Resolution No. 2021-66 | Support for Tripartisan Land Use Initiative | Adopted 12/06/2021RESOLUTION NO. 2021-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY EXPRESSING SUPPORT FOR THE "BRAND-
HUANG-MENDOZA TRIPARTISAN LAND USE
INITIATIVE" TO AMEND ARTICLE XI OF THE
CONSTITUTION OF THE STATE OF CALIFORNIA TO
MAKE ZONING AND LAND USE COMMUNITY
AFFAIRS, AND NOT OF STATE INTEREST
WHEREAS, the Legislature of the State of California in recent years has proposed, passed,
and signed into law a number of bills addressing a range of land use planning and housing issues;
and
WHEREAS, the majority of these bills usurp the authority of local jurisdictions to
determine for themselves the land use policies and practices that best suit each city and its 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 of California; and
WHEREAS, 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 of Gilroy and many other municipalities
focused on local zoning and housing issues; and
WHEREAS, the City Council of the City of Gilroy hereby determines that local
government entities are best able to assess and respond to the unique needs of their respective
communities and hereby objects to the proliferation of State legislation (including SB9 and SB 10)
that would deprive us of that ability.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY RESOLVE AS FOLLOWS:
1. That the City Council of the City of Gilroy is opposed to the legislature of the State of
California continually proposing and adopting legislation that overrides the zoning and
land use authority of local government and inhibits the ability of local government to
effectively plan for and implement policies to stimulate the efficient production of
affordable housing in the City of Gilroy.
2. That the City Council of the City of Gilroy supports the Brand -Huang -Mendoza
Tripartisan Land Use Initiative (attached to this resolution as Exhibit A) to ensure that
zoning and land use authority rests with the local government entities that represent the
communities in which the residents reside, and to allow local government to participate
in solving our affordable housing crisis through solutions that effectively address the
unique needs and conditions of each local community.
3. That the City Council of the City of Gilroy incorporates each recital set forth herein
above.
PASSED AND ADOPTED this 6t1i day of December, 2021 by the following roll call vote:
AYES: COUNCIL MEMBERS: BRACCO, LEROE-MUNOZ, MARQUES,
TOVAR, BLANKLEY
NOES: COUNCIL MEMBERS: HILTON
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: ARMENDARIZ
APPROVED:
Marie Blankley, Mayor
ATTEST:
Thai Nam Pham, City Clerk
Resolution No. 2021-66 -2- December 6, 2021
21-00 g Arndt.#1,
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 Iocal communities fbr 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 envirortinental 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 § 8890.50). 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 hest 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.
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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 ofa 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:
(I) 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 net that are not, except as provided in subdivision (b), in
conflict with general laws. A county or city may not supersede or otherwise interfere with any
voter approved local initiative pertaining to land use or zoning restrictions.
(b) A county or city general plan, specific plan, ordinance or regulation that regulates the zoning,
development or use of land within the boundaries of the county or city shall prevail over
conflicting general laws, except for only the following:
(A) A coastal land use plan, ordinance or regulation that conflicts with the
California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of
the Public Resources Code), or a successor statute.
(B) An ordinance or regulation that addresses 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.
(C) An ordinance or regulation that addresses 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
subparagraph, a transportation infrastructure project does not include a transit -
oriented development project, whether residential, commercial. or mixed -use.
58277666. t 2
(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 he given to an entity that opts not to utilize the
provisions of this section.
(d) The provisions of this subdivision are severable. If any provision of this subdivision 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.
58277666.ti2
I, Thai Nam Pham, City Clerk of the City of Gilroy, do hereby certify that the attached
Resolution No. 2021-66 is an original Resolution, or true and correct copy of a city Resolution,
duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on
the 6ti1 day of December, 2021, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 13th day of December, 2021.
Thai Nam` Pham
City Clerk of the City of Gilroy
(Seal)