BANA Opposition Letter to SB744

Date: June 19, 2004

To: Governor Arnold Schwarzenegger

From: Berkeley Alliance of Neighborhood Associations

RE: SB 744 (Dunn) BANA Notice of Opposition

Dear Governor:

The Berkeley Alliance of Neighborhood Associations (BANA) represents Berkeley residents. We are writing to express our strong opposition to SB 744 (Dunn) and to urge you to reject this measure. Berkeley's complex land use approval process is a work in progress that attempts to consider and balance all of the stakeholder interests. We recently concluded an extensive task force review of the permitting process, and a diverse group of residents and City officials reached substantial agreement on policies and procedures. SB 744 would strike a blow at our local democracy, make a mockery of our hard work, and upset the delicate balance we are trying to achieve.

The bill gives authority to the California Department of Housing and Community Development (HCD) to overturn local land use decisions after hearing appeals from affordable housing development applicants who were previously denied approval or granted conditional approval by a local agency. This measure gives a developer an avenue to overturn conditions imposed on a project by a local agency by arguing to HCD that the conditions are "not reasonable." The Department is empowered to "order" the local agency to modify or remove any such condition, and the developer and panel can enforce this decision in court.

This measure continues the trend of transferring local land use authority to the state, and places the interests of developers over the interests of the communities affected by development and their elected representatives. Even without SB 744, developers have recourse to the courts under Anti-Nimby Law [Section 65589.5 of the Government Code]. This additional measure is unwarranted and excessive.

For the above stated reasons, we strongly oppose SB 744.

Sincerely,

Marie Bowman
President

cc: Assemblyman Alan Lowenthal,Chair,
Assembly Housing and Community Development Committee

Assemblyman Simon Salinas,Chair,
Assembly Local Government Committee

Dan Carrigg, League of California Cities

Senator Don Perata, Senator District 9