San Marino City Council
February 9, 2022

San Marino - HCD Draft Housing Element October 29, 2021

adult or child has a disability to live independently. The City of San Marino does not currently have any known supportive housing facilities.

4.3.6 At-Risk Assisted Housing Developments.

In compliance with Government Code §65583(a)(9), this section will report a zero inventory of at-risk units (10 years from the Housing Element due date). The City of San Marino contains no assisted housing developments, and therefore contains no at-risk assisted housing developments.

4.3.7 Planning and Zoning Incentives
AB 2345 provides developers with density bonuses or other incentives in exchange for the provision of affordable housing which meets certain requirements. As of January 2021, up to a 50% density bonus can be approved for housing projects consisting of a combination of affordable and Above-moderate homes. The legislation also reduces specific thresholds for obtaining approvals and allowances from local jurisdictions, requires density bonus reporting, and reduces parking obligations for many projects qualifying for a density bonus.

4.4 HOUSING CONSTRAINTS ANALYSIS
This section of the Housing Element examines the constraints that could hinder the City’s achievement of its housing objectives and the resources that are available to assist in the production, maintenance, and improvement of the City’s housing stock.

4.4.1 Non-Governmental Constraints
In compliance with Government Code §65583(a)(6) the following is an analysis of potential nongovernmental constraints:

Vacant Land
The City's vacant land supply is non-existent. There is one (1) vacant residential lot remaining in the City, and a building permit has been issued for its development with a single-family home.

Since the City is built-out and there are no remaining subdividable parcels, subdivision standards do not form a constraint to development. The City’s established policies of maintaining excellent design standards and very low densities to maintain community character apply to all new development. With no vacant lots in the City, there is no potential to develop new affordable housing units on vacant land within City limits and all development must take place on non-vacant parcels.

Land Costs
The cost of land directly influences the cost of housing. In turn, land prices are determined by several factors, most importantly the availability of land. As previously noted, there are no vacant residential parcels in San Marino. Compared to surrounding jurisdictions, as well as the region, land prices in San Marino significantly constrain the production of housing. Table 17 below provides the land cost for a standardized ¼ acre residential lot in San Marino ($1,673,700)

San Marino - HCD Draft Housing Element October 29, 2021

compared to the highest-cost jurisdictions in Los Angeles County and the immediate area around the City. San Marino consistently ranks among the top 100 most expensive zip codes in the nation; in 2019 it ranked 34th most expensive in the annual Price Shark survey. Land costs in San Marino are a significant constraint to the development of housing; this is a factor that is outside of the City’s control.

Table 17: Land Costs in Selected LA County Zip Codes
City   ZIP Code Land Value (Per
Acre, As‐Is)
Land Value (1/4
Acre Lot,
Standardized)
Land Share of
Property Value
Home Price
Appreciation
USA
Rank
Santa
Monica
90402 $15,511,600.00 $3,606,200.00 80.8% 160.7% #3
Beverly
Hills
90210 $8,560,500.00 $3,168,300.00 74.1% 160.2% #4
San
Marino
91108 $5,574,100.00 $1,673,700.00 69.8% 157.3% #34
Source: American Enterprise Institute 2019; Property Shark Most Expensive US Zip Codes 2019 Construction Costs
The cost of construction depends primarily on the cost of materials and labor, but it is also influenced by market demand and market-based changes in the cost of materials. The cost of construction depends on the type of unit being built and on the quality of the product being produced. Labor saving materials and construction techniques are available, but they tend to reduce the quality of the finished product. The type of product largely determines the cost of construction. The cost of labor is based on several factors, including housing demand, the number of contractors in an area and the unionization of workers, but it is generally two to three times the cost of materials.

Construction costs in the Los Angeles area are significantly higher than the state average with costs in San Marino higher still based on the high quality of living and design standards embraced by the community. According to the City’s Building Official, construction costs in San Marino are as high as $331 per square foot. Additionally, recent wildfires in the region have increased the demand for new construction, which in turn has driven up the cost of materials and resulted in a shortage of skilled labor. The construction cost of housing affects the affordability of new housing and is a significant constraint to housing in San Marino that is outside of the City’s control.

Financing
Interest rates are determined by national policies and economic conditions, and there is little that local governments can do to affect these rates. Government insured loan programs may be available to reduce mortgage down payment requirements.

San Marino - HCD Draft Housing Element October 29, 2021

First time homebuyers are the group affected the most by financing requirements. Mortgage interest rates for new home purchases ranged from 2.3% to 4.5% for a fixed rate 30-year loan in 2021. Lower initial rates are available with other mortgage types. Although rates are currently low, they can change significantly and substantially impact the affordability of the housing stock.

Interest rates at the present time are not a constraint to affordable housing. Financing for both construction and long-term mortgages is generally available in San Marino subject to normal underwriting standards. A more critical obstacle to homeownership involves both the affordability of the housing stock and the ability of potential buyers to fulfill down payment requirements.

Typically, conventional home loans will require 5% to 20% of the sale price as a down payment, which is the largest constraint to first time homebuyers. This indicates a need for flexible loan programs and a method to bridge the gap between the down payment required and a potential homeowner's available funds.

According to local realtors, the market continues to experience many all cash offers for homes in San Marino. This makes it difficult for first time home buyers with minimal down payments to compete for a home. Anecdotal information received during the public input process for the Housing Element update indicated that smaller homes were almost always bought by “flippers” for cash with no intent to make it a home. Instead, the houses are enlarged and remodeled, then put back on the market for much higher prices where they sit vacant for months or even years.

