CC RES 2021-031 RESOLUTION NO. 2021-31
111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES, CALIFORNIA, ADOPTING THE
CITY'S HOUSING AND LOCAL LAND USE LEGISLATIVE
PLATFORM
WHEREAS, the City Council has an interest in weighing in on state, federal, and
regional legislative issues that impact the City and its residents; and
WHEREAS, the Council annually takes action on numerous legislative proposals
brought forward throughout the year; and
WHEREAS, the City of Rancho Palos Verdes is committed to maintaining and
enhancing a high quality of life and safety for all residents; and
WHEREAS, the City of Rancho Palos Verdes recognizes the State of California is
in a housing crisis due to reduced housing stock as well as lack of affordable housing;
and
WHEREAS, the Legislature of the State of California has proposed a number of
111 bills addressing a range of planning and zoning issues that are typically addressed by
local jurisdictions' general plan and zoning code to attempt to mitigate the housing crisis;
and
WHEREAS, the majority of these planning and zoning bills usurp the authority of
local jurisdictions to determine for themselves the local land use practices that best suit
their cities and residents, as well as imposing unfunded mandates on jurisdictions; and
WHEREAS, the City has the tools, knowledge, and policies in place to continue to
plan and develop innovative solutions to mitigate the housing crisis that, with the
preservation of local land use authority, consider the City's unique geographic, geologic,
and infrastructure constraints; and,
WHEREAS, on August 4, 2020, the City of Rancho Palos Verdes adopted
Resolution No. 2020-46, 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
WHEREAS, the City Council continues to take an active advocacy role relating to
housing and local land use legislative policies proposed by the State Legislature.
NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes does
hereby resolve as follows:
II
Section 1: The foregoing recitals are true and correct and are incorporated herein
by reference.
Section 2: The City Council hereby adopts and approves the City's Housing and
Local Land Use Legislative Platform attached and incorporated herein by this reference
(Attachment A), as the official housing and local land use legislative policy of the City of
Rancho Palos Verdes. This Platform may be used to build a coalition intended to protect
local control.
Section 3: The City Council therefore hereby adopts the following findings:
A. The City of Rancho Palos Verdes opposes proposed planning and zoning
legislation that usurps local control and imposes unfunded mandates.
B. The City supports actions to further strengthen local democracy, authority,
and control.
C. The City would support housing policies which include funded mandates or
created funded programs such as Local Early Action Planning (LEAP) and Regional Early
Action Planning (REAP) to assist local planning efforts.
D. The City would support policies that provide incentives to cities such as
additional tax revenue or tax breaks and policies which grant concessions to existing
policies for adoption of pro-housing policies.
E. The City would support policies or grants directed toward developers to
incentivize the creation of affordable housing.
F. The City would support policies which expand programs such as Project
Homekey, which repurpose existing buildings into an affordable housing option.
G. The City would support policies and programs which provide social services
and mental health services to help unhoused persons be eligible for, acquire, and
maintain affordable housing.
H. The City would support policies or programs that allow city and state
collaboration on housing production, alongside sustainable transportation, broadband
deployment, and other key infrastructure areas to support our communities.
Resolution No 2021-31
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Section 4: The Housing and Local Land Use Legislative Platform will be used to
guide legislative advocacy related to housing and local land use authority.
Section 5: The City Clerk shall certify to the passage, approval, and adoption of
this resolution, and shall cause this resolution and its certification to be entered in the
Book of Resolutions of the City Council of the City.
PASSED, APPROVED AND ADOPTED THE 6TH DAY OF JULY 2021.
1LotLy..Eric Alegria, Mayor
ATTEST:
Teresa Takaoka, City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Teresa Takaoka, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2021-31 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on July 6, 2021.
4/a�a• ---
Teresa Ta aoka, City Clerk
Resolution No. 2021-31
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CITY OF RANCHO PALOS VERDES HOUSING AND
LOCAL LAND USE LEGISLATIVE PLATFORM
DATE ADOPTED: Resolution No. 2021-31 on July 6, 2021.
