MB Council gave away our zoning power with a Bad Law
Analysis from a retired Administrative Judge/Lawyer
A Power Giveaway
Virtually every reference guide on Municipal Law begins with the premise that a City has the police power to protect the public health, safety, and welfare of its residents. This power allows Cities to establish land use and zoning laws which govern the development and use of the community. This right of the City is set forth in the California Constitution XI, Sec 7:
“A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general (Federal) laws.”
The ability to enact ordinances and zoning laws to protect the health, safety, and welfare of citizens is a power Constitutionally given to Cities, it is NOT derived from State Legislature.
That is unless that City voluntarily gives up its Constitutional powers to the State. And, what City would be so foolish as to do that? What City Council would voluntarily give away Municipal power and thereby abandon its responsibility to protect the health, safety, and welfare of its citizens through its zoning powers? Who? Manhattan Beach City Council of 2013, that’s who.
In 2013, the MB City Council was under the tutelage of David Lesser, Amy Howorth, and Mark Burton. Yes, the very same 3 who are running for City Council now. Together they created and passed Ordinance 13-0006, an ordinance that relinquished City control over its zoning laws and yielded our City’s power to the State of California to determine density and use of Manhattan Beach real estate.
The State of California in 1978 (think Jimmy Carter era), passed CA Gov. Code 65915 to usurp local zoning controls where a developer promises to build low-income housing but is given a bonanza in exchange. It essentially put zoning in the hands of the developers, not the Cities. Subsequent bills then mandated all the Cities of California to comply.
The code was little known until 2013. Instead of standing on the Constitutional right of the City to control its own zoning, Manhattan Beach, then led by Mayor David Lesser, and unanimously passed by the other 4 Councilmembers at the time, including Amy Howorth and Mark Burton, capitulated and complied by passing MB Ordinance 13-0006, which states in part 94.010…
“A.94.010. General Affordable Housing Provisions A. State Law Governs. The provisions of this chapter shall be governed by the requirements of Government Code Section 65915, as that statute is amended from time to time. Where conflict occurs between the provisions of this chapter and State law, the State law provisions shall govern, unless otherwise specified.”
A power giveaway!
Now we have monstrosities such as HighRose rising 4 stories above the beach instead of the 30-foot limit of Manhattan Beach…and look where Redondo and Santa Monica are headed!
Well, like it was said in the classic movie Poltergeist, “They’re Back!” Lesser, Howorth, and Burton at the ready to sell Manhattan Beach out, again!
Imagine what other rights can be given away. MB Police to LA Sheriff’s Dept; MB Fire Dept to LA County Fire; Bruce’s Beach to the Woke. Such possibilities!
Fool me once, shame on you! Fool me twice, shame on me!
~A 30+ year resident who reads with a legal mind applied to experience.
MBStrong Voter Guide: Candidates at a Glance
Our recommendations go to the highest Star ranking candidates listed below. To read our research on our candidate ranking decisions, see the full Voter Guide HERE.
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Where to vote in person:
MB has added voting centers:
Sat. 11/5 - Mon. 11/7: 10:00 AM to 7:00 PM
Tues. 11/8: 7:00 AM to 8:00 PM.
Joslyn Community Center Auditorium 1601 N. Valley Drive.
Manhattan Heights Community Center 1600 Manhattan Beach Blvd.
OTHER LOCATIONS: according to lavote.gov
Hermosa Kiwanis Club
2515 Valley Dr, Hermosa Beach
Hours: Beginning Saturday 10/29 - 11/7: 10 AM - 7 PM
11/8: 7 AM - 8 PM
Dockweiler Youth Center
12505 Vista Del Mar, Playa Del Rey
Hours: Beginning Saturday 10/29 - 11/7: 10 AM - 7 PM
11/8: 7 AM - 8 PM
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