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CC SR 20210706 04 - Housing Legislative Advocacy CITY COUNCIL MEETING DATE: 07/06/2021 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to approve a City platform responding to housing and local land use legislation. RECOMMENDED COUNCIL ACTION: (1) Adopt Resolution No. 2021-__, thereby approving the City of Rancho Palos Verdes Housing and Local Land Use Legislative Platform and direct Staff to publish the platform on the City’s networks; (2) Authorize the Mayor to sign a letter to, among other agencies, the League of California Cities (Cal Cities) Housing, Community, and Economic Development Policy Committee, sharing the City’s housing platform and preferred legislative priorities and requesting collaboration to build a coalition to protect local land use authority; and (3) Direct Staff to disseminate educational materials for residents on how to engage with their elected officials. 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 Resolution No. 2021-__ A Resolution Adopting the City’s Housing and Local Land Use Legislative Platform (page A -1) B. Draft City of Rancho Palos Verdes Housing and Local Land Use Legislative Platform (page B-1) C. Draft Letter to Cal Cities Requesting Collaboration Regarding Housing Platform (page C-1) D. Draft Flyer on Contacting Elected Officials (page D-1) E. Resolution 2020-46 (page E-1) 1 CITYOF RANCHO PALOS VERDES BACKGROUND: On August 4, 2020, the City Council passed 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 (see Attachment E). During the current legislative session, the City has taken a position on nine bills relating to housing and local land use policy. The City Council has expressed concern that the state is continuing to move forward with potentially detrimental housing bills that erode local control despite local opposition. Two such bills, SB 9 and SB 10 are moving through the committee process in the second house. SB 9 would require ministerial approval of lot splits and duplexes in single family residential zoned parcels and has been referred to the Assembly Appropriations Committee. As of the writing of this report, it does not yet have a hearing date. SB 10 would allow cities to upzone by ordinance and will be heard in the Assembly Local Government Committee on June 30, after the transmittal of this staff report. At the June 15, 2021 meeting, the City Council directed Staff to return with materials and a plan to help encourage residents to voice their opinions in the legislative process, particularly as it relates to housing and land use policies. Staff proposes to advance this directive through collaboration, education, and legal actions as discussed below. In terms of educating the public on these legislative matters, the California Court of Appeals ruled in Miller v. Miller (1978)1, that while public agencies may use public resources to lobby legislators or governmental agencies, they may not use public funds to urge members of the public to contact their legislators on specific positions. Therefore, any usage of public funds intended to be received by residents cannot provide explicit bill positions. While the City cannot ask residents to take certain positions on bills, the City can work with other agencies and with the state to advocate on behalf of residents. DISCUSSION: Collaboration The City’s main, and most direct, path to effecting legislative change is through working with other agencies and with the state. The City routinely communicates with Senator Allen and Assemblymember Muratsuchi, the other Peninsula cities, the League of California Cities (Cal Cities), the California Contract Cities Association (CCCA), and the South Bay Cities Council of Governments (SBCCOG). Many cities, special districts, and other organizations that frequently take positions on federal and state legislation adopt a legislative program or platform, outlining policy statements regarding legislative and regulatory issues that are of interest to the organization and are likely to come forward during the legislative session. 1 See Miller v. Miller, 1978, Court of Appeal California, Third Appellate District. 2 The City recognizes the State of California is in a housing crisis due to limited housing stock and lack of affordable housing. The Legislature has recently sought to remedy the crisis by proposing legislation which typically streamlines review processes, but can also be characterized as infringing on local land use authority. As a result, the City has been taking an increasingly active role in taking positions on housing and local land use bills. In response to the City’s increasing efforts related to housing and land use policy positions, and at Mayor Alegria’s request to prepare a letter outlining the City’s positions for Cal Cities’ consideration, Staff has prepared a Housing and Local Land Use Legislative Platform to set the framework for collaborating with other agencies (see Attachment B). The housing platform outlines the unique geographic, geologic, and infrastructure constraints in the City that make one-size-fits-all legislation such as by-right housing requirements difficult to safely implement and provides an overview of the City’s existing position of supporting policies which strengthen local control