EXECUTIVE SUMMARY
In response to the housing crisis and recent legislation proposed by the California
Legislature:
• The City of Rancho Palos Verdes opposes proposed planning and zoning
legislation that usurps local control and imposes unfunded mandates.
• The City supports actions to further strengthen local democracy, authority, and
control.
• The City would support housing policies which include funded mandates or
create funded programs such as Local Early Action Planning (LEAP) and
Regional Early Action Planning (REAP) to assist local planning efforts.
• The City would support policies that provide incentives to cities such as
additional tax revenue or tax breaks and policies which grant concessions to
existing policies for adoption of pro-housing policies.
• The City would support policies or grants directed toward developers to
incentivize the creation of affordable housing.
• The City would support policies which expand programs such as Project
Homekey, which repurpose existing buildings into an affordable housing option.
• The City would support policies and programs which provide social services and
mental health services to help unhoused persons be eligible for, acquire, and
maintain affordable housing.
• The City would support policies or programs that allow city and state
collaboration on housing production, alongside sustainable transportation,
broadband deployment, and other key infrastructure areas to support our
communities.
BACKGROUND
The City of Rancho Palos Verdes is located on the Palos Verdes Peninsula in Los
Angeles County, California, and incorporated in 1973. The City is primarily comprised of
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Attachment A
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Housing and Local Land Use Legislative Platform
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residential zones and open space, is nearly entirely located within a Cal Fire-designated
Very High Fire Hazard Severity Zone (VHFHSZ), and is partially located in the state-
designated coastal zone. Moreover, approximately 1,200 acres of the City is within the
Portuguese Bend Landslide complex, the largest and fastest moving landslide in North
America.
The City of Rancho Palos Verdes recognizes that California is in the middle of a housing
crisis. Housing stock cannot meet present demand and lack of affordable housing makes
existing stock cost prohibitive. The Legislature has an apparent focus on passing laws
which aim to mitigate the housing crisis through rescission of local land use authority and
oversight to streamline the process of constructing additional units. These laws create a
one-size-fits-all approach that fail to consider local authority and essential local oversight,
including constraints faced by local agencies such as infrastructure limitations.
The City is committed to maintaining and enhancing a high quality of life and safety for all
residents as reflected in its General Plan, updated as of 2018. Local land use authority is
essential to ensuring that all new developments are suitable and safe for our community,
and to allow the City and developers to work together to find the most mutually beneficial
arrangement for all residents in the City.
Development within the City faces a number of unique challenges. Despite this, the City
has a vibrant and well-planned mix of residential, commercial, and industrial uses.
There are 8,274 acres of land within the City of Rancho Palos Verdes. The City has
determined that 1,710 acres (or 20%) of land are not suitable for development. These
include Natural Environment/Hazard Areas which are lands designated as “Hazard,”
“Open Space Hillside” and “Open Space Preserve” by the Land Use Element.
The areas designated “Hazard” possess extreme physical constraints, s uch as active
landslide1, sea cliff erosion hazard, and extreme slopes of 35 percent and greater.
The areas designated “Open Space Hillside” are subject to extreme physical constraints
and are maintained as open space, with very light -intensity uses permitted, such as
landscaping, agriculture, passive recreational activities, and very minor structures, for the
protection of the public health, safety, and welfare.
The areas designated “Open Space Preserve” encompass the City’s Palos Verdes Nature
Preserve, which is approximately 1,400 acres of permanent open space. The City’s
Preserve is enrolled in the State’s Natural Communities Conservation Plan and the
1 The Portuguese Bend Landslide is one of the largest and most active landslides in the country and
encompasses over two of the City's roughly 14 square miles, moves at a rate between hundredths of an
inch per year and tens of feet per year. This movement is especially noticed by motorists, cyclists and
pedestrians who travel along Palos Verdes Drive South. The City continuously maintains a safe roadway
through the area at a cost of about a half million dollars per year. An above-ground sewer trunk line is in
jeopardy of failing with land movement that has the potential to cause a significant environmental
catastrophe due to its close proximity to the Pacific Ocean.