Vacancy rate data would seem to collaborate this anecdotal information. The City is exploring use of a subregional Housing Land Trust that could help to reduce this constraint.

Community Opposition
Many California homeowners, including those in San Marino, are resistant to new housing development, especially that of higher density, in their towns. Public input received during the Housing Element Update process identified an environment in which negative citizen input can make it difficult to build anything new or creative within the City, even if all zoning, development, and design guidelines are followed. This position is often referred to as “NIMBYism,” which stands for “not-in-my-backyard.” These Many residents often fear are concerned that new development will negatively impact their quality of life by decreasing privacy, safety, property value, public health, or service levels.

A 2014 Housing Element program to consider amending the City’s commercial development standards to make it easier to build mixed-use projects was met with significant community opposition and the program was abandoned. As shown by the community opinion surveys, residents have mixed feelings about new housing development in San Marino. While many community members express support for more low-cost housing choices and the introduction of more residential uses in the commercial areas, there are a significant number of community members who feel that all of San Marino’s housing needs are being met and that there should be no changes made to the existing physical form of the City. Many respondents to the survey felt that no apartments should be built in San Marino. To help overcome this opposition, objective design and development standards will need to be adopted to provide for the ministerial review of qualified housing projects.

San Marino - HCD Draft Housing Element October 29, 2021

Community resistance can lead to a variety of constraints on housing development. Community members may pressure the Planning Commission and City Council to deny projects, and in some cases may also threaten legal action. This environment increases risk for developers and may discourage them from bringing development proposals to the City. It also means that development proposals, especially multifamily residential development or development at a higher density than currently exists, will likely require more time and resources in the development process to address community concerns. Constraints from community resistance and NIMBYism in discretionary decision-making and design review processes make it even more important for the City to adopt objective design and development standards for residential and live-work projects.

4.4.2 Potential Governmental Constraints
Governmental constraints are policies, standards, requirements, or actions imposed by the various levels of government upon land and housing ownership and development. Although federal and state agencies play a role in the imposition of governmental constraints, these agencies are beyond the influence of local government and are therefore not addressed in this document.

General Plan and Zoning Code
Every city must have a General Plan that establishes policy guidelines for development within the City. The General Plan is the basis for land use decisions in a jurisdiction. The Land Use Element identifies the location, distribution and density of land uses in the City. In implementing the General Plan, the City of San Marino uses Zoning Regulations and the Subdivision Ordinance.

General Plan densities are expressed as dwelling units per acre. The San Marino General Plan provides for three residential land use designations in the City, as shown in Table 18.

Table 18: Residential Land Use Categories
Designation Density Range Description Acreage Maximum
buildout
Low Density 0 ‐ 2 du/ac Low‐density single family
residential uses
585.29 1,170
Medium Density 2.1 ‐ 4 du/ac Medium‐density single family residential uses
1,032.95 4,131
High Density 4.1 ‐ 6 du/ac High‐density single family
residential uses
411.04 2,466
TOTAL Total 7,767
Additional
Dwelling Units
(ADUs and
JADUs)
Not applicable
Permitted by‐right on any
residentially zoned lot
2,029 5,023 ADUs
5,023
JADUs
Residential
Units in C‐1
Zone

8.7 du/ac Residential uses at a density of one
residential unit per 5,000 SF of land
area, with Conditional Use Permit

36.14 314
Source:  City of San Marino, 2021

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Hypothetically, a total of 7,767 dwelling units could be accommodated within the existing City limits, based on build-out of all residentially designated acreage at the maximum of the density range. Because of lot configurations, however, the City is considered built-out at its current 5,023 dwelling units. The amount of single-family housing stock within the City is not expected to increase beyond the stated maximum build-out of the General Plan. Future growth could only be realized through the provision of ADUs, JADUs, and live-work developments unless new programs are developed.

Density
Density is a critical factor in the development of affordable housing. Maintaining low densities typically increases housing costs per unit, while higher densities lower the per unit land cost and.

This situation is amplified in San Marino: the land share of property values is nearly 70 percent and the 2019 standardized value for a quarter-acre lot was $1,673,700, making San Marino the 3rd most expensive zip code in the SCAG region and the 34th most expensive in the nation (Table 17). San Marino’s current highest allowable density is 6.0 dwelling units per acre in residential areas, and about 8.7 units per acre in commercial areas. No multi-family is currently allowed. The City’s founding vision of San Marino as a high quality, low density residential community, together with the fact that it was essentially built out by 1970, has helped to drive up the land costs and results in a market cost for housing in the City that is well beyond the reach of median- or moderate-income households. As reflected in the census data, this has resulted in a sharp decrease of population in the 20-40 age brackets because first-time homebuyers cannot afford San Marino. There are currently no residential designations in the City which permit the density of development that will accommodate multi-family housing that might be affordable to Very Lowand Low-income households and rezoning to allow the City’s default density of 20 units per acre will be required.

Zoning
Zoning, which must be consistent with the General Plan, establishes more specific development standards, allowable uses, and limitations. Zoning regulations control development by establishing requirements related to height, density, lot area, yard setbacks, and minimum parking spaces. Site development standards are comparable to other community requirements and ensure a quality living environment for all household groups in the City. Design standards such as roofing materials, architectural enhancements, and landscaping may also increase the costs of housing. The City's perspective is that all housing should meet the same fundamental high quality design standards.

