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California Local Land Use and Zoning to Supersede Conflicting State Law Initiative (2022)

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California Local Land Use and Zoning to Supersede Conflicting State Law Initiative
Flag of California.png
Election date
November 8, 2022
Topic
County and municipal governance
Status
Not on the ballot
Type
Constitutional amendment
Origin
Citizens

The California Local Land Use and Zoning to Supersede Conflicting State Law Initiative (#21-0016) was not on the ballot in California as an initiated constitutional amendment on November 8, 2022.

The ballot measure would have provided that a city law on land use policy, zoning, or development standards overrides conflicting state law, with exceptions.[1]

Text of the measure

Ballot title

The ballot title would have been as follows:[2]

Provides That Local Land-use and Zoning Laws Override Conflicting State Laws. Initiative Constitutional Amendment.[3]

Petition summary

The summary provided for inclusion on signature petition sheets was as follows:[2]

Provides that city and county land-use and zoning laws (including local housing laws) override all conflicting state laws, except in certain circumstances related to three areas of statewide concern: (1) the California Coastal Act of 1976; (2) siting of power plants; or (3) development of water, communication, or transportation infrastructure projects. Prevents state legislature and local legislative bodies from passing laws invalidating voter-approved local land-use or zoning initiatives. Prohibits state from changing, granting, or denying funding to local governments based on their implementation of this measure.[3]

Fiscal impact

The fiscal impact statement was as follows:[2]

Fiscal effects of the measure depend on future decisions by the cities and counties and therefore are unknown.[3]

Full text

The full text is available here.

Sponsors

Our Neighborhood Voices is leading the campaign in support of the ballot initiative.[4]

Path to the ballot

See also: Laws governing the initiative process in California

Process in California

In California, the number of signatures required for an initiated constitutional amendment is equal to 8 percent of the votes cast in the preceding gubernatorial election. Petitions are allowed to circulate for 180 days from the date the attorney general prepares the petition language. Signatures need to be certified at least 131 days before the general election. As the verification process can take multiple months, the secretary of state provides suggested deadlines for ballot initiatives.

The requirements to get initiated constitutional amendments certified for the 2022 ballot:

  • Signatures: 997,139 valid signatures were required.
  • Deadline: The deadline for signature verification was 131 days before the general election, which was around June 30, 2022. However, the process of verifying signatures can take multiple months and proponents are recommended to file signatures at least two months before the verification deadline.

Signatures are first filed with local election officials, who determine the total number of signatures submitted. If the total number is equal to at least 100 percent of the required signatures, then local election officials perform a random check of signatures submitted in their counties. If the random sample estimates that more than 110 percent of the required number of signatures are valid, the initiative is eligible for the ballot. If the random sample estimates that between 95 and 110 percent of the required number of signatures are valid, a full check of signatures is done to determine the total number of valid signatures. If less than 95 percent are estimated to be valid, the initiative does not make the ballot.

Initiative #21-0016

John Heath, Bill Brand, Peggy Huang, Jovita Mendoza, and Dennis Richards filed the ballot initiative on August 26, 2021.[5] The Attorney General of California issued ballot language for the initiative on November 1, 2021, allowing a signature drive to begin. Signatures were due on May 2, 2022.

On February 18, 2022, the campaign announced they did not expect to gather enough signatures to meet their signature deadline and would refile the initiative for the 2024 ballot.[6]

See also

External links

Footnotes