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Housing and Local Land Use Legislative Platform
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Federal Habitat Conservation Plan (NCCP/HCP) and is encumbered with restrictions,
held in perpetuity, for the preservation and protection of natural resources and habitat.
Residential activities are the major land use in the City , with existing and proposed
residential uses encompassing approximately 5,500 acres (66.5% of the total land area).
The predominance of residential use and related density ranges is based on several
factors: the ability of residential activity to produce low environmental stress, the
geographic location of the community with no major transportation facilities, the geology
of the site, lack of market potential for any major commercial development, and need for
support facilities to meet the community’s demand.
As such, it is vital that local control be maintained to ensure public health and safety. One-
size-fits-all legislation with ministerial review requirements cannot take into account the
unique geographic, geologic, and infrastructure constraints required for a project to be
successful and to maintain or enhance public safety.
RECENT LEGISLATIVE POSITIONS
On August 4, 2020, the City Council adopted Resolution No. 2020-46 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. It furthermore 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’s ability to control local activities and strengthen local democracy and
authority.
The City has registered its strong opposition to the current practice of the 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 zoning authority that has been granted
to them.
While the City appreciates the work of the Legislature to propose policies intended to
mitigate the housing crisis, sweeping and ministerial measures cannot properly assess
their impact on individual communities and their general plans. Streamlined ministerial
approval may be a preferred housing solution for the Legislature, but such development
may have significantly detrimental effects on public health and safety. The City is
concerned that increasing density by-right will not allow sufficient oversight of
infrastructure to ensure that capacities can meet increased residential populations.
In local land use planning and zoning, many factors must be considered. The City must
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
in the event of an evacuation, particularly within the VHFHSZ and the Portuguese Bend
Landslide complex, and with considerations for limitations on existing infrastructure.
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Attachment A
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Housing and Local Land Use Legislative Platform
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During the 2020-2021 legislative session, as of June 15, 2021, the City has taken
positions on nine bills relating to housing and land use (see Attachment A).
In general, the City has supported housing legislation which seeks to increase local
oversight and flexibility, such as Assemblymember Muratsuchi’s Assembly Constitutional
Amendment No. 7 which would amend the State Constitution to require certain local la nd
use controls and zoning regulations remain within incorporated communities when in
conflict with general laws. The City also supported Senator Allen’s Senate Bill No. 809,
which would allow cities and counties to exchange land for regional housing need
allocation (RHNA) shares for compensation of the development of that land.
The City has opposed legislation that erodes local land use authority, such as Senator
Atkins’ SB 9, which would require ministerial approval of lot splits and duplexes in single -
family residential zoned areas. The City is deeply concerned that bills such as SB 9, which
would potentially quadruple density in single-family zoning by-right would have
detrimental effects on the City’s infrastructure capacity, particularly in the event of an
emergency. Increasing density without the ability for the City to properly plan for it will
negatively impact public safety in a community like Rancho Palos Verdes, and its
residents’ quality of life.
One-size-fits all laws inherently fail to consider the needs of individual communities and
their general plans. Furthermore, the current practice of mandating streamlined local
processes does nothing to address encouraging actual affordable development of those
properties. The Legislature should consider bills that incentivize affordable developments
and provide local agencies the ability to zone for such developments. The tone of recent
bills, such as making it easier to build an accessory dwelling unit (ADU) on a property ,
does not guarantee that it will be sold below market rate, thereby affordable. In fact, it
appears ADU’s are being rented above market rates throughout Los Angeles or being
used for other uses than housing (i.e. gyms, studios, pool cabanas, etc. because of State-
mandated relaxed zoning laws). Upzoning parcels is likely to increase the value of the
underlying land, which then makes new construction unnecessarily more expensive and
over time, raises the values and rents throughout the neighborhoods, making affordable
housing even less likely to be built.
