CC SR 20220315 I - Housing Element Annual Progress Report
CITY COUNCIL MEETING DATE: 03/15/2022
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to forward the 2021 Housing Element Annual Progress
Report to the appropriate state agencies.
RECOMMENDED COUNCIL ACTION:
(1) Authorize Staff to forward the City’s Annual Progress Report on the implementation
of the Rancho Palos Verdes Housing Element during the 2021 calendar year to
the Governor’s Office of Planning and Research (OPR) and the California
Department of Housing and Community Development (HCD).
FISCAL IMPACT: Filing the City’s Annual Housing Element Progress Report will not
have a fiscal impact. However, costs associated with the implementation of certain
projects supported by the Housing Element are addressed on a project basis when
considered by the City Council, such as grant funds awarded to the City to create a mixed-
use overlay zone.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Steven Giang, Associate Planner
Octavio Silva, Deputy Director of Community Development
REVIEWED BY: Ken Rukavina, Director of Community Development
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. 2021 Annual Progress Report on the implementation of the Rancho Palos Verdes
Housing Element (page A-1)
B. HCD’S comments on the City’s Draft Housing Element Update (page B-1)
C. New State Housing Bills Summary (page C-1)
BACKGROUND:
Each California city, pursuant to Government Code §65300, is required to prepare and
adopt a General Plan for its jurisdiction with certain mandatory elements, including a
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CfTYOF RANCHO PALOS VERDES
Housing Element. The Housing Element consists of: (a) an identification and analysis of
existing and projected housing needs, including the local government’s share of the
regional housing needs; (b) an inventory of resources and constraints relevant to meeting
those needs; and (c) a program showing a five-year schedule of actions to be taken to
implement the Housing Element, including how the local government plans to meet its
share of the regional housing needs.
Pursuant to Government Code §65400, a local jurisdiction is required to prepare and
submit an annual progress report on the jurisdiction’s status and progress in implementing
its Housing Element by April 1 of each year. In 1995, the Legislature required HCD to
adopt forms and definitions for local governments to use for the preparation of their annual
progress reports. Over the years, the forms and tables were expanded by HCD and
updated to include, but are not limited to, project streamlining, identification of sites to
accommodate housing shortfalls, and the status of expending Local Early Action Planning
(LEAP) grant funds for applicable jurisdictions.
DISCUSSION:
The 2021 Annual Progress Report on the City’s 5th cycle Housing Element provides HCD
with the required information based on the following tables (see Attachment A):
• Table A - Housing development applications submitted
• Table A2 – Annual building permit activity summary
• Table B - Regional housing needs allocation progress and permits issued by
affordability
• Table C - Sites identified or rezoned to accommodate shortfall housing needs
• Table D - Housing element program implementation status
• Table E - Commercial development bonus
• Table F (optional) - Units rehabilitated, preserved and acquired for alternative
adequate sites for the 2021 calendar year
• Table G - Locally owned lands in the housing element sites inventory
• Table H - Locally owned surplus sites
• LEAP Reporting
The attached Housing Element 2021 Annual Progress Report only includes information
for Tables A through B, D, and LEAP Reporting as the City has no reportable information
for Tables C, and E through H, which focus on the construction of commercial
development, units that were substantially rehabilitated, acquired, or preserved and
locally owned lands that were sold, leased or disposed of by the City. Due to the extensive
amount of information on the tables and to ensur e that the information being presented
remains legible, the Housing Element 2021 Annual Progress Report is available for
review here (Attachment A). Staff believes the Goals and Policies of the City’s Housing
Element for this reporting period have continued to be implemented by actions taken by
the City while balancing community needs, property rights, and the health, safety and
welfare of the general public.
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Upon acceptance by the City Council, the Housing Element 2021 Annual Progress Report
will be delivered to OPR and HCD by the April 1, 2022, submittal deadline. The submittal
of a timely and up-to-date Annual Progress Report to the state ensures compliance with
state law and continues to provide funding and grant opportunities to the City.
Planning Commission Review
On February 22, 2022, the Planning Commission reviewed the City’s Housing Element
Annual Progress Report on the status of the Housing Element and the progress on its
implementation during the 2021 calendar year. The Planning Commission did not identify
additional information to be included and recommended and that Staff forward the report
to the City Council for its consideration.
ADDITIONAL INFORMATION:
6th Cycle Regional Housing Needs Assessment (2021-2029)
The Regional Housing Needs Assessment (RHNA) is a representation of future housing
needs for all income levels of a jurisdiction and is a requirement of the California state
housing law. As part of the RHNA, every jurisdiction must plan for its RHNA allocation in
the Housing Element of its General Plan. The RHNA quantifies the need for h ousing within
each jurisdiction in the state during specified planning periods. For instance, information
presented in Table B of the attached 2021 Annual Progress Report discussed above
provides an update on the 5th cycle RHNA, which covers the planning period from October
2013 to October 2021. Specifically, the City has provided for 138 housing units, which is
greater than the 31 required for the 5th RHNA cycle, but fell short by eight units in the
very-low or low income categories.
Based on the regional housing need determination provided by HCD, the Southern
California Association of Governments (SCAG) developed and distributed the 6th cycle
RHNA allocation plan for 1,341,827 housing units among four income categor ies (very
low, low, moderate, and above-moderate income levels) across each jurisdiction within
the SCAG region to cover the planning period from October 2021 through October 2029.
The resulting 6th cycle RHNA allocation for the City of Rancho Palos Verdes requires
providing 647 units across the following income categories, which include eight very-low
or low income units that are carried over from the 5th cycle RHNA. The 6th cycle RHNA
figures are identified below:
• 257 very-low income units
• 143 low-income units
• 125 moderate income units
• 122 above-moderate income units
More information on the RHNA process and allocation can be found by visiting the SCAG
website.
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2021-2029 Housing Element Update
To accommodate the 6th cycle RHNA allocation, the Community Development
Department is in the process of updating the City’s Housing Element of the General Plan
that will cover the planning period from October 2021 to October 2029. On
August 24, 2021, the City Council and Planning Commission held a joint study session,
which was the first of three public meetings related to the Housing Element update. The
topics of discussion included, but were not limited to, the state housing laws and
associated requirements; regulations and strategies to accommodate the RHNA; and
authorizing the issuance of a Housing Element Community Survey. The Planning
Commission and City Council reviewed drafts of the Housing Element update at their
respective meetings on October 12, 2021 and October 19, 2021.
On November 19, 2021, Staff submitted the draft Housing Element update to HCD for its
review and received comments from HCD on January 18, 2022 (Attachment B). At this
time, Staff is addressing HCD’s comments and preparing a final draft of the Housing
Element. One of the primary concerns raised by HCD is the Site Inventory Analysis
included in the draft document, which lists potential vacant and non-vacant parcels within
the City identified to be rezoned to accommodate the City’s RHNA. The City is largely
built-out and contains a vast amount of protected open space with unique togographic
conditions that make such undeveloped areas not only unavailable but unsuitable for
development. As a result, this leaves only a limited amount of small undeveloped parcels
available for development; therefore, existing commercial properties, most of which are
already developed, have been identified in the Site Inventory Analysis. HCD is requesting
staff to provide additional information to study the realistic capacity to redevelop the
developed commercial sites into housing; including property turnover on a site-by-site
basis, development trends and performance factors. As the City acknowledges these
limitations as well, staff is drafting a letter inviting HCD representatives to visit the City
and assess firsthand the constraints and limitations that the City is facing to accommodate
its RHNA. Additional updates on HCD’s response will be provided through the City
Manager’s Weekly Administrative Report once more information becomes available.
On January 13, 2022, the Community Development Department issued a Notice of Intent
to adopt a Negative Declaration for the proposed Housing Element update pursuant to
the California Environmental Quality Act (CEQA). Based on the Initial Study (IS) that
evaluated the potential environmental impacts of the proposed Housing Element update,
a Negative Declaration was prepared instead of an Environmental Impact Report, as the
Housing Element update is a policy document that does not include physical development
at this time with no significant environmental impacts. The 30 -day CEQA public
commenting period ended on February 15, 2022, which will be included as part of the
City’s final Housing Element update document. Staff anticipates presenting the final draft
of the Housing Element update and associated CEQA review to the Planning Commission
and City Council later this spring. In the interim, Staff is also planning to host a virtual
town hall meeting to garner additional public participation in the process. More information
on the draft Housing Element update and the virtual town hall meeting in the near future
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will be posted on the City’s website at rpvca.gov/housingelement as soon as it becomes
available.
As part of the City’s effort to prepare for the 6th cycle RHNA and the implementation of
the updated Housing Element, the City is utilizing $310,000 in grant funds administered
by HCD via Senate Bill No. 2 (SB 2) and the LEAP Grant Program to establish a mixed-
use overlay zoning district in the commercial zones within the City. Currently, potential
sites are being screened to determine appropriate locations for mixed -use development,
with the first round of public outreach tentatively scheduled to begin soon after the
Housing Element update is adopted by the City Council.
New State Housing Bills
In 2021, Governor Newsom signed into law 24 state housing bills applicable to public
agencies in which some became effective immediately while the remaining laws took
effect on January 1, 2022. One of the major housing bills to note is Senate Bill No. 9 (SB
9). As a result of SB 9, the City Council adopted Urgency Ordinance No. 656U to codify
regulations pertaining to urban lot splits and two -unit developments on single-family
residential lots on December 21, 2021. Further revisions to the code lanauge related to
SB 9 will undergo the standard code amendment process of first obtaining Planning
Commission input and then forwarding their recommendation to the City Council. The
staff report and Urgency Ordinance No. 656U related to SB 9 can be reviewed on the City
website. A summary with additional information on each new housing bill and respective
impacts to the City has also been attached to this report and available to review here
(Attachment C). It should also be noted that the City Manager’s Office has provided status
updates on the 2021 Legislative Sessions on two occasions last year that included
numerous housing bills on which the City Council took position. The staff report related
to the 2021 Legislative Session can be reviewed on the City website.
