A ‘no’ uttered from deepest conviction is better and greater than a ‘yes’ merely uttered to please, or what is worse, to avoid trouble
— Mahatma Gandhi

Accessory Dwelling Units (ADUs)

Background: Under amendments to State law effective January 1, 2020, the City is mandated to administer the approval of ADU’s and Junior ADUs sought by residents. Under new State laws (click here for more details), the City’s existing ADU regulations are null and void until a new compliant code is adopted, which would then be subject to review and approval (or denial) by the State Department of Housing and Community Development (HCD).

The City has reviewed several iterations of a new ADU ordinance throughout the past three years. On April 14, 2020, City Council adopted a temporary ordinance to regulate ADUs while Council reviews iterations of a permanent ordinance for the City. This temporary ordinance remains in effect either until a permanent ordinance goes into effect or April 13, 2021, whichever occurs first.

Residents have expressed concern about the possible consequences of this new State law and the City’s response to compliance. In particular, the ordinance (and the recently passed state law) are in conflict with the underlying CC&Rs from the 1920s; these are contracts which all homeowners are obligated to follow. Some residents are concerned that this may create a precedent that the State could leverage to force eventual conversion of parklands into low income housing notwithstanding the fact that the underlying deed restrictions explicitly forbid the sale of parkland for any purpose except public recreation.

Question: What is your view of this new State law? What ideas do you have for balancing the concerns of the residents while achieving compliance with State law on this matter? What steps should the City take to allay residents’ concerns?

Responses:

 
Gayne Brenneman

Gayne Brenneman

GAYNE BRENNEMAN
”My view of the law, is that it represents our state’s attempt to lower the high cost of housing, by ‘doubling’ up, on the density.

Our city is a small city, without sidewalks, traffic lights, or night lights. Adding density, would have very unfortunate consequences, for our bicyclist, pedestrian, motorists safety, let alone worsen our traffic problems, and esthetics. We currently don’t have the financial resources, on our own, to fight Sacramento, and would have to form a coalition, with nearby Southbay cities, similar to ours, to resist the ADU’s.”
 
Sanford Davidson

Sanford Davidson

SANFORD DAVIDSON (incumbent)
(Councilmember Davidson declined to supply answers to any of the questions posed)
 
Dawn Murdock

Dawn Murdock

DAWN MURDOCK
”Sacramento has been passing many laws to seize local control of zoning rights and pressure cities to build high density housing. I commit to fighting any legislation to eliminate single-family residence zoning and require high-density. These laws bypass any environmental protections (CEQA) and eliminate any recourse residents have for view obstructions. ADUs are only part of the problem.

Another concern is the 198 housing units the state is compelling PVE to build (RHNA allocations). AB670 already violates our deed restrictions, posing a threat to parkland being repurposed for high-density units.

The state claims density reduces the global warming impacts of commuting. However, PVE does not provide a favorable proximity to jobs.

We must pursue avenues to retain the city character and our open spaces. For instance, we can find cities that are comparable to PVE in terms of terrain, being predominately very high fire risk, and roads and access routes, and see what ordinances and protections they have created for their city.

To fight State mandates, we must:

• Contact elected officials in Sacramento;

• Join coalitions with other cities to fight the mandates;

• Challenge the mandates based on the CA constitution which protects contract law;

• Evaluate the merits of becoming a charter city which would have its own constitution and provide protections.

I have experience working with and across groups to achieve a common goal.”
 
Jim Roos

Jim Roos

JIM ROOS
”Recent statewide legislation has restricted local control of Accessory Dwelling Units (ADUs). Sacramento has invalidated both local ordinances and private deed restrictions that prevented the construction of ADUs in areas zoned for single-family homes. I oppose this overreach and support efforts to limit the impact of this legislation and to lobby Sacramento for relief.

While I appreciate the state’s desire to address homelessness and housing affordability, I do not support upzoning of single-family neighborhoods or limits on our ability to preserve views and setback requirements. Deed restrictions intended to preserve the single-family character of our neighborhoods should not be invalidated.

As a member of the Planning Commission I have participated in the City’s efforts to address statewide mandates. As a member of the City Council, I would continue to advocate for local control in development.”
 
Bill Sewell

Bill Sewell

BILL SEWELL
’My view of this State Law is that it sets a dangerous precedent leading to State takeover of local decisions. The City must join with other cities throughout the State to fight this law and others that are now bills before the legislature. I have reached out to Mike Griffiths, Torrance City Council Member to make sure that PV Estates is included in his efforts to form a state-wide con-sortium among cities and towns, called California Citizens FOR Local Control, to fight the usur-pation of our local control by the State. This may take legal action and our membership in the consortium will reduce our share of those costs. In short, we must act to fight this law and the other bills before they become law. We have upheld our CC&Rs for nearly 100 years.

Meanwhile, we have to deal with the law as is. One approach is to designate as much of our city as possible a High Fire Probability Zone which would exempt the City from the law requiring ADUs and JADUs. While we cannot, under the law, designate the entire city, we can designate large portions of the city based on rapid spread probability, such as our hillsides, forests and the ability to get firefighting equipment to the scene. Staff has already started working with the LA local County Fire resources to begin designating areas as HFPZs. Much still needs to be done and I will work to make sure this important work gets done.’

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For videos of PVrrg’s Candidate Forum held on October 1 — click here

For results of the 2020 PVE Issues and Priorities Survey — click here

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