The City of San Marino's Zoning Code currently contains eight residential zone district classifications within the Residential R-1 Zone that accommodate a range of densities and lot size requirements from 60,000 square feet to 9,000 square feet per unit, as shown in Table 19.

Additionally, residential units may be allowed in the C-1 Zone with a CUP (Conditional Use Permit) and a requirement for 5,000 square feet of land area per residential unit, resulting in allowable densities of 8.7 units per acre.

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Table 19: Development Standards ‐ City of San Marino
Zone
Permitted
Uses
Minimum
Lot Area
Maximum
Height
Front
Setback
Interior
Setback
Rear
Setback
Minimum
Avg. Width
of Lot
Minimum
Street
Frontage
R1 – IE
Single‐
family
dwellings
60,000 35 ft. 40 ft. 20 ft. 40 ft. 125 ft. 100 ft.

R1‐ I
Single‐
family
dwellings
30,000 35 ft. 40 ft. 20 ft. 40 ft. 125 ft. 100 ft.

R1 ‐ II
Single‐
family
dwellings
20,000 35 ft. 40 ft.   12 ft. 40 ft. 100 ft. 80 ft.

R1‐ III
Single‐
family
dwellings
17,000 30 ft. 40 ft. 12 ft. 40 ft. 100 ft. 80 ft.

R1 – IV
Single‐
family
dwellings
15,000 30 ft. 35 ft. 10 ft. 35 ft. 85 ft. 70 ft.

R1 – V
Single‐
family
dwellings
12,000 30 ft. 30 ft. 8 ft. 30 ft. 80 ft. 70 ft.

R1 – VI
Single‐
family
dwellings
10,000 30 ft. 25 ft. 5 ft.   25 ft. 70 ft. 60 ft.

R1 – VII
Single‐
family
dwellings
9,000 30 ft. 25 ft. 5 ft. 25 ft. 60 ft. 60 ft.

C‐1
Single‐
family
dwellings
with CUP
5,000 30 ft. 25 ft.
8 ft. for single‐
story
buildings
18 ft. for
multi‐story
buildings
20 ft.  ‐  60 ft.

Source: City of San Marino, 2021
Parking Requirements
Parking requirements in San Marino are typical for a city of its size and character, as shown in Table 20. The number of parking spaces required for a single-family unit is related to number of bedrooms. These characteristics do not constrain the development of housing directly, although a greater amount of acreage is required for meeting parking requirements as the number of bedrooms increase.

For residential uses within a Commercial Zone, the parking requirements will be determined by the Planning Commission, based upon either the requirements for the most comparable use

San Marino - HCD Draft Housing Element October 29, 2021

specified in the Zoning Code, or upon a special study of parking requirements for that use. The City does have joint use provisions subject to approval of a CUP. The requirements for parking do not directly constrain the development of housing for single-family or live-work uses. As zoning changes are made to allow more residential units in commercial areas and to allow multi-family housing, new parking requirements will need to be adopted consistent with state laws.

Table 20: Residential Parking Requirements
Type of Residential Development Required Parking Spaces1 Comments Single Family Residential
1 – 4 bedrooms 2 spaces
5 – 6 bedrooms 3 spaces
7 and above bedrooms 4 spaces
Plus one space per every 2
additional bedrooms
ADU 1 space2
JADU None
Residential Units in the C‐1 Zone Not Specified
To be determined by special
parking study or application of
requirements for a similar use 1 All required spaces must be within an enclosed garage; carports are prohibited. 2Off‐street; not subject to enclosed garage requirement Source:  City of San Marino, 2021
Density Bonus Law
In general, this state law provides developers with density bonuses or other incentives in exchange for the provision of affordable housing which meets certain requirements. San Marino does not currently have its own density bonus ordinance and will comply with the provisions of the State Density Bonus law when or if such a project arises. Given that there is no subdividable land and no multi-family housing in San Marino, the City has not yet received an application for a project that would be subject to these laws. The City will review its existing provisions to ensure consistency with the revised density bonus programs under state law.

Provisions for a Variety of Housing Types
San Marino has expanded its opportunities for different types of housing since the previous planning cycle. A table showing the Zone Districts where housing is allowed is include below:

Table 21: San Marino Zones where Housing is Allowed
Zone District Permitted Residential Uses Residential Uses Subject to Use Permit C‐1 Emergency shelters.   Projects with up to 1 residential unit for each 5,000 SF of lot area.

Historical and
Cultural Zone
Housing for employees of on‐site uses Replacement or new residential structure (unless damaged or
destroyed by natural disasters)

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R‐1 zones Single family homes; accessory dwelling
units; junior accessory dwelling units.

None.

Source: City of San Marino, 2021
A. Accessory Dwelling Units
In response to state mandated requirements and local needs, the City of San Marino allows for the development of Accessory Dwelling Units (ADUs). The City strives to ensure the availability of affordable housing for family members, students, and the elderly, among others, while mitigating impacts to traffic, utilities, public health and safety, and preserving the character of residential neighborhoods. ADUs and JADUs are permitted on single family residential lots without discretionary approval. Any application for an ADU that meets the location and development standards contained in City Code Section 23.02.25(G) is approved following a ministerial review for compliance, and within sixty (60) days after submission of a complete application.