The current legislative preference for by-right approvals in favor of increasing density,
fails to consider the nuances in individual communities, potentially risking public safety,
and does nothing to inherently promote affordable housing, which is vital to recover from
the housing crisis and is the purported aim of this approach.
POTENTIAL LEGISLATIVE SOLUTIONS
The City is supportive of legislation which seeks to preserve local land use authority and
flexibility, giving choices and incentives to cities. Ultimately, the City would support
legislation which would allow local governments to adopt proposed legislation if the
requirements are suitable in their individual jurisdictions. Local planning departments
have the knowledge and skills to prepare creative solutions to the housing crisis that best
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Housing and Local Land Use Legislative Platform
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serve their communities. By-right zoning legislation undermines their ability to exercise
the city’s local land use authority and problem-solve based on their city’s unique
geographic, geologic, and infrastructure constraints, but with state support, they have the
capacity to help alleviate the housing crisis.
The City would additionally continue to support legislation that provides financial
assistance to implement new directives, or programs similar to Local Early Action
Planning (LEAP) and Regional Early Action Planning (REAP) that provide funding to help
cities accelerate housing production. The City would also support legislation that provides
incentives to cities, such as additional tax revenue or tax breaks. Unfunded mandates are
a financial burden to cities which make them difficult to implement successfully.
The Legislature may also consider adopting policies which grant concessions to cities
based on adoption of pro-housing policies. For example, if a city were to utilize their local
land use authority to upzone a certain amount of land in a commercial corridor, they could
be exempt from policies such as requiring ministerial approval of ADUs. This will further
local land use flexibility and grants additional incentives to local governments to adopt
pro-housing policies. The City is supportive of legislation that increases land use flexibility
such as regional trust and/or trade policies, similar to Senator Allen’s SB 809.
The City would also support legislation aimed at developers to encourage sustainable,
cost-effective development of affordable housing in safe locations across the state.
Legislation which seeks to expand existing programs such as Project Homekey, or similar
programs that repurpose existing buildings or underutilized commercial property (i.e.
surface parking lots or single-story shopping centers) into affordable housing are also
viable solutions. Additionally, the Legislature should consider policies and programs
which provide social services and mental health resources to help unhoused persons be
eligible for, acquire, and maintain affordable housing.
Cities have the tools, knowledge, and policies in place to continue to plan and develop
innovative solutions to mitigate the housing crisis: solutions that best serve the city and
the residents. If, for example, a city observes that there seems to be a surplus of parking
spaces in shopping centers, they could re-zone the land to be mixed-use residential. The
city may also determine that they could lower their parking requirements in certain areas
due to traffic patterns and/or location of transit. When cities are allowed to keep their local
land use authority, they will continue to plan and develop new solutions that address their
specific constraints, and the state could reward cities for taking such actions with
additional tax revenue or tax breaks or policy concenssions.
Regional housing needs and legislation increasing density must be balanced by local
capacity assessments including traffic conditions, sewer conditions, school district
capacity, ingress/egress capacity, and water supply, among others. Legislation should re-
focus efforts toward developing programs for cities and state collaboration on housing
production, alongside sustainable transportation, broadband deployment, and other key
infrastructure areas that can support our communities.
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Attachment A
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Housing and Local Land Use Legislative Platform
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CONCLUSION
During recent legislative sessions, the City has opposed planning and zoning legislation
that usurps local control and imposes unfunded mandates. The City was founded to
protect local authority and to preserve the character of Rancho Palos Verdes. Local
oversight of planning and zoning is essential to ensure that every development is suitable
and safe for the community, to protect the health and safety of all residents.
The City is supportive of policies which strengthen local democracy, authority, and
control. The City would additionally consider supporting policies which include funded
mandates, legislation aimed at developers to encourage creation of affordable housing,
the expansion of programs such as Project Homekey, and the creation of programs to
improve social and mental health services for unhoused persons.
