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CITY ACTION NEEDED ON TWO BAD HOUSING/LAND USE BILLS AND AB 1866) Despite the opposition of the League, the Califor- governments, and their taxpayers, to pay the attor- nia State Association of Counties, the Amedcan heys fees of those who sue them. Planning Association and numerous indMdual citJes, two land use bills that would preempt local authority What city officials can do. City officials should continue to move through the legislature, and could explain to single-family homebuilders and commer- well end up on the Governor's desk. AB 2292 rial property developers in their community that this (Dutra) recently passed off the Senate floor on a 23- bill could undermine their ability to gain the needed 10 vote, with Senator Joe Dunn as the floor jockey, approvals for their projects. For example, local The bill is now on the Assembly Floor awaiting a vote governments will be reluctant to grant future land- on concurrence with Senate amendments. The owner or developer requests to down zone or other bill is AB 1866 (Wright). Despite an analysis rezone residentialpropar~y because the bill will that cited costs to local governments "in the mil- expose them to lawsuits. Property owners request- lions", the Senate Appropriations Committee voted lng these changes could be asked by local govern- AB 1866 (Wright)off the Committee Suspense File. ments to either pumhase or identify the other prop- erty in the community that will be up zoned for This year, over 280 cities stepped up and said housing, and penhaps to indemnify the local govem- "no" to SB 910 (Dunn), a major effort to preempt ment from any lawsuit resulting from the down local land use authority. Given the way these bills zoning or rezoning. This will have the effect of are moving, it is clear that a similar level of effort handcuffing normal pdvate market and entrepreneur- needs to be expended by cities. Make sure your iai forces. Legislators know that you are aware of these Continued on Page 6 two bills, and ask for their no votel Letters and phone calls needed. City officials should also draft and prepare to send letters to the Governor AB 2292 (Dutra) requesting a Veto, because both bills could be on (1) prohibits a city or county from reducing the Governor's desk within a matter of days. the residential density for any parcel below the density that was utilized by the Depart- Sample city opposition letters on both AB 2292 ment of Housing in determining compliance and AB 1866 are available on the League's Web site: with the jurisdiction's housing element by www.cacities.org\leqtrackin.q, administrative, adjudicative, or legislative action, unless the city, county, or city and The following summarizes the key impacts of county makes wdtten findings supported by these bills, substantial evidence that the reduction is consistent with the adopted general plan, AB 2292 (Dutra). Preemption of Local Author- including the housing element; (2) Declares ity and Property Rights.' AB 2292: that these requirements shall be in addition to any other law that may restrict or limit the This bill would removes beth discretion and reduction of residential density; and (3) authority from local governments by "locking in" any Requires that if a court finds that an action residential zoning used to comply with housing of a city, county, or city and county is in element law for years at a time, and exposing a local violation of this bill, the court shall award the government to lawsuits if it is later changed. This is plaintiff reasonable attorney fees and costs clearly a shift of land use authority to the state, and of suit, except under extraordinary circum- hampers the ability of local governments to respond stances in which the court finds that award- to changing conditions in their communities. Fur- lng the fees would not further the purpose of thermore, this bill restricts the freedom of a property this law. Staff: Daniel Carrigg, Status: owner to obtain a desired down-zoning or rezoning AsmFIr, Position: Oppose. of their property from a local government, and provides an incentive for litigation by requiring local Visit the League's Official Web Site--www.cacities:org PRIORITY FOCUS/PAGE 3