The Zoning Code requires:
 The ADU/JADU may be located only on residentially zoned lots;  One ADU may be constructed on a lot zoned to allow residential use;  One JADU may be constructed on a lot zoned to allow residential use;  One JADU and one ADU may be constructed on a single-family residential lot where the JADU and ADU meet the requirements in Government Code Section 65852.2(e);  For safety purposes, new ADUs and JADUs may only be located on a residential lot that has:
o At least a 10-foot-wide fire lane within 150 feet of the subject property; and o A minimum fire flow of 1,000 gallons per minute.
 This restriction shall not apply to ADUs and JADUs that are exempt from planning review;
 The ADU/JADU shall not be sold separately from the primary residence;  If the ADU/JADU is rented, it shall not be rented for a period of less than 90 consecutive days;
 Owner-occupancy is required for parcels with a JADU;
 The ADU/JADU shall be restricted to the Livable Area approved at the time of the building permit issuance; and
 The ADU/JADU may not have utility services separate from those of the main residential structure on the same property.

ADU Development Standards:
 ADUs are limited to a maximum of two bedrooms.
 Studio and one-bedroom ADUs shall not exceed 850 square feet of Livable Area.

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 Two Bedroom ADUs shall no exceed 1,000 square feet of Livable Area.  A Detached ADU shall not exceed 1000 square feet of Livable Area and shall not exceed one story or sixteen feet (16’) in height.
 An ADU shall include a kitchen for cooking and eating and other permanent provisions for living and sleeping, including a closet or other reasonable storage area.  Exterior lighting shall be shielded or directed so that it does not glare off-site or illuminate the primary residence or any adjacent property.  Windows shall be located to avoid direct line of sign to windows of adjacent properties.  An ADU shall have a separate exterior access and to the greatest extent feasible, shall not be visible from the street.
 Any common wall separating the accessory dwelling unit from the main building shall be soundproofed.
 A permanent foundation shall be required for all ADUs.  One off-street parking space shall be provided for each ADU except when:
o The ADU is located within a one-half mile walking distance of Public Transit. o The ADU is entirely within a proposed or existing primary dwelling or other existing structure.
o The ADU is located within an historic district.
 The design of the second unit shall be consistent with that of the main building; and  The ADU must be served by its own parking space.
 An ADU may not have separate utility services.

JADU Development standards:
 The Owner of a parcel proposed for a JADU shall occupy as a principal residence either the Single-Family Dwelling Unit or the JADU. Owner-occupancy shall not be required if the Owner is another governmental agency, land trust, or housing organization.  The JADU shall be a minimum of 150 square feet and a maximum of 500 square feet of Livable Area.
 The JADU must be contained entirely within the walls of the existing or proposed Single Family Dwelling Unit.
 The JADU shall include an efficiency kitchen.
 The JADU shall have a separate entry from the main entrance to the Single-Family Dwelling.
 An interior entry to the main living area shall be provided to serv a JADU.  No additional parking is required for a JADU.

B. Manufactured Housing
The City has allowed manufactured, prefabricated, and mobile home construction in its R-1 Zone since 1996. No manufactured housing currently exists in the City. It is subject to the

San Marino - HCD Draft Housing Element October 29, 2021

same development standards as otherwise required for that zone. Certain additional requirements are included in the City Code:
 Minimum Dimensions: Thirty feet (30') (excluding garage).  Roof: Pressure treated, fire retardant wood shake or shingle, 300# or heavier composition shingle, clay or cement tile, rock, or gravel; shaped, rolled, or reflective roofs are prohibited.
 Eaves: Minimum sixteen-inch (16") eave protection unless otherwise approved by the Commission.
 Exterior Wall Treatment:
o Permitted Materials: Wood siding, stucco, brick or as approved by the Commission.
o Color: Natural earth tones, white, with complementary trim color. o Prohibited Materials: No reflective, glossy, polished, roll-formed, stamped, extruded, plastic, PVC or similar type of materials shall be used for roofing or siding.
 Foundation Required: All manufactured homes shall be installed on a foundation system, pursuant to section 18551 of the California Health and Safety Code, and no more than ten (10) years shall have elapsed between the date of manufacture of the home and the date of the application for issuance of a permit to install the manufactured home in the City.
 Design Review: Such manufactured homes shall meet all other requirements of this Code and are subject to design review.

C. Emergency Shelters
In accordance with State Law and as set forth in City Code 23.03.01(I) (1-9), Emergency shelters are permitted in the C-1 Zone. Emergency shelters must comply with the following standards in addition to the development requirements and other requirements generally applicable in the C-1 Zone:
 Maximum number of persons to be served on any given night shall not exceed ten (10).
 A minimum distance of three hundred feet (300’) shall be maintained from any other emergency shelter.
 The maximum stay at the facility shall not exceed ninety (90) days in a three hundred and sixty-five (365) day period.
 On site client waiting and intake areas shall be located inside the building.  A minimum of one manager, in addition to security personnel, shall be on duty and remain on site during intake hours.
 Security personnel shall be provided on site at all times.

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 Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of The Code. Exterior lighting shall be stationary and shall be directed away from adjacent properties and public rights of way.  A minimum of one parking space for every five (5) beds, or one parking space for each bedroom designated for families with children, plus one parking space for each employee/volunteer on duty during the largest shift, shall be maintained.  Hours of operation for client intake and discharge shall comply with The Code.

D. Transitional Housing and Supportive Housing
Changes were made to the City Code in 2021 to specify that transitional, supportive, and employee housing types are considered permitted uses in all Districts that allow residential uses, subject only to the same standards as other residential uses in the same District.