Housing Outlook
With the numerous state housing bills passed in recent years and the significant increase
in the City’s RHNA allocation for the 6th cycle planning period, the City is working to
overcome the challenges faced by identifying various strategies. It should be noted that
while cities do not control local market realities or the availability of funding to support the
development of housing for various incomes levels, cities are required to ensure that
enough land is zoned for, and barriers are removed, within their respective jurisdictions
to accommodate such housing. To that end, the Community Development Department is
specifically considering strategies that include, but are not limited to, the establishment of
mixed-use overlay zoning districts, implementation of SB 9 , via the Council-adopted
Urgency Ordinance, to regulate lot splits or two-unit developments and continued tracking
and processing of accessory dwelling units that conform to the City’s unique
circumstances while being compliant with state requirements.
As Staff prepares a final draft of the Housing Element update in the coming weeks, Staff
will continue to work closely with elected and appointed officials, as well as the public, to
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prepare programs, related housing regulations, and code amendments that meet state
housing law and are true to the Goals and Policies of the City’s General Plan.
CONCLUSION:
Staff therefore recommends the City Council authorize forwarding the City’s Annual
Progress Report the appropriate state agencies.
ALTERNATIVES:
In addition to Staff’s recommendation, the following alternative is available for the City
Council’s consideration:
1) Identify additional information to be included in the Housing Element 2021 Annual
Progress Report, prior to forwarding the report to the required state agencies.
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JurisdictionRancho Palos VerdesANNUAL ELEMENT PROGRESS REPORTNote: "+" indicates an optional fieldReporting Year2021 (Jan. 1 - Dec. 31)Housing Element ImplementationPlanning Period5th Cycle10/15/2013 - 10/15/2021Date Application SubmittedTotal Approved Units by ProjectTotal Disapproved Units by ProjectStreamliningApplication StatusNotes2346 7 8 9 11 12Prior APN+Current APN Street AddressProject Name+Local Jurisdiction Tracking ID+Unit Category(SFA,SFD,2 to 4,5+,ADU,MH)TenureR=RenterO=OwnerDate Application Submitted+(see instructions)Very Low-Income Deed RestrictedVery Low-Income Non Deed RestrictedLow-Income Deed RestrictedLow-Income Non Deed RestrictedModerate-Income Deed RestrictedModerate- Income Non Deed RestrictedAboveModerate-IncomeTotal PROPOSED Units by ProjectTotal APPROVED Units by projectTotal DISAPPROVED Units by ProjectWas APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Was a Density Bonus requested for this housing development?Was a Density Bonus approved for this housing development?Please indicate the status of the application.Notes+Summary Row: Start Data Entry Below00000177 24 0 07557022002 2018 Noble View DrPLAU2021-0012 ADUO4/16/202111NoNoNo Approved7557002003 1915 Homeworth DrPLAU2021-0013 ADUO8/23/202111NoNoNo Approved757401902228819 Crestridge RdPLAU2021-0003 ADU O2/8/202111NoNoNo Approved7574017010 5640 Scotwood Dr PLAU2021-0004 ADU O3/27/202111NoNoNo Approved758801601030175 Avenida EsplendidaPLAU2021-0005 ADU O3/12/202111NoNoNo Approved7582022099 74 Via Del CieloPLAU2021-0007 ADUO5/18/202111NoNoNoApproved7582022099 74 Via Del CieloPLSR2021-0047 SFDO2/18/202111NoNoNoApproved7581012002 31217 Marne DrPLAU2021-0008 ADUO6/7/202111NoNoNoApproved7577020024 5421 Eau Claire DrPLAU2021-0009 ADUO6/10/202111NoNoNo Approved75880060047242 Avenida AltisimaPLAU2021-0010 ADU O6/16/202111NoNoNo Approved756103500930523 Santa Luna DrPLAU2021-0011 ADUO7/28/202111NoNoNo Approved756602302829087 Palos Verdes Dr EZON2016-00497 SFD O10/6/202111NoNoNo Approved7578021004 6055 Via SonomaPLSR2019-0364 SFDO4/15/202111NoNoNoApproved756402800231917 Emerald View DrPLSR2020-0238 SFDO6/8/202111NoNoNo Approved7586008011 27514 Fawnskin DrPLSR2021-0017 ADUO1/19/202111NoNoNo Approved7582017005 30138 Via VictoriaPLSR2021-0093 ADUO3/19/202111NoNoNoApproved755701200629205 S Trotwood AvePLSR2021-0203 ADU O5/28/202111NoNoNo Approved7582011028 30504 Palos Verdes Dr WPLGR2019-0025 SFD O 1/8/202111NoNoNo Approved7554017019 28160 Palos Verdes Dr EPLVA2018-0001 SFD O 2/18/202111NoNoNo Disapproved7588006018 7255 Crest RdPLHV2020-0004SFDO 6/21/202111NoNoNoApproved7588006018 7255 Crest RdPLAU2020-0003 ADU O 2/5/202111NoNoNoDisapproved7588003002 29907 Avenida EsplendidaPLAU2021-0006 ADU O 10/13/202111NoNoNo Approved756602202728979 Palos Verdes Dr EPLSR2021-0024 ADU O 1/26/202111NoNoNo Approved757402101728812 Crestridge RdPLAU2021-0001ADUO1/8/202111NoNoNo ApprovedTable AHousing Development Applications SubmittedCells in grey contain auto-calculation formulas51Project IdentifierUnit TypesProposed Units - Affordability by Household Incomes (CCR Title 25 §6202)Density Bonus Applications10A-1-
JurisdictionRancho Palos VerdesANNUAL ELEMENT PROGRESS REPORTReporting Year2021 (Jan. 1 - Dec. 31)Housing Element ImplementationCells in grey contain auto-calculation formulasPlanning Period5th Cycle10/15/2013 - 10/15/2021Table A2Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed UnitsStreamlining InfillHousing without Financial Assistance or Deed RestrictionsTerm of Affordability or Deed RestrictionNotes23568911 12 13 14 15 16 17 18 19202122232425Prior APN+Current APN Street AddressProject Name+Local Jurisdiction Tracking ID+Unit Category (SFA,SFD,2 to 4,5+,ADU,MH)TenureR=RenterO=OwnerVery Low- Income Deed RestrictedVery Low- Income Non Deed RestrictedLow- Income Deed RestrictedLow- Income Non Deed RestrictedModerate- Income Deed RestrictedModerate- Income Non Deed RestrictedAboveModerate-IncomeEntitlementDate Approved# of Units issued EntitlementsVery Low- Income Deed RestrictedVery Low- Income Non Deed RestrictedLow- Income Deed RestrictedLow- Income Non Deed RestrictedModerate- Income Deed RestrictedModerate- Income Non Deed RestrictedAboveModerate-IncomeBuilding Permits Date Issued# of Units Issued Building Permits Very Low- Income Deed RestrictedVery Low- Income Non Deed RestrictedLow- Income Deed RestrictedLow- Income Non Deed RestrictedModerate- Income Deed RestrictedModerate- Income Non Deed RestrictedAboveModerate-IncomeCertificates of Occupancy or other forms of readiness (see instructions) Date Issued# of Units issued Certificates of Occupancy or other forms of readinessHow many of the units were Extremely Low Income?+Was Project APPROVED using GC 65913.4(b)? (SB 35 Streamlining) Y/NInfill Units?Y/N+Assistance Programs for Each Development(may select multiple - see instructions)Deed Restriction Type(may select multiple - see instructions)For units affordable without financial assistance or deed restrictions, explain how the locality determined the units were affordable(see instructions)Term of Affordability or Deed Restriction (years) (if affordable in perpetuity enter 1000)+ Number of Demolished/Destroyed UnitsDemolished or Destroyed UnitsDemolished/Destroyed Units Owner or RenterTotal Density Bonus Applied to the Project (Percentage Increase in Total Allowable Units or Total Maximum Allowable Residential Gross Floor Area)Number of Other Incentives, Concessions, Waivers, or Other Modifications Given to the Project (Excluding Parking Waivers or Parking Reductions)List the incentives, concessions, waivers, and modifications (Excluding Parking Waivers or Parking Modifications)Did the project receive a reduction or waiver of parking standards? (Y/N)Notes+Row: Start Data Entry Below00000143 170000062 8 00000611 1700207573004018 6341 Tarragon Rd PLSR2020-0072 ADU O01 4/13/2021 10NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 7582022099 74 Via Del Cielo PLAU2021-0007 ADU O1 5/18/2021 11 9/13/2021 10NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 7577020024 5421 Eau Claire Dr PLAU2021-0009 ADU O01 8/10/2021 10NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 7581012002 31217 Marne Dr PLAU2021-0008 ADU O1 8/6/2021 11 9/30/2021 10NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 7586008011 27514 Fawnskin Dr PLSR2021-0017 ADU O1 1/19/2021 11 9/29/2021 10NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 758200804230744 Rue De La PierreRES2020-00041 ADU O001 4/21/2021 1 NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 7577020024 5421 Eau Claire Dr RES2021-00252 ADU O001 11/30/2021 1 NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 7573014109 41 Nantasket BLD2017-00532 SFD O001 8/31/2021 1 N7573014108 31 Nantasket BLD2017-00533 SFD O001 8/31/2021 1 N75770030015350 WHITEFOX DRBLD2017-01052 SFDO0017/13/20211N1DemolishedO756402903832033 Cape Point DrRES2018-00140 SFDO0012/9/20211N7573014106 11 NantasketRES2019-00089 SFDO0015/13/20211N756403001131925 Emerald View DrRES2019-00209 SFDO00112/13/20211N7588019026 6853 Vallon DrRES2019-00218 ADUO0016/8/20211NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 756402901832007 Isthmus View DrRES2019-00342 SFDO0012/24/20211N7566006033 4348 Via FrascatiRES2019-00428 SFDO0012/17/20211N7572010020 48 Cinnamon LnRES2020-00381 ADUO0014/29/20211NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 7581009002 30347 Rhone DrRES2020-00148 ADUO0014/20/20211NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 757402101728812 Crestridge RdRES2021-00082 ADUO12/18/2021118/20/202110NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 75570220022018 Noble View DrPLAU2021-0012 ADUO18/31/2021100NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 75570020031915 Homeworth DrPLAU2021-0013 ADUO110/7/2021100NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 757401902228819 Crestridge RdPLAU2021-0003 ADUO12/22/2021100NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 7574017010 5640 Scotwood DrPLAU2021-0004 ADUO14/16/2021100NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 758801601030175 Avenida EsplendidaPLAU2021-0005 ADUO15/13/2021100NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 75880060047242 Avenida AltisimaPLAU2021-0010 