CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
8/28/2023
1 SUBJECT:
Response to San Mateo County Civil Grand Jury Report Titled “Accessory Dwelling Units:
Affordable Housing’s Panacea or Prevarication?”
RECOMMENDED ACTION:
Move to approve the response to San Mateo County Civil Grand Jury Report Titled “Accessory Dwelling Units: Affordable Housing’s Panacea or Prevarication?” STAFF CONTACT:
Christian Murdock, Planning Director
(650) 738-7341
[email protected]
BACKGROUND/DISCUSSION:
Early in California’s history, the California Constitution established grand juries in each county.
The California Penal Code provides for the formation of civil grand juries and their powers and duties. With respect to public agencies, grand juries are authorized to “Investigate and report upon the operations, accounts and records of the officers, departments, functions, and the method or systems of performing the duties of any such city or joint powers agency and make such recommendations as it may deem proper and fit.” California Penal Code § 925(a). Within 90 days after the Grand Jury submits a report regarding the operations of any public agency, the “Governing body of the public agency shall comment to the presiding judge of the Superior Court on the findings and recommendations pertaining to matters under the control of the governing body…” California Penal Code § 933(c).
On June 12, 2023, the San Mateo County Civil Grand Jury issued a report titled “Accessory Dwelling Units: Affordable Housing’s Panacea or Prevarication?” (Attachment A). The Civil Grand Jury report states that some San Mateo County communities may be misusing accessory dwelling units (ADUs) to avoid the construction of multifamily low-income housing as they are allowed to be counted as affordable housing in the communities’ regional housing needs allocation (RHNA) plans over the next eight years. Many changes and additions to Statemandated housing requirements have been made over the years, and potential issues that were identified in the report include the following:
• The State has neglected to include any form of regulation to ensure low-income tenants ultimately use these ADUs as planned.
• Because owners often rent their ADUs to family and friends, they can exacerbate patterns of segregation and exclusion.
• Counting ADUs as affordable housing will likely result in cities issuing permits for fewer deed restricted low-, very low-, and moderate-income apartments and homes.
The report indicates that there is limited accountability through oversight and regulations to ensure that low-, very low-, and moderate-income housing will begin operation and not end up existing solely on paper. The Civil Grand Jury suggests certain approaches to monitor and verify the production and affordability of ADUs through various nonprofit agencies and for-profit real estate management companies.
Pacifica City Council 2
August 28, 2023
Response to Civil Grand Jury Findings:
The response to the Civil Grand Jury report is due by September 11, 2023. The City's response to the Civil Grand Jury report’s findings and recommendations are set forth in the draft response letter included as Attachment B. The City is continuing to work on a collaborative countywide approach to ADU affordability monitoring with the County of San Mateo, other cities/towns, and the 21 Elements housing consortium. That collaborative approach is reflected throughout the City’s responses.
ALTERNATIVE ACTION:
Decline to accept the draft response to the San Mateo Civil Grand Jury and provide additional direction to staff.
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
Approval of the response is consistent with the following Council-adopted Goal:
• The goal to prioritize protection and development of affordable housing includes completing the Housing Element Update and prioritizing Housing Element program implementation.
FISCAL IMPACT:
The fiscal impact of accepting this report and implementing the recommendations are minimal and can be addressed with budgeted resources.
ORIGINATED BY:
Planning Department
ATTACHMENT LIST:
Attachment A - Civil Grand Jury Report (PDF)
Attachment B - Draft responses to Civil Grand Jury Report (DOCX)