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R-011-22 Expressing Support for the “Brand-Huang-Mendoza Tripartisan Land Use Initiative” to Amend Article XI of the Constitution of the State of california to make Zoning and Land Use Community Affairs, and not of State Interest
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R-011-22 Expressing Support for the “Brand-Huang-Mendoza Tripartisan Land Use Initiative” to Amend Article XI of the Constitution of the State of california to make Zoning and Land Use Community Affairs, and not of State Interest
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Last modified
2/7/2023 4:27:38 AM
Creation date
3/3/2022 8:42:26 AM
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City Clerk
Agenda Type
City Council
CC - Doc Type
Resolution
Date
2/15/2022
Resolution No.
R-11-22
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if that provision, ordinance, or regulation conflicts with a state statute with regard to only the <br />following: <br />(1) The California Coastal Act of 1976 (Division 20 (commencing with Section <br />30000) of the Public Resources Code), or a successor statute. <br />(2) The siting of a power generating facility capable of generating more than 50 <br />megawatts of electricity and the California Public Utilities Commission has determined <br />that a need exists at that location that is a matter of statewide concern. <br />(3) The development or construction of a water, communication or transportation <br />infrastructure project for which the Legislature has declared in statute the reasons why <br />the project addresses a matter of statewide concern and is in the best interests of the <br />state. For purposes of this paragraph, a transportation infrastructure project does not <br />include a transit -oriented development project, whether residential, commercial, or <br />mixed -use. <br />(c) No modification to appropriations for state funded programs shall occur, and no state <br />grant applications or funding shall be denied as a result of the application of this section. No <br />benefit or preference in state appropriations or grants shall be given to an entity that opts not <br />to utilize the provisions of this section. <br />(d) The provisions of this section are severable. If any provision of this section or its <br />application is held invalid, that invalidity shall not affect other provisions or applications that <br />can be given effect without the invalid provision or application. <br />SECTION 4. Section 7 of Article XI of the California Constitution is amended to read: <br />SEC. 7. (a,) A county or city may make and enforce within its limits all local, police, sanitary, <br />and other ordinances and regulations not that are not, except.as provided iri subdlvisioh'!b): in <br />conflict with general laws. A county or city.may noY upersede or otherwise -interfere withanv <br />the PublicResourcesCo "A _ora successor statute. <br />M) An-.ordinance_or regulation that addresses the siting o 4 power, Reneradng, <br />facility capable of generating more than 50 megawatts of electricity. and the <br />California Public Utilities .Commission has .determined that a.need exists at that <br />.. _._.... . <br />location that is a matter of statewide concern. <br />58277666A <br />
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