CNA Opposition Letter to SB744

Date: June 19, 2004

To: Governor Arnold Schwarzenegger

From: Council of Neighborhood Associations

RE: SB 744 (Dunn) CNA Notice of Opposition

Dear Governor Schwarznegger:

The Council of Neighborhood Associations (CNA) represents thousands of Berkeley residents. We strongly oppose SB 744, and to urge you to reject this measure. Berkeley's complex land use approval process is a work in progress, considering and balancing all stakeholder interests. We recently concluded an extensive permitting process task force review. 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 denied approval, or granted conditional approval, by a local agency. The arbitrary clause, "not reasonable", as a cause of action for an appeal is subjective and gives unfair advantage to a developer to subject the community to a state mandated decision that undermines the wisdom of the local authority.

Appeals benefiting private developers will be financed using California's scarce general fund monies. Affordable housing developers already substantially benefit from HUD, Proposition 46, private foundation, and tax credit monies. Berkeley proactively met its fair share of affordable housing as determined by the Association of Bay Area Government's regional housing recommendations. Additional mandates issued by the State are unnecessary and unwarranted.

California's fiscal deficit is sufficiently grave that developer incentives must be prioritized lower than school, library, police department, and fire department funding. These essential services ensure the quality of life and safety of California residents. SB 744 will add to the accumulation of recently passed state legislation that financially burdens California residents while dismantling CEQA, and disenfranchising local residents. SB 744 further transfers local land use authority to the state, and supports aggressive development incentives over the welfare of communities and their elected representatives who may be adversely affected.

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