and opposing those that do not. The platform also makes suggestions for preferred legislative solutions, such as: • Policies which strengthen local democracy, authority, and control. • Policies which include funded mandates or create funded programs such as Local Early Action Planning (LEAP) and Regional Early Action Planning (REAP) that provide financial incentives to cities assistin in creating local planning efforts and policies in housing. • Policies or grants directed toward developers to incentivize the creation of affordable housing. • Policies which expand programs such as Project Homekey, which repurpose existing buildings into an affordable housing option. • Policies and programs which provide social services and mental health services to help unhoused persons be eligible for, acquire, and maintain affordable housing. • 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. Ultimately, the current legislative preference for mandating by-right approvals to increase density fails to consider the nuances of individual communities, potentially risking public safety, and does nothing to inherently promote affordable housing. Upzoning parcels, or allowing more units on a lot than zoning would dictate as intended in the current draft of SB 9, does not necessarily produce more affordable housing. Instead, upzoning will likely increase the value of the land especially in coastal or urban communities, which makes new construction unnecessarily more expensive and raises the values and rents throughout neighborhoods over time. Zoning requirements are not the same as affordable housing requirements, and there are no legislative guarantees that housing built on upzoned land would be affordable housing, albeit providing increased housing stock that will be at market or above market rates. 3 Regional housing needs and legislation increasing density must be balanced by local capacity assessments including traffic conditions, sewer conditions, electricity grid capacity, school district capacity, evacuation ingress/egress capacity in high fire hazard areas, 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 areas and infrastructure that can support our communities. Also included in the housing platform is a brief summary of all of the housing and land use bills the City Council has taken a position on and the reason for the City’s support/opposition. This section of the platform will be updated as the City takes a position on additional bills. The intention of this housing platform is to guide the City’s advocacy efforts, and to share the City’s position with residents, partner cities, regional organizations, and elected officials. The platform can also be used as an attachment to any future position letters to provide additional context on the City’s broader housing policy priorities. Should this platform be adopted via resolution (Attachment A), it will be transmitted to Senator Allen and Assemblymember Muratsuchi, partner agencies, and the California State Senate and Assembly housing committees. The Legislative Advocacy Subcommittee, comprised of Mayor Alegria and Councilmember Cruikshank, have recommended that the platform be used to help form a coalition to protect local control with partner agencies such as Cal Cities, SBCCOG, the Southern California Association of Governments (SCAG), and other regional organizations (see the draft letter to Cal Cities, Attachment C). Education The City can also play an educational role for residents, helping them find more information about the housing crisis, legislation proposed to combat it, and keeping them broadly informed of the City Council’s actions related to housing legislation. Information on the City’s legislative positions is available on the City website at rpvca.gov/LegislationCorner, or may be viewed in the City Manager’s Weekly Administrative Report, and is updated regularly based on latest information . To help inform residents on how they can contact their elected officials, Staff has prepared a flyer with contact information for federal, state, county, and city elected officials (see Attachment D). With City Council direction, it can be distributed via the City’s social media platforms, the City Manager’s Weekly Administrative Report, the City’s listserv email messaging, and the newsletter, in addition to the City’s website. In terms of state legislative advocacy, should residents choose to voice their position on a bill, they may do so by contacting the offices of Senator Allen and Assemblymember 4 Muratsuchi, and may upload letters to the Position Letter Portal to communicate with committee members and their staffs. They could also express their position during legislative committee hearings. Residents may contact state legislators using the following contact information: Senator Ben Allen Capitol Office: 916-651-4026 State Capitol Room 4076 Sacramento, CA 95814 Local District Office: 310-318-6994 2512 Artesia Blvd #320 Redondo Beach, CA 90278-3279 Assemblymember Al Muratsuchi Capitol Office: 916-319-2066 State Capitol, PO Box 942849, Room 2148 Sacramento, CA 94249-0066 Local District Office: 310-375-0691 3424 W. Carson St., Suite 450 Torrance, CA 90503 Once a bill passes from the Legislature to the governor’s desk, residents may voice their concerns directly to the