CC SR 20200804 G - Development and Rezoning Bills
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 08/04/2020
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to oppose various planning and zoning bills in order
to maintain local control.
RECOMMENDED COUNCIL ACTION:
(1) Adopt Resolution No. 2020-__ A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES, CALIFORNIA, EXPRESSING
OPPOSITION TO PROPOSED PLANNING AND ZONING LEGISLATION THAT
USURPS LOCAL CONTROL AND IMPOSES UNFUNDED MANDATES, AND
EXPRESSING SUPPORT FOR ACTIONS TO FURTHER STRENGTHEN
LOCAL DEMOCRACY, AUTHORITY AND CONTROL; and,
(2) Authorize the Mayor to sign position letters on these bills.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Megan Barnes, Senior Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft Resolution No. 2020-__ (page A-1)
B. Matrix of Legislative Bills on Housing and Zoning (page B-1)
BACKGROUND AND DISCUSSION:
On July 27, the California Legislature reconvened from summer recess later than
originally scheduled to reduce the risk of COVID-19 exposure to legislative staff. The
decision to delay returning to session tightened the window for the Legislature to act on
hundreds of pieces of legislation before the August 31, 2020 deadline.
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City Staff recognizes the City Council’s strong position on maintaining local control
particularly as it pertains to planning and zoning, and advocating against legislation that
imposes “one size fits all” zoning on California’s diverse communities. Moreover, most
of these bills being considered by the Legislature are unfunded mandates imposed on
local jurisdictions. A summary of latest round of planning and zoning bills in the
Legislature and recommended positions is included in this report as Attachment B.
Due to time constraints, at this time, Staff is unable to present individual draft position
letters to the City Council for consideration this evening. Staff therefore recommends
the City Council adopt the attached resolution memorializing its opposition on the bills
(Attachment A), and authorize the Mayor to sign position letters as they become
available. Staff intends to provide the City Council, as late correspondence, as many
position letters as possible in advance of the August 4 meeting.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action s are available
for the City Council’s consideration:
1. Do not authorize the Mayor to sign the letters as they become available.
2. Take other action as deemed appropriate by the City Council.
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RESOLUTION NO. 2020-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES, CALIFORNIA,
EXPRESSING OPPOSITION TO PROPOSED
PLANNING AND ZONING LEGISLATION THAT
USURPS LOCAL CONTROL AND IMPOSES
UNFUNDED MANDATES, AND EXPRESSING
SUPPORT FOR ACTIONS TO FURTHER
STRENGTHEN LOCAL DEMOCRACY, AUTHORITY
AND CONTROL
WHEREAS, the Legislature of the State of California, has proposed a number of
bills addressing a range of planning and zoning issues that are typically addressed by
local jurisdictions through its general plan and zoning code; and
WHEREAS, the majority of these planning and zoning bills usurp the authority of
local jurisdictions to determine for themselves the land use policies and practices that
best suit their cities and residents and instead impose mandates that do not take into
account the needs and differences of jurisdictions throughout the State, as well as
imposing unfunded mandates on jurisdictions for actions that are not in their best
interests; and
WHEREAS, for example, the ability of jurisdictions to determine for themselves
which projects require review beyond a ministerial approval, what parking requirements
are appropriate for various locales within their jurisdiction, what plans and programs are
suitable and practical for each community rather than having these decisions imposed
upon cities without regard to the circumstances of each individual city is a matter of grea t
importance to the City of Rancho Palos Verdes, and
WHEREAS, the City Council of the City of Rancho Palos Verdes feels strongly that
our local government is best able to assess the needs of our community and objects to
the proliferation of State legislation that deprives us of that ability.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF RANCHO PALOS VERDES HEREBY:
Section 1. Registers its strong opposition to the following pieces of State legislation that
usurp local control as it relates to planning and zoning, and impose unfunded mandates:
AB 831 (Grayson) – Planning and zoning: housing: development application
modifications.
AB 953 (Ting) – Land use: accessory dwelling units.
AB 1279 (Bloom) - Housing Developments. High Resource Areas.
AB 2323 (Friedman) – California Environmental Quality Act Exemptions.
AB 2405 (Burke) – Right to safe, decent, and affordable housing.
A-1
AB 3153 (Rivas, Robert) Parking and zoning: bicycle and car-share parking
credits.
AB 3269 (Chui) State and local agencies: homelessness plan.
SB 288 (Wiener) California Environmental Quality Act: exemptions.
SB 899 (Weiner) Planning and zoning: housing development: higher education
institutions and religious institutions.
AB 725 (Wicks) General Plans: housing element: moderate-income and above
moderate income housing: suburban and metropolitan jurisdictions.
AB 1851 (Wicks) Religious institution affiliated housing development projects:
parking requirements.
AB 2168 (McCarty) Planning and zoning: electric vehicle charging stations: permit
application: approval.
