CC RESOLUTION 5288RESOLUTION NO. 5288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO SUPPORTING THE "BRAN D-H UANG-MEN DOZA TRIPARTISAN LAND USE INITIATIVE" ENSURING LOCAL ZONING AND LAND USE AUTHORITY. The City Council of the city of El Segundo does resolve as follows: SECTION 1. Findings. A. The Legislature of the State of California (the "Legislature" of the "State") in recent years has proposed, passed, and signed into law a number of bills addressing a range of land use planning and housing issues. B. The majority of these bills usurp the authority of local jurisdictions, like the city of El Segundo (the "City") to determine for themselves the land use policies and practices that best suit each city andits residents and instead impose "one -size -fits -all" mandates that do not take into account the unique needs and differences of local jurisdictions throughout the State. C. The majority of these bills do not provide any incentives or requirements for low-income affordable or moderate -income workforce housing, but instead impose new policies that will incentivize speculation and result in the addition of market -rate or luxury housing, thereby eliminating the opportunity for local jurisdictions to implement effective policies that will create more affordable housing and affirmatively further fair housing practices. D. The ability of local jurisdictions to determine for themselves which projects require review beyond ministerial approval; what parking requirements are appropriate for various neighborhoods; what housing plans and programs are suitable and practical for each community; and what zoning should be allowed for residential properties, rather than having these decisions imposed upon cities without regard for the unique circumstances and needs of each individual community, is a matter of critical importance to the City; and E. The City is best able to assess and respond to the unique needs of its respective community and hereby objects to the proliferation of State legislation, including Senate Bills 9 and 10, that would deprive it of that ability. F. The City opposes the Legislature's ongoing proposal and adoption of legislation that overrides local governments' zoning and land use authority and inhibits their ability to effectively plan for and implement policies to stimulate the City's efficient production of housing, especially affordable housing. SECTION 2. Declaration of Support. The City Council supports approval of the Brand - Huang -Mendoza Tripartisan Land Use Initiative, attached as Exhibit "A," that would amend Article XI of the California Constitution to ensure zoning and land use authority rests with local government entities that represent the communities in which the residents reside and to allow local governments to participate in solving our affordable housing crisis through solutions that effectively address the unique needs and conditions of each local community. SECTION 3. Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable. RESOLUTION No. 5288 Page 1 of 2 SECTION 4. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. SECTION 5. Signature Authority. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. SECTION 6. Effective Date. This Resolution will take effect immediately upon adoption and will remain effective unless repealed or superseded. SECTION 7. City Clerk Direction. The City Clerk will certify to the passage and adoption of this Resolution, enter it in the City's book of original Resolutions, and make a record of this action in the meeting's minutes. PASSED, APPROVED AND ADOPTED this 16th day of November, 2021. Drew Bo , Qayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. 5288 was duly passed and adopted by said City Council, approved and signed by the Mayor of said City, and attested to by the City Clerk of said City, all at a regular meeting of said Council held on the 16th day of November 2021, and the same was so passed and adopted by the following vote: AYES: Mayor Boyles, Council Member Pirsztuk, Council Member Nicol, and Council Member Giroux NOES: None ABSENT: None ABSTAIN: Mayo), ayo Pro Tern Pimentel Tracy Weavg, City Clerk APPROVED AS TO FORM: So N Mark 11 Hensley, City ttorney RESOLUTION No. 5288 Page 2 of 2 EXHIBIT A SECTION 1. The people of the State of California find and declare all of the following: (a) The circumstances and environmental impacts of local land use decisions vary greatly across the state from locality to locality. (b) The infrastructure required to maintain appropriate levels of public services, including police and fire services, parklands and public open spaces, transportation, water supply, schools, and sewers varies greatly across the state from locality to locality. (c) Land use decisions made by local officials must balance development with public facilities and services while addressing the economic, environmental, and social needs of the particular communities served by those local officials. (d) Thus, it is in the best interests of the state and local communities for these complex decisions to be made at the local level to ensure that the specific, unique characteristics, constraints, and needs of those communities are properly analyzed and addressed. (e) Gentrification of housing adjacent to public transportation will reduce or eliminate the availability of low or very low income housing near public transit, resulting in the loss of access by low or very low income persons to public transit, declines in public transit ridership, and increases in vehicle miles travelled. (f) The State Legislature cannot properly assess the impacts upon each community of sweeping centralized and rigid state land use rules and zoning regulations that apply across the state without regard to community impacts and, as a result, statewide land use and zoning will do great harm to local communities with differing circumstances and concerns. (g) Community development should not be controlled by state planners, but by local governments that know and can address the needs of, and the impacts upon, local communities. Local initiatives approved by voters pertaining to land use and zoning restrictions should not be nullified or superseded by the actions of any local or state legislative body. (h) Numerous state laws that target communities for elimination of zoning standards have been enacted, and continue to be proposed, that eliminate or erode local control over local development and circumvent the California Environmental Quality Act ("CEQA"), creating the potential for harmful environmental impacts to occur. (i) The purpose of this measure is to ensure that all decisions regarding local land use controls, including zoning law and regulations, are made by the affected communities in accordance with applicable law, including but not limited to CEQA (Public Resources Code § 21000 et seq.), the California Fair Employment