E. Residential Care Facility
Licensed residential care facilities are state licensed facilities maintained and operated to provide non-medical residential care, day treatment, or foster agency services for six or fewer adults, children, or adults and children. State law requires that these facilities be treated as a single housekeeping unit for zoning purposes. Licensed residential care facilities are permitted in the R-1 Zone in accordance with state law. The City currently has at least one residential care facility in the R-1 Zone.

F. SRO (Single Room Occupancy) Housing
While the City of San Marino does not specifically address this use within the zoning code. the C-1 Commercial Zone allows residential uses with the issuance of a conditional use permit.

The Code currently allows one residential unit per 5,000 square feet of land. Market conditions and the relatively small size of C-1 zoned parcels are the likely factors as to why higher density housing has not been pursued in the City.

G. Farmworker Housing/Employee Housing
Statewide, farmworker housing is of unique concern and importance. While only a small number of SCAG jurisdictions have farmworkers living in them, they are essential to the region’s economy and its food supply. According to the United States Department of Agriculture (USDA), more than 80 percent of hired crop farmworkers are not migrant workers but are considered settled and work farm(s) within 75 miles of their residences. This share is up significantly from 41 percent in 1996-1998, reflecting a fundamental change in the nature of the crop farming workforce. The majority of farmworkers in California reside in metropolitan areas, where the average hourly wage of $16.05 puts them in the extremely-low to very-low income category (between 30-50 percent of the area median income).

According to the United Stated Department of Agriculture, the average age of the agricultural workforce has risen significantly in the last few years and now stands at 41.6 years. A growing percentage (26.1%) are women. While the median farm size in Los Angeles County is only four acres, there are 25 “large” farms of 500 acres or more that rely on farmworkers (2017 County summary highlights, USDA). Most of the large farms in Los Angeles County are located

San Marino - HCD Draft Housing Element October 29, 2021

in or near the Palmdale-Lancaster area, and not near San Marino. (California Important Farmland: 2016, CA DOC. Lands identified here are indicated as being used for agriculture in the last four years in the Farmlands Mapping and Monitoring Program.) The 2014 – 2018 ACS indicated that no farmworkers live in San Marino, and there is no nearby farmland that would indicate a need for farmworker housing in San Marino. If employee housing were to be proposed under the Employee Housing Act, it would be allowed as a residential use so long as the program was licensed and administered by HCD.

Building Codes and Enforcement
A variety of building and safety codes, while adopted for purposes of preserving public health and safety, and ensuring the construction of safe and decent housing, have the potential to increase the cost of housing construction or maintenance.

The City of San Marino has adopted the California Building Code, 2019 edition, based on the 2018 International Building Code as published by the International Code Council. The Codes are based on regulations necessary to protect the public health, safety, and welfare. The Building Codes and related amendments do not seem to impede the development of housing. Many newer requirements such as fire safety systems and green building requirements had been implemented by residents prior to being required.

Code enforcement is conducted by way of Code Enforcement Officers patrolling the City and investigating complaints received. The main issue that Code Enforcement addresses is construction or remodeling without permits. Very rarely are substandard housing conditions or other health and safety issues identified. The City’s older housing stock is very well maintained.

Housing for People with Disabilities
Americans with Disabilities Act
Americans with Disabilities Act (ADA) provisions include requirements for a minimum percentage of units in new multi-family developments to be fully accessible to the physically disabled.

Development of fully accessible units may also increase the overall project costs. Enforcement of ADA requirements is not at the discretion of the City but is mandated under federal law. The provisions of the ADA applicable to residential uses would apply only to multi-family developments and any residential components of a live-work project in a Commercial Zone.

Compliance with building codes and the ADA may increase the cost of housing production.

However, these regulations provide minimum standards that must be followed to ensure the development of safe and accessible housing. Therefore, the local enforcement of these codes does not significantly constrain the development of housing.

Accessible Development
The City has seen an increase in projects such as handicapped accessible bathrooms, elevators, and first floor master suites. These items are treated in the same manner as any other project in

San Marino - HCD Draft Housing Element October 29, 2021

terms of fees, permitting, and processing. Residential Care Facilities are also treated in the same manner as a single-family home. There is no additional hindrance on the development of housing for the disabled. No distance requirements have been adopted.

The City’s aging population, which includes residents with disabilities related to vision and mobility, will need to be accommodated within this eight-year planning period. The City should consider adopting a Universal Design program and applying it to new and remodeled dwellings to ensure that residents can age in place and that homes are designed for all stages of life.

Reasonable Accommodation
The City has also adopted a reasonable accommodation ordinance. Under the ADA, cities must reasonably modify policies when necessary to avoid discrimination because of disability, unless they can show that the modifications “would fundamentally alter the nature of the service, program or activity.” (28 Code of Federal Regulations 35.130(b)(7).) In general, the law states that local agencies retain their ability to regulate land uses and to apply neutral, nondiscriminatory regulations, but are required to make accommodations to allow persons with disabilities an equal opportunity to use and enjoy housing in the community. The City’s reasonable accommodation ordinance establishes a process for considering these types of accommodations and provides findings that must be met for an application to be approved as a reasonable accommodation. This process makes it easier for a resident to obtain approval for an accommodation, such as a wheelchair ramp or front yard parking space, that may not otherwise meet the Code requirements. Two reasonable accommodations have been requested and both have been granted within a reasonable time frame.