governor’s office with the following contact information: Governor Gavin Newsom Capitol Office: 916-445-2841 1303 10th St., Suite 1173 Sacramento, CA 95814 To submit a letter to the California Legislature, residents can register their position through the California Legislative Position Letter Portal on any pending legislation. The Position Letter Portal is accessible at calegislation.lc.ca.gov/Advocates. Letters sent through the Position Letter Portal are transmitted to the Senate and/or Assembly committees when the bills are heard. Residents can also learn more about different persp ectives on bills from local organizations and advocacy groups that promote their positions. Legal Options Cities are granted police power in the California Constitution, which states that “A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws” (see Article XI, section 7). Land use and zoning regulations are derivative of a City’s general police power. Recently, the Orange County Council of Governments (OCCOG) and the City of Beverly Hills moved to proceed with legal options to challenge its regional housing need allocation (RHNA). However, case law has made such challenges difficult for cities 2. For example, the Court of Appeal in the Irvine case said that the structure of the housing statutes in 2 See City of Irvine v. Southern California Assn. of Governments (2009) 175 Cal.App.4th 506, 512 5 question in that case “reflects a clear intent on the part of the Legislature to render this process immune from judicial intervention.” The OCCOG litigation is not a challenge on state authority to adopt affordable housing requirements, but rather alleges that state law was not followed in imposing RHNA requirements. In other words, recent litigation is a case-by-case challenge to the implementation of state law, not on the authority to the Legislature to adopt housing laws. Other jurisdictions such as Huntington Beach have considered litigation but ultimately decided against it due to cost and low chance of meaningful success . Even if RHNA shares were adjusted, they would likely still be responsible for the majority of the shares, so their potential success would not be worth the cost of litigation. Given the challenges that a “general law” city faces in a broad brush challenge to the Legislature’s authority to adopt laws which effectively limit “local control” over land use and zoning issues, the Council may want to again consider asking the voters if Rancho Palos Verdes wants to become a “charter” city. Article XI, section 5, of the Constitution, commonly referred to as the “home rule” provision, generally gives charter cities full authority over their “municipal affairs” (and housing and land use laws are widely recognized to be uniquely a municipal affair) while recognizing state law supremacy over matters of statewide concern. Based on this constitutional grant of authority, an adopted city charter operates as an instrument of broad power of a city over its municipal affairs. The charter provisions set the standards for a city’s exercise of its authority. Were the voters supportive of becoming a charter city, state laws that impinge on matter of uniquely “municipal affairs” would not be applicable to the City. However, state laws declared of be of “statewide concern” apply notwithstanding the charter status of a city. Just because the Legislature declares a matter to be of statewide concern does not make it so and, in the end, that issue can be resolved through litigation, an option not available to a “general law” city. The City Council may wish to further explore areas for collaboration before moving to a legal option, including potentially increasing advocacy efforts by hiring a lobbyist to promote the City’s interests in Sacramento. ADDITIONAL INFORMATION: The City Council has previously expressed an interest in hiring a lobbyist to promote the City positions in Sacramento, with the potential to consider a joint-Peninsula lobbyist. To date, conversations have ensued with the other three Peninsula cities with interest expressed by the Cities of Rolling Hills and Palos Verdes Estates. Efforts are currently underway to seek proposals from lobbyists that would represent the Peninsula cities in housing and local control issues. On April 22, 2021, the SBCCOG Board of Directors approved hiring a regional planner for the South Bay cities. The regional planner will work with member cities on land use 6 issues and monitor and interpret housing legislation, including participating in legislative advocacy on behalf of the SBCCOG as directed on state housing policy and legislation. It is expected that when this position is filled, the planner will advocate on behalf of the SBCCOG, representing member cities. Should the City be interested in hiring a dedicated state lobbyist, it will likely cost between $45,000-$50,000 per year, based on similar contracts held by other cities. This cost could be offset by hiring a joint-Peninsula lobbyist, but there is some concern that top issue areas for the City may not be shared with the other cities, or other cities may be less interested in taking such an active advocacy role. Staff will return at a future meeting with more information on a lobbyist including whether to consider hiring a lobbyist until after the