Definition
A resolution is a formal action taken by a city council or county board of supervisors that expresses the body's position, policy, or intent — or that makes an administrative or executive decision — without creating a new law of general applicability. Resolutions are one of the two primary instruments through which local governing bodies act; the other is the ordinance.
What Resolutions Are Used For
In California local government, resolutions are used for a wide range of purposes:
- Policy statements: Expressing the council's position on a topic without creating an enforceable rule
- Fee adoptions: Setting development fees, service charges, and similar charges (impact fees adopted under the Mitigation Fee Act, however, require specific procedural steps)
- Budget adoptions: Approving the city's annual budget
- Project approvals: Approving conditional use permits, variances, and development agreements (when the underlying decision is made through a quasi-judicial hearing process)
- Appointments: Appointing members to boards, commissions, and committees
- Contracts and agreements: Authorizing the city manager to execute contracts on behalf of the city
- Proclamations: Declaring local emergencies, honoring community members, or designating awareness months
Key Differences from Ordinances
| Feature | Ordinance | Resolution |
|---|---|---|
| Legal force | Has force of law; binds public conduct | Does not create public law; expresses intent or makes administrative decision |
| Required readings | Two readings at separate meetings (general law cities) | One vote; no second reading required |
| Effective date | 30 days after adoption (general law cities, non-urgency) | Typically effective immediately upon adoption |
| Referendum | Subject to voter referendum | Not subject to referendum |
| CEQA | May trigger CEQA if it approves a project | May trigger CEQA if it approves a discretionary project |
When the Wrong Instrument Is Used
One of the most common procedural errors in local government is using a resolution when an ordinance is legally required. In California, certain actions must be taken by ordinance — including adopting or amending zoning regulations, adopting development agreements, and granting franchise agreements. If a city takes one of these actions by resolution instead of ordinance, the action may be legally void and subject to challenge.
The distinction between ordinances and resolutions matters most when someone is challenging an agency's decision. Legislaide reviews municipal code compliance — including whether the city has used the right instrument for its regulatory actions.
Frequently Asked Questions
What is a resolution?
A resolution is a formal action taken by a city council or county board of supervisors that expresses the body's position, makes an administrative or executive decision, or directs staff — without creating a new law of general applicability that binds the public.
What are resolutions used for?
Common uses include: adopting the city budget, approving fee schedules, authorizing contracts, appointing board members, approving discretionary permits (like CUPs), expressing policy positions, declaring local emergencies, and honoring community members. Anything not legally required to be in an ordinance may typically be done by resolution.
How does a resolution differ from an ordinance?
Ordinances create legally binding public law, require two readings at separate meetings, take effect 30 days after adoption, and are subject to voter referendum. Resolutions require only one vote, take effect immediately, are not subject to referendum, and do not create public law.
What happens if a city uses a resolution when an ordinance is required?
If a city uses a resolution for an action that legally requires an ordinance — such as a zoning change, development agreement, or franchise — the action is legally void and subject to challenge. The distinction matters most when someone is contesting the city's decision.
Can a resolution be challenged by voters?
Unlike ordinances, resolutions are generally not subject to voter referendum. However, resolutions that approve discretionary development projects triggering CEQA may be challenged through CEQA proceedings. The Brown Act's procedural requirements also apply to resolutions adopted at public meetings.
Published May 1, 2026 by Legal Team at Legislaide.