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HomeMy WebLinkAbout04-044 CC Resolution I I I RESOLUTION NO. 04-44 A RESOLUTION OF THE CITY 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 CITY 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 65589.5 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. R:/Resos 2004/Resos 04-44 I 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 13th day of April, 2004. rJ M /\ ,r) . ~~ Mich ggar, Mayor ATTEST: I STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 04-44 was duly and regularly adopted by the City Council at a regular meeting of the City Council on the 13th day of April, 2004, by the following vote: AYES: 4 COUNCILMEMBERS: Comerchero, Roberts, Stone, Naggar NOES: 0 COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Washington ABSTAIN: 0 COUNCILMEMBERS: None I R:/Resos 2004/Resos 04-44