The City’s Zoning Code defines “family” as “an immediate family related by blood, marriage or adoption, or a group of individuals who are unrelated and live together as a single housekeeping unit in a dwelling unit. This shall not include an individual paying rent to a landlord for the purpose of temporarily residing in a dwelling unit.” This definition is inclusive of all types of households and does not serve to constrain housing for persons with disabilities.

Development and Permitting Fees
Various fees and assessments are charged by the City and other agencies to cover the cost of processing development permits and providing local services. These fees help ensure quality development and the provision of adequate public services. The City is legally required to set permit and development fees in amounts that are no more than equal the cost of providing services associated with these fees. The City recently conducted a comprehensive fee study to ensure the cost of providing the services was consistent with the required fee for those services.

San Marino is a largely developed, suburban jurisdiction with most of its necessary infrastructure such as streets, electrical, sewer and water facilities in place. Aside from fees collected to offset public school impacts and General Plan maintenance, the City does not require impact fees to make the necessary land improvements to accommodate development. The City does not maintain a different fee schedule for single family or multi-family units.

Development and permitting fees are not believed to be a constraint to housing development in the City. In fact, based on informal input from local contractors, San Marino has reasonable permit

San Marino - HCD Draft Housing Element October 29, 2021

fees that are lower than other surrounding cities. Table 22 displays the San Marino Community Development Department Fee Schedule. This is a comprehensive list of fees. The City does not charge any development impact fees. School fees are required per State law. Average fees per single-family dwelling are displayed in Table 23Table 23Table 23Table 23; these fees are generally lower than all surrounding jurisdictions.

Table 22: Community Development Department Fee Schedule Item/Permit Type Base Fee Basis for Valuation/Square Foot Cost Planning Fees
Design Review Committee
‐ Major
‐ Minor
$865
$285
N/A
Variance Application
Minor Variance
Major Variance
Creation of 300‐foot Radius
Ownership List
Minor Exception
$1,260
$2,450
$65
$145
N/A
Conditional Use Permit Application
Minor CUP
Major CUP
Creation of 300‐foot Radius
Ownership List
$1,420
$3,165
$65
N/A
Subdivisions or Lot‐Splits $2,175 + $2,000
deposit
N/A
Rezone or Boundary Change $5,000 deposit +
hourly costs
N/A
Lot Line Adjustment $295 + $2,000 deposit N/A
Modification to Variance or
Conditional Use Permit
$955 N/A
Appeals
To Planning Commission
To City Council
$805
$805
N/A
Negative Declaration Fee $830 N/A
Inspection Fees
Residential Compliance Inspection
Reports
$65 N/A
Special Inspections $160 each N/A
Certificate of Use and Occupancy $95 each N/A

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Permits, Plan Check, & School Facility
Fees
Building Permit – Dwellings
Processing
Microfilming
Based on square
footage/ valuation of
work
$28.70
$3.00
Type V Wood Frame Additions or
Alterations ‐ $125.00/sq. ft.

Basements ‐ $83/sq. ft.

Garages ‐ $36.00/sq. ft.

Patio Covers ‐ $36.00/sq. ft.

Block Walls ‐ $11.00 ‐ 13
.00/sq. ft., depending on height.

Electrical Permit
Processing
Microfilming
Other Fees
$28.70
$3.00
Per electrical permit
schedule
Per fixture charge
Mechanical Permit
Processing
Microfilming
Other Fees
$28.70
$3.00
Per mechanical permit
schedule
Per fixture charge
Plumbing Permit
Processing
Microfilming
Other Fees
$28.70
$3.00
Per plumbing permit
schedule
Per fixture charge
Swimming Pool or Spa
Processing
Microfilming
$28.70
$3.00
Swimming Pool ‐ $120.00 each
Spa ‐ $60.00 each
Plan Check Fee Based on valuation of
work
N/A
Grading
Plan Check
Permit
Hourly rate from
consultant
Based on valuation
N/A
Solar Panel System $500 Flat fee (permit and plan check) School Facility Fees (applies only to
increase in square footage of 500 sq.
ft. or more)
$3.79/sq. ft. for
projects over
500 sq. ft.

N/A
Education Fee 3% of building permit
cost
N/A
General Plan Maintenance Fee 7% of building permit
cost
N/A
Source: City of San Marino, 2021

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Table 23: Average Plan Check and Permit Fees for a New House Fee Average Fees for a New Single‐Family House
Plan Check (Building) $4,319
Plan Check (Planning) $200
Grading (Plan Check and Permit) $757.44
Demo $191.69
Building Permit $4,280.23
Mechanical Permit $298.11
Electrical Permit $249.46
Plumbing Permit $385.44
Fire Sprinkler (Plan Check and Permit) $473.25
Fire Alarm (Plan Check and Permit) $531.96
School Fees   $5286.13
TOTAL   $16,973.26
Source: City of San Marino, 2021
Compared to new houses, Accessory Dwelling Units have lower development costs because they take advantage of already-existing infrastructure and can also be created within an existing structure. Instead of calculating average costs, a typical one-bedroom ADU of 600 square feet was considered for the fees in Table 24Table 24Table 24Table 24 below. Junior Accessory Dwelling Units (JADUs) have no development or school fees.

