CC SR 20210720 D - Letter of Opposition for AB 500
CITY COUNCIL MEETING DATE: 07/20/2021
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize the Mayor to sign a letter in opposition to
AB 500 (Ward).
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign a letter in opposition to AB 500, which would broaden
the California Coastal Commission’s authority to include housing policy within
coastal zones.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Jesse Villalpando, Senior Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft letter in opposition to AB 500 (page A-1)
B. Text of AB 500 (as amended June 30, 2021) (page B-1)
BACKGROUND AND DISCUSSION:
The California Coastal Act of 1976, among other things, requires anyone wishing to
perform or undertake any development in a coastal zone, except as specified, to obtain
a coastal development permit in addition to any other permit required by law from any
local government or state, regional, or local agency. In addition, current law specifies
various development standards with respect to development within the coastal zone and
requires that lower-cost visitor and recreational facilities be protected, encouraged, and,
where feasible, provided.
The Coastal Act further requires each local government that is entirely or partially within
the coastal zone to develop a local coastal program (LCP) for the portion of the coastal
zone that falls within its jurisdiction (the City’s LCP was the first LCP approved by the
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Coastal Commission). Under existing law, a LCP is not required to incorporate housing
policies and programs.
Assembly Bill No. 500, introduced by Assemblymember Chris Ward, would expand the
regulatory authority of the California Coastal Commission by granting authority to regulate
coastal zone housing in several ways. Specifically, this bill:
• Requires housing opportunities for persons and families of low and moderate
income, as defined in the bill, to be protected, encouraged, and where feasible, be
provided. AB 500 also prohibits the Commission from expressly demonstrating
preference for housing projects or policies that directly compete with visitor-serving
facilities.
• Requires new development in areas that are not vulnerable to sea-level rise and
do not pose a significant risk of wildland fire, with adequate public transit, to
preserve and expand the supply of higher density residential, multifamily
residential, and mixed-use development.
• Repeals the prohibition on the Commission requiring housing policies and
programs in LCPs.
• Requires local cities lying entirely or partially within the coastal zone to amend their
LCPs or certified Land Use Plans by January 1, 2024, to specify streamlined
permitting procedures for: (1) the approval of accessory dwelling units (ADUs) or
junior accessory dwelling units (JADUs), consistent with the bill’s specified
requirements relating to the rental of those units ; and (2) Projects in which a
specified percentage of the units will be affordable to lower income hous eholds or
designated for supportive housing, as those terms are defined.
• Requires local governments to include provisions in the aforementioned
amendment authorizing the issuance of administrative permits, coastal
development permit waivers, or other streamlined permitting procedures in non-
hazardous areas where the development will have no adverse effect on coastal
resources or public access. Additionally, AB 500 requires that the amendment be
submitted to, processed, and approved by the Commission according to the
requirements for amending a local coastal program described above.
As currently drafted, AB 500 would curtail local land use authority by empowering the
Coastal Commission to dictate housing policies to local governments, effectively limiting
the City's decision-making authority over residential and commercial development.
Moreover, this bill fails to address how the bill's grant of housing authority to the Coastal
Commission would work in conjunction with existing California Department of Housing
and Community Development (HCD) regulations, the City's housing element process,
and other recently enacted housing legislation.
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Additionally, AB 500 removes language exempting "housing policies and programs" from
being required content in an LCP. The elimination of this provision is problematic because
it is interpreted as granting the Commission additional authority over the content of LCPs,
which it does not currently have.
The City Council has strongly opposed legislation that seeks to limit local land use
authority. Although well-intentioned, given the bill's widespread impact on the City's ability
to exercise local decision-making authority over residential and commercial
developments, the staff recommends that the City Council authorize the Mayor to sign a
letter opposing AB 500 as drafted or with revisions.
