logo
  • Home
  • About Us
    • Our Firm
    • Our People
    • Diversity, Equity & Inclusion
  • Practice Areas
    • Environmental Law
    • Municipal & Public Agency Law
    • Clean Energy Law
    • Local Ballot Measures
    • Tribal Law
    • Litigation & Appeals
  • News
    • Updates and Articles
    • Where We Work
  • Legal Hiring
  • Contact Us
Search For

415-552-7272

logo
  • Home
  • About Us
    • Our Firm
    • Our People
    • Diversity, Equity & Inclusion
  • Practice Areas
    • Environmental Law
    • Municipal & Public Agency Law
    • Clean Energy Law
    • Local Ballot Measures
    • Tribal Law
    • Litigation & Appeals
  • News
    • Updates and Articles
    • Where We Work
  • Legal Hiring
  • Contact Us
Search For

415-552-7272

  • Home
  • About Us
    • Our Firm
    • Our People
    • Diversity, Equity & Inclusion
  • Practice Areas
    • Environmental Law
    • Municipal & Public Agency Law
    • Clean Energy Law
    • Local Ballot Measures
    • Tribal Law
    • Litigation & Appeals
  • News
    • Updates and Articles
    • Where We Work
  • Legal Hiring
  • Contact Us

Understanding Recent Changes to Local Initiative Processes

August 29, 2019

The California Constitution enshrines the rights of voters both to propose new laws and to respond to those passed by their elected officials. The laws regarding such initiatives and referenda are complex and ever-evolving, and the last year was no exception. A published appellate court decision clarified the intersection of development agreements and initiatives, and a change to the elections code has provided public officials with more flexibility—and more risk—around initiatives. 

Ballot initiatives may not be used to adopt development agreements 

The California Court of Appeal ruled unanimously in August of last year that local ballot initiatives may not be used to adopt development agreements for private development projects. The initiative challenged in this action would have authorized construction of the World Logistics Center (WLC) in the City of Moreno Valley, in Riverside County. The 40-million-square-foot center was planned to be one of the largest warehouse facilities in the world.  

A developer had put forward an initiative in 2015 to gain approval of a development agreement for the WLC project. If successful, the developer would have avoided review—and associated litigation—under the California Environmental Quality Act (CEQA). When presented with a certified citizens petition for the initiative, rather than placing the initiative on the ballot for the voters to consider, the Moreno Valley City Council adopted the development agreement initiative outright. Several environmental and environmental justice groups challenged the city’s action, but the superior court upheld that action. The appellate court reversed the decision. 

The appellate court’s published decision in Center for Community Action v. City of Moreno Valley clarified an important principle in state land use law. The ruling stated that, while voters may take action to challenge development agreements after they have been approved by a city council via referendum, they may not adopt such agreements via initiative. The initiative process, the appellate court reasoned, is inconsistent with the fundamental concept that a development agreement is a negotiated contract between the developer and the city. The court found “clear evidence that the Legislature intended to exclusively delegate approval of developments to governing bodies and to preclude the right of initiative.” 

This is the first time that an appellate court has addressed the issue of whether project proponents may use the initiative power to adopt development agreements. Moving forward, cities and counties will need to carefully evaluate initiatives proposed to facilitate development entitlements to ensure that such initiatives do not run afoul of this new ruling.    

A change to the elections code 

The California State Legislature recently updated the state’s elections code to allow local initiative proponents to withdraw a petition at any time before 88 days prior to an election, whether or not the petition has been found sufficient by the elections official. Initiatives may be withdrawn by providing a notice of withdrawal signed by all proponents and the appropriate elections official. Statewide initiatives can already be withdrawn in this manner, and the legislature is currently considering whether to add a similar mechanism for referendum petitions.  

This change provides local governments with more flexibility to reach mutually agreeable solutions after receiving an initiative petition. Elected officials can now work with initiative proponents to identify superior alternatives to the language included in any given initiative; if negotiations prove successful, proponents now have time to remove the item from the ballot. 

However, this flexibility can be a double-edged sword. For example, advocates cried foul after the soda industry wielded a draconian statewide ballot initiative to force legislators to the table on a statewide ban on soda taxes, knowing they could later withdraw the initiative. Cities and counties are encouraged to consult their attorneys about mechanisms to address such tactics.  

For more information, contact SMW attorney Sara Clark. 

This article is intended for information purposes only and is not legal advice. This article is not intended to be a source of solicitation. This article is intended, but is not promised or guaranteed, to be correct, complete, and up-to-date. This article does not constitute a guarantee, warranty, or prediction regarding the outcome of any legal matter. Readers should not act on the information provided in this article without seeking professional legal counsel.

Tips for Complying with the FPPC’s Revised “500 Foot Rule” Addressing When Public Officials Have a Conflict of Interest in Decisions Potentially Affecting Their Real PropertyPrev
SMW Drafts State Legislation to Facilitate Land Conservation and RestorationNext
default logo

Counsel and representation in government, land use, renewable energy, and environmental legal matters for public agencies, non-profits, tribes, and community groups.

Quick Links

  • Our Firm
  • Our People
  • Diversity, Equity & Inclusion
  • News
  • Legal Hiring
  • Contact Us
  • Celebrating 40 Years
  • Disclaimer
  • Terms of Use
  • Opt-out preferences

Practice Areas

  • Environmental Law
  • Municipal and Public Agency Law
  • Clean Energy Law
  • Local Ballot Measures
  • Tribal Law
  • Litigation and Appeals

Office

Shute, Mihaly & Weinberger LLP

396 Hayes Street

San Francisco, CA 94102

By Phone: (415) 552-7272

By Email: info@smwlaw.com

  • Facebook
  • LinkedIn
DEI Seal

© 2025 Shute, Mihaly & Weinberger LLP, All Rights Reserved

Manage Cookie Consent
We use cookies to optimize our website and our service.
Functional Always active
The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
Preferences
The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
Statistics
The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
Marketing
The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
Manage options Manage services Manage {vendor_count} vendors Read more about these purposes
Preferences
{title} {title} {title}