CC Resolution 2004-027
r
I
I RESOLUTION NO. 2004-027
I
\
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, OPPOSING S8 744 (DUNN)
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 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 ho~ing
costs and can increase the costs of affordable housing by over 20.percent.. . '\
¡-
, WHEREAS, the League of California Cities and other California cities are
I
strongly opposed to Senate Bill 744.
,.
Resolution 2004-027
Opposition to SB 744 (Dunn)
Adopted: February 17. 2004
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, 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 at a regular meeting of the La Quinta
City Council held on this 17th day of February, 2004, by the following vote to wit:
AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
~~~~E~~
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
~~6rneY
City of La Quinta, California
~--~ ,,- -