Zoning is a city responsibility, ceding it to Sacto a grievous mistake, says governance expert

At a recent San Jose Rules Committee meeting, CM's Peralez, Arenas, and Jones shut down discussion of CM Dev Davis' motion to oppose SB9--a pending state bill that would delegate SJ's zoning authority to the State government. Torrance Mayor Pro Tem and Founder of California Cities for Local Control (CCLC), Mike Griffiths, explains how the State Constitution gives authority to local governments, not the State, when it comes to zoning, and why fearful politicians try to pass the buck to the State government to avoid democratic accountability. An Opportunity Now exclusive interview.

Opp Now: Historically, which government entity has been responsible for local zoning?
Mike Griffiths: It's always been understood to be the entity closest to the property. So it's been cities and counties where there is unincorporated property. This is expressly stated in the California State Constitution: zoning is a local government responsibility (see nearby). In fact, when Sacramento passes bills like SB 9, they have to put a clause in the bill saying they can bypass the State Constitution because the issue has somehow become a statewide concern.

ON: Wait, how can the State legislature just bypass the Constitution, local control, and historic precedent?
MG: It is unclear to me that there is any authority for the State to do this. I can't find any legal decision or even discussion about when and how the state can make judgements that supersede the Constitution.

ON: Let's take a look at the politics of the issue. Why on Earth would a local government even want to abdicate land use planning to the state? Why even have cities?
MG: If I cared about my local community more than I cared about my personal political future I would fight to keep the control. If I and a majority and my colleagues want to upzone our city, and our constiuents support it, that's our right. So why cede that right? Perhaps it's because local city officials are more accountable: they are on the front lines of being voted into office. If I wanted to hide my position on this issue, if I didn't have the fortitude to take a stand, maybe then I would cede authority. Remember, the people in Sacramento are very distant from the people who vote them in. Most people have no idea who their state reps are.

ON: Well, that begs the question: what do Californians think about upzoning?
MG: Nearly 70 percent of residents in California are opposed to these kind of housing and zoning changes (see poll data here: https://www.aidshealth.org/wp-content/uploads/2021/08/DBR-0721-CA-Housing-Results-V1.pdf). if I am a local official and i have 70 percent against something, it's political suicide to support it. So rather than commit suicide at the local level, politicians will just let Sacramento do it and pass the buck. It's like a machine in action: it just moves relentlessly and is unresponsive to feedback. Sadly politicians in Sacramento feel they have become invincible--they feel they can do anything they want and please whatever special interests is feeding them.And if the public is not paying attention, they will get away with it.

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