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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July 20, 2021, Via Email
The Honorable Christopher Ward
California State Assembly
State Capitol Building, Room 2160
Sacramento, CA 95814
SUBJECT: Notice of Opposition to AB 500
Dear Assemblymember Ward:
The City of Rancho Palos Verdes opposes Assembly Bill No. 500, which would broaden
the California Coastal Commission’s authority to include housing policy within the coastal
zone.
The City of Rancho Palos Verdes recongnizes that housing stock, affordability and
homelessness are among the most critical issues facing California c ities. Affordably
priced homes are out of reach for millions of people, and housing is not being built fast
enough to meet the current or projected needs of people living in the state. The City of
Rancho Palos Verdes lays the groundwork for housing by plan ning and zoning new
projects in our community based on public input, state housing laws, existing infrasture,
protected biological resources, California Environmental Quality Act, and certification by
the California Department of Housing and Community Deve lopment (HCD).
Planning for and ultimately adopting a City housing element is a laborious, time
consuming, and costly process. By the end of 2022, more than two million units of
additional housing, at all income levels, will be identified and zoned accordingly to
immediately allow much needed housing over the next eight years as part of the 6th
Regional Housing Needs Allocation cycle. Importantly, these two million units will be
protected by the Housing Accountability Act, which prohibits a city from denying a housing
project that is consistent with local zoning.
AB 500 disregards the housing element process and instead adds an additional
regulatory agency to an already complex process involving HCD and local governments.
The law is clear on the purview of the Coastal Commission and its responsibilities —
housing is not one of them. That authority lies within local governments that are
responsible for the content and progress of their housing elements and Local Coastal
A-1
Assembly Member Ward
July 20, 2021
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Plans (LCPs), which guide coastal development. LCPs are local government policies. The
City of Rancho Palos Verdes opposes legislation that grants authority to the Coastal
Commission that is inconsistent, duplicative, and overlapping with the authority of other
regulatory agencies.
Additionally, AB 500 removes language which specifically exempts “housing policies and
programs” from being required content within a LCP. The removal of this provision is
problematic as it is perceived to grant additional authority to the Commission over the
content of LCPs, which it does not currently allow.
California desperately needs more housing at all income levels. Unfortunately, AB 500
will not help spur much needed construction. Rather, this measure will further complicate
the planning and zoning process, which will lead to additional uncertainty and delay.
For these reasons, the City of Rancho Palos Verdes opposes AB 500.
Sincerely,
Eric Alegria
Mayor
cc: Ben Allen, Senator, 26th State Senate District
Al Muratsuchi, Assemblymember, 66th Assembly District
Jeff Kiernan, League of California Cities
Meg Desmond, League of California Cities
Marcel Rodarte, California Contract Cities Association
Rancho Palos Verdes City Council
Ara Mihranian, City Manager
Karina Bañales, Deputy City Manager
A-2
AMENDED IN SENATE JUNE 30, 2021
AMENDED IN SENATE JUNE 21, 2021
AMENDED IN ASSEMBLY APRIL 19, 2021
AMENDED IN ASSEMBLY MARCH 25, 2021
AMENDED IN ASSEMBLY MARCH 18, 2021
california legislature—2021–22 regular session
ASSEMBLY BILL No. 500
Introduced by Assembly Member Ward
(Principal coauthor: Assembly Member Quirk-Silva)
February 9, 2021
An act to amend Sections 30213 and 30514 of, to add Section 30252.5
to, and to repeal Section 30500.1 of, the Public Resources Code, relating
to housing.
legislative counsel’s digest
AB 500, as amended, Ward. Local planning: permitting: coastal
development: housing.
Existing law, the California Coastal Act of 1976 (the Coastal Act),
among other things, requires anyone wishing to perform or undertake
any development in the coastal zone, except as specified, in addition
to obtaining any other permit required by law from any local government
or from any state, regional, or local agency, to obtain a coastal
development permit, as provided. Existing law specifies various
development standards with respect to development within the coastal
zone and requires that lower cost visitor and recreational facilities be
protected, encouraged, and, where feasible, provided.
