HomeMy WebLinkAbout7387 RESOLUTION NO. 7387
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, OPPOSING CALIFORNIA SENATE BILL 9 —
HOUSING DEVELOPMENT: APPROVALS AND CALIFORNIA SENATE
BILL 10 — PLANNING AND ZONING: HOUSING DEVELOPMENT:
DENSITY
WHEREAS, under the California Constitution, charter cities are granted exclusive
authority over municipal affairs, which include zoning and housing regulations; and
WHEREAS, on December 7, 2020, State Senators Atkins, Caballero, Rubio, and
Wiener introduced Senate Bill 9 ("SB 9") - Housing Development: Approvals; and
WHEREAS, on April 5, 2021, and April 27, 2021, SB 9 was amended from its
original form in the California State Senate; and
WHEREAS, SB 9 would exempt a development containing two residential units
on parcels zoned for single-family residential development from local ordinances that
limit maximum residential density, setbacks, and minimum parking spaces, and allows
for by-right development without approval of the City of Arcadia, undermining local
control of the City's development authority as it pertains to height limitations, density,
parking requirements, and design review standards; and
WHEREAS, SB 9 would enable by-right approval of the subdivision of single-family
zoned parcels ("urban lot split") from one to two parcels effectively by-passing
development, zoning and design guidelines set forth by the City; and
WHEREAS, on December 7, 2020, State Senator Wiener introduced Senate Bill
10 ("SB 10") — Planning and Zoning: Housing Development: Density; and
WHEREAS, on February 24, 2021, March 22, 2021, April 13, 2021, April 27, 2021,
and May 26, 2021, SB 10 was amended from its original form in the California State
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Senate; and
WHEREAS, on June 14, 2021, June 24, 2021, and July 5, 2021, SB 10 was further
amended in the California State Assembly; and
WHEREAS, SB 10 would authorize cities to rezone certain parcels allowing up to
10 units of residential density on a lot, plus four accessory dwelling units ("ADUs"), without
the decision being subject to the California Environmental Quality Act ("CEQA"), provided
the parcel is located in either a transit-rich area or an urban infill site; and
WHEREAS, by exempting the rezoning of said parcels from the provisions of the
California Environmental Quality Act ("CEQA"), SB 10 minimizes the choice of the local
agency and its constituents to review potential environmental impacts resulting from such
action; and
WHEREAS, SB 9 and SB 10 would undermine the City's adopted General Plan
Housing Element, and Development Code; and
WHEREAS, the California Legislature is pre-empting the City's home rule by
including provisions in laws that compel the City to do the bidding of the state under
the guise that the matter is of statewide concern.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
SECTION 1. For the forgoing reasons, the City of Arcadia opposes SB 9 and
SB 10 and strongly urges its legislative delegation in Sacramento to vote NO on both
bills.
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SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 17th day of August, 2021 .
Mayor of th-l'ity of Arcadia
ATTEST:
Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 7387 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 17th day of August, 2021 and that said Resolution was adopted by the
following vote, to wit:
AYES: Beck, Chandler, Verlato, Cheng, and Tay
NOES: None
ABSENT: None
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C's"Cle r "'7 ity of Arcadia
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