CC SR 20210406 F - Senate Bill (SB) 809 Letter of Support (RHNA)
CITY COUNCIL MEETING DATE: 04/06/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize the Mayor to sign a letter of support for
SB 809.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign a letter of support for SB 809.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: McKenzie Bright, Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft letter in support of SB 809 (page A-1)
B. Text of SB 809 (as amended March 10, 2021) (page B-1)
BACKGROUND AND DISCUSSION:
SB 809, introduced by Senator Ben Allen, would allow cities to enter into an agreement
whereby one jurisdiction contributes suitable land for regional housing need allocation
(RHNA) shares, and the other contributes funding for that development.
This bill would give cities the option to trade land for financial contributions to develop
that land. If a city determined it had an insufficient inventory of land suitable and
available for residential development to meet its RHNA share, it could enter into a
regional agreement with other cities. The other cities would contribute land within their
border, and the requesting city would contribute funding for the development of that
land. Up to half of the development capacity resulting from the agreement could count
towards a single jurisdiction’s housing needs.
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While RHNA only requires cities to plan for future housing developments and it does not
require cities to provide financing for residential developments, this bill would
incorporate a financial element into the allocation process. However, this bill gives
cities flexibility when planning for their RHNA share – to agree to locate their RHNA
share in another city in return for providing funding.
Given this bill’s potential to provide a measure of local control in the RHNA process,
Staff recommends the City Council authorize the Mayor to sign a letter to Senator Allen
as drafted or with revisions, supporting SB 809.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify revised language to add to the letter.
2. Do not authorize the Mayor to sign the letter.
3. Take other action, as deemed appropriate.
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April 6, 2021 Via Email
The Honorable Ben Allen
California State Senate
State Capitol, Room 4076
Sacramento, CA 95814
SUBJECT: Notice of Support of SB 809
Dear Senator Allen:
The City of Rancho Palos Verdes supports SB 809, which would provide a measure of
local control in the regional housing need allocation (RHNA) process.
In local land use planning and zoning, there are many factors that must be considered.
The City of Rancho Palos Verdes is located on the Palos Verdes Peninsula, almost
entirely within a Very High Fire Hazard Severity Zone (VHFHSZ). As such, it is vital that
the City maintain its local land use authority to ensure that all developments meet all
safety standards and that related traffic changes do not have undue influence on egress
paths especially during an evacuation.
As drafted, this bill will allow for flexibility for cities that may not have land suitable or
available to meet RHNA allocations to enter into multijurisdictional agreements to
exchange available land for financial compensation to develop that land.
As California continues to look to the future in housing development, this bill would allow
cities to assess their capability and have increased local control to meet RHNA shares.
For these reasons, the City of Rancho Palos Verdes supports SB 809.
Sincerely,
Eric Alegria
Mayor
A-1
Senator Allen
April 6, 2021
Page 2
cc: Al Muratsuchi, Assembly Member, 66th Assembly District
Jeff Kiernan, League of California Cities
Meg Desmond, League of California Cities
Marcel Rodarte, California Contract Cities Association
Jacki Bacharach, South Bay Cities Council of Governments
Rancho Palos Verdes City Council
Ara Mihranian, City Manager
Karina Bañales, Deputy City Manager
A-2
AMENDED IN SENATE MARCH 10, 2021
SENATE BILL No. 809
Introduced by Senator Allen
(Principal coauthor: Assembly Member Eduardo Garcia)
February 19, 2021
An act relating to regional housing trusts. to add and repeal Section
65583.4 of the Government Code, relating to land use.
legislative counsel’s digest
SB 809, as amended, Allen. Regional housing trusts.
Multijurisdictional regional agreements: housing element.
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. Existing
law requires that the housing element include, among other things, an
inventory of land suitable and available for residential development
that identifies sites that can be developed for housing within the planning
period and that are sufficient to provide for the jurisdiction’s share of
the regional housing need for all income levels, as specified.
This bill would authorize a city or county to satisfy part of its
requirement to identify zones suitable for residential development by
adopting and implementing a multijurisdictional regional agreement.
The bill would require the multijurisdictional regional agreement to
clearly establish the jurisdiction that is contributing suitable land for
residential development and the jurisdiction or jurisdictions that are
contributing funding for that development. The bill would require that
a multijurisdictional regional agreement be between 2 or more cities
98 B-1
or counties that are located within the same county or within adjacent
counties.
This bill would require a jurisdiction that is a party to a
multijurisdictional regional agreement under these provisions to provide
specified information in its housing element, including how the
multijurisdictional regional agreement will satisfy the jurisdiction’s
housing need for a designated income level. The bill would prohibit the
jurisdictions that are a party to a multijurisdictional regional agreement
from claiming an aggregate capacity in an amount greater than the
actual capacity created by the housing development subject to the
agreement.
The bill would repeal these provisions on January 1, 2030.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
The Joint Exercise of Powers Act authorizes 2 or more public
agencies, by agreement, to form a joint powers authority to exercise
any power common to the contracting parties, as specified. Existing
law authorizes the agreement to set forth the manner by which the joint
powers authority will be governed.
This bill would state the intent of the Legislature to enact legislation
that would require all local governments to participate in a regional
housing trust fund.
Vote: majority. Appropriation: no. Fiscal committee: no yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65583.4 is added to the Government Code,
line 2 to read:
line 3 65583.4. (a) A city or county may satisfy part of its requirement
line 4 to identify zones suitable for residential development pursuant to
line 5 paragraph (3) of subdivision (a) of Section 65583 by adopting and
line 6 implementing a multijurisdictional regional agreement as provided
line 7 in this subdivision.
line 8 (b) (1) A multijurisdictional regional agreement adopted and
line 9 implemented pursuant to this section shall clearly establish the
line 10 jurisdiction that is contributing suitable land for residential
line 11 development and the jurisdiction or jurisdictions that are
line 12 contributing funding for that development.
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— 2 — SB 809 B-2
line 1 (2) A multijurisdictional regional agreement subject to this
line 2 section shall be between two or more cities that are located within
line 3 the same county, between two or more cities within adjacent
line 4 counties, or between adjacent counties and any city within those
line 5 counties.
line 6 (c) Each jurisdiction that is a party to a multijurisdictional
line 7 regional agreement shall describe in its housing element both of
line 8 the following:
line 9 (1) How the multijurisdictional regional agreement will satisfy
line 10 the jurisdiction’s housing need for a designated income level. No
line 11 more than 1⁄2 of the development capacity resulting from the
line 12 agreement shall be given to a single jurisdiction as credit towards
line 13 its housing needs.
line 14 (2) The jurisdiction’s contribution to a housing development
line 15 pursuant to the multijurisdictional regional agreement, including
line 16 the amount and source of the funding that the jurisdiction
line 17 contributes.
line 18 (d) The jurisdictions that are a party to a multijurisdictional
line 19 regional agreement shall not claim an aggregate capacity in an
line 20 amount greater than the actual capacity created by the housing
line 21 development subject to the multijurisdictional regional agreement
line 22 in the jurisdiction’s housing element.
line 23 (e) The Legislature finds and declares that this section addresses
line 24 a matter of statewide concern rather than a municipal affair as
line 25 that term is used in Section 5 of Article XI of the California
line 26 Constitution. Therefore, this section applies to all cities, including
line 27 charter cities.
line 28 (f) This section shall remain in effect only until January 1, 2030,
line 29 and as of that date is repealed.
line 30 SECTION 1. It is the intent of the Legislature to enact
line 31 legislation that would require all local governments to participate
line 32 in a regional housing trust fund.
O
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SB 809 — 3 — B-3