ADUO16/30/2021100NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 7578021004 6055 Via SonomaPLSR2019-0364 SFDO16/10/2021100N756402800231917 Emerald View DrPLSR2020-0238 SFDO16/25/2021100N7582017005 30138 Via VictoriaPLSR2021-0093 ADUO15/13/2021100NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 756602202728979 Palos Verdes DrPLSR2021-0024 ADUO12/17/2021100NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 755701200629205 S Trotwood AvePLSR2021-0203 ADUO16/4/2021100NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 756103500930523 Santa Luna DrPLAU2021-0011 ADUO17/28/2021100NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 7566001029 3015 Crest RdRES2020-00299 SFDO018/27/202110N7556016006 10 Toprail LnRES2021-00115 SFDO019/16/202110N1DemolishedO7588006018 7255 Crest RdPLHV2020-0004 SFDO17/12/2021100N7561017003 22 La Vista VerdeRES2019-00381 ADUO0017/1/20211NCity Staff conducted a rent survey of housing costs of comparable units in the area and used HCD's Housing Affordability Calculator to determine that the unit is moderate income level 756600204030399 Palos Verdes Dr ERES2021-00180 SFDO0016/17/20211N756600203930389 Palos Verdes Dr ERES2021-00179 SFDO0016/16/20211N7572010012 51 Narcissa DrRES2020-00478 SFDO0015/18/20211NNote: "+" indicates an optional fieldHousing with Financial Assistance and/or Deed RestrictionsDemolished/Destroyed UnitsProject Identifier(CCR Title 25 §6202)Density Bonus1Unit TypesAffordability by Household Incomes - Completed EntitlementAffordability by Household Incomes - Building PermitsAffordability by Household Incomes - Certificates of Occupancy4710A-2I --I -----
JurisdictionRancho Palos VerdesANNUAL ELEMENT PROGRESS REPORTReporting Year2021 (Jan. 1 - Dec. 31)Housing Element ImplementationPlanning Period5th Cycle10/15/2013 - 10/15/2021(CCR Title 25 §6202)134RHNA Allocation by Income Level201320142015201620172018201920202021Total Units to Date (all years)Total Remaining RHNA by Income LevelDeed Restricted - - - 4 1 - - - - Non-Deed Restricted - - - - - - - - - Deed Restricted - - - - - - - - - Non-Deed Restricted - - - - - - - - - Deed Restricted - - - - - - - - - Non-Deed Restricted - - - - - 1 1 5 6 Above Moderate 13 - 4 4 48 26 21 9 6 2 120 - 31 - 4 4 52 27 22 10 11 8 138 8 Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units. 5 Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.Total RHNATotal UnitsIncome LevelVery LowLowPlease note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at apr@hcd.ca.gov. - 5 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 13 Moderate 8 5 5 Please contact HCD if your data is different than the material supplied here - 2Table BRegional Housing Needs Allocation ProgressPermitted Units Issued by Affordability 3 A-3I •
Jurisdiction Rancho Palos Verdes
Reporting Year 2021 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation
Western Avenue Vision
Plan/Adequate Sites
Program (Program No. 1)
Minimum 8 Housing Units for Lower
Income Households March_2017
• Modification of land use and zoning designation at 29619 S. Western Avenue to
allow residential use to a minimum of 20 dwelling units per acre was noted to be
accomplished no later than March 2017. The housing program would allow
multifamily uses by-right, without a CUP, planned unit development or other
discretionary action. While the housing program has not been implemented, City
staff met with the property owners at 29619 and 29601 S. Western Avenue to
discuss development proposals related to this housing program in 2018.
• City staff continued to coordinate meetings with property owners and
interested developers for properties along 29105 S. Western Ave through 29229
S. Western Avenue regarding potential mixed-use developments.
• In 2021, City staff worked with real estate development consultant Piasky
Solutions to analyze redevelopment opportunities in commercial zones to
potentially accomodate mixed-use development and retained the services of
Dudek to prepare code amendment proceedings and update the Western Avenue
Specific Plan and General Plan to create a mixed-use overlay zoning district.
Moderate Income Second
Unit Development
Program (Program No. 2)
10 Second Dwelling Units Constructed 2013-2021
• City continues to track and monitor the number of second dwelling units, also
known as Accessory Dwelling Units(ADU) that are created in the City.
• City continues to distribute and promote the development of second dwelling
units when accessory structures are proposed.
• In 2021, the Planning Division granted entitlements to develop 14 second
dwelling units of which 6 have been issued a building permit.No Net Loss Program
(Program No. 3)
Establish the Evaluation Procedure to
Monitor Housing Capacity July_ 2014 • The City will annually track and monitor the amount, type and size of vacant
and underutilized parcels for housing opportunities
Section 8 Rental
Assistance for Cost
Burdended Lower Income
Households (Program No.
4)
4 Units for Extremely Low and Low
Income Renter Households 2013-2021
• The City continues to assist the Housing Authority staff by conducting a
Landlord Outreach Program, informing the Housing Authority of the City's
status on providing affordable housing through the existing housing stock and
providing an Apartment Rental Survey to the Housing Authority.
Citywide Affordable
Housing Requirement /
Housing Impact Fee
(Program No. 5)
7 Housing Units for Lower Income
Households 2013-2021
• To date there are 5 very-low income housing units (2 within Highridge Condo
and 3 at Sol y Mar) and City staff continues to assess opportunities to work with
property owners and developers in providing additional units under this
Housing Program.
First Time Home Buyer
Assistance (Program No.
6)
First Time Home Buyer Assistance
(Program No. 6)2013-2021
• The following non-City programs that provide financial assistance to
homebuyers is provided on the City's website: Los Angeles County
Homeownership Program, Morgage Credit Certificate Program, So Cal Home
Financing Authority First Home Mortgage Program, Fair Housing Services and
Program, and Services for Persons with Developmental Disabilities.
Outreach Program for
Persons with Disabilities
(Program No. 7)
Coordinate with Harbor Regional
Center July_2015
• The City continues to work with the Harbor Regional Center to implement an
outreach program that informs families within Rancho Palos Verdes about
housing and services available for persons with developmental disabilities.
• Program information is avaliable on the City's website.
Extremely Low Income
Housing Program
(Program No. 8)
Assist 4 Extremely Low Income
Households 2013-2021 • Continue to implement Program Nos. 4, 5 and 11
Zoning Ordinance
Amendments to Remove
Governmental Constraints
(Program No. 9)
Adopt Amendment July_2014
• The City has initiated the process of undergoing a comprehensive Zoning Code
update and creation of a mixed-use overlay zone to faciliate housing production
by utilzing the Senate Bill No. 2 and Local Early Action Planning grants awarded
in April, 2020 and May 2021, respectively.
Housing Code
Enforcement Program
(Program No. 10)
10 New Cases Per Month 2013-2021
• The City continued to manage the housing code enforcement on a complaint
basis and continues to strive for voluntary compliance through the Code
Enforcement Division.
• The City averaged 31 code enforcement cases per month in 2021.
• The City continues to manage property maintenance and illegal construction.
Home Improvement
Program (Program No. 11)5 Housing Units 2013-2021
• In December 2012, the City Council decided to discontinue the Home
Improvement Program. During the planning period, the City may revive the
program if it is allocated a greater amount of CDBG funds and/or another
funding source becomes available
Fair Housing Services
Program (Program No. 12)65 Lower Income Households 2013-2021
• The City, in coopertation with the Los Angeles County and the Housing Rights
Center, continues to make available fair housing services to its residents.
Fair Housing Information
Program (Program No. 13)
Information Disseminated (Information
on Website by July 2014 & Brochures
Disseminated by January 2015)
July 2014 & January 2015
• The City established and implemented the First Time Homebuyer Assistance
Program,and Fair Housing Information Program by providing the following: Fair
Housing brochure that describes fair housing laws and rights; links to the
Housing Rights Center website, State Department of Fair Employment and
Housing, and U.S. Department of Housing and Urban Development, which were
completed in September 2015.
• Fair Housing Services and Program information continues to be made
available on the City's website.
Energy Conservation
Program (Program No. 14)
Implement Voluntary Green Building
Construction Program 2013-2021
• The City continues to encourage voluntary participation in the City's Green
Building Construction Program by offering permit streamlining as well as up to
a 50% rebate for Planning and Building fees
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing
element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
A-4
I
Jurisdiction Rancho Palos Verdes
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto‐populated based on amounts entered in rows 15‐26.
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Draft CEQA Documentation $50,000.00 $0.00 None Not yet in progress
Planning Commission Approval $40,000.00 $0.00 None Not yet in progress
Final CEQA Documentation $40,000.00 $0.00 None Not yet in progress
City Council Adoption $20,000.00 $0.00 None Not yet in progress
Summary of entitlements, building permits, and certificates of occupancy (auto‐populated from Table A2)
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 14
3
17
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 6
2
8
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 6
11
17
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Other (Please Specify in Notes)
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Other (Please Specify in Notes)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in
Section 50515.02 or 50515.03, as applicable.