AB 2345 (Gonzalez) Planning and zoning: density bonuses: a nnual report:
affordable housing.
AB 2988 (Chu) Planning and zoning: supportive housing: number of units:
emergency shelter zones.
AB 3107 (Bloom) Planning and zoning: General Plan: housing development.
SB 902 (Weiner) Planning and zoning: housing developm ent: zoning.
SB 995 (Atkins) Environmental Quality: Jobs and Economic Improvement Through
Environmental Leadership Act of 2011: housing projects.
SB 1085 (Skinner) Density Bonus Law: qualifications for incentives or
concessions: student housing for lower income students: moderate-income
persons and families: local government constraints.
SB 1120 (Atkins) Subdivisions: tentative maps.
SB 1138 (Weiner) Housing Element: emergency shelters: rezoning of sites; and,
Section 2. Registers its equally strong opposition to the current practice of the State
legislature of proposing and passing multitudes of bills that directly impact and interfere
with the ability of cities to control their own destiny through use of the zoning authority
that has been granted to them.
Section 3. Declares that, should the State continue to pass legislation that attacks local
municipal authority, control and revenue, the City of Rancho Palos Verdes will support
actions such as a ballot measure that would limit the State ability to control local activities
and strengthen local democracy and authority.
The City Clerk shall certify to the passage and adoption of this resolution.
A-2
PASSED, APPROVED, and ADOPTED this 4th day of August, 2020.
______________________
John Cruikshank, Mayor
Attest:
___________________________
Emily Colborn, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Emily Colborn, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2020-__ was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on August 4, 2020.
___________________________
Emily Colborn, City Clerk
A-3
City of Rancho Palos Verdes
Housing and Zoning State Assemly and Senate Bills
Bill Senator (s)Bill Title Bill Description RPV Status
AB 725 Wicks General plans: housing element: moderate-income and above moderate-
income housing: suburban and metropolitan jurisdictions.
Under current law, there are programs providing assistance for, among other things, emergency housing, multifamily housing,
farmworker housing, homeownership for very low and low-income households, and downpayment assistance for first-time
homebuyers.This bill would express the intent of the Legislature to enact legislation that would create a pilot program to provide
downpayment assistance to persons who are purchasing their rental residence pursuant to a rent-to-own contract.
Monitoring &
recommending
opposition as it inhibits
local control
AB 831 Grayson Planning and zoning: housing: development application modifications.The Planning and Zoning Law, until January 1, 2026, authorizes a development proponent to submit an application for a
multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a
conditional use permit, if the development satisfies specified objective planning standards, including, among other things, that
the development is located on a site that satisfies specified location, urbanization, and zoning requirements. Current law requires
a local government that determines that a development submitted pursuant to these provisions is in conflict with any of the
objective planning standards to provide the development proponent written documentation of which standard or standards the
development conflicts with and an explanation of the reasons, as specified. This bill would require the development and the site
on which it is located to satisfy the specified location, urbanization, and zoning requirements.
Monitoring
AB 953 Ting Land use: accessory dwelling units.Current law requires a local agency to ministerially approve or deny a permit application for the creation of an accessory dwelling
unit or junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an
existing single-family or multifamily dwelling on the lot. This bill would deem a permit application for the creation of an accessory
dwelling unit or junior accessory dwelling unit approved if the local agency has not acted upon the completed application within
60 days.
Monitoring
AB 1279 Bloom Planning and zoning: housing development: high-opportunity areas.The Planning and Zoning Law allows a development proponent to submit an application for a development that is subject to a
specified streamlined, ministerial approval process not subject to a conditional use permit if the development satisfies certain
objective planning standards, including that the development is (1) located in a locality determined by the Department of Housing
and Community Development to have not met its share of the regional housing needs for the reporting period, and (2) subject to
a requirement mandating a minimum percentage of below-market rate housing, as provided. This bill would require the
department to designate areas in this state as high-opportunity areas, as provided, by January 1, 2022, in accordance with
specified requirements and to update those designations within 6 months of the adoption of new Opportunity Maps by the
California Tax Credit Allocation Committee.
Monitoring &
recommending
opposition unless
amended
AB 1851 Wicks Religious institution affiliated housing development projects: parking
requirements.
Would prohibit a local agency from requiring the replacement of religious-use parking spaces that a developer of a religious institution
affiliated housing development project proposes to eliminate as part of that housing development project. The bill would prohibit the
number of religious-use parking spaces requested to be eliminated from exceeding 50% of the number that are available at the time the
request is made. The bill would prohibit a local agency from requiring the curing of any preexisting deficit of the number of religious-use
parking spaces as a condition of approval of a religious institution affiliated housing development project.
Monitoring &
recommending
opposition as it inhibits
local control
AB 2168 McCarty Planning and zoning: electric vehicle charging stations: permit application:
approval.