SBCCOG’s regional planner begins working, to determine if additional adv ocacy is required. CONCLUSION: In response to the increasing advocacy efforts of the City on behalf of residents in relation to housing and local land use legislative policies, and to memorialize the City’s positions, Staff recommends the City Council adopt the attached resolution (Attachment A) thereby approving, as drafted or with revisions, the City of Rancho Palos Verdes Housing and Local Land Use Legislative Platform (Attachment B). Staff also recommends authorizing the Mayor to sign a letter, as drafted or with revisions, to the Cal Cities Housing, Community, and Economic Development Policy Committee, expressing the City’s preferred legislative solutions and seeking to support to form a coalition to protect local control (Attachment C). To assist in educating members of the public on how they can contact their elected officials, Staff is requesting direction to disseminate a flyer (Attachment D) detailing contact information for the City’s elected officials at all levels of government. Information on the City’s specific legislative positions may be found on the City website. 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 housing platform, Cal Cities letter, and/or elected officials contact information flyer. 2. Direct Staff not to issue the housing platform, Cal Cities letter, and/or elected officials contact information flyer. 3. Take other action, as deemed appropriate. 7 Resolution No. 2021-__ Page 1 of 3 RESOLUTION NO. 2021-__ 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 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 c risis; 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 . A-1 Resolution No. 2021-__ Page 2 of 3 NOW, THEREFORE, the City Council of the City of Rancho Palos Verdes does hereby resolve as follows: 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. A-2 Resolution No. 2021-__ Page 3 of 3 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. ___________________________ 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-__ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on July 6, 2021. ________________________ Teresa Takaoka, City Clerk A-3 CITY OF RANCHO PALOS VERDES HOUSING AND LOCAL LAND USE LEGISLATIVE PLATFORM DATE ADOPTED: Resolution No. 2021-__ 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 B-1 CITYOF RANCHO PALOS VERDES Housing and Local Land Use Legislative Platform Page 2 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. B-2 Housing and Local Land Use Legislative Platform Page 3 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. B-3 Housing and Local Land Use Legislative Platform Page 4 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 B-4 Housing and Local Land Use Legislative Platform Page 5 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. B-5 Housing and Local Land Use Legislative Platform Page 6 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. B-6 Housing and Local Land Use Legislative Platform Page A-1 ATTACHMENT A: CITY POSITIONS ON HOUSING BILLS As of June 15, 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 556 (Dodd) would require cities to make streetlight poles, traffic signal poles, utility poles, and support structures available to telecommunications providers. The City B-7 Housing and Local Land Use Legislative Platform Page A-2 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. B-8 July 6, 2021 Via Email The Honorable Marilyn Ezzy-Ashcraft League of California Cities Housing, Community, and Economic Development Policy Committee 1400 K Street, Suite 400 Sacramento, CA 95814 SUBJECT: Request for Collaboration Regarding the City of Rancho Palos Verdes’ Housing and Local Land Use Legislative Platform Dear Chair Ezzy-Ashcraft: The City of Rancho Palos Verdes has continued to take strong opposition to proposed state legislation which seeks to undermine local land use auth ority. As such, the City has prepared a platform outlining the City’s positions and making suggested recommendations to improve the state’s housing crisis (attached). We would appreciate your, and the League of California Cities (Cal Cities) Housing, Community, and Economic Development Policy Committee’s consideration and collaboration with our proposals. We are seeking to build a coalition to protect local land use authority at the state level, while working together to help solve the state’s housing crisis both in terms of affordability and available stock. In regards to housing and other land use decisions, factors to consider in Rancho Palos Verdes include the City being located almost entirely within a Cal Fire-designated Very High Fire Hazard Severity Zone, having one of the largest and active landslides in the country, sea cliff erosion hazard, extreme slopes of 35% or greater, and large open protected spaces. The City has determined that approximately 20% of the City’s land is not suitable for development due to these factors. In general, cities must also consider other factors such as traffic conditions, sewer conditions, electricity capacity, school district capacity, among others, when making planning decisions. By-right or one-size-fits-all legislation inherently fails to consider the unique geographic, geologic, and infrastructure constraints required