Will SJ reclaim local control over zoning?

 

Parish meeting hall, Island of Guernsey. Man vyi, Public domain, via Wikimedia Commons

 

Has SJ had enough of "Sacto made me do it?" Councilmembers George Casey and Domingo Candelas have submitted a memo requesting San Jose re-establish local control over key planning and land use matters. SJ City Council will vote on their memo (below) this Tuesday, September 22.  

{From 9.18 Casey/Candelas memo to Council}

Since 2017, the State of California has passed over 200 new laws on housing and land use, many of which apply financial or legal pressure on cities to allow for development that supersedes local standards and zoning. The increasing scale and scope of these laws have intruded on the ability of cities to make planning decisions that respect the interests and wishes of their voters.

For example, here in San José, we have been required to advance zoning changes that complicate thoughtful mixed-use planning or densify in ways that risk worsening traffic congestion and carbon emissions.

Like-minded cities are proposing a legislative solution to halt the further erosion of local land use authority and go further by restoring powers that were lost in the last few years. Specifically, they propose developing and advancing a state constitutional amendment or other legislative strategy that:

  • Restores and strengthens local authority over housing and land use matters within municipal boundaries, including general plans, housing elements, zoning, density, design and development standards, project siting, and the approval or denial of housing development applications.

  • Preserves the State’s authority to establish broad statewide housing goals and enforce constitutional and civil rights, fair housing requirements, building and life-safety standards, and generally applicable environmental protections, while protecting cities from state actions that compel, through funding conditions or state law, the approval of housing developments that are inconsistent with locally adopted requirements; override local zoning or density standards; or invalidate locally adopted housing or land use decisions when a city has planned in good faith to accommodate its regional housing needs allocation and maintains adequate capacity for housing at all income levels.

Recommendation:

Accept the staff recommendation and direct the City Manager to:

1. Add a policy position to the 2027 Legislative Program supporting legislation that restores and strengthens local control over housing and land use matters such as those identified in the League of California Cities 2026 Annual Conference Resolution No. 11. —SJ CM’s George Casey and Domingo Candelas

{Editor’s note: SJ Council looks to vote on the Casey/Candelas memo on September 22, 20 26.}

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christopher escher