Would require an application to install an electric vehicle charging station to be deemed complete if, 5 business days after the application
was submitted, the building official of the city, county, or city and county has not deemed the application complete, as specified, and if the
building official has not issued a one-written correction notice, as specified. The bill would require an application to install an electric vehicle
charging station to be deemed approved if 15 business days after the application was deemed complete certain conditions are met,
including that the building official of the city, county, or city and county has not approved the application, as specified, and the building
official has not made findings that the proposed installation could have an adverse impact, as described above, and required the applicant to
apply for a use permit.
Monitoring &
recommending
opposition as it inhibits
local control. In first
reading in originating
house
AB 2323 Friedman California Environmental Quality Act: exemptions.CEQA exempts from its requirements certain residential, employment center, and mixed-use development projects meeting specified
criteria, including that the project is undertaken and is consistent with a specific plan for which an environmental impact report has been
certified. This bill would require that the project is undertaken and is consistent with either a specific plan prepared pursuant to specific
provisions of law or a community plan, as defined, in order to be exempt. Because a lead agency would be required to determine the
applicability of this exemption, this bill would impose a state-mandated local program.
Monitoring
Page 1 of 4 B-1
City of Rancho Palos Verdes
Housing and Zoning State Assemly and Senate Bills
Bill Senator (s)Bill Title Bill Description RPV Status
AB 2345 Gonzalez Planning and zoning: density bonuses: annual report: affordable housing.The Planning and Zoning Law requires the planning agency of a city or county to provide by April 1 of each year an annual report to, among
other entities, the Department of Housing and Community Development that includes, among other specified information, the number of
net new units of housing that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the
housing element cycle, as provided. This bill would require that the annual report include specified information regarding density bonuses
granted in accordance with specified law, as described.
Monitoring &
recommending
opposition as it inhibits
local control
AB 2405 Burke Right to safe, decent, and affordable housing.Would declare that it is the policy of the state that every individual has the right to safe, decent, and affordable housing, and would require
the policy to consider homelessness prevention, emergency accommodations, and permanent housing, as specified. The bill would, among
other things, require all relevant state agencies and departments, including, but not limited to, the Department of Housing and Community
Development, the State Department of Social Services, and the Office of Emergency Services, and local jurisdictions to consider that state
policy when revising, adopting, or establishing policies, regulations, and grant criteria when those policies, regulations, and criteria are
pertinent to advancing the guidelines listed as core components of Housing First.
Monitoring
AB 2988 Chu Planning and zoning: supportive housing: number of units: emergency
shelter zones.
Under the Planning and Zoning Law, supportive housing, as defined, is a use by right in zones where multifamily and mixed uses are
permitted if the developer provides the planning agency with a plan for providing supportive services and the proposed housing
development meets specified criteria, including that the housing development consist of 50 units or fewer if it is located in an
unincorporated area of a county or city that has a population of fewer than 200,000 and a population of persons experiencing homelessness
of 1,500 or fewer. This bill would, additionally, make supportive housing a use by right in zones where emergency shelters are permitted. The
bill would revise the above-described limit on the number of units in a housing development to 120 or fewer if it is located within a region
served by a contimuum of care, as defined, and the most recently published total homeless point-in-time count for the region is 1,500 or
fewer.
Monitoring
AB 3107 Bloom Planning and zoning: commercial zoning: housing development.The Planning and Zoning Law authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances
that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and
other purposes. This bill, notwithstanding any inconsistent provision of a city’s or county’s general plan, specific plan, zoning ordinance, or
regulation, would require that a housing development be an authorized use on a site designated in any local agency’s zoning code for
commercial uses if certain conditions apply. Among these conditions, the bill would require that the housing development be subject to a
recorded deed restriction requiring that at least 20% of the units have an affordable housing cost or affordable rent for lower income
households, as those terms are defined, and located on a site that satisfies specified criteria.
Monitoring &
recommending
opposition as it inhibits
local control
AB 3153 Rivas R.Parking and zoning: bicycle and car-share parking credits.Would require a local agency, as defined, to allow an applicant for a housing development project to reduce the number of motor vehicle
parking spaces that they would otherwise be required to provide based on the number of long-term bicycle parking spaces and car-sharing
spaces provided subject to certain limitations, as specified. The bill would provide that a parking reduction allowed pursuant to these
provisions does not reduce or increase the number of incentives or concessions to which the applicant is otherwise entitled under a
specified provision of the Density Bonus Law.
Monitoring
AB 3269 Chui State and local agencies: homelessness plan.Would, upon appropriation by the Legislature or upon receiving technical assistance offered by the federal Department of Housing and
Urban Development (HUD), if available, require the coordinating council to conduct, or contract with an entity to conduct, a statewide needs
and gaps analysis to, among other things, identify state programs that provide housing or services to persons experiencing homelessness
and create a financial model that will assess certain investment needs for the purpose of moving persons experiencing homelessness into
permanent housing.
