HomeMy WebLinkAbout1984-08-21; City Council; Resolution 77241
2
3
4
5
6
7
a
9
1c
11
1%
12
14
1:
16
11
1E
1C
2(
2:
2;
2:
21
2f
2t
2:
2t
RESOLUTION NO. 7724
A RESOLUTION OF THE CITY OF CARLSBAD
IN SUPPORT OF THE CITIES OF SAN LUIS OBISPO COUNTY URGING THE LEAGUE OF CALIFORNIA CITIES
TO DEVELOP AND SPONSOR A CALIFORNIA CONSTITUTIONAL INITIATIVE RESTORING AND GUARANTEEING LOCAL CONTROL
OF ALL FINAL LAND USE, SUBDIVISION, AND ANNEXATION APPROVAL FOR PRIVATELY OWNED PROPERTY
WHEREAS, a traditional and fundamental "municipal affair" of all local
government is "local control'' of all final land use, subdivision, and annexation
approvals for privately owned real property.
WHEREAS, the California Legislature and state agenices have become more and
more involved in usurping local control of all such matters including, without
limitat ion:
I.
2.
3.
4.
5.
6.
//I
I//
I//
Special state land use bills for developers lobbying at the state
level;
Annexation statutes intended to give final annexation decisions to
officials outside the local agency;
The establishment of various housing mandates which (a) require local
agencies to respond to nebulous area-wide housing needs; and (b)
interfere with local governmantal attempts to provide safe, quiet,
pleasant, and economically sound residential areas for its citizens;
Requiring multiple-family occupancies in single-family neighborhoods;
Enacting extensive condominium conversion regulations, most of which
are unrelated to any valid state purpose or concern;
California Environmental Quality Act (CEQA), Local Coastal Plan (LCP),
and similar state regulations, ad infinitum, which far exceed any valic
state purpose or conern; and
1
2
3
4
5
6
7
e
9
1c
11
12
12
14
1:
1E
17
I€
1s
2c
21
2:
22
24
25
2E
27
2E
WHEREAS, California state courts have long claimed the sole power to
determine those matters which are municipal affairs free from interference by
the state, but said courts have recently tended more and more to uphold the
"preemption" 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
promulgate uniform statewide procedures and guidelines so that owners of private
property subject to regulation of local agenices will be assured of due process
and equal treatment, but that the substantive provisions 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
WHEREAS, the aforesaid state preemption and interference in such local
matters is destroying the ability of local government to effectively assert
local control in responding to the needs and desires of its citizens for a safe,
quiet, attractive, and pleasant community 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 from 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;
/I/
//I
1
2
3
4
5
6
7
8
9
10
11
12
12
14
15
1E
l'i
1E
1s
2c
21
22
2:
24
2E
2E
27
2E
NOW, THEREFORE, BE IT RESOVLED by the City of Carlsbad as follows:
1. That the League of California Cities develop and sponsor a California
constitutional initiative restoring and guaranteeing 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 subsequent to such approval as
municipal affairs and local legislative acts; and
2. That the proper function of the state, including state courts and all
state agencies, shall be merely to promulgate uniform statewide
procedures and guidelines for local agencies considering annexation,
land use and subdivision matters; provide that no such procedures 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.
PASSED, ADOPTEB AND APPROVED, by the City Council of the City of Carlsbad,
California, at a regular meeting thereof this 21st day of Auqust 9
1984.
AYES:
NOES: None
muncil-rs Casler, Lewis, Kulchin and Prescott
ABSENT : C!ouncil &!embzc Chick
J I MARY H.&ASLER, Mayor
ATTEST:
KRhN R. KuNMlZ, Deputy
( SEAL 1