HomeMy WebLinkAbout08 - Expressing Support for Actions to Further Strengthen Local Democracy, Authority, and Control as Related to Local Zoning and Housing IssuesQ �EwPpRT
CITY OF
O �
z NEWPORT BEACH
<,FORN'P City Council Staff Report
February 23, 2021
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Grace K. Leung, City Manager - 949-644-3001,
gleung@newportbeachca.gov
PREPARED BY: Tara Finnigan, Deputy City Manager,
tfinnigan@newportbeachca.gov
PHONE: 949-644-3035
TITLE: Resolution No. 2021-15: Expressing Support for Actions to Further
Strengthen Local Democracy, Authority, and Control as Related to
Local Zoning and Housing Issues
ABSTRACT:
In recent years, the California legislature has proposed and passed numerous bills related
to the state's housing crisis. Many of these have eroded local control over zoning and
housing issues. If adopted, Resolution No. 2021-15 would formally express the City of
Newport Beach's opposition to this practice and convey its intention to explore ways to
protect the ability of cities to retain local control over zoning matters.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Adopt Resolution No. 2021-15, A Resolution of the City Council of the City of Newport
Beach, California, Expressing Support for Actions to Further Strengthen Local
Democracy, Authority, and Control as Related to Local Zoning and Housing Issues.
FUNDING REQUIREMENTS:
There is no fiscal impact related to this item.
DISCUSSION:
The City Council's February 9, 2021 agenda included consideration of an item proposed,
per City Council Policy A-1, by Council Member Diane Dixon pertaining to a resolution
expressing support for actions to further strengthen local authority and control. The City
Council unanimously supported placing the item on a future Council agenda.
8-1
Resolution No. 2021-15: Expressing Support for Actions to Further Strengthen Local
Democracy, Authority, and Control as Related to Local Zoning and Housing Issues
February 23, 2021
Page 2
Attached for the Council's consideration is Resolution No. 2021-15. The Resolution
explains that in recent years, the California legislature has proposed and passed
numerous bills related to the state's housing issues. Once signed into law, many of these
bills resulted in a loss of local control over certain zoning and housing matters.
Resolution No. 2021-15 states the City of Newport Beach's opposition to the legislature's
practice of eroding the authority of local jurisdictions in determining the land use policies
best suited for their communities and its intention to explore ways to protect the ability of
cities to retain local control over zoning matters.
Other California cities have also expressed concern over the proliferation of state housing
legislation and mandates that have reduced local control over zoning and housing
policies. According to the website for California Cities for Local Control
(localcontrolca.com), as of February 15, 2021, 45 California cities have adopted
resolutions similar to Resolution No. 2021-15.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
8-2
ATTACHMENT A
RESOLUTION NO. 2021-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, EXPRESSING
SUPPORT FOR ACTIONS TO FURTHER STRENGTHEN
LOCAL DEMOCRACY, AUTHORITY, AND CONTROL AS
RELATED TO LOCAL ZONING AND HOUSING ISSUES
WHEREAS, the legislature of the State of California each year proposes, passes,
and has signed into law a number of bills addressing a range of housing issues;
WHEREAS, time between each legislative cycle is needed to determine if the
legislation previously enacted is successful in bringing about the change for the State of
California's housing issues;
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 mandates that do not take into account the needs and
differences of jurisdictions throughout the State of California;
WHEREAS, the ability of local jurisdictions to determine for themselves which
projects require review beyond a ministerial approval; what parking requirements are
appropriate for various neighborhoods within their jurisdiction; what plans and programs
are suitable and practical for each community rather than having these decisions imposed
upon cities without regard to the circumstances of each individual city; and what zoning
should be allowed for residential properties is a matter of great import to the City of
Newport Beach among other items related to local zoning and housing issues; and
WHEREAS, the City Council of the City of Newport Beach feels strongly that our
local government is best able to assess the needs of our community and objects to the
proliferation of State legislation that deprives us of that ability.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City of Newport Beach is opposed to the current practice of the
legislature of the State of California of continually proposing and passing multitudes of
bills that directly impact and interfere with the ability of cities to control their own destiny
through use of the zoning authority that has been granted to them.
Resolution No. 2021 -
Page 2 of 3
Section 2: The City of Newport Beach will explore various ways to protect the
ability of cities to retain local control over zoning as each individual city within the State
of California is best suited to determine how the zoning in their city should be allocated in
order to meet the housing needs of the community.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution, and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 5: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Resolution No. 2021 -
Page 3 of 3
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 23rd day of February, 2021.
Brad Avery
Mayor
ATTEST:
Leilani 1. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aar&n C. Harp ,
City Attorney
W