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20240917 Late CorrespondenceTO: FROM: DATE: SUBJECT: '{(< CITY OF v,1RANCHO PALOS VERDES I HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK SEPTEMBER 17, 2024 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material presented for tonight's meeting. Item No. Description of Material Non-Agenda Emails from Julie Smalling and Amy Ablakat Respectfully submitted, L:\LATE CORRESPONDENCE\2024\2024 Coversheets\20240917 additions revisions to agenda.docx From: Sent: To: Subject: fjsmalling@aol.com Tuesday, September 17, 2024 12:4 7 PM CityClerk Comment for Tonight's Council Meeting Please include my following comment for the City Council meeting tonight, September 17, 2024. Regarding the $5 million from Janice Hahn for "Landslide Relief," I strongly urge the council to disperse all of this money directly to the 200+ households who have had utility services cancelled. Do not keep in for the city to spend. Please accept Hahn's offer to assist with creating and managing a disbursement program. Any direct payment to residents will be hugely appreciated and go a long way in earning faith/ gratitude/ positive relationships between residents and our city government. For simplicity, I suggest an even split of the funds to all the households but recognize that the actual damage to homes varies greatly. However you chose to disperse will be better than nothing; just give it to the residents. FYI, I am not included in the homes without power & gas. I am not asking for this money. I am advocating for my neighbors who are suffering greatly and not getting the assistance they desperately need. Julie Smalling 4232 Exultant Drive fjsmalling@aol.com 31 0-541-1654 1 Enyssa Sisson From: Sent: To: Subject: Attachments: Teresa Takaoka Tuesday, September 17, 2024 2:52 PM Enyssa Sisson FW: Concerns Regarding Amendments to the City of Rancho Palos Verdes 2021-2029 Housing Element Schmitz and Associates Letter to City of Rancho Palos Verdes 09.17.24.pdf Teresa Takaoka City Clerk terit@rpvca.gov Phone -(310) 544-5217 Address: 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov This c·nrnil rncss,19c contains information bclongin9 to tr1e City of Rancho Palos Vonfos, v,hk:h rnay be privileged, confldent:id, and/or protected from disclosure. The inforr11ation is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, 01 copyinq is s!rictly m01u,,t,v1 lfyou .received this 0rnaii in error, r:::-an, not an intended recipient, please notify the :,ender irnn1ediat:ely. Thank you tor yow· as:,istanc.P and rnopCT<ltion. From: Amy Ablakat <aablakat@schmitzandassociates.net> Sent: Tuesday, September 17, 2024 2:44 PM To: CityClerk <CityClerk@rpvca.gov> Cc: Scott Hoeft <shoeft@schmitzandassociates.net>; Don Schmitz <dons@schmitzandassociates.net>; Cindy Martin <cm a rti n@schm itza nd associates. net> Subject: Fw: Concerns Regarding Amendments to the City of Rancho Palos Verdes 2021-2029 Housing Element To Whom It May Concern, Please see email correspondence below and attached letter sent to the City Council today. Thank you, Amy Ablakat 1 □ Amy Project Team Manager, Schmitz and Associates 0747.300.6982 Oschmitzandassociates.com Oaablakat@schmitzandassociates.net 028230 Agoura Rd. Suite 200. Agoura Hills. CA 91301 IMFOi/TANT · Tile contonls of lriis email and ,my ott2crm1ent;; are confidcnti2L They c,110 intended for llio namod 1ocip,onlb) only. 11 you have received this email by rniswkc, ph,aso notify the sender i1nrnodiatdy and do not d:sC:oso thr, contents to anyone or moko copies thereof. From: Amy Ablakat <aablakat@schmitzandassociates.net> Sent: Tuesday, September 17, 2024 1:18 PM To: john.cruikshank@rpvca.gov <john.cruikshank@rpvca.gov>; eric.alegria@rpvca.gov <eric.alegria@rpvca.gov>; david.bradley@rpvca.gov <david.bradley@rpvca.gov>; barbara.ferraro@rpvca.gov <barbara.ferraro@rpvca.gov> Cc: Scott Hoeft <shoeft@schmitzandassociates.net>; Don Schmitz <dons@schmitzandassociates.net>; Cindy Martin <cmartin@schmitzandassociates.net> Subject: Concerns Regarding Amendments to the City of Rancho Palos Verdes 2021-2029 Housing Element Dear Councilmembers, I hope this message finds you well. Please find attached letter regarding the City's proposed amendments to the 2021- 2029 Housing Element. We would like to reiterate key concerns about the amendment presented to the City Council on September 3, 2024. We wish to emphasize that the City missed critical deadlines in the Housing Element process. Any further restructuring of the plan may lead to additional delays, potentially extending the program's timeline by another year of more. This would significantly exacerbate an already critical situation. We appreciate your attention to this matter and look forward to your timely response and consideration. Thank you, Amy Ablakat □ Project Team Manager, Schmitz and Associates 0 747.300.6982 0 schmitzandassociates.com 2 D aablakat@schmitzandassociates.net D 28230 Agoura Rd. Suite 200. Agoura Hills, CA 91301 IMPO!? !ANT: Tl1e contents or this email and any at!i,cl1rmmt0 aro confidentioL They ore tntenrJed for 1110 namo,l recipient(s) only. If you flavo received this email by mistake, plooso notify the sondor immodintoly rmd do not disc!o.so tho contents to anyone or rrwke copies thereof. 