CC SR 20220802 G - Affordable ADUs
CITY COUNCIL MEETING DATE: 08/02/2022
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to authorize the Mayor to sign a letter requiring
accessory dwelling units (ADUs) be used for affordable housing.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign a letter to state legislative leadership in support of
legislation which would require ADUs be used for affordable housing.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: McKenzie Bright, Administrative Analyst
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft letter supporting affordable ADUs (page A-1)
BACKGROUND AND DISCUSSION:
On November 2, 2021, the City Council adopted the City’s 2022 Legislative Platform,
outlining the policy positions of the City.1 The platform includes the support of policies or
programs that allow city and state collaboration on housing production, alongside
sustainable transportation, broadband deployment, and other key infrastructure areas to
support our communities (2022 Legislative Platform, item 1.B.).
ADU law has been substantially amended nearly every year since 2016. Legislators
propose these new bills in hope they will help mitigate the housing crisis, without having
the time to know what the results of the existing law will be. The perpetual change
additionally requires local agencies to update ADU/junior ADU (JADU) ordinances to
1 The 2022 Legislative Platform and a record of the bills the City Council has taken a position on during
the 2021-2022 legislative session is available at rpvca.gov/LegislationCorner.
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conform to new laws, which are not state-reimbursable, putting the full burden of
implementing unproven, one-size-fits-all laws that fail to consider local character as well
as safety constraints, such as egress capacity within a Very High Fire Hazard Severity
Zone (VHFHSZ), on the local agency.
Throughout these changes, there have been no statewide requirements that ADUs be
affordable, or be used for housing, as opposed to personal accessory structures such as
gyms or offices. Housing production is one facet of the housing crisis, alongside
affordability. If ADUs are subject to streamlined approvals, the state should also mandate
that such units be sold or rented at affordable rates to ensure that ADUs contribute to the
stock of affordable housing, as noted in the attached draft letter (Attachment A).
The draft letter also stresses the importance of preserving local control and zoni ng in
housing matters, of which the City’s position is well-documented, such as the four housing
and land use-related bills the City Council opposed on June 7, 2022 (June 7, 2022 staff
report; letters and position summaries are also available on the Legislation Corner on the
City website).
CONCLUSION:
Staff recommends the City Council authorize the Mayor to sign the letter in support of
legislation that would mandate ADUs be used for affordable housing as drafted or with
revisions (see Attachment A).
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Identify revised language to add to the letter.
2. Do not authorize the Mayor to sign the letter.
3. Take other action, as deemed appropriate.
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August 2, 2022 Via Email
The Honorable Toni Atkins
California State Senate
1021 O Street, Suite 8518
Sacramento, CA 95814
The Honorable Scott Wiener
Senate Housing Committee
1021 O Street, Room 3330
Sacramento, CA 95814
The Honorable Anthony Rendon
California State Assembly
State Capitol, Room 219
Sacramento, CA 95814
The Honorable Buffy Wicks
Assembly Committee on Housing and
Community Development
1020 N Street, Room 156
Sacramento, CA 95814
SUBJECT: Support for Requiring Accessory Dwelling Units (ADUs) be Restricted
for Affordable Housing
Dear Senate President pro Tempore Atkins, Speaker Rendon, Chair Wiener, and Chair
Wicks:
As you are aware, California is in a severe housing affordability crisis. The City recognizes
the importance of land use planning and development of housing to meet population
growth and community needs.
Through recent housing bill packages, multiple changes have been made to state law,
especially pertaining to accessory dwelling units (ADUs). While many of the bills seek
mandated approvals of ADU projects, they do not require that the ADUs be affordable nor
require a covenant be recorded assuring there u se as housing. ADUs are considered
tools to help alleviate the housing crisis, but their utility is limited if they are not required
to be rented at an affordable rate. Furthermore, we have found that certain ADU
developments have utilized the streamlined approval process for non-housing uses such
as personal gyms and offices, not contributing to intended housing stock.
The City is committed to maintaining and enhancing a high quality of life and safety for all
residents as reflected in its General Plan. Local land use authority is essential to ensuring
that all new developments are suitable and safe for our community, and to all ow the City
A-1
Senate President pro Tempore Atkins, Speaker Rendon, Chair Wiener, and Chair
Wicks
August 2, 2022
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and developers to work together to find the most mutually beneficial arrangement for all
residents.
We are committed to being part of the solution to the housing shortfall across all income
levels and will work collaboratively with you and other stakeholders on legislative
proposals that will spur much needed housing construction without disregarding the state -
mandated local planning process and important public engagement. A vital part of that
solution is ensuring that ADUs are an affordable housing option, particularly as ADUs are
already subject to streamlined approval processes.
For these reasons, the City of Rancho Palos Verdes would be supportive of legislation
which requires ADUs utilizing streamlined zoning processes be restricted for affordable
housing.
Sincerely,
David L. Bradley
Mayor, City of Rancho Palos Verdes
cc: Ben Allen, Senator, 26th State Senate District
Al Muratsuchi, Assemblymember, 66th State Assembly District
Jeff Kiernan, League of California Cities
Marcel Rodarte, California Contract Cities Association
Sharon Gonsalves, Renne Public Policy Group
Rancho Palos Verdes City Council and City Manager
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