SB 1333 In Assembly Appropriations Committee
Email the Appropriation Committee Members requesting they hold the bill.
Subject: OPPOSE SB 1333
To the Honorable Lorena Gonzalez Fletcher and Assembly members:
Re: We support the following statement and Oppose SB 1333.
SB 1333, a bill now in committee, is specifically tailored to attack Charter Cities constitutional rights to appeal local control over state-mandated zoning and development decisions, after a recent case overturned the state RHINA mandate. It’s another one-size-fits-all approach which ignores the diverse needs of California cities and counties.
SB 1333 also explicitly provides no reimbursement, assuming that new local fees and assessments will cover any program mandated by this Act. Thus, it is an unfunded mandate to benefit “the state” at the expense of local impacts.
Charter cities and counties should oppose SB 1333, to preserve what few rights they have to land use and zoning determination at the local level. Let the courts continue to decide these issues on a case-by-case basis for the individual cities, as concerns arise. Only municipalities can measure new demands on their resources and need the rights to use their land accordingly, not have the state tie their hands!
Source: Carol Gottstein of Alamada County letter Opposing 13331. Her references on Charter Cities: https://www.law.berkeley.edu/files/Albuquerque3_-_Foundational_Aspects_of_Charter_Cities.pdf
Organization (if you belong to one)
Forward this to other engaged people or organizations and encourage them to join you in action.
Lorena S. Gonzalez Fletcher (Chair) 916-319-2080
Principal Consultant: Jennifer Swenson 916-319-2081
Senate Bill 1333
Let’s look at Senate Bill 1333, introduced in February 2018 by state Senator Bob Wieckowski and presently in committee process. The bill aims to alter the Constitutional authority of charter cities by amending the government code.
Government Code Section 65700, Applicability of Chapter 13, Local Planning, says “This chapter shall not apply to charter cities…” SB 1333 changes that to “This chapter shall apply to charter cities…”
Government Code Section 65803, applicability of Chapter 4, Zoning Regulations, says “Except as otherwise provided, this chapter shall not apply to a charter city…” SB 1333 changes that to “This chapter shall apply to a charter city.” The changed rule comes into effect July 1, 2018, “Notwithstanding Section 65803, a development agreement entered into by a charter city before July 1, 2018, shall not be required to comply with this article.”
Legislators’ concerns about their bills being unlawful are present; however, their contention that things need to be fixed in order to ameliorate a crisis takes precedence in their minds… (more)
List of Chartered Cities: https://www.cacities.org/Resources-Documents/Resources-Section/Charter-Cities/Charter_Cities-List