The City of Rancho Palos Verdes looks forward to working with the Legislature to have
an open dialogue about viable solutions to the state’s housing crisis, while maintaining all
residents’ high quality of life.
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Attachment A
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Housing and Local Land Use Legislative Platform
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ATTACHMENT A: CITY POSITIONS ON HOUSING BILLS
As of July 6, 2021, for 2021 Legislative Session
AB 215 (Chiu) would require a jurisdiction with low regional housing needs progress to
have a mid-cycle consultation with the California Department of Housing and Community
Development (HCD). The City opposed this bill because it is an intrusion into local control
and self-determination, most specifically with the usage of the pro-housing designation
as a mandatory requirement for low RHNA compliance, and by unn ecessarily adding
assessments of jurisdictions’ compliance with RHNA.
AB 989 (Gabriel) would create a state appeals board that could overturn local
government’s denial of certain housing projects. The City opposed this bill because it
would establish a new procedural enforcement mechanism that is exempt from public
oversight and review. The state appeals board would allow one hearing officer to
substitute their judgement about the public health or safety of a community and overturn
the City’s denial following procedures that are not subject to public review and comment.
AB 1258 (Nguyen) would subject final RHNA plans to judicial review. The City supported
this bill, given the significant impact a housing element has on local governments’
planning and development, it is reasonable to have an opportunity for judicial review of
RHNA decisions.
AB 1295 (Muratsuchi) would prohibit cities or counties from entering into residential
development agreements in VHFHSZs. The City commented on this bill, as the City
supported the goal of the bill to enhance safety standards in VHFHSZs, though more
information is needed about the definition of “development” pertaining to reconstru ction
of existing structures, and for clarification of the effect of the bill on RHNA.
ACA 7 (Muratsuchi) would amend the State Constitution to allow certain land use
controls and zoning regulations to supersede general law, preserving local land use
authority. The City supported this bill for the recognition of local and use authority and
flexibility for municipalities, as ACA 7 would allow cities’ local ordinances to prevail over
general law if they are in conflict.
SB 9 (Atkins) would require ministerial approval of lot splits and duplexes in single-family
residential zoning. The City opposed this bill on the grounds that it overrides local control
of zoning codes and circumvents the California Environmental Quality Act (CEQA) to
allow such subdivision ministerially without public input or consideration. Such
development may have severe consequences for public safety, especially in a VHFHSZ.
SB 10 (Wiener) would allow cities to upzone by ordinance in transit-rich areas or urban
infill sites. The City opposed this bill because it waives CEQA requirements and may
allow cities to supersede voter approved initiatives.
SB 12 (McGuire) would impose significant fire hazard planning responsibilities on local
governments. The City opposed this bill because of its effect on local land use authority.
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Housing and Local Land Use Legislative Platform
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SB 55 (Stern) would prohibit the creation or approval of a new commercial or residential
development in a VHFHSZ. The City opposed this bill because while the City supports
fire safety measures, such a prohibition infringes on local land use authority.
SB 556 (Dodd) would require cities to make streetlight poles, traffic signal poles, utility
poles, and support structures available to telecommunications providers. The City
opposed this bill because it would circumvent City oversight, and to protect the public’s
investment through City infrastructure, oversight and control of the public rights-of-way
must remain local. Additionally, the bill does not encourage or incentivize
telecommunications companies to service unserved and underserved communities and
inherently conflicts with federally-mandated local authority to manage the right-of-way and
to comply with existing Federal Communications Commission (FCC) decisions.
SB 809 (Allen) would allow cities and counties to enter into multijurisdictional agreements
to assist with meeting RHNA shares whereby one jurisdiction exchanges land in return
for financial compensation to develop that land. The City supported this bill because it
grants cities flexibility in meeting RHNA shares.
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Attachment A
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