150,000.00$
Task Status
Other (Please Specify in Notes)
Other (Please Specify in Notes)
A-5
I
Jurisdiction Rancho Palos Verdes
Reporting Year 2021 (Jan. 1 - Oct. 15)
Planning Period 5th Cycle 10/15/2013 - 10/15/2021
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 6
2
8
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 3 2 11
2 to 4 0 0 0
5+0 0 0
ADU 14 6 6
MH 0 0 0
Total 17 8 17
24
24
0
0
0
0
0
0
Income Rental Ownership Total
Very Low 000
Low 000
Moderate 000
Above Moderate 000
Total 000
Cells in grey contain auto-calculation formulas
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals
Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
A-6
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453www.hcd.ca.govJanuary 18, 2022 Ken Rukavina, Director
Community Development Department
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 9027518
Dear Ken Rukavina:
RE: City of Rancho Palos Verdes’ 6th Cycle (2021-2029) Draft Housing Element
Update
Thank you for submitting the City of Rancho Palos Verdes’ draft housing element
received for review on November 19, 2021. Pursuant to Government Code section
65585, subdivision (b), the California Department of Housing and Community
Development (HCD) is reporting the results of its review. Our review was facilitated by a
conversation on January 12, 2022 with you, Octavio Silva, Deputy Director, and Matt
Kowta, the City’s consultant. In addition, HCD considered comments from Erik Felix,
Mark Coleman, and Maura Mizuguchi pursuant to Government Code section 65585,
subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be
necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing
Element Law.
As a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of
today, the City has not completed the housing element process for the 6th cycle. The
City’s 5th cycle housing element no longer satisfies statutory requirements. HCD
encourages the City to revise the element as described above, adopt, and submit to
HCD to regain housing element compliance.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if
a local government fails to adopt a compliant housing element within 120 days of the
statutory deadline (October 15, 2021), then any rezoning to accommodate the regional
housing needs allocation (RHNA), including for lower-income households, shall be
completed no later than one year from the statutory deadline. Otherwise, the local
government’s housing element will no longer comply with State Housing Element Law,
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Ken Rukavina, Director
Page 2
and HCD may revoke its finding of substantial compliance pursuant to Government
Code section 65585, subdivision (i).
Public participation in the development, adoption and implementation of the housing
element is essential to effective housing planning. Throughout the housing element
process, the City should continue to engage the community, including organizations that
represent lower-income and special needs households, by making information regularly
available and considering and incorporating comments where appropriate.
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill
(SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s
Affordable Housing and Sustainable Communities programs; and HCD’s Permanent
Local Housing Allocation consider housing element compliance and/or annual reporting
requirements pursuant to Government Code section 65400. With a compliant housing
element, the City will meet housing element requirements for these and other funding
sources.
For your information, some general plan element updates are triggered by housing
element adoption. HCD reminds the City to consider timing provisions and welcomes
the opportunity to provide assistance. For information, please see the Technical
Advisories issued by the Governor’s Office of Planning and Research at
http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and
http://opr.ca.gov/docs/Final_6.26.15.pdf.
HCD appreciates the hard work and dedication the City’s housing element team
provided during the review. We are committed to assist the City in addressing all
statutory requirements of State Housing Element Law. If you have any questions or
need additional technical assistance, please contact Gianna Marasovich, of our staff, at
Gianna.Marasovich@hcd.ca.gov.
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
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APPENDIX
CITY OF RANCHO PALOS VERDES
The following changes are necessary to bring the City’s housing element into compliance with
Article 10.6 of the Government Code. Accompanying each recommended change, we cite the
supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at
http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.
Among other resources, the housing element section contains HCD’s latest technical assistance
tool, Building Blocks for Effective Housing Elements (Building Blocks), available at
http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the
Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in
implementation, and reflect the results of this review in the revised element. (Gov. Code, §
65588 (a) and (b).)
As part of the review of programs in the past cycle, the element must also provide an
evaluation of the effectiveness of goals, policies, and related actions in meeting the housing
needs of special needs populations (e.g., elderly, persons with disabilities, large households,
female headed households, farmworkers, and persons experiencing homelessness).
Programs should be revised as appropriate to reflect the results of this evaluation.
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in
the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Outreach: Outreach specifically related to affirmatively furthering fair housing (AFFH) is
foundational to a complete analysis and formulating appropriate goals and actions to
overcome patterns of segregation and foster more inclusive communities. The City should
summarize and relate its and other’s outreach efforts to all components of the AFFH
analysis and modify or add goals and actions as appropriate. For example, the element
could incorporate regional outreach from an analysis of impediments to fair housing choice
(AI) or outreach from other planning documents to better formulate appropriate
programmatic response.
Assessment of Fair Housing: The element reports and maps data on the components of
the assessment of fair housing (e.g., segregation and integration, disparities in access to
opportunity) but it must also analyze the information such as trends, coincidence with
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other components of the assessment of fair housing and the effectiveness of past and
current strategies to promote inclusive communities and equitable quality of life throughout
the region. This analysis should be complemented by local data and knowledge, including
input from commenters, and other relevant factors as described below. This analysis
should particularly focus on the significant regional differences (e.g., income, race, tenure,
housing type) between Rancho Palos Verdes and the broader Los Angeles region to
identify appropriate programmatic response.
Disproportionate Housing Needs, including Displacement: The element mentions
displacement, including a brief remark on sea level rise but it should include analysis to
better formulate appropriate response .For example, the City could consider data from the
Urban Displacement Project at https://www.urbandisplacement.org/maps/los-angeles-
gentrification-and-displacement/. The element could also spatially examine data from the
noted climate change vulnerability assessment and overlap that data with the AFFH
analysis, including identified sites to accommodate the regional housing needs allocation
(RHNA) by income group.
Sites Inventory: While the element includes some general discussion of sites and location
by income group, a full analysis should address location, the number of sites and units by
all income groups and how that affects the existing patterns for all components of the
assessment of fair housing (e.g., segregation and integration, access to opportunity) and
any isolation of the RHNA by income group. The element should also discuss whether the
distribution of sites improves or exacerbates conditions.
Local Data and Knowledge, and Other Relevant Factors: The element must include local
data, knowledge, and other relevant factors to discuss and analyze any unique attributes
about the City related to fair housing issues. The element should complement federal,
state, and regional data with local data and knowledge where appropriate to capture
emerging trends and issues, including utilizing knowledge from local and regional
advocates and service providers. Also, the element includes some general information on
lending, lack of conditions, covenants and restrictions and past atrocities related to
Japanese farmers, but it must also include other relevant factors that contribute to fair
housing issues in the jurisdiction. For instance, the element should analyze historical land
use, zoning (e.g., lack of multifamily zoning), governmental and nongovernmental
spending including transportation investments, demographic trends, historical patterns of
segregation, or other information that may have impeded housing choices and mobility.
Contributing Factors to Fair Housing Issues: The element should re-assess and prioritize
contributing factors upon completion of analysis and make revisions as appropriate. For
example, the element lists several contributing factors and concludes, the City’s priority is
outreach and education. However, the City could consider other contributing factors such
as land use and lack of public investment in affordable housing choices to guide the
formulation of more appropriate and meaningful goals and actions.
Goals, Actions, Metrics, and Milestones: The element must be revised to add or modify
goals and actions based on the outcomes of a complete analysis. Goals and actions must
specifically respond to the analysis and to the identified and prioritized contributing factors
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City of Rancho Palos Verdes’ 6th Cycle Draft Housing Element Update Page 3
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to fair housing issues and must be significant and meaningful enough to overcome
identified patterns and trends. Actions must have specific commitment, metrics and
milestones as appropriate and must address, as appropriate based on the outcomes of the
analysis, housing mobility enhancement, new housing choices and affordability in high
opportunity areas, place-based strategies for community revitalization and displacement
protection. For further guidance, please visit HCD’s AFFH in California webpage at
https://www.hcd.ca.gov/community-development/affh/index.shtml.
2. Include an analysis of population and employment trends and documentation of
projections and a quantification of the locality's existing and projected needs for all income
levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
Extremely Low-income (ELI) Households: The element (p. 158) notes how the City may
calculate the projected need for ELI households, but it should include the actual
identification of projected ELI households. In addition, the element reports some data on
ELI households (pp. 50-52) but should analyze that data. This is particularly important
given the unique and disproportionate needs of ELI households. For example, the element
should analyze tenure, cost burden and other household characteristics then examine
trends and the availability of resources to determine the magnitude of gaps in housing
needs. In turn, this analysis should guide the formulation of responsive policies and
programs.
3. An inventory of land suitable and available for residential development, including vacant
sites and sites having realistic and demonstrated potential for redevelopment during the
planning period to meet the locality’s housing need for a designated income level, and an
analysis of the relationship of zoning and public facilities and services to these sites. (Gov.
Code, § 65583, subd. (a)(3).)
Parcel Listing: In addition to the other factors listed for identified sites (e.g., zoning,
general plan), the element must sufficiently describe existing uses of nonvacant sites to
facilitate an analysis of the potential for redevelopment in the planning period.
Small Sites: The element identifies several sites at less than a half-acre in Table 33. Sites
smaller than half an acre are deemed inadequate to accommodate housing for lower-
income households unless it is demonstrated, with sufficient evidence, that sites of
equivalent size with affordability were successfully developed during the prior planning
period or other evidence demonstrates the suitability of these sites. For example, the
element lists some sites with common ownership, but it could also describe interest from
the owners or developers in consolidation. Other smaller sites show a potential less than
16 units and the element should discuss the feasibility of these smaller sites to encourage
housing for lower-income households. Based on a complete analysis, the City should
consider adding or revising programs to include incentives for facilitating development on
small sites.