Table 24: Average Plan Check and Permit Fees for Accessory Dwelling Unit Fee Approximate fees for a new ADU
Plan Check (Building) $818.75
Plan Check (Planning) $200
Building Permit $966.56
Mechanical Permit $84.50
Electrical Permit $47.00
Plumbing Permit $89
Fire Sprinkler (Plan Check and Permit) $473.25
Fire Alarm (Plan Check and Permit) $531.96
School Fees   $1,920
TOTAL   $5,131.02
Source: City of San Marino, 2021
These appear to be reasonable fees given the scope of work for projects in San Marino.

Development fees do not seem to impede development in San Marino. The much larger cost involved in developing homes is the high cost of land in San Marino. Because the land cost is removed from the cost of an ADU or JADU on a parcel with an existing home, these housing types have the best potential to be constructed and rented within an affordable range.

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Local Processing and Permit Procedures
The City of San Marino's development approval process is designed to accommodate and not hinder development. Other than legally required public hearing notice and environmental review periods, developers and property owners are not hindered by “down time” in application processing. All new homes require Design Review Committee approval, which is a public hearing process. This helps ensure that new homes are compatible with the neighborhood and do not negatively impact the neighbors. The City has Residential and Commercial Design Guidelines which encourage the use of certain design features and materials. The Guidelines are not requirements but assist applicants in designing a project that will move more quickly through the approval process. The Design Review Committee also holds “open forum” sessions where applicants can get informal, preliminary feedback on a design, which will also help facilitate the approval process.

The design review process consists of the applicant filing an application, processing fee ($865) and one set of plans. Staff then reviews the proposal and responds with a letter indicating any code issues or design concerns that should be addressed. After the applicant addresses the comment letter, they submit eight sets of plans which are distributed to the Design Review Committee for their review. The applicant must also present their plans to their neighbors as part of this process. The Code dictates that the notified neighbors must include two neighbors on each side of the subject property; all properties adjoining the rear of the subject property and one on either side of those properties; and the properties across from the subject property and one on either side of those properties. This usually comprises about 10-12 neighbors depending on how the lots are arranged. This is primarily to make sure neighbors are aware of the proposed project and to give them an opportunity to ask questions or provide comments. Even if all neighbors approve of or object to the project, it would still proceed to the Design Review Committee for their review. Once the eight sets of revised plans are submitted and the neighbor notification process is completed, staff assigns the project to the next available agenda and notices the project for a public hearing. This process typically takes about 8 weeks (about 2 months) in total. Once the project is approved, the applicant could submit for building plan check after the 15-day appeal period has expired (Source: City of San Marino, 2021).

The City has adopted Residential Design Guidelines to guide residents as well as review by the DRC (Design Review Committee). The purpose of these design guidelines is to provide a clear and concise summary of the City’s design policies for projects within the City’s residential neighborhoods. The guidelines address neighborhood compatibility, site development, physical design components, and landscaping.

Certain projects that exceed Code allowances or otherwise require an additional level of review will require either a Variance or Conditional Use Permit (CUP). These applications are heard by the Planning Commission. If the project also requires Design Review, the Planning Commission will review both actions. City staff tries to work with applicants ahead of time to determine the feasibility of their proposed project. Staff tries to guide applicants toward a solution that has the best chances of approval. Depending on the complexity of the project, initial Community Development Department review for new construction requiring Design Review Committee (DRC)

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or Planning Commission review averages approximately three to four weeks. Table 25Table 25Table 25Table 25 illustrates the approximate local processing times for developments in San Marino.

Table 25: Local Development Processing Time
Item Approximate Length of Time from Submittal
to Public Hearing
Conditional Use Permit 45‐90 days
Design Review 30‐90 days
Tentative Tract Map/Parcel Map/Subdivision 45‐90 days
Variance 45‐90 days
Zoning Amendments or Zone Change 45‐90 days
General Plan Amendment 45‐90 days
Environmental Initial Study 60 days
Source: City of San Marino, 2021
Table 25Table 25Table 25Table 25 identifies the approximate time from submittal to the initial public hearing. Since projects may require more than one hearing before the Planning Commission or DRC, it is also important to consider the length of time between submittal and approval or denial. For 2021, City staff reviewed the total amount of time it took for a project to go from the initial submittal by the applicant to an approval or denial from the DRC or Planning Commission. Staff found that the average time to process a variance application was 56 days, the average time to process a CUP application was 61 days, and the average time to process a DRC application was 68 days. These time frames include the time that the applicant spends correcting or changing plans at the direction of staff or the approving body, as well as multiple hearings, if necessary.

Once projects have completed the public hearing process, or once staff determines the project does not require a hearing, the applicant may submit for building plan check. The City of San Marino contracts with an outside plan checker for this service. Once the plans are structurally approved, they are reviewed by both the Planning and Fire Departments. Informal conversations with some architects indicate that the City processes plans within a reasonable time frame; however, other architects and some public input has indicated that the time to get a new home approved is extensive even if the design guidelines are followed. Establishing a set of objective design and development standards will be important to overcome any delays and to allow ministerial processing of residential permits where required by law.

Historic Preservation
The City of San Marino is dedicated to preserving its Historical Resources. The City administers its own designation program for historic landmarks within the City. These resources are governed at the local level by Chapter 23.18 of the San Marino Municipal Code. While designated historic properties have additional requirements for development or redevelopment, these do not pose as a significant constraint because there are only eleven designated historic properties identified

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within the City. However, in the 2020 Citywide Historic Resources Survey Report, field surveyors identified a total of 286 resources that appear eligible for listing as a City of San Marino Historic Landmark, and several historic districts were named by the City.

