RESOLUTION NO. 24-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A LETTER IN OPPOSITION TO ASSEMBLY BILL 1886 (ALVAREZ) AND CAUSE THE DELIVERY OF SAID LETTER TO THE CHAIR OF THE CALIFORNIA STATE ASSEMBLY’S LOCAL GOVERNMENT COMMITTEE WHEREAS, Assembly Bill (AB) 1886, as proposed, is an example of the continued erosion of local decision making from local government entities, and removes fundamental provisions of the Housing Element law; and WHEREAS, AB 1886, as proposed, promotes diversion of local control over existing components of its current general plan adoptions, development standards, and planning/entitlement process; and WHEREAS, AB 1886 encourages the use of the “Builder’s Remedy” by eliminating self-certification of a Housing Element by a local legislative body and counters the intent of having a Housing Element in effect that is legally compliant; and WHEREAS, in partnership with CalCities, the City Council desires to communicate to the State Legislature that AB 1886 is counterproductive to the statewide housing construction initiative and promotes an unnecessary path for developers to bypass local development requirements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Clemente that:
Section 1. The City Council of the City of San Clemente opposes AB 1886 on the following grounds:
It removes local control and allows developers to use the “builder’s remedy”, which in turn could be used to construct project(s) that is/are inconsistent with the City’s General Plan, development standards, and planning review/entitlement process; and It would hinder the City’s ability to self-certify its housing element in the event that HCD disagrees with its assertion that the Housing Element is in “substantial compliance with housing element law”.
Section 2. The City Council authorizes the Mayor to execute and cause the delivery of the letter in opposition to AB 1886 in a form substantially similar to that presented to the City Council on May 7, 2024.
Section 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, 2023.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-70 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 24-70 Page No. 2
ATTACHMENT 1