HomeMy WebLinkAbout04-044 CC Resolution
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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.
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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 /\
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Mich ggar, Mayor
ATTEST:
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
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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
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