Large Sites: The element identifies two sites greater than ten acres. For example, Site 47
is 11.15 acres and Site 41 is 39.75 acres. Sites greater than ten acres are not eligible
absent a demonstration that sites of equivalent size and affordability were successfully
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City of Rancho Palos Verdes’ 6th Cycle Draft Housing Element Update Page 4
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developed during the prior planning period or other evidence is provided to demonstrate
the suitability of these sites. If utilizing these sites toward the housing need for lower-
income households, the element must include analysis and programs as appropriate. For
example, the element could discuss and reflect in the inventory and programs a mixed-
income approach to larger sites that utilizes the City’s inclusionary requirements.
Sites to Accommodate Moderate Income RHNA: The element did not allocate any units for
moderate income and assumes excess sites for lower will accommodate for moderate
income. The sites inventory should be revised to reflect the assumed sites for moderate
income.
Realistic Capacity: While the element provides assumptions of buildout for sites included
in the inventory, it must also provide support for these assumptions. For example, the
element should demonstrate what specific trends, factors, and other evidence led to the
assumptions. The estimate of the number of units for each site must be adjusted as
necessary, based on the land use controls and site improvements, typical densities of
existing or approved residential developments at a similar affordability level.
In addition, the element assumes most of the residential development on sites proposed
with a mixed-use overlay zone. However, the element must still account for the likelihood
of nonresidential uses in this proposed zone, including an analysis based on indicators
such as development trends, performance standards or other relevant factors. For
example, the element could commit to residential performance standards in the mixed-use
overlay. Depending on the results of a complete analysis, the element may need to adjust
residential capacity calculations, policies, and programs accordingly.
Nonvacant Sites: While the element identifies nonvacant sites to accommodate the
regional housing need for lower-income households, it must include a methodology that
demonstrates the potential for additional development in the planning period. The
methodology must consider factors including the extent to which existing uses may
constitute an impediment to additional residential development, the City’s past experience
with converting existing uses to higher density residential development, the current market
demand for the existing use, an analysis of any existing leases or other contracts that
would perpetuate the existing use or prevent redevelopment of the site for additional
residential development, development trends, market conditions, and regulatory or other
incentives or standards to encourage additional residential development on these sites.
For example, the City does not have recent experience developing sites with existing uses
to higher density residential development. As a result, the element should focus on the
extent existing uses impede additional development. For example, while the element
generally mentions some characteristics of redevelopment potential, it could detail
indicators of property turnover on a site basis in Appendix C (Piasky Study). The element
should also discuss the extent the City’s regulatory framework encourages redevelopment
to residential uses and adjust programs as appropriate. For example, Appendix C notes
the need for an appropriate regulatory framework (e.g., heights, densities, parking, off-site
improvements) but should reflect these important actions in the housing program.
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In addition, if the housing element relies upon nonvacant sites to accommodate more than
50 percent of the RHNA for lower-income households the housing element must
demonstrate existing uses are not an impediment to additional residential development
and will likely discontinue in the planning period (Gov. Code, § 65583.2, subd. (g)(2)).
Absent findings (e.g., adoption resolution) based on substantial evidence, the existing
uses will be presumed to impede additional residential development and will not be utilized
toward demonstrating adequate sites to accommodate the RHNA.
Finally, if the element identifies sites with existing residential uses. Absent a replacement
housing policy, these sites are not adequate sites to accommodate lower-income
households. The replacement housing policy has the same requirements as set forth in
Government Code section 65915, subdivision (c), paragraph (3).
Infrastructure: While the element generally describes water and sewer infrastructure, it
must clarify sufficient existing or planned capacity to accommodate the RHNA or include
programs if necessary.
Environmental Constraints: The element must describe environmental conditions within
the City and relate those conditions to identified sites and describe any other known
environmental or other constraints that could impact housing development on identified
sites in the planning period.
Electronic Sites Inventory: For your information, pursuant to Government Code section
65583.3, the City must submit an electronic sites inventory with its adopted housing
element. The City must utilize standards, forms, and definitions adopted by HCD. Please
see HCD’s housing element webpage at https://www.hcd.ca.gov/community-
development/housing-element/index.shtml#element for a copy of the form and
instructions. The City can reach out to HCD at sitesinventory@hcd.ca.gov for technical
assistance.
Zoning for a Variety of Housing Types:
• Emergency Shelters: The element indicates emergency shelters are permitted by
right in the Commercial General (CG) district that includes over 36 acres with no
vacant properties. First, the element should clarify emergency shelters are
permitted without discretionary action. Second, the element should discuss any
reuse or other opportunities that could accommodate at least one emergency
shelter. Third, the element should identify and analyze development standards for
any potential constraints on emergency shelters. Lastly, the element must clarify
emergency shelters parking requirements have been updated pursuant to AB 139
(Chapter 335, Statutes of 2019) which requires only sufficient parking to
accommodate all staff working in the emergency shelter, provided that the
standards do not require more parking for emergency shelters than other residential
or commercial uses within the same zone. Based on a complete analysis, the
element should include programs as appropriate.
• Transitional Housing and Supportive Housing: Transitional housing and supportive
housing must be permitted as a residential use in all zones allowing residential uses
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and only subject to those restrictions that apply to other residential dwellings of the
same type in the same zone. The element must describe and analyze the City’s
transitional and supportive housing standards and codes and demonstrate
compliance with this requirement or add or revise programs as appropriate.
• Permanent Supportive Housing: Supportive housing shall be a use by-right in zones
where multifamily and mixed uses are permitted, including nonresidential zones
permitting multifamily uses pursuant to Government Code section 65651. The
element must demonstrate compliance with this requirement and add or modify
programs if necessary.
• Employee Housing: The element must demonstrate zoning is consistent with the
Employee Housing Act (Health and Safety Code, § 17000 et seq.) or add or modify
programs. Specifically, section 17021.5 requires employee housing for six or fewer
employees to be treated as a single-family structure and permitted in the same
manner as other dwellings of the same type in the same zone.
4. An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of
housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as
identified in the analysis pursuant to paragraph (7), including land use controls, building
codes and their enforcement, site improvements, fees and other exactions required of
developers, and local processing and permit procedures... (Gov. Code, § 65583,
subd. (a)(5).)
Land Use Controls: The element must identify and analyze all relevant land use controls
impacts as potential constraints on a variety of housing types. The analysis should
address parking, including two garage requirement, and height limits in the multifamily
zones and proposed development standards for the mixed-use overlay, particularly in
consideration of findings in Appendix C. Based on the outcomes of a complete analysis,
the element should include programs to address or remove the identified constraints.
Housing for Persons with Disabilities:
• Reasonable Accommodation: The element mentions the City has established a
reasonable accommodation procedure but should also describe and analyze that
procedure, including approval findings. This finding is particularly important given,
as noted on page 57, past complaints on denials of reasonable accommodation.
• Community Care Facilities: While the element identifies how community care
facilities serving six or fewer persons are permitted, it must describe and analyze
how community care facilities serving seven or more persons are approved
including any approval findings. The element should analyze the process for
potential constraints on housing for persons with disabilities and add or modify
programs as appropriate to ensure zoning permits group homes for seven or more
persons objectively with approval certainty.
Processing and Permit Procedures: The element must describe and analyze the City’s
permit processing and approval procedures for single family and multifamily
developments. The analysis must evaluate the processing and permit procedures’ impacts
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as potential constraints on housing supply and affordability. For example, the analysis
should consider processing and approval procedures and time for typical single- and
multifamily developments, including type of permit, level of review, number of hearings and
approval findings.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each
with a timeline for implementation, which may recognize that certain programs are
ongoing, such that there will be beneficial impacts of the programs within the planning
period, that the local government is undertaking or intends to undertake to implement the
policies and achieve the goals and objectives of the Housing Element through the
administration of land use and development controls, the provision of regulatory
concessions and incentives, and the utilization of appropriate federal and state financing
and subsidy programs when available. The program shall include an identification of the
agencies and officials responsible for the implementation of the various actions. (Gov.
Code, § 65583, subd. (c).)
To have a beneficial impact in the planning period and meet the goals and objectives of
the housing element, programs must have specific commitment and definitive timelines
toward tangible outcomes. Examples of programs to be revised include:
• Program 5 (Section 8 Rental Assistance) should commit to how often the City will
reach out to property owners and subsequent actions upon submitting a survey to
the housing authority.
• Program 7 (First-time Homebuyer Assistance) must commit to include a definitive
timeline of how often the connection/outreach will occur.
• Program 8 (Outreach for Persons with Disabilities) should commit to how often the
City will conduct outreach and subsequent proactive action to support development.
• Program 9 (Extremely Low-income Housing) should be revised to include a definitive
timeline (e.g., annually) on how often the City will support affordable housing.
• Program 11 (Fair Housing Information) should be more specific and describe how
and how often the brochures will be distributed.
2. Identify actions that will be taken to make sites available during the planning period with
appropriate zoning and development standards and with services and facilities to
accommodate that portion of the city’s or county’s share of the regional housing need for
each income level that could not be accommodated on sites identified in the inventory
completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply
with the requirements of Government Code section 65584.09. Sites shall be identified as
needed to facilitate and encourage the development of a variety of types of housing for all
income levels, including multifamily rental housing, factory-built housing, mobilehomes,
housing for agricultural employees, supportive housing, single-room occupancy units,
emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
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As noted in Finding B3, the element does not include a complete site analysis, therefore,
the adequacy of sites and zoning were not established. Based on the results of a complete
sites inventory and analysis, the City may need to add or revise programs to address a
shortfall of sites or zoning available to encourage a variety of housing types. In addition,
the element should be revised as follows:
Shortfall of Sites to Accommodate the RHNA: The element acknowledges that the zoning
is not currently in place to accommodate the RHNA and includes Programs 1 (Mixed-use
Overlay) and 2 (High Density Residential) which commits to establish the appropriate
zoning. However, to the extent necessary to address a shortfall of sites to accommodate
the lower-income RHNA, these programs must meet all requirements pursuant to
Government Code section 65583.2, subdivisions (h) and (i). For example, sites must
permit multifamily uses without discretionary action for developments in which 20 percent
or more of the units are affordable to lower-income households. Other examples include
accommodating at least 16 units per site, requiring a minimum density of 20 units per acre
and establishing residential only performance standards. In addition, the Programs should
commit to the shortfall of sites (e.g., number of units by income group), minimum acreage,
allowable densities and ensure development standards will encourage achieving
maximum allowable densities.