94 B-1
This bill would additionally require that housing opportunities for
persons and families of low and moderate income, as defined, be
protected, encouraged, and provided under those provisions. The bill
would prohibit the California Coastal Commission from expressly
demonstrating preference for housing projects or policies that directly
compete with visitor-serving facilities. The bill would also, in
nonhazardous areas, areas and areas not at significant risk of wildland
fire, require that new development in areas with adequate public transit
preserve and enhance the supply of higher density residential,
multifamily residential, and mixed-use development.
The Coastal Act generally requires each local government lying in
whole or in part within the coastal zone to prepare a local coastal
program for that portion of the coastal zone within its jurisdiction.
Existing law provides that a local coastal program is not required to
include housing policies and programs.
This bill would repeal that provision.
The Coastal Act provides for the submission of a local coastal program
and zoning ordinances, zoning district maps, and other implementing
actions to, and the approval and certification of that local coastal
program and those ordinances, maps, and actions by, the California
Coastal Commission. Existing law authorizes an appropriate local
government to amend a certified local coastal program and all local
implementing ordinances, regulations, and other actions, but provides
that any such amendment does not take effect until it has been certified
by the commission, as provided.
This bill would require a local government lying, in whole or in part,
within the coastal zone that has a certified land use plan or a fully
certified local coastal program to adopt, by January 1, 2024, an
amendment to that plan or program, as applicable, specifying
streamlined permitting procedures for the approval of (1) accessory
dwelling units or junior accessory dwelling units, consistent with
specified requirements relating to the rental of those units, and (2)
projects in which a specified percentage of the units will be affordable
to lower income households or designated for supportive housing, as
those terms are defined. The bill would require that the amendment be
submitted to, and processed and approved by, the commission consistent
with the above-described requirements for the amendment of a local
coastal program. The bill would require the local government to include
provisions in that amendment for the issuance of administrative permits,
coastal development permit waivers, or other streamlined permitting
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— 2 — AB 500 B-2
procedures in nonhazardous areas where coastal resources and public
access will not be negatively impacted by that development. The bill,
by July 1, 2022, would require the commission to provide guidance that
includes sample language to all local governments subject to these
requirements for use and consideration to comply with the bill’s
requirements.
By adding to the duties of local officials with respect to development
within the coastal zone, this bill would impose a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 30213 of the Public Resources Code is
line 2 amended to read:
line 3 30213. (a) Lower cost visitor and recreational facilities and
line 4 housing opportunities for persons and families of low and moderate
line 5 income, as defined in Section 50093 of the Health and Safety Code,
line 6 shall be protected, encouraged, and, where feasible, provided.
line 7 Developments providing public recreational opportunities are
line 8 preferred.
line 9 (b) The commission shall not do any of the following:
line 10 (1) Require that overnight room rentals be fixed at an amount
line 11 certain for any privately owned and operated hotel, motel, or other
line 12 similar visitor-serving facility located on either public or private
line 13 lands.
line 14 (2) Establish or approve any method for the identification of
line 15 low- or moderate-income persons for the purpose of determining
line 16 eligibility for overnight room rentals in any such facilities.
line 17 (3) Expressly demonstrate preference for housing projects or
line 18 policies that directly compete with visitor-serving facilities.
