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R 1767 , , , , -~ RESOLUTION NO. 1767 , \ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUPPORTING RESOLUTION #87 (A RESOLUTION OF THE MAYORS OF ALL CITIES IN 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, SUB- DIVISION, AND ANNEXATION APPROVALS FOR PRIVATELY OWNED PROPERTY) AS ADOPTED AT THE ANNUAL LEAGUE CONFERENCE FOR COMMITTEE REVIEW WHEREAS, the Mayors of all cities in San Luis Obispo County have determined that 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; and WHEREAS, the Mayors of all cities in San Luis Obispo County have determined that the California Legislature and state agencies have become more and more in- volved 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 purporting to give final annexation decisions to officials outside the local agency; 3. The establishment of various housing mandates which (a) require local agencies to respond to nebulous area-wide housing needs; and (b) ",interfere with local governmental attempts to provide safe, quiet, pleasant, and economically sound residential ~reas for its citizens; 4. Requiring multiple-family occupancies in single-family neighborhoods; 5. Enacting extensive condominium conversion regulations, most of which are unrelated to any valid state purpose or concern; 6. California Environmental Quality Act (CEQA), Local Coastal Plan (LCP) , and similar state regulations, ad infinitum, which far exceed any valid state purpose or concern; and WHEREAS, the Mayors of all cities in San Luis Obispo County have determined that 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 I WHEREAS, the Mayors of all cities in San Luis Obispo County have determined 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 agencies will be assured of due process and equal treatment, but that the substantive provisions and the final decisions of approval of 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 Mayors of all cities in San Luis Obispo County have determined the aforesaid state preemption and interference in such local matters is destroy- ing 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 Mayors of all cities in San Luis Obispo County have determined that the political realities are such that it would obviously be a further waste of time, mqney, 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; ---.- \ -!". "'yI" , NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby support Resolution #87 as adopted at the Annual League Conference for committee review and does support the recommendations contained within by the Mayors of all cities in San Luis Obispo County as follows: l. 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 consider- ing annexation, land use and subdivision matters; provided 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 powe.r in such matters. On motion by Council Member Millis, seconded by Council Member Ga 11 aghe r , and on the following roll call vote, to wit: AYES: Councilmen Gallagher, Hogan, Millis, Vandeveer and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 22ndday of May 1984. -/tJ'~ xinud~ MAYOR ATTEST: I , Irg j n j a L. Culp, Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispot State of Californiat do hereby certify that the foregoing Resolution No. 1767 is a truet full and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 22nd day of May 1984. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of May 1984.