Attorney warns proposed zoning ordinance may violate state law; says litigation likely

Pat McKnight, an attorney representing property owners on Coleman and Craig Road, spoke during the city council’s first public forum on Feb. 4 to object to Ordinance 3270 as introduced.

McKnight said the ordinance "omits the option for multifamily," arguing that state law requires municipalities to authorize both multifamily housing and mixed-use residential development as by-right uses of certain commercial properties. He quoted an analysis from the Legislative Counsel Bureau and told the council that Assemblywoman Sandra Araghi "has also weighed in and authorized me to tell you that she opposes this and to let you know that if it is adopted, it will be a violation of AB 241. And there will be, unfortunately, some litigation to follow."

City staff characterized Item 21 as an introduction to an amendment to Title 17 related to permitted uses and the use-specific standards that would allow mixed use with a residential component on property zoned for commercial use; the matter was presented as "for introduction only." McKnight offered to address the council again when the item is formally introduced for action.

The transcript records McKnight’s warning and his representation of property owners, but it does not contain a response from a council member or staff that resolves the legal issue during the meeting. The council did not take final action on Ordinance 3270 during the session; it remained at the introduction stage according to the agenda language read into the record.