Accessory Dwelling Units (ADU): The element includes Program 3 ADUs to amend the
ordinance to meet the minimum requirements of ADU law. Upon a cursory review, HCD
has identified some potential areas that require amendment and will send information
under separate cover. In addition, the element should consider amendments beyond the
minimum statutory requirements and specific commitment to establish incentives beyond
developing hand out. This could be particularly important from an AFFH perspective and
necessary actions to promote housing choices and affordability. Finally, the Program
should monitor the production and affordability at least twice in the planning period and
commit to subsequent action within a definitive timeline (e.g., six months) if ADU
assumptions are not realized.
3. The Housing Element shall contain programs which assist in the development of adequate
housing to meet the needs of extremely low-, very low-, low- and moderate-income
households. (Gov. Code, § 65583, subd. (c)(2).)
The element must include a program(s) with specific actions and timelines to assist in the
development of housing for lower-income households and all special needs households
including seniors, homeless, farmworkers, female-headed households and persons with
disabilities including developmental. The program(s) could commit the City to adopting
priority processing, granting fee waivers or deferrals, modifying development standards,
granting concessions and incentives for housing developments that include units
affordable to extremely low-income households; assisting, supporting or pursuing funding
applications; and outreach and coordination with affordable housing developers. This can
also be accomplished through modification of an existing program.
4. Address and, where appropriate and legally possible, remove governmental and
nongovernmental constraints to the maintenance, improvement, and development of
B-10
City of Rancho Palos Verdes’ 6th Cycle Draft Housing Element Update Page 9
January 18, 2022
housing, including housing for all income levels and housing for persons with disabilities.
The program shall remove constraints to, and provide reasonable accommodations for
housing designed for, intended for occupancy by, or with supportive services for, persons
with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Finding B4, the element requires a complete analysis of potential
governmental and nongovernmental constraints. Depending upon the results of that
analysis, the City may need to revise or add programs and address and remove or
mitigate any identified constraints.
5. The Housing Element shall include programs to conserve and improve the condition of the
existing affordable housing stock. (Gov. Code, § 65583, subd. (c)(4).)
The element must include a program(s) to conserve and improve the condition of the
existing stock, which may include addressing the loss of dwelling units. A program could
provide grants for substantial rehabilitation, provide matching grants for homeowner
improvements, or implement proactive code enforcement program. These actions may be
reflected in quantified objectives for rehabilitation and conservation.
6. Promote and affirmatively further fair housing opportunities and promote housing
throughout the community or communities for all persons regardless of race, religion, sex,
marital status, ancestry, national origin, color, familial status, or disability, and other
characteristics protected by the California Fair Employment and Housing Act (Part 2.8
(commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other
state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include a complete analysis of affirmatively
furthering fair housing (AFFH). Based on the outcomes of that analysis, the element
must add or modify programs.
D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated,
and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
While the element includes quantified objectives for new construction by income group for
very low-, low-, moderate- and above-moderate income, it must also include quantified
objectives for rehabilitation and conservation (beyond at-risk preservation). The quantified
objectives do not represent a ceiling on development, but rather set a target goal for the City
to achieve, based on needs, resources, and constraints.
B-11
City of Rancho Palos Verdes’ 6th Cycle Draft Housing Element Update Page 10
January 18, 2022
E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic
segments of the community in the development of the Housing Element, and the element
shall describe this effort. (Gov. Code, § 65583, subd. (c)(8).)
While the element includes a general summary of the public participation, it must also
demonstrate diligent efforts were made to involve all economic segments of the community in
the development of the housing element. The element should be revised to discuss outreach
to lower-income and special needs groups during the public participation efforts, solicitation
efforts for survey responses, and participation in community workshops. In addition, the
element should summarize the public comments and describe how they were considered and
incorporated into the element.
B-12
2021 State Housing Bill Summary
The housing bills are divided into 5 general categories: (1) Affordable Housing/Density
Bonus; (2) Accessory Dwelling Unit (“ADU”); (3) Housing Element; (4) Planning/Land
Use; and (5) Other Housing Bills. The table below provides a summary of the new bills’
requirements by category and impacts to the City. It should be noted that the bills marked
with an asterisk are the ones that made major changes to the land use/housing laws.
Bill No. Summary Description Impacts to the City
Affordable Housing/Density Bonus
AB 491 (Ward)
Housing.
Affordable and
Market Rate
Units
Adds Gov’t
Code §17929
Applies to multi-family housing
developments of 5 or more units
that contain a mix of affordable
and market rate units
• Same access to common
entrances, common areas, and
amenities must be given to
occupants of both affordable
units and market rate units
• Cannot isolate affordable
units within structure to a
specific floor or area on a
specific floor.
No impact on current code as
this is not addressed in our
development standards; this is
a state law that applies to
developers.
AB 721
(Bloom)
Covenants and
Restrictions.
Affordable
Housing
Adds Civ. Code
§ 714.6
Recorded limitations of any kind
(e.g., CC&Rs) affecting the sale
or transfer of any property right
that restrict the number, size, or
location of the residences that
may be built on the property, or
that restrict the number of
persons or families who may
reside on the property, are not
enforceable against 100%
affordable housing projects.
No direct impact. The
restriction on private CC&Rs
applies irrespective of any
specific language in our code.
The City would be impacted if it
attempted such a restriction on
a publicly or privately owned
100% affordable housing
development.
AB 1043 (Bryan)
Housing
Programs.
Rental Housing
Developments.
Affordable Rent
This measure adds “acutely low-
income households” to the list of
income categories for purposes
of defining affordable rents.
Recommended amendments:
Chapter 17.11 should be
updated, it was last updated in
2008 and there have been a
number of amendments to the
C-1
Bill No. Summary Description Impacts to the City
Amends Health
&Safety Code §
50053 and adds
§ 50063.5
state law; the current code is
outdated.
Specific to this bill, RPVMC §
17.11.060 to include this new
low-income category.
*SB 290
(Skinner)
Density Bonus
Law.
Qualifications for
Incentives of
Concessions.
Student Housing
for Lower-
Income
Students.
Moderate-
Income Persons
and Families.
Local
Government
Constraints
Amends Govt
Code §65915
• Expands eligibility of for-sale
moderate income housing
projects for density bonus and
parking incentives by eliminating
“common interest development”
requirement.
• Makes student housing
projects eligible for one incentive
/ concession.
• Expands definition of “total
units” to include affordable units
provided to satisfy City’s
inclusionary housing
requirement.
• Eliminates impacts on “the
physical environment” as basis
for denying a concession,
incentive or waiver request
(aligns definition with Housing
Accountability Act).
Recommended amendments:
Chapter 17.11 should be
updated, it was last updated in
2008 and there have been a
number of amendments to the
state law; the current code is
outdated.
AB 571 (Mayes)
Planning and
Zoning. Density
Bonuses.
Affordable
Housing
Adds Gov’t
Code §65915.1
Prohibits a city or county from
imposing affordable housing
impact fees, including
inclusionary zoning fees and in-
lieu fees, on a housing
development’s affordable units
under Density Bonus Law.
Recommended amendments:
RPVMC § 17.11.050 should be
clarified to include that the
amount of in lieu, inclusionary
zoning, and impact fees shall
be based on the number of
market rate units only.
AB 634 (Carrillo)
Density Bonus
Law.
Affordability
Restrictions
Authorizes a city to require an
affordability period longer than
55 years for affordable units in a
density bonus project.
•City must have an inclusionary
housing ordinance that requires
Recommended amendments:
Chapter 17.11 should be
updated, it was last updated in
2008 and there have been a
number of amendments to the
C-2
Bill No. Summary Description Impacts to the City
Adds Gov’t
Code §65915.2
affordability period longer than
55 years.
state law; the current code is
outdated.
Specific to this bill, RPVMC §
17.11.070 to change the
affordability requirement from
30 to 55 years.
SB 728
(Hertzberg)
Density Bonus
Law. Purchase
of Density
Bonus Units by
Nonprofit
Housing
Organizations
Amends Govt
Code §65915
• Adds option allowing “for-sale”
density bonus units to be
purchased initially by a qualified
nonprofit housing organization
• Recorded contract between
developer and nonprofit
required:
• Repurchase option for
nonprofit
• Equity sharing agreement
• 45-year affordability
covenant
• City may allow nonprofit
(instead of City) to recapture
initial subsidy and appreciation if
100% of proceeds used to
promote homeownership for
lower income households.
Recommended amendments:
Chapter 17.11 should be
updated, it was last updated in
2008 and there have been a
number of amendments to the
state law; the current code is
outdated.
Specific to this bill, RPVMC §
17.11.060 references the
density bonus for affordable
housing incentives and §
17.96.550 defines a density
bonus. There is no “for-sale”
reference or requirement in the
code for a density bonus.
Additionally, no code language
exists for a nonprofit to
recapture an initial subsidy and
appreciation.
SB 591 (Becker)
Senior Citizens.
Intergenerational
Housing
Developments
Amends B&P
§11010.0, adds
Civil Code
§51.3.5
• Authorizes the establishment of
an intergenerational housing
development that includes senior
citizens along with caregivers
and transition-age youth.
• Covenants, conditions, and
restrictions and other documents
or written policy for the
development must set forth the
limitations on occupancy,
residency, or use.