3 September 17, 2024 Mayor John Cruikshank Mayor Pro Tern Eric Alegria Council member David L. Bradley Council member Barbara Ferraro Council member Paul Seo City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 Schmitz & Associates, Inc. 28230 Agoura Road, Suite 100 Agoura Hills, CA 91301 RE: City Council Meeting on September 17, 2024 Following our discussion with the California Department of Housing and Community Development (HCD) regarding the City of Rancho Palos Verdes proposed Housing Element 2021-2029, we would like to reiterate some points regarding the proposed amendments to the Housing Element, that went before City Council on September 3, 2024. We are writing to stress that the City has lapsed in meeting the deadlines for their housing element. Attempts to again restructure the plan could further delay the program for another year or more, exacerbating an already critical situation. Additionally, such delays could result in HCD determining the City is not in compliance, potentially triggering the application of Builder's Remedy under California law, which could significantly alter the City1s ability to control development projects. Builder's Remedy is a legal provision that becomes applicable when a city of local government is out of compliance with California's housing element laws. Under the Housing Accountability Act ( HAA), if a local jurisdiction fails to adopt a compliance housing element as required under Regional Housing Needs Allocation (RHNA), developers may bypass local zoning regulations to fast track housing projects that include a certain percentage of affordable housing. Please note, Courts have upheld the remedy as a way to promote housing development when cities have failed to meet their state-mandated housing obligations. Given the potential consequences, it is critical that the City of Rancho Palos Verdes consider the following points and avoid further delays. Concerns Regarding Timing of Local Coastal Plan Amendment and Extension The City of Rancho Palos Verdes' 2021-2029 Housing Element, RHNA obligation, and related Local Coastal Plan ( LCP) amendment request has been in process with the City of RPV for three years. It requires Coastal Commission approval of the related LCP amendment, and has been pending with the Commission for several months. Now Commission has extended the item for a full year, the maximum time allowed pursuant to the Coastal Act. The City's Housing Element is already three years overdue, and a full year extension should not have been necessary. According to email correspondences between the City of Rancho Palos Verdes and Coastal Commission staff, the City requested an extension for the amendment. This was not a directive that was initiated by Coastal staff. Please note that on May 3, 2024, LCP amendment request no. LCP-5-RPV-24-0017-1 was deemed to be complete and in proper order for filing pursuant to the requirements of Coastal Act section 30510 and Section 13 553 of Title 14 of California Code Regulations. Pursuant to Coastal Act section 30512(a) and 30514, an LUP amendment must be scheduled for a pL1blic hearing and the Commission must take action within 90 working days of receipt of a cornplete submittal. The 90 th day for this LUP amendment was September 11, 2024. Commission staff received a one-year extension to September 11, 2025. The City failed to substantially comply with State law from October 15, 2021, until June 12, 2024, when it finally put forth a revised Element which the HCD found in compliance with statutory requirements. A full year time extension will further deprive the public of an Element designed to increase housing stock. Clustering Development on a Few Parcels Violates State Housing Laws Please note that the removal of certain sites, specifically Site #16 (APN#7573-006· 024)(Southeast of Clipper Road and Palos Verdes Drive), means there will be no opportunity sites proposed south of Palos Verdes Drive and eliminates ALL SITES PROPOSED IN THE COASTAL ZONE. The area in Yellow on the map represents the Coastal Zone. All Coast The ONLY coiH,tal site (APN 7573- 006-024), south P.nlos Verdes Dr1 is proposed to b-, eliminated. All RHNA opportunities are proposed removed [] Coastal Zone The Proposed Housing Element Revisions violate: AB 686 and HU D's Affirmatively Furthering Fair Housing (AFFH), and the California Coastal Act Section 30604(h) • The Clipper parcel, Site #16 (APN#7573-006-024)(Southeast of Clipper Road and Palos Verdes Drive) should remain on the site inventory list to comply with AB 686, Fair Housing Act and Coastal Act Section 30604 (h), • Assembly Bill 686 -prohibits local governments from segregating or concentrating affordable housing to a few neighborhoods. Yet, the City is trying to eliminate the only site in the Coastal Zone, pushing opportunity sites away from the coast. • The Fair Housing Act aka "Affirmatively Furthering Fair Housing" ("AFFH") -requires Cities to eliminate segregation and foster inclusive communities. This requires including sites within the coastal zone. The City attorney opined at the last hearing that this is an issue. • The California Coastal Act, Section 30604(h) -requires Cities to consider "Environmental Justice" to ensure fair treatment and equitable distribution of environmental benefits, such as access to the Coast. • It is not a show of good faith for the City to focus on eliminating above-moderate RHNA units because they are the most likely to go forward. • The Clipper site, Site #16 (APN#7573-006-024)(Southeast of Clipper Road and Palos Verdes Drive) has an actual project in the design phase, there have been multiple conversations and meetings with the City, and it should not be removed from the site inventory list. Please ensure that these considerations are taken into account as the City moves forward with the appropriate Housing Element process, The City is already behind in meeting its current housing element requirements. Amending atthis stage and removing the Clipper site will likely lead to further delays in addressing housing needs of the community. It is crucial that the City avoid any actions that could prolong the process and instead focus on meeting existing housing obligations. Sincerely Yours, Don Schmitz Schmitz and Associates, Inc.