and Housing Act (Government Code § § 12900 — 12996), prohibitions against discrimination (Government Code § 65008), and affirmatively furthering fair housing (Government Code § 8899.50). This constitutional amendment would continue to provide for state control in the coastal zone, the siting of a power plant that can generate more than 50 megawatts of electricity, or the development or construction of water, communication or transportation infrastructure projects which the Legislature declares are matters of statewide concern and are in the best interests of the state. For purposes of this measure, it is the intent that a transportation infrastructure project shall not include a transit -oriented development project that is residential, commercial, or mixed -use. 58277666.v2 SECTION 2. Section 4.5 is added to Article XI of the California Constitution, to read: SEC. 4.5. (a) Except as provided in subdivision (b), in the event of a conflict with a state statute, a county charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a county charter, that regulates the zoning, development or use of land within the boundaries of an unincorporated area of the county shall be deemed a county affair within the meaning of Section 4 and shall prevail over a conflicting state statute. No voter approved local initiative that regulates the zoning, development or use of land within the boundaries of any county shall be overturned or otherwise nullified by any legislative body. (b) A county charter provision, general plan, specific plan, ordinance or a regulation adopted and applicable to an unincorporated area within a county, may be determined only by a court of competent jurisdiction, in accordance with Section 4, to address either a matter of statewide concern or a county affair if that provision, ordinance, or regulation conflicts with a state statute with regard to only the following: (1) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute. (2) The siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern. (3) The development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter of statewide concern and is in the best interests of the state. For purposes of this paragraph, a transportation infrastructure project does not include a transit -oriented development project, whether residential, commercial, or mixed -use. (c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section. No benefit or preference in state appropriations or grants shall be given to an entity that opts not to utilize the provisions of this section. (d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SECTION 3. Section 5.5 is added to Article XI of the California Constitution, to read: SEC. 5.5. (a) Except as provided in subdivision (b), in the event of a conflict with a state statute, a city charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a city charter, that establishes land use policies or regulates zoning or development standards within the boundaries of the city shall be deemed a municipal affair within the meaning of Section 5 and shall prevail over a conflicting state statute. No voter approved local initiative that regulates the zoning, development or use of land within the boundaries of any city shall be overturned or otherwise nullified by any legislative body. (b) A city charter provision, general plan, specific plan, ordinance or a regulation adopted pursuant to a city charter, may be determined only by a court of competent jurisdiction, in accordance with Section 5, to address either a matter of statewide concern or a municipal affair 58277666.v2 if that provision, ordinance, or regulation conflicts with a state statute with regard to only the following: (1) The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), or a successor statute. (2) The siting of a power generating facility capable of generating more than 50 megawatts of electricity and the California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern. (3) The development or construction of a water, communication or transportation infrastructure project for which the Legislature has declared in statute the reasons why the project addresses a matter of statewide concern and is in the best interests of the state. For purposes of this paragraph, a transportation infrastructure project does not include a transit -oriented development project, whether residential, commercial, or mixed -use. (c) No modification to appropriations for state funded programs shall occur, and no state grant applications or funding shall be denied as a result of the application of this section. No benefit or preference in state appropriations or grants shall be given to an entity that opts not to utilize the provisions of this section. (d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SECTION 4. Section 7 of Article XI of the California Constitution is amended to read: SEC. 7. (a) A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations met that are not except as movided in subdivisioc (b), in conflict with general laws. A cowity or ci!y may not s°tr�ede or otherwise interfere with an voter approved local initiative ertainiru to land use or zonin restrictions. b. A couil!y or cily general larr, s . ecit)c lair orditratrce of torrlatiorr drat reulates tle zoning, development or use of land within the boundaries of the counly or cily shall prevail over conilicti:tig, eneral laws except for only the following: A A coastal land LIse alarr, ordinance or regulations that conflicts with the. California Coastal Act of 1976 Division 20 conimencitl _With Section 3000 the Public Resources Code or a. successor statute. (B) An ordinance or re D ulat�i011 that addresses the siting of a power ene�ratir�a . _y and the facility capable of encratin more than a0 megawatts of'electr�ci California Public Utilities Commission has determined that a need exists at that location that is a matter of statewide concern. (C) An ordinance.orregulation that addresses the develo ment or construction of"a water communication or transportation infrastructure Project for which the Le islature has declared its statute the reasons why the project addresses a matter- of statewide concern and is in the best interests of the state. For purposes of this subparagraph. a transportation infrastructure project does not include a transit - oriented developirictit pr ject whether residential coniniercial or mixed -us . 58277666.v2 (c) No inodifigation to appropriations for state funded programs shaH occur and no state f-)rrant Uplications or ftindi section. No benefit or preference in state appr�ijations or grants shall be-gi,v provisions of this section. (d)The provisions of this subdivision are severable. If any Provision of this subdivision or its Mppligation is held invalid, that invalidi!y shall not affect other rovisions or applications that can be Oven effect without the invalidpLoy 58277666.v2