to ensure a C-1 ERIC A LE C,RIA MAYOR rlAVln n. BRAnLEY. M AYOR PRO TEM cJOI IN CRUll<SI IANI<, COUNCIi MFMRFR l(FN DYDA, COlJNCII MFMRFR tlAIS:l::l/\l\/\ FE:l\l\/\1-zO, COUNCILME:.Ml::lcl\ Chair Ezzy-Ashcraft July 6, 2021 Page 2 development project is successful and to maintain or enhance public safety and quality of life for all. Additionally, streamlined, ministerial approvals do not promote affordable housing, which is tantamount to resolving the housing crisis. The City is supportive of policies which strengthen local democracy, authority, and control, and opposes proposed planning and zoning legislation that usurps local control and imposes unfunded mandates. In summary, the City proposes the following legislative priorities related to housing and land use, which seek to preserve local control and encourage safe and affordable development. These strategies align with Cal Cities’ strategic housing priority. The City’s Housing Platform attached to this letter provides additional details on the City’s positions. Preferred legislative solutions to the housing crisis include: • Policies which strengthen local democracy, authority, and control. • 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 and policies that provide financial incentives to cities. • Policies or grants directed toward developers to incentivize the creation of affordable housing. • Policies which expand programs such as Project Homekey, which repurpose existing buildings into an affordable housing option. • Policies and programs which provide social services and mental health services to help unhoused persons be eligible for, acquire, and maintain affordable housing. • 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. Local planning departments have the knowledge and skills to prepare creative solutions to the housing crisis that best serve their communities based on their General Plan’s Housing Elements. 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 solve the housing crisis. We are greatly appreciative of the advocacy work of the Housing, Community, and Economic Development Policy Committee, as well as Cal Cities as a whole. As we continue to take a more active role in advocating for our residents, we are looking C-2 Chair Ezzy-Ashcraft July 6, 2021 Page 2 forward to continuing to work closely together with you to help solve the housing crisis and to preserve local land use authority. Sincerely, Eric Alegria Mayor cc: Jeff Kiernan, League of California Cities Meg Desmond, League of California Cities Rancho Palos Verdes City Council Ara Mihranian, City Manager Karina Bañales, Deputy City Manager Attachments: Resolution No. 2021- ___ - City of Rancho Palos Verdes Housing and Local Land Use Legislative Platform C-3 City of Rancho Palos Verdes Contact the Rancho Palos Verdes City Council by emailing cc@rpvca.gov, calling City Hall at 310-544-5200, or participating in City Council meetings. City Council meet- ings are held on the first and third Tuesdays of every month at Hesse Park at 7:00 p.m. Agendas are available at rpvca.gov/agendas. Federal President President Joe Biden Phone: 202-456-1414 Website: whitehouse.gov U.S. Senators, California Senator Diane Feinstein Phone: 202-224-3841 Local Phone: 310-914-7300 Website: feinstein.senate.gov Senator Alex Padilla Phone: 202-224-3553 Local Phone: 310-231-4494 Website: padilla.senate.gov U.S. Representative, District 33 Representative Ted Lieu Phone: 202-228-2976 Local Phone: 323-651-1040 Website: lieu.house.gov Los Angeles County Fourth District Supervisor Janice Hahn Phone: 213-974-4444 Email: FourthDistrict @bos.lacounty.gov Website: hahn.lacounty.gov State Governor Governor Gavin Newsom Phone: 916-445-2841 Website: gov.ca.gov State Senate, District 26 Senator Ben Allen Phone: 916-651-4026 Local Phone: 310-318-6994 Website: sd26.senate.ca.gov State Assembly, District 66 Assemblymember Al Muratsuchi Phone: 916-319-2066 Local Phone: 310-375-0691 Website: a66.asmdc.org Contacting State Legislative Committee Members Letters on state legislative bill positions may be submitted to the Legislative Position Letter Portal. Letters are transmitted to all committee members and are entered into the public record for committee hearings. Letters can be uploaded to calegislation.lc.ca.gov/Advocates. Federal and State Bills Federal bills are available to view at congress.gov. State bills are available to view at leginfo.legislature.ca.gov. To learn more about bills the City Council has taken a position on, visit rpvca.gov/LegislationCorner. D-1CITY or ~ RANCHO Fl'\LDS VERDES E-1 I I I RESOLUTION NO. 2020-46 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 policie•s 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 great 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. E-2 • 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: annual 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 development: 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. Resolution No. 2020-46 Page 2 of 3 I I I E-3 I I I PASSED, APPROVED, and ADOPTED this 4th day of August, 2020. Attest: ~\~ milyColborn,CifyClrk 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. 2020-46 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on August 4, 2020. ~~l~~ ilyColborn, City Cler Resolution No. 2020-46 Page 3 oJ 3