HomeMy WebLinkAboutAgenda Statement 1973/08/28 Item 08AGENDA ITEM, NO. [ 8 ]
A.
CHULA VISTA CITY COUNCIL MEETING OF: August 28, 1973
Resolution - Taking a position on AB 2610 which requires that whenever
ITEM TITLE: the fair market value of real property decreases due to a change in
the zoning classification of the property, the city (or county)
responsible for the zoning change must pay to the owner of the real
property the amount of the decrease in value if the owner files a claim
INITIATED BY: Director of Planning
BACKGROUND
AB 2610 was introduced on August 9, 1973 by San Diego Assemblymen Wilson and Deddeh.
It requires a city, whenever the fair market value of real property decreases due to
a rezoning, to pay the property owner the amount of the decrease if the owner files
a claim.
B. ANALYSIS
Present laws clearly allow local rezoning of property, regardless of its effect on
market value as long as the rezoning does not totally deprive the owner of some use
of the land. Thus, this bill proposes a radical restriction on the traditional police
powers of local government. No lien is given the public agency for any increase in
the market value of property resulting from a rezoning. Certainly a lien should not
be given to a property owner whose property is justifiably down-zoned.
The bill represents a significant erosion of the police powers of local governmental
bodies and has a potential for causing huge sums to be paid to property owners. It
is even conceivable that a property owner who owns commercial property for which there
is no market would apply for a down-zoning in order to cash in on a zoning error which
may have been committed by a previous, permissive or misguided legislative body.
ATTACHED: Resolution [~ Ordinance [ ] Agreement [ ] Plat [ ]
See EXHIBITS [X] No. 1
Financial Statement:
Commission-Board Recommendation: N.A.
De artment Head Recommendation: Adopt a resolution (1)
ssem ymen a ie e e to withdraw his sponsorship of
other legislative bodies in San Diego County to take a
City Manager Recommendation:
Concur with Department Head
opposing AB 2610 and urging
the bill; and (2) urging
similar action.
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