LA PALMA : Proposed Citizen Role in Rezoning Punctured

Some residents would like to vote on any proposal to rezone public land, but City Atty. Joel D. Kuperberg said such a policy would conflict with state laws.

In September, several residents told the City Council they were concerned about Anaheim Union High School District’s proposal for residential development of part of the Kennedy High School grounds. The residents urged the council to adopt an ordinance requiring a citywide vote for such a project.

In a written report to the City Council, Kuperberg said the proposal, which he called “an automatic initiative requirement,” would raise legal questions.

“The automatic initiative requirement restrains the ability of the city to provide its share of affordable housing,” Kuperberg said. State law requires every city to provide a certain percentage of its total housing for lower-income families, he said.

Kuperberg also said that a requirement for citywide votes on some zoning matters “may violate the equal protection clause of the state and federal constitutions.”

Council members have told the concerned residents that so far the high school district’s land-development proposal is only preliminary. The district has not submitted to City Hall any request for rezoning.