Part 2: Background on the RPV Housing Element
If you are looking to get the background on the Rancho Palos Verdes Housing Element, you’ve come to the right place. Let’s start with these acronyms and their definitions to ground you:
DEFINITIONS
HCD- Department of Housing and Community Development
COGs- Council of Government
RHNA- Regional Housing Needs Allocation
RPV- Allocation is 647
Builder’s Remedy- The “Builder’s Remedy” and Housing Element can be used to avoid local zoning requirements when a locality’s housing element does not substantially comply with state law
Silver Spur - A small neighborhood in the Grandview Silver Spur area is impacted by a Builder’s Remedy application proposing a large development in a canyon: 482 condos, 4 builders, 11 floors high, 500 parking spots
SB- Senate Bills
AB- Assembly Bills
NIMBY- Not In My Backyard. California residents and advocacy groups trying to push back on legislation and in support of local control.
YIMBY- Yes In My Backyard Advocacy group out of Sacramento/ San Francisco with powerful lobbying dollars with the mission to increase housing density. They are funded by big tech and developers.
PIMBY- Public Housing In My Backyard. Advocacy group and their efforts are focused on the production of subsidized, below-market-rate units and rent controls.
BACKGROUND
HOUSING ELEMENT & LEGISLATION: High level and review of the most critical legislation authored and passed removing local control.
o Every city must adopt a Housing Element to help plan how to address its share of the regional need for housing allocation (RHNA). RPV RHNA numbers are 647 and different levels of incomes.
o Components of a Housing Element (straight forward) Needs to be adopted and deemed compliant by HCD.
Housing Needs assessment
Evaluation of Past Performance
Housing Site Inventory
Community Outreach
Constraints Analysis
Policies and procedures
LEGISLATION: In the past 5 years, so much legislation authored and passed to address the housing crisis, an unfunded mandate and we are losing local control. Just a quick review to try and understand what the challenges are for all California cities and all the legislation.
Prior to 2017
There were not very many ramifications if a community did not have an approved housing element. Since 2017, legislature passed a comprehensive package
SB35- Streamline housing developments especially low income
SB166- No net loss. Required cities to maintain adequate housing sites at all times
AB72- Authorizes HCD to find a locality out of compliance and refer violations to state Attorney General
AB1397- Ensured realistic sites for housing
2018 Legislation
SB 828 and AB 1771
Revises the COG methodology
Prohibits COG from using underproduction of housing or stable population numbers
Strengthened enforcement of RHNA statutory objectives
Increase transparency for RHNA allocations. We are required to publish and explain how RHNA methodology furthers the statutory objectives.
Eliminates swaps. Deletes the authority of two localities to agree to an alternative distribution
Increase transparency in the appeals process. This allows city to request a revision to the RHNA numbers.
2019 – Carrot and Stick Approach
AB 101
Additional accountability and fines. Attorney General may seek remedies if the locality is non compliant and fails to comply within a certain period, they can star to impose fines starting at $10,000 and up to $60,000 a month.
Incentives to encourage housing production. It requires HCD to identify a set of “pro-housing policies, and those cities that adopt those policies and they receive extra points for competitive grant programs.
2020 Legislation - Streamlining, Increasing Density and Reducing Barriers to Production
Housing Crisis Act. Created new vesting rights for housing developments and limits on local review procedures.
Preliminary application protections
Application completeness streamlining
Accessory Dwelling Units (ADU). Package of laws that essentially ended the single- family zoning allowing most single family homes to be converted into separate housing units. Created new incentives and streamlined process to build ADU and triplexes.
o 2021 Legislation
AB 831 and AB 168
Amends SB 35 to streamline the approval process for infill housing projects
AB 725
Imposes new requirements for housing elements regarding the identification of land suitable to provide for the jurisdiction’s fair share of the regional housing needs
AB 1561
Extension for certain housing entitlements due to pandemic
AB 1851
Reduces parking requirements for housing development projects that are located on one or more contiguous parcels that are owned by a religious institution and qualify for a density bonus
2022 Legislation (31 New Housing Bills)
SB 9
Allows split lots/ development of duplexes on single family- zoned parcels approved ministerial (with requirements)
By pass CEQA process
SB10
Allows jurisdictions to develop and adopt ordinances that increases density up to 10 residential units
All other bills offered incentives for housing production, incentives for affordable and addressing bias in housing.
