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Staff Report

Commerce City Council
May 24, 2022

Document
Staff Report
Meeting
May 24, 2022
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Commerce City Council
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2
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CITY OF COMMERCEAGENDA REPORTCITY OF COMMERCEAGENDA REPORT

CITY OF COMMERCE

AGENDA REPORT

CITY OF COMMERCE

AGENDA REPORT
Item No. Item No.

Item No.

Item No.

TO: Honorable City Council
FROM: City Manager
SUBJECT: Consideration of Letter of Opposition to AB 2011(Wicks) Affordable Housing and High Road Jobs Act of 2022 Meeting Date: May 24, 2022
RECOMMENDATION:

The City Council will consider staff’s recommendation to authorize the issuance of a letter of opposition to AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022.

ANALYSIS:

AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022 California is a geographically and demographically diverse state, which is reflected in its 482 cities and 58 counties. Local elected officials are charged by the California Constitution with protecting the many needs of their citizens. One way local governments do this is by determining the optimum balance of land uses, such as residential, commercial and industrial uses, in their community.

Local officials balance the need for additional housing with the need to create jobs and spur economic growth to fund essential local services like police and fire departments. Where appropriate, those officials enact ordinances to shape their communities based on local conditions and desires. These planning actions and decisions take place within the confines of state laws that require local governments to plan and zone for new housing, subject to certification by the California Housing and Community Development Department, and under threat of fines for improper denial.

Enacting AB 2011 would disregard state-mandated local planning efforts and would force cities to ministerially allow certain affordable housing and mixed-use housing developments in zones where office, retail, or parking are a principally permitted use regardless of any inconsistency with a local government’s general plan, specific plan, zoning ordinance, or regulation. In addition, it would restrict the City’s ability to designate certain areas for commercial and retail activity only, regardless of whether housing is a compatible use.

And finally, AB 2011 would require that a local government ministerially approve these projects, without condition, discretion, or a public hearing that would allow members of the community to participate in the process.

It is recommended that the City of Commerce uphold local government decision-making and community involvement in the housing planning and approval process, and stop the process of undermining local planning, and stop this one-size-fts all approval to land use policy that fails to recognize or incorporate local flexibility, decision making or the need to create jobs and spur economic growth to fund essential local services like police and fire departments.

ALTERNATIVES:

Approve staff’s recommendation; or
Provide staff with further direction as the City Council may deem best.

FISCAL IMPACT:

This activity may be carried out without additional impact on the current operating budget.

RELATIONSHIP TO STRATEGIC plan:

This matter is applicable to the following Strategic Focus Area and Guiding Principle: Community Quality of Life – Guiding Principle 4: Support and evaluate community services, programs and events that promote healthy and quality lifestyles for our residents.

Recommended by: Edgar P. Cisneros, City Manager
Approved As To Form: Noel Tapia, City Attorney
Respectfully Submitted: Lena Shumway, Director of Administrative Services and City Clerk Attachments:

Letters of Opposition

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