HomeMy WebLinkAboutAgenda Report - August 18, 2010 D-17AGENDA ITEM b 4= 1
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COUNCIL COMMUNICATION
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AGENDA TITLE: Authorize the Mayor, on Behalf of the City Council, to Send a Letter of
Opposition to AB 602 (Feuer), Land Use - Cause of Actions and Time
Limitations
MEETING DATE: August 18,2010
PREPARED BY: Konradt Bartlam, Interim City Manager
RECOMMENDEDACTION: Authorize the Mayor, on behalf of the City Council, to send a letter
of opposition to AB 602 (Feuer), Land Use - Cause of Actions and
Time Limitations.
BACKGROUND INFORMATION: The City was asked by the League of California Cities to oppose AB
602 and send a letter of opposition regarding the same to specific
members of the Legislature.
Existing law allows opponents cf a local legislative body's zoning and planning decision one year to file
an objection if it meets certain requirements. If the decision relates to the supply of affordable housing,
the opposition has 60 days after the notice is filed or the legislative body takes a final action in response
to the notice, whichever occurs first.
This bill would authorize the notice to be filed any time after an action to adopt, amend, or revise a
housing element. Essentially, this bill would create an unlimited statute of limitations to challenge land
use planning decisions. For these reasons, it is recommended that local governments oppose the
proposed legislation.
FISCAL IMPACT: Not applicable at this time.
FUNDING AVAILABLE: Not applicable at this time.
Konradt Bartlam
Interim City Manager
APPROVED: ®-—�-.
Konradt Bartlam, Interim City Manager
CITY COUNCIL
PHIL KATZAKIAN, Mayor
SUSAN HITCHCOCK,
Mayor Pro Tempore
BOBJOHNSON
JOANNE MOUNCE
LARRY HANSEN
August 18,2010
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodi.gov citvclerk(a)lodi.gov
The Honorable Mike Feuer
State Capitol Building, Room 3146
Sacramento, California 95814
KONRADT BARTLAM,
Interim City Manager
RANDI JOHL, City Clerk
D. STEPHEN SCHWABAUER
City Attorney
SUBJECT: Notice of Opposition to AB 602 (Feuer): Land Use and Planning:
Cause of Actions: Time Limitations
Dear Assembly Member Feuer:
The City of Lodi opposes AB 602. This bill creates an unlimited statute of limitations period for
claims arising out of a number of housing statutes, including the Housing Element, Density
Bonus, and Housing Accountability Act (Anti -NIMBY law). In contrast, all other similar
challenges to land use and zoning decisions must be made in 60 to 90 days.
Short statute of limitation periods generally apply to land use and zoning decisions in order to
promote certainty for planning agencies and property owners. Once a decision is made, an
owner can proceed to obtain permits and establish new uses, businesses, and jobs for the
community. This bill would permit those that have a particular perspective to single out
actions (and be awarded attorneys fees) years after a particular decision has been made,
creating uncertainty precisely at the time when local governments are doing everything they
can to encourage projects and economic development.
AB 602 is also troubling because the expansion of the housing element and other laws (such
as the density bonus law) over the past two decades provide a great deal of legal fodder from
which a plaintiff can use to sue. The language of this exception is very broad, and many of the
standards included in the statutes to which it would apply are not written precisely. These
factors make local agencies especially vulnerable.
Finally, the current economic downturn must be taken into account. Many cities are
eliminating planning staff because of lost revenues. This means that cities will have difficulty
complying with a myriad of new planning mandates with housing, fire protection, water
conservation, flood protection, and greenhouse gas emissions. Put simply, cities are being
asked to do more planning with less staff. AB 602 just assures that cities will continue to pay
for this lack of resources well into the future (though liabilities, costs of defense in all cases,
and attorneys fees in cases lost).
For these reasons, the City of Lodi is opposed to AB 602.
Sincerely,
Phil Katzakian
Mayor