SB 490
Convert rental properties occupied by low-income households into affordable homes
AB 215
Added laws AB686, affirmatively furthering fair housing and AB2162…supporting HCD AB 72 enforcement authority.
AB 1043
Establishes a new acutely low-income category > 15% of area medium income (AMI)
AB 989
Housing Accountability Committee
2023 Legislation
AB 2334
State Density Bonus Law Amendment
Allows developers to increase density, access concessions to reduce development costs, waive development standards and reduce parking in exchange for providing affordable housing.
Amended every year in an effort to unlock more housing production potential.
AB 2011
Advance residential development on sites currently zoned and planned for commercial and retail use.
AB 2234
Housing Crisis Act of 2019 (SB 330) has been given new teeth and establishes timelines for local governments to determine completeness of a permit application.
AB 2097
No parking minimums within half-mile of public transit. Prohibits public agencies from imposing minimal parking requirements
SB 897
Increased height limits for ADUs to 16 ft and 18 ft for detached. Allows for two story ADU if conditions are met. Allows for developers to include two detached ADU’s in their design.
AB 2094
Greater requirements for annual reporting.
2024 Legislation- See Part 3: What We Can Do to Make a Difference
TODAY: Rancho Palos Verdes Housing Element
A lot of work to date from our city employees and Housing element Ad Hoc committee and kudos for their effort and RPV met HCD compliance on 06/12/2024, however our city missed critical deadlines which allowed 3 Builder Remedy applications.
City of Rancho Palos Verdes 6th cycle (2021-2029) Adopted Housing Element approved on 6/12/2024. Due date was 10/15/2021 (HCD website).
RPV Housing Element – sites within RPV
Sites – is a site in your neighborhood? Take a moment to review. I reached out to the city to see if there was a final version as the final draft is from 03-15-2024 and is still red-lined. I will update as soon as they post the final approved document version as it was adopted. Site 16 and the developer have a business relationship with our Mayor Cruikshank and emails documented discussion in regards to luxury condos and potential up- zoning to accommodate the developers plan even before the parcel was purchased. Our RPV city employees participated in those meetings/ conversations at the same time my neighborhood and owner at that time was expressing concern about the development and neighborhood environment/ safety issues as it is a quarter of a mile away from the slide area. Another example of developers and city/ council active engagement with approvals and potential development in a environmental sensitive area. Why is this still happening in RPV?
Note: Site 4 is near the Salvation Army.
Local and state wide efforts to gain back local control
o Currently there are 4 mechanisms to try and push back and regain back local control.
Legal- many cities are pursuing legal action against the state. It is very expensive and the state is winning. ONV and Livable California are following these very closely.
Charter city/ Deed Restriction/ HOA. There are some protections for charter cities, deed restrictions and HOA and many cities are looking to see if “charter city” is an option as several cities have had some legal success and other cities are moving in this direction but now our legislator’s are authoring new legislation to close this loop hole.
Legislation- grass roots effort Livable California to apply pressure on elected officials to modify current or proposed legislation or to vote “NO” and not approve the proposed legislation. Our legislators are authoring so many bills that we cannot keep up with their pace as their goal is to completely remove local control.
Statewide Ballot Initiative
As you can see with all the legislation that has been passed since 2017, with all best efforts, we cannot keep up with all the legislation and CA elected officials, including Ben Allen, Al Muratsuchi introduce more and more legislation with the majority voting yes, removing more and more local control. And with each lawsuit to push back, they enact additional legislation to fill in those legal gaps.
Our Neighborhood Voices (ONV) is working on a statewide ballot initiative. To make this happen, we need support and dollars.
There is a lot at stake and a lot we each can do. As your City Councilmember, I will work ensure we don’t fall behind on the next Housing Element cycle and fight to ensure that local control stays with RPV.
“Let’s work together on the issues and find the right solutions with accountability, ensuring our wonderful city, neighborhood continue to be why we choose to live here.”