• Requires at least 80% of the
occupied dwelling units in an
intergenerational housing
development to be occupied by
Recommended amendments:
Consider adding
intergenerational housing to the
list of permitted uses in multi-
family zones.
C-3
Bill No. Summary Description Impacts to the City
at least one senior citizen, as
specified, and up to 20% of the
occupied dwelling units in the
development to be occupied by
at least one caregiver or
transition-age youth, as
specified.
• Development must be
affordable to lower-income
households.
Accessory Dwelling Unit (“ADU”) Legislation
AB 345 (Quirk-
Silva)
Accessory
Dwelling Units.
Separate
Conveyance
Effective January 1, 2022, this
bill requires each local agency to
allow an accessory dwelling unit
to be sold or conveyed
separately from the primary
residence to a qualified buyer.
Recommended amendments:
Add clarification language to
RPVMC § 17.10.050 to specify
under which conditions ADUs
can be sold separately from the
primary dwelling.
Housing Element
*AB 215 (Chiu)
Planning and
Zoning Law.
Housing
Element.
Violations
Amends Govt
Code § 65585
Prior Procedures:
• City must submit draft Housing
Element to HCD at least 60 days
before adoption.
• HCD had 60 days to review
draft and provide comments.
• Public comment period could
run contemporaneously with
HCD’s review.
New Procedures:
• Minimum 30-day public review
period plus at least 10 days to
incorporate public’s comments
before City may submit first draft
to HCD.
• HCD has 90 days to review
and provide comments on a first
draft or within 60 days of its
New procedures and timelines
for adoption of the Housing
Element.
Note HCD’s expanded
enforcement authority. Prior to
enforcement, HCD is to offer a
noncompliant City 2 meetings
to discuss the violations.
Enforcement would likely be to
seek a court order to compel
the City to complete a
compliant Housing Element
within a specified time limit.
The AG has the authority to
seek any and all remedies
available to it under the law to
obtain compliance. This may
include fines, although these
are not expressly articulated
C-4
Bill No. Summary Description Impacts to the City
receipt in the case of a draft
amendment.
• Before submitting subsequent
draft to HCD, City must post it on
website for 7 days.
• HCD has 60 days to review
and comment on each
subsequent draft.
Additionally:
• Expands HCD enforcement
authority to include: Housing
Crisis Act of 2019; Gov’t Code
§8899.50 (Obligation to
Affirmatively Further Fair
Housing); Gov’t Code §65913.4
(streamlined ministerial review of
affordable housing projects);
Gov’t Code §§65650-65656
(ministerial review of supportive
housing projects); Gov’t Code
§§65660-65688 (ministerial
review of low barrier navigation
centers)
• Establishes 3 year Statute of
Limitations for Enforcement
Actions.
• Authorizes HCD to hire outside
counsel if AG declines to
enforce.
Another impact to the City of a
noncompliant HE is that the
City is not eligible for any state
financial assistance that
requires a compliant HE.
AB 1029 (Mullin)
Housing
Elements. Pro-
housing Local
Policies
Amends Govt
Code §65589.9
Authorizes HCD to include the
preservation of affordable
housing units through the
extension of existing project-
based rental assistance
covenants to avoid the
displacement of affected tenants
and a reduction in available
affordable housing units to the
list of specified pro-housing local
policies for competitive grant
scoring purposes.
Any policy for the preservation
of affordable housing units will
increase the City’s chances to
obtain grant funding or
subsidies from the state to
assist with affordable housing.
C-5
Bill No. Summary Description Impacts to the City
AB 1029 will also allow local
governments to access state
funds to assist with the
acquisition of or provide
subsidies to housing units in
order to obtain preference when
scoring applications for
programs similar to AHSC grant
program, Transformative Climate
Communities program, and Infill
Incentive Grant Program. It also
requires HCD to adopt such
policies as part of the formal
rulemaking process
AB 787 (Gabriel)
Planning and
Zoning. Housing
Element.
Converted
Affordable
Housing Units.
Adds Govt Code
§ 65400.2
• Conversion of existing “above-
moderate” income multifamily
housing units to “moderate”
income housing units.
• Cities can get credit for up to
25% of their moderate income
RHNA.
Requirements
• Initial post-conversion rent
must be >10% less than
previous 12 month average
• Future rent increases capped
at ratio of initial rent to 100%
income level rent limit
• 55 year affordability covenant
and regulatory agreement with
public entity required
• Public entity must retain
purchase option for amount of
outstanding debt
This bill adds a method by
which the City can get credit
towards its RHNA requirements
for conversions of above
moderate-income multi-family
housing units to moderate
income housing units.
AB 1304
(Santiago)
Affirmatively
Further Fair
Housing.
Clarifies that cities’ AFFH
obligation per Gov’t Code
§8899.50(b) “mandatory”
• HCD can bring enforcement
action.
• Potentially creates a private
right of action under statute.
Housing Element must comply
with the new requirements
regarding AFFH provisions.
C-6
Bill No. Summary Description Impacts to the City
Housing
Element
Amends Govt
Code §§
8899.50, 65583,
and 65583.2
• Expands required AFFH
analysis for Housing Elements
as follow:
• Site-specific analysis
• Goals, objectives, and
polices
• Trend analysis
• Assessment of local and
regional historical origins and
current policies and practices
*AB 1398
(Bloom)
Planning and
Zoning. Housing
Element.
Rezoning of
Sites. Pro-
housing Local
Policies
Amends Govt
Code §§ 65583,
65583.2, and
65588
Housing Element:
• Requirement: Adopt certified
Housing Element by statutory
deadline
• Penalty: Mandatory rezoning
to meet RHNA must be
completed within 1 year instead
of 3 years
• Deadline to adopt 6th Cycle
Housing Element: February 12,
2022
• Penalty Deadline to Complete
Mandatory Rezoning: October
15, 2022
• HCD cannot certify City’s
Housing Element until
mandatory rezoning is
completed
• If HCD already certified City’s
Housing Element, it may revoke
certification
• HCD may also refer City to
Attorney General or bring civil
action against City
The rezoning required by the
new Housing Element in order
to meet RHNA will need to be
completed no later than
October 15, 2022, as the
Housing Element will not be
adopted by February 12, 2022.
Planning/Land Use
*SB 9 (Atkins)
Housing
Development.
Approvals
Big picture
•Ministerial Approval of Two-Unit Housing Developments
•Ministerial Approval of Parcel Map for “Urban Lot Splits”
•One-Year Tentative Tract Map Life Extension
C-7
Bill No. Summary Description Impacts to the City
Amends Govt
Code § 66452.6;
adds §§
65852.21 and
66411.7
2-unit housing developments (§ 65582.21)
• Contains “No More Than” 2 Residential Units
• Single-Family Lots Only
• Attached or Detached
• Plus ADU(s) and/or JADU (unless combined with Urban Lot
Split)
•Ministerial Approval Only (no public hearings, no discretionary
review, no CEQA)
Urban lot splits (§ 66411.7)
• Subdivision of one single-family lot into two new lots
• Two lots must be of approximately equal size (60/40 max split)
• Each lot must be no smaller than1,200 square feet (unless City
expressly permits smaller lots)
• City can prohibit ADU(s) and/or JADU(s)
• Ministerial Approval Only (no public hearings, no discretionary
review, no CEQA)
Qualifying criteria applicable to urban units and lot splits
• Site is in a single-family residential zone
• Lot located in an urbanized area
• Lot not located in an environmentally sensitive or dangerous
area
• Site not a historic landmark or within a designated historic
district
• Existing lot was not established through a prior SB 9 urban lot
split (urban lot splits only)
• Neither the owner nor “anyone acting in concert with” the owner
previously subdivided an adjacent parcel through a SB 9 urban lot
split (urban lot splits only)
• The proposed project cannot involve demolition or alteration
of:
• Housing that has been occupied by a tenant within the last 3
years;
• Deed-restricted affordable housing;
• Housing that is subject to local rent or price control; or
• Housing that was withdrawn from the rental market within the
last 15 years to avoid rent control.
• The proposed project cannot involve demolition of more than
25% of the existing exterior walls of an existing dwelling unless:
• Permitted by local ordinance; or
C-8
I
Bill No. Summary Description Impacts to the City
• The site has not been occupied by a tenant in the last 3 years.
Design standards and limitations
Design Standards – City may impose objective zoning,
subdivision, and design review standards if the standard does not
physically preclude the construction of two units with at least 800
square feet of floor area
Setbacks - No setbacks required for an existing structure or
structure constructed in the same location and to the same
dimensions as an existing structure. Otherwise, may require 4 -foot
side and rear yard setbacks
Off-street Parking – City may require one space per unit, except
no parking required for projects:
• Located within half-mile walking distance of public transit; or
• Car share vehicle located within one block.
Short-term Rentals – City must require any rental of an SB 9 unit
to be for a term longer than 30 days
Project Denial – City may deny a proposed SB 9 project if
building official makes a written finding that the project would have
a specific, adverse impact upon public health and safety or the
physical environment and there is no way to mitigate the impact
(Housing Accountability Act standard)
Dedications & Offsite Improvements – City may not require right-
of-way dedications or construction of offsite improvements
Easements – City may require easements for public services and
facilities
Access – City may require the parcels to have access to, provide
access to, or adjoin the public right-of-way
Residential – City must require uses allowed on a lot be limited to
residential uses
Owner Occupancy – Applicant must sign an affidavit stating that
they intend to occupy one of the housing units as their principal
residence for a minimum of three years from the date of the lot
split
*SB 10 (Wiener)
Planning and
Zoning. Housing
Development.
Density
Adds Govt Code
§ 65913.5
• Authorizes City Council to
adopt Upzoning Ordinance
allowing up to 10 units per parcel
• Overrides voter initiative (if
adopted by 2/3 vote)
• Upzoning is permanent –
future City Council may not
reduce the density
Potentially no impact, as this
applies to up zoning ordinances
the City adopts, but adoption of
such ordinances is not
required. However, note that
such up zoning ordinances
once adopted cannot be
undone, even by voter initiative.
