2: Pilnted on Recycled Paper. April 20,2004

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Ethel Payne
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1 w Park ~ r 1 v e. ~ e r n h k & ~, Addreir? ~ 5 ~ PO ~ Box ~ ~ 9033 ~.Ternecula, CA Fax (909) : r, Michael S. Naggar Mayor Jeff Comerchero Mayor Pro-Tern Ronald H. Roberts Councilmember Jefiey E. Stone Councilmember Chuck Washington Councilmember (909) FAX April 20,2004 The Honorable Paul Cmso District 5 County Supervisor Stanislaus Coutjj th Street, Ste 6500 Modesto, CA RE: SB 744 (Dunn) HCD State Housing Accountability Committee Notice of Opposition Dear Supervisor: The City of Temecula opposes SB 744 (Dunn), because the bill gives the California Department of Housing and Community Development (HCD) the authority to overturn local land use decisions after hearing appeals from housing development applicants who were previously denied approval or granted approval with conditions by a local agency. SB 744 empowers HCD to overrule local decisions that it views as "not reasonable or consistent with local housing needs." We feel this measure significantly increases the leverage of developers over local communities, by authorizing a developer to attempt an "end-run" around any local conditions imposed on a housing development that has been approved at the local level. It is important to note that there are no provisions in this bill which take into account all the issues cities deal with such as parks, schools, libraries, police, fire, sewer, and traffic circulation. Any lack of consideration of these issues could very well result in unfunded mandates or a drastic reduction in services causing a severe impact on our quality of life. If the HCD were to decide that the local conditions are "not reasonable, " HCD would be empowered to "order" the local agency to modify or remove any such condition, and the developer and panel could enforce this decision in court. This measure is a clear transfer of local land use authority to the State, and places the interests of developers over the interests of the communities and their elected representatives. Under this legislation, even if the conditions imposed by a local government are legally valid, they may still be overturned based upon a political decision by the Department. Besides the loss of local authority, this level of State oversight is unwarranted. Developers who believe that a local government has unjustly treated their Pilnted on Recycled Paper

2 Click Here to Return to Agenda April 20,2004 Page 2 currently have recourse to the courts under the Anti-Nimby Law [Section of the Government Code]. We also observe that SB 744 seeks to empower developers to overturn locally imposed conditions, but ignores the affects of recent State-imposed conditions such as prevailing wage requirements which can increase the costs of affordable housing by over 20 percent. For the above stated reasons, we strongly oppose SB 744 and encourage your County to take similar action. SB 744 is currently being held at the desk of the Assembly and will likely be assigned to the Assembly Housing and Community Development Committee as well as the Local Government Committee in early May. Letters of opposition and resolutions should be sent to Senator Dunn and coauthors Senator Hollingsworth, Assemblyman Steinberg, Senator Burton and Senator Florez with copies to both committees in an effort to stop this damaging legislation. Thank you for your participation in this effort. Sincerely, Mike Naggar Mayor Attachment: City of Temecula Resolution of Opposition-SB 744 cc: Assemblyman Ray Haynes Senator Dennis Hollingsworth League of California Cities California State Association of Counties (CSAC) All California Cities and Counties

3 Click ~ 6ye to Return to Agenda r RESOLUTION NO. 044 A RESOLUTION OF THE ClTY COUNCIL OF THE CITY OF TEMECULA OPPOSING SENATE BILL 744 (DUNN) 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 THE CITY COUNCIL OF THE ClTY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 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 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 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 WHEREAS, the League of California Cities and other California cities are strongly opposed to Senate Bill 744. I hereby OefllfY, under the penalty of perjury that and fotegolng is a true and correct copy of m.o@tnel on dewlt wlthtn the records of the CHY of femecula. In wltness whereof, 1 have hereunto set my hand an aftxed e ee l of the of TemecuE* h i d a y of bi! 20% Mlchaela A. Ballretch, Deputy City Clerk

4 v Click Here to Return to Agenda - NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Temecula opposes SB 744 (Dunn), regarding 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 Temecula at a regular meeting held on the 13' day of April, ATTEST: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA 1 - I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No was duly and regularly adopted by the City Council at a regular meeting of the City Council on the 1 3~ day of April, 2004, by the following vote: AYES: 4 COUNCILMEMBERS: Comerchero, Roberts, Stone, Naggar NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Washington ABSTAIN: 0 COUNCILMEMBERS: None I hereby certlfy, under the penally of perfury that the above and foregoing Is a true and correct copy af an odglnal on deporlt wlthln the records of lhe Clty of Temecula. In witness whereof, I have hereunto set my hand an afixed he 8pl of the CHy of Tetnecda Ml&$ay of &%I 20 og Mlchaela A. Ballrelch, Oeputy CHy Clerk by:

5 Click ~ gre to Return to Agenda MINUTE ACTION OF THE CITY COUNCIL OF THE ClTY OF TEMECULA, CALIFORNIA DATE: April 15,2004 TO: Shawn Nelson, City Manager MEETING OF: April 13,2004 AGENDA ITEM NUMBER: Item No. 19 SUBJECT: Ooposition of SB 744 (Dunn) PlanninaIHousinq (At the request of Mayor Naggar and Councilman Stone) The motion was made by Councilmember Stone, seconded by Councilmember Roberts, to approve staff recommendation and requested that letters of support for the opposition of this bill be transmitted to other cities and counties. RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF TEMECULA OPPOSING ASSEMBLY BILL 744 (DUNN) 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 The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Comerchero, Roberts, Stone, Naggar NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Washington ABSTAIN: 0 COUNCILMEMBERS: None

6 Click ÿÿ ere to Return to Agenda STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) ss I, Michaela A. Ballreich, Deputy City Clerk of the City of Temecula, California, DO HEREBY CERTIFY, under penalty of perjury, the foregoing to be the official action taken by the City Council at the above meeting. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 15' day of April, hu a b.\crll~&p- Michaela A. Ballreich Deputy City Clerk

CA:f:atty\muni\laws\mtt\elect.res City Council Meeting Santa Monica, California RESOLUTION NUMBER 8777

$CA:f:atty\muni\laws\mtt\elect.res City Council Meeting Santa Monica, California RESOLUTION NUMBER 8777$ CA:f:atty\muni\laws\mtt\elect.res City Council Meeting 6-28-94 Santa Monica, California RESOLUTION NUMBER 8777 (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA RECITING