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AB 500 — 3 — B-3
line 1 SEC. 2. Section 30252.5 is added to the Public Resources Code,
line 2 to read:
line 3 30252.5. In nonhazardous areas, including, but not limited to,
line 4 areas not vulnerable to sea level rise, rise and areas not at
line 5 significant risk of wildland fire, including, but not limited to, very
line 6 high fire hazard severity zones in local responsibility areas, as
line 7 defined in Section 51177 of the Government Code, new
line 8 development in areas with adequate public transit shall preserve
line 9 and enhance the supply of higher density residential, multifamily
line 10 residential, or mixed-use development.
line 11 SEC. 3. Section 30500.1 of the Public Resources Code is
line 12 repealed.
line 13 SEC. 4. Section 30514 of the Public Resources Code is
line 14 amended to read:
line 15 30514. (a) A certified local coastal program and all local
line 16 implementing ordinances, regulations, and other actions may be
line 17 amended by the appropriate local government, but no such
line 18 amendment shall take effect until it has been certified by the
line 19 commission.
line 20 (b) Any proposed amendments to a certified local coastal
line 21 program shall be submitted to, and processed by, the commission
line 22 in accordance with the applicable procedures and time limits
line 23 specified in Sections 30512 and 30513, except that the commission
line 24 shall make no determination as to whether a proposed amendment
line 25 raises a substantial issue as to conformity with the policies of
line 26 Chapter 3 (commencing with Section 30200) as would otherwise
line 27 be required by Section 30512. In no event shall there be more than
line 28 three of these submittals of proposed amendments in any calendar
line 29 year. However, there are no limitations on the number of
line 30 amendments included in each of the three submittals.
line 31 (c) The commission, by regulation, shall establish a procedure
line 32 whereby proposed amendments to a certified local coastal program
line 33 may be reviewed and designated by the executive director of the
line 34 commission as being minor in nature or as requiring rapid and
line 35 expeditious action. That procedure shall include provisions
line 36 authorizing local governments to propose amendments to the
line 37 executive director for that review and designation. Proposed
line 38 amendments that are designated as being minor in nature or as
line 39 requiring rapid and expeditious action shall not be subject to
line 40 subdivision (b) or Sections 30512 and 30513 and shall take effect
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— 4 — AB 500 B-4
line 1 on the 10th working day after designation. Amendments that allow
line 2 changes in uses shall not be so designated.
line 3 (d) (1) The executive director may determine that a proposed
line 4 local coastal program amendment is de minimis if the executive
line 5 director determines that a proposed amendment would have no
line 6 impact, either individually or cumulatively, on coastal resources,
line 7 is consistent with the policies of Chapter 3 (commencing with
line 8 Section 30200), and meets the following criteria:
line 9 (A) The local government, at least 21 days prior to the date of
line 10 submitting the proposed amendment to the executive director, has
line 11 provided public notice, and provided a copy to the commission,
line 12 that specifies the dates and places where comments will be accepted
line 13 on the proposed amendment, contains a brief description of the
line 14 proposed amendment, and states the address where copies of the
line 15 proposed amendment are available for public review, by one of
line 16 the following procedures:
line 17 (i) Publication, no fewer times than required by Section 6061
line 18 of the Government Code, in a newspaper of general circulation in
line 19 the area affected by the proposed amendment. If more than one
line 20 area will be affected, the notice shall be published in the newspaper
line 21 of largest circulation from among the newspapers of general
line 22 circulation in those areas.
line 23 (ii) Posting of the notice by the local government both onsite
line 24 and offsite in the area affected by the proposed amendment.
line 25 (iii) Direct mailing to the owners and occupants of contiguous
line 26 property shown on the latest equalized assessment roll.
line 27 (B) The proposed amendment does not propose any change in
line 28 land use or water uses or any change in the allowable use of
line 29 property.
line 30 (2) At the time that the local government submits the proposed
line 31 amendment to the executive director, the local government shall
line 32 also submit to the executive director any public comments that
line 33 were received during the comment period provided pursuant to
line 34 subparagraph (A) of paragraph (1).
line 35 (3) (A) The executive director shall make a determination as
line 36 to whether the proposed amendment is de minimis within 10
line 37 working days of the date of submittal by the local government. If
line 38 the proposed amendment is determined to be de minimis, the
line 39 proposed amendment shall be noticed in the agenda of the next
line 40 regularly scheduled meeting of the commission, in accordance
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AB 500 — 5 — B-5
line 1 with Section 11125 of the Government Code, and any public
line 2 comments forwarded by the local government shall be made
line 3 available to the members of the commission.