C-9
Bill No. Summary Description Impacts to the City
• Authority expires (sunsets) on
January 1, 2029
Limits
• Parcel must be located in
“transit-rich area” or “urban infill
site”
• Not eligible if designated as
open-space or for park and
recreational purposes by voter
adopted initiative
• High or very high fire hazard
severity zones
• Subject to CEQA
• Initial SB 10 ordinance
exempt from CEQA
• Subsequent additional
upzoning is subject to CEQA/
Baseline is zoning before SB 10
Ordinance
• Future proposed projects of
more than 10 units on SB 10
zoned parcel:
• May not be approved
ministerially or by-right
• May not be considered
exempt from CEQA
*SB 478
(Wiener)
Planning and
Zoning Law.
Housing
Development
Projects
Adds Govt Code
§ 65913.11 and
Civil Code
§4747
• Establishes Minimum FAR
Standards for 3-10 unit multi-
family housing projects
• Must be located in a multi-
family or mixed use zone (not
SFR zones or historic
properties)
• Invalidates CC&Rs that
effectively prohibit or
unreasonably restrict multi-family
housing projects meeting above
FAR standards
Cities may not:
• Impose FAR <1.0 on 3-7unit
project
No impact, currently there is no
FAR standard provided in the
code.
C-10
Bill No. Summary Description Impacts to the City
• Impose FAR <1.25 on 8-10
unit project
• Impose equivalent lot
coverage requirement
• Deny project solely on basis
that existing lot area does not
meet City’s minimum lot size
requirement
AB 803 (Boerner
Horvath)
Starter Home
Revitalization
Act of 2021
Adds Govt Code
§ 66499.40
• Statewide authorization for
small lot subdivisions
• Intended to facilitate
development of: small; fee
simple; zero lot line; moderate
density; detached; “Starter
Homes”; in multi-family zoned
areas
Recommended amendments:
Add provisions to the zoning
code applicable to multi-family
zones consistent with the
provisions of Govt Code §
66499.40.
*AB 1174
(Grayson)
Planning and
Zoning.
Housing.
Development
Application
Modifications,
Approvals, and
Subsequent
Permits
Amends Govt
Code § 65913.4
This measure makes changes to
the ministerial process created
by SB 35. These changes
include the following:
• "Development activity"
includes permitted
demolition and grading,
rather than only vertical
construction;
• The extension of the project
approval that must be
granted when a developer
requests a project
modification only applies to
the first requested
modification;
• In determining whether a
project modification would
allow local agencies to apply
new objective development
standards, these
calculations must not
include underground space;
• For specified large projects
that submitted applications
Recommended amendments:
SB 35 authorizes a
development proponent to
submit an application for a
multi-family housing
development that is subject to a
streamlined, ministerial
approval process, as provided,
and not subject to a conditional
use permit, if the development
satisfies specified objective
planning standards, including,
among other things, that the
development and the site on
which it is located satisfy
specified location, urbanization,
and zoning requirements.
RPVMC should be updated to
provide for ministerial approval
of certain housing development
projects, as required by SB 35
and subsequent amendments,
including AB 1174.
C-11
Bill No. Summary Description Impacts to the City
before 2019, the definition of
"affordable rent" for 70%of
the affordable units must
use the definition of
"affordable rent" used by the
California Tax Credit
Allocation Committee, rather
than the one specified in the
Health and Safety Code;
and,
• Amends the findings and
declarations to clarify that it
is the provision of affordable
housing that is a matter of
statewide concern and is not
a municipal affair, rather
than that the contents of this
bill are unto themselves a
matter of statewide concern.
Other Housing Legislation
AB 1180
(Mathis)
Local
Governments.
Surplus Land.
Tribes
Amends Govt
Code 54221
“Exempt surplus land” now
includes land transferred by a
local agency to a federally
recognized California Indian
tribe.
No direct impact. In the event
the City wishes to transfer land
to a Californian Indian tribe, the
transfer will be exempt from the
provisions of the Surplus Land
Act.
SB 51 (Durazo)
Surplus
Residential
Property
Amends Govt
Code §§ 54234
and 54237 of,
and to add
Sections
54237.9,
54237.10,
54239.1,
The surplus land disposal
procedures, as they existed on
Dec. 31, 2019, apply if a local
agency, as of Sept. 30, 2019:
• Has issued a competitive
request for proposals that
seeks development proposals
for the property that includes a
residential component of at
least 100 residential units and
25% of the total units.
No impact.
C-12
Bill No. Summary Description Impacts to the City
54239.2, and
54239.3
developed comply with
specified affordability criteria,
• Provided that a disposition
and development agreement,
as defined, is entered into not
later than Dec. 31, 2024.
• If the property is not disposed
of pursuant to a qualifying DDA
before March 31, 2026, or if no
disposition and development
agreement is entered into before
Dec. 31, 2024, future
negotiations for and disposition
of the property must comply with
the surplus land disposal
procedures then in effect.
*SB 791
(Cortese)
California
Surplus Land
Unit
Adds Govt Code
§54900 et seq.
HCD’s California Surplus Land
Unit established with the primary
purpose of facilitating the
development and construction of
residential housing on local
surplus land.
This Unit may, among other
things:
• Facilitate agreements
between housing developers
and local agencies that seek to
dispose of surplus land;
• Provide advice, technical
assistance, and consultative and
technical service to local
agencies with surplus land and
developers that seek to develop
housing on the surplus land; and
• Collaborate with specified
state agencies to assist housing
developers and local agencies
with obtaining grants, loans, tax
credits, credit enhancements,
and other types of financing that
facilitate the construction of
housing on surplus land
No immediate impact as the
City does not have property to
dispose of. As the Surplus
Land Act may apply to
properties in the Successor
Agency’s Property
Management Plan, having this
Unit at HCD could be helpful.
C-13
Bill No. Summary Description Impacts to the City
*SB 8 (Skinner)
Housing Crisis
Act of 2019
Amends Govt
Code §§
65589.5,
65905.5,
65913.10,
65940, 65941.1,
65943, 65950,
66300, and
66301
Amends the Housing Crisis Act
of 2019. The most notable
changes are:
• Clarifies that “housing
development project” includes
projects that involve no
discretionary approvals, projects
that involve both discretionary
and nondiscretionary approvals,
and projects that include a
proposal to construct a single
dwelling unit. The clarification
does not affect a project for
which an application was
submitted before January 1,
2022.
• Extends the sunset on the Act
by five years, to Jan. 1, 2030,
and provides that until Jan. 1,
2034, the Act’s provisions apply
to a housing development
project that submits a
preliminary application before
Jan. 1, 2030;
• Extends by 1 year, up to 3.5
years, the period during which a
local government may not
impose new rules or standards
on an affordable housing project,
as defined;
• Clarifies that appeals and
public meetings related to
Density Bonus Law are counted
for the purposes of the 5 hearing
limit in the Act; and
• Includes technical changes to
the limitation on a local
government’s ability to reduce
the intensity of land use in its
jurisdiction.
The City may not make
changes to the general plan
land use designation, specific
plan use designation, or zoning
changes that do any of the
following: reduce the height,
density, floor area ratio,
increased space or lot size
requirements, setback
requirements, minimum
frontage requirements, or other
actions that would reduce a
site’s residential development
capacity.
The City may change a land
use designation or zoning
ordinance to a less intensive
use if it concurrently changes
the development standards,
policies, and conditions
applicable to other parcels
within the City to ensure that
there is no net loss in
residential capacity. The bill
defines what concurrently
means in this context.
The City may not approve a
housing development project
that requires the demolition of
occupied or vacant protected
units, as defined, unless the
developer agrees to provide the
occupants of any protected
units with relocation benefits
and a right of first refusal for a
comparable unit available in the
new housing development
affordable to the household at
an affordable rent or an
affordable housing cost, with
certain limitations.
Additional noteworthy change:
City cannot hold more than 5
C-14
Bill No. Summary Description Impacts to the City
hearings related to the
approvals necessary for a
housing project that complies
with the applicable, objective
general plan and zoning
standards in effect at the time
an application is deemed
complete. This bill expands the
definition of what counts as a
hearing, and specifies that a
continued hearing counts as
one of the 5.
*AB 602
(Grayson)
Development
Fees. Impact
Fee Nexus
Study
Amend Govt
Code §§
65940.1 and
66019 of add
Section 66016.5
to, the
Government
Code, and to
add Section
50466.5
Nexus Study required for all
Development Impact Fees (DIF)
• Nexus Studies must be
updated at least every 8 years
• Large jurisdictions (>250,000)
must incorporate a capital
improvement plan into Nexus
Study
• Public hearing with 30 days’
notice required for all Nexus
Studies
• For Housing Projects: DIF
must be calculated
proportionately to square
footage of proposed housing
units
• Exception if City makes
specified findings
• Legal presumption of validity
if using square footage metric
• HCD will create Nexus Study
template with method of
calculating feasibility of housing
at given fee level
• Creates new process for
public to challenge impact fees
• Anyone may submit evidence
to City that findings supporting
DIFs are insufficient or City
violated Mitigation Fee Act
The City will have to comply
with the Nexus Study
requirements of this bill to
impose DIFs going forward,
and notably will need to update
its DIFs at least every 8 years.
C-15
Bill No. Summary Description Impacts to the City
• City Council must consider
evidence and whether to adjust
the adopted fee
• New administrative
requirements
• Cities must post fee
schedules or link on website
• Cities must (1) request
Developers to provide total
amount of fees exactions for
Project upon issuance of
Certificate of Occupancy/ Final
Inspection; (2) post information
on City website; and (3) update
information at least twice per
year.
C-16