Monitoring &
recommending
opposition unless
amended
Page 2 of 4 B-2
City of Rancho Palos Verdes
Housing and Zoning State Assemly and Senate Bills
Bill Senator (s)Bill Title Bill Description RPV Status
SB 288 Wiener California Environmental Quality Act: exemptions: transportation-related
projects.
CEQA includes exemptions from its environmental review requirements for numerous categories of projects, including, among others,
projects for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use and projects for the
institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, as specified. This bill would further
exempt from the requirements of CEQA certain projects, including projects for the institution or increase of new bus rapid transit, bus, or
light rail services on public rail or highway rights-of-way, as specified, whether or not the right-of-way is in use for public mass transit, as
specified, and projects for the designation and conversion of general purpose lanes, high-occupancy toll lanes, high-occupancy vehicle lanes,
or highway shoulders, as specified. The bill would additionally exempt projects that improve customer information and wayfinding for transit
riders, bicyclists, or pedestrians, and projects for pedestrian and bicycle facilities.
Monitoring
SB 899 Wiener Planning and zoning: housing development: higher education institutions
and religious institutions.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development,
and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law
allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval
process not subject to a conditional use permit if the development satisfies certain objective planning standards. This bill would require that
a housing development project be a use by right upon the request of an independent institution of higher education or religious institution
that partners with a qualified developer on any land owned in fee simple by the applicant on or before January 1, 2020, if the development
satisfies specified criteria.
Monitoring &
recommending
opposition
SB 902 Wiener Planning and zoning: housing development: density.Would authorize a local government to pass an ordinance, notwithstanding any local restrictions on adopting zoning ordinances, to zone any
parcel for up to 10 units of residential density per parcel, at a height specified by the local government in the ordinance, if the parcel is
located in a transit-rich area, a jobs-rich area, or an urban infill site, as those terms are defined. In this regard, the bill would require the
Department of Housing and Community Development, in consultation with the Office of Planning and Research, to determine jobs-rich areas
and publish a map of those areas every 5 years, commencing January 1, 2022, based on specified criteria.
RPV opposition letter
Sent 7/7/2020
SB 995 Atkins Environmental quality: Jobs and Economic Improvement Through
Environmental Leadership Act of 2011: housing projects.
CEQA requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment
if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a
significant effect on the environment. CEQA authorizes the preparation of a master EIR and authorizes the use of the master EIR to limit the
environmental review of subsequent projects that are described in the master EIR, as specified. This bill would require a lead agency to
prepare a master EIR for a general plan, plan amendment, plan element, or specified plan for housing projects where the state has provided
funding for the preparation of the master EIR.
Monitoring
SB 1085 Skinner Density Bonus Law: qualifications for incentives or concessions: student
housing for lower income students: moderate-income persons and
families: local government constraints.
Current law requires the amount of a density bonus and the number of incentives or concessions a qualifying developer receives to be
pursuant to a certain formula based on the total number of units in the housing development, excluding the units added by a density bonus
awarded pursuant to the Density Bonus Law or any local law granting a greater density bonus. This bill would require a unit designated to
satisfy the inclusionary zoning requirements of a city or county to be included in the total number of units on which a density bonus and the
number of incentives or concessions are based.
Monitoring &
recommending
opposition as it inhibits
local control
SB 1120 Atkins Subdivisions: tentative maps.Would require a proposed housing development containing 2 residential units to be considered ministerially, without discretionary review or
hearing, within a single-family residential zone, if the proposed housing development meets certain requirements, including, but not limited
to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant,
ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed
housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and
that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site
that is legally designated or listed as a city or county landmark or historic property or district.
Monitoring &
recommending
opposition as it inhibits
local control. SBCCOG
sent opposition letter on
6/8/2020
Page 3 of 4 B-3
City of Rancho Palos Verdes
Housing and Zoning State Assemly and Senate Bills
Bill Senator (s)Bill Title Bill Description RPV Status
SB 1138 Wiener Housing element: emergency shelters: rezoning of sites.The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the
physical development of the county or city that includes a housing element. Current law requires that the housing element identify adequate
sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and to make adequate provision for
the existing and projected needs of all economic segments of a community. This bill would revise the requirements of the housing element,
as described above, in connection with identifying zones or zoning designations that allow residential use, including mixed use, where
emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. If an emergency shelter zoning
designation where residential use is a permitted use is unfeasible, the bill would permit a local government to designate zones for
emergency shelters in a nonresidential zone if the local government demonstrates that the zone is connected to amenities and services, as
specified, that serve homeless people.
Monitoring &
recommending
opposition as it inhibits
local control
Page 4 of 4 B-4