line 4 (B) If three members of the commission object to the executive
line 5 director’s determination that the proposed amendment is de
line 6 minimis, the proposed amendment shall be set for public hearing
line 7 in accordance with the procedures specified in subdivision (b), or
line 8 as specified in subdivision (c) if applicable, as determined by the
line 9 executive director, or, at the request of the local government,
line 10 returned to the local government. If set for public hearing under
line 11 subdivision (b), the time requirements set by Sections 30512 and
line 12 30513 shall commence from the date on which the objection to
line 13 the de minimis designation was made.
line 14 (C) If three or more members of the commission do not object
line 15 to the de minimis determination, the de minimis local coastal
line 16 program amendment shall become part of the certified local coastal
line 17 program 10 days after the date of the commission meeting.
line 18 (4) The commission, after a noticed public hearing, may adopt
line 19 guidelines to implement this subdivision, which shall be exempt
line 20 from review by the Office of Administrative Law and from Chapter
line 21 3.5 (commencing with Section 11340) of Part 1 of Division 3 of
line 22 Title 2 of the Government Code. The commission shall file any
line 23 guidelines adopted pursuant to this paragraph with the Office of
line 24 Administrative Law.
line 25 (e) For purposes of this section, “amendment of a certified local
line 26 coastal program” includes, but is not limited to, any action by a
line 27 local government that authorizes the use of a parcel of land other
line 28 than a use that is designated in the certified local coastal program
line 29 as a permitted use of the parcel.
line 30 (f) (1) No later than January 1, 2024, a local government lying,
line 31 in whole or in part, within the coastal zone that has a certified land
line 32 use plan or a fully certified local coastal program shall adopt an
line 33 amendment to that plan or program, as applicable, specifying
line 34 streamlined permitting procedures for the approval of the
line 35 following:
line 36 (A) Accessory dwelling units or junior accessor accessory
line 37 dwelling units, consistent with the requirements of paragraph (4)
line 38 of subdivision (e) of Section 65852.2 of the Government Code.
line 39 (B) Projects in which 100 percent of the units, exclusive of a
line 40 manager’s unit or units, will be affordable to lower income
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— 6 — AB 500 B-6
line 1 households, as defined in Section 50079.5 of the Health and Safety
line 2 Code, for a period of at least 55 years, or in which at least 25
line 3 percent of the units are designated for supportive housing, as
line 4 defined in Section 50675.14 of the Health and Safety Code.
line 5 (2) The amendment required pursuant to this subdivision shall
line 6 be submitted to, and processed and approved by, the commission
line 7 consistent with the requirements of this section and shall include
line 8 provisions for the issuance of administrative permits, coastal
line 9 development permit waivers, or other streamlined permitting
line 10 procedures in nonhazardous areas where coastal resources and
line 11 public access will not be negatively impacted by that development.
line 12 The commission shall process and approve the amendment within
line 13 the time limits specified in Sections 30512 and 30513 and any
line 14 implementing regulations.
line 15 (3) The commission shall retain the authority to deny a permit
line 16 waiver or exemption, process an appeal pursuant to Section 30603,
line 17 or impose conditions necessary for a project to achieve consistency
line 18 with Chapter 3 (commencing with Section 30200).
line 19 (4) The commission shall, by July 1, 2022, provide guidance
line 20 that includes sample language to all local governments subject to
line 21 this subdivision for use and consideration to comply with the
line 22 requirements of this subdivision.
line 23 SEC. 5. If the Commission on State Mandates determines that
line 24 this act contains costs mandated by the state, reimbursement to
line 25 local agencies and school districts for those costs shall be made
line 26 pursuant to Part 7 (commencing with Section 17500) of Division
line 27 4 of Title 2 of the Government Code.
O
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AB 500 — 7 — B-7