Res 84-072RESOLUTION NO. 84-072
A R~f)LUTION OF THE CITY OF POWAY
IN SUPPORT OF ~6E CITIES OF SAN Ig3IS OBISPO COUNTY
URGING THE LVAGUE OF CALIFORNIA CITIES
TO DEVelOP AND SPONSOR A CALIFORNIA CONSTITt~IONAL INITIATIVE
OF ALL FINAL IAND USE, SUBDIVISION, AND ANNEXATION
APPROVALS FOR PRIVA'£~bY C~NSD PROPERTY
WHEREAS, a traditional and fuma~mental '%municipal affair" of all local
government is "local control" of all final land use, subdivision, and
annexation approvals for privately owned real property; and
WHEREAS, the California Legislature and state agencies have become more
and more involved in usurping local control of all such matters including,
without limitation:
1. Special state land use bills for developers lobbying at the state
level;
2. Annexation statutes intended to give final annexation decisions
to officials outside the local agency;
The establishmentof various housing mandateswhich (a) require
local agencies to respondtonebulous area-widehousing nc~c~s; and
(b) interfere with local governmental attempts to provide safe,
quiet, pleasant, and economically sound residential areas for its
citizens;
4. Requiring multiple-familyoccupancies in single-family
neighborhoods;
5. Enacting extensive condcmini~nconversion regulations, most of
which areunrelatedtoanyvalid state purpose or concern;
California Environmental Quality Act (C~QA), Local Coastal Plan
(LCP), and similar state regulations, ad infinitum, which far
exc~ any valid state purpose or concern; and
WHEREAS, California state courts have long claimed the sole power to
determine those matters which are mnicipal affairs free fr~n interference
by the state, but said courts have recently tended more and more to uphold
the "pr~-~ption" power of the state and its agencies to interfere with and
negate local control of such matters; and
WHEREAS, we believe that the proper role of the state in such matters
is to prcmulgate uniform statewide procedures and guidelines so that
owners of private property subject to regulation of local agencies will be
assured of due process and equal treatment, but that the substantive provi-
sions and the final decisions of approval for all such matters would be
retained exclusively by the local agency in which the real property will be
situated after the final decision; and
~EAS, the aforesaid state preemption and interference in such local
matters is destroying the ability of local goverm~ent to effectively assert
lo~al control in responding to the ncc~s and desires of its citizens for a
safe, quiet, attractive, and pleasant c~,~nity in which to live and provide
for their families, and it is long past time for local elected officials to
stop acquiescing and to boldly reassert the local agency's role as the
first bastion of democracy; and
WHEREAS, the political realities are such that it would obviously be a
further waste of time, money, and resources for local agencies to seek
assistance frcm the Legislature or the courts to correct this situation,
and the only practical and effective long-term solution is through a
California constitutional amendment which returns the final approval
authority on all land use, subdivision, and annexation matters to the
control of local agencies as a local legislative act and municipal affair;
NOW, THEREFORE, BE IT RESOLVED by the City of Poway as follows:
That the League of California Cities develop and sponsor a
California constitutional initiative restoring and ~ranteeing
the authority for final approval of all land use, subdivision, and
annexation of territory matters for privately owned real property
to the local agency in which the property will be situated sub-
sequent to such approval as municipal affairs and local legislative
acts; and
e
That the proper function of the state, including state courts and
all state agencies, shall be merely to prcmulgate uniform sta-
tewide procedures and guidelines for local agencies considering
annexation, land use and subdivisions matters; provide that no
such procedure or guideline, nor any other state action or policy,
real or imagined, shall ever be interpreted or applied either to
require local agency approval of any such matter, or to authorize
or permit the state to delegate the final approval power in such
matters.
PASS,I), ADOPTED AND APPROVED, by the City Council of the City of Poway,
California, at a regular m~cting thereof this 7th day of August, 1984.
AT~EST:
Marjorie K. Wahlsten, City Clerk