Environmental and Infrastructure Constraints
Environmental Constraints
Environmental hazards affecting housing units include geologic and seismic conditions that provide the greatest threat to the built environment. The City has identified areas where land development should be carefully controlled. The following hazards may impact future development of residential units in the City:
 Seismic Hazards: The City regulates the construction of new habitable structures within the identified hazard areas, shown in Figure 18Figure 18Figure 18Figure 18, through the requirement of setbacks and construction standards in accordance with State law. Design and construction requirements related to seismic hazards are based on hazard mapping and Seismic Design Categories. The San Marino Municipal Code provides requirements and regulations for different Seismic Design Categories. These building requirements are likely to increase costs of housing development but are necessary to mitigate risks and minimize loss of life and property associated with these hazards. (Source: CGS Earthquake Zones of Required Investigation Map)  Flooding: The City is at minimal risk for flooding; however, three specific flood areas have been identified which are susceptible to localized flooding in an intense storm period.

Figure 1818: Fault, Liquefaction and Landslide Zones Map

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No major water courses traverse the City. There is no threat of water damage from either a seiche or a tsunami condition.
 Dust and High Wind Hazards: This condition results in property damage from high winds, wind tunneling and channeling effects of buildings, soil erosion, and unpleasant living conditions. San Marino has experienced isolated high wind events in the past, prompting the City and homeowners to consider high wind hazards. For example, properly maintained trees are an important factor in reducing property damage during wind events.  Toxic and Hazardous Wastes: In San Marino, air pollution is the main area of concern relative to toxic substances. Major point sources of air pollution come from the variety of industrial uses throughout the region. The primary source, however, is automobile traffic.  Fire Hazards: There are no fire hazard severity zones within San Marino as identified by CAL FIRE. However, the City has established its own locally designated Very High Fire Hazard Severity Zone (VHFHSZ) with more stringent fire-safe building requirements.

These requirements affect the Estate Residential zone in the northwest area of the City, shown in Figure 20Figure 20Figure 20Figure 20, which has increased fire risk due to its hilly topography, vegetation, and the presence of wood shake shingle roofs. The City has adopted the 2019 California Fire Code, which addresses requirements for fire sprinklers and fire alarms in residential buildings as well as brush clearance for homes in the locally designated VHFHSZ. These building requirements are likely to increase costs of housing development but are necessary to mitigate risks and minimize loss of life and property associated with these hazards. Furthermore, these hazards should be considered when making changes to residential density in the City, to avoid placing more homes at increased risk due to fire hazards.

Figure 1919: CAL FIRE Fire Hazard Severity Zone Map
Source: CAL FIRE

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Figure 2020: City of San Marino Enhanced Fire Inspection Zone Map

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Source: City of San Marino Local Hazard Mitigation Plan, 2019  Noise: Residential uses are considered a noise-sensitive use rather than a noisegenerating use and are the most sensitive to loud noise. The principal noise sources in San Marino generate from local traffic, and noise measurement taken in 2021 indicate that traffic noise levels have not increased over the last ten years. Noise is not considered a significant problem in the City. Title 24 of the California Code of Regulations establishes an interior noise standard of 45 dB(A) as suitable for residential spaces; this can typically be achieved through standard construction methods.

Infrastructure Constraints
San Marino is a fully developed city and there are very few on or off-site improvements that are required as part of the development of housing. Most housing construction involves the demolition of an existing housing unit and the construction of a replacement unit, meaning all infrastructure is already in place. As part of the building permit process, the City will occasionally require the provision of on-site and off-site improvements necessitated by the development, such as improvements to curbs and gutters, alleys, streets, sidewalks, streetlights, and utility undergrounding. The cost of such improvements may increase the cost of development, which would ultimately be passed through to future tenants or owners. While these costs may not render a project infeasible, they contribute to the range of factors that affect the affordability of a project.
 Energy: Compliance with Title 24 of the California Administrative Code on the use of energy efficient appliances and insulation has reduced energy demand stemming from new residential development. Title 24, Part 6, California Energy Efficiency Standards, is a set of requirements for energy conservation, green design, construction maintenance, safety, and accessibility. Title 24 was published by the California Building Standards Code and applies to all buildings in California, not just state-owned buildings and requires all residential construction to meet minimum energy conservation standards through either a prescriptive or performance-based approach. The former approach requires each individual component of a building to meet an identified minimum energy requirement.

The performance approach, on the other hand, allows developers to choose a range of measures which, in total, meet specified energy conservation targets. Title 24 regulations and requirements are enforced when an applicant pulls a building permit for a proposed project and have plans reviewed or a building inspected.

In addition to Title 24, all residential projects are required to meet state building codes, which also include energy conservation standards. The California Building Standards Commission adopted the California Building Codes based on model codes produced by various professional organizations.

Promoting energy conservation has become a consistent theme in regulations, green building practices, and general business operations. For San Marino, opportunities flourish to promote energy-efficient practices in the siting, design, construction, and renovation of housing stock. These practices not only respond to regulatory requirements, but also can

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generate significant community, environmental, and economic benefits and do not constitute constraints on housing development.
 Water: The California America Water Company provides water services for the City of San Marino. Adequate water is available to serve existing and projected residences through 2021 and do not pose a constraint to development. See Section 3.6.1 for additional discussion regarding infrastructure available to support residential development.

4.5 FAIR HOUSING ANALYSIS

4.5.1 Summary of Fair Housing Issues
Assembly Bill 686 (Affirmatively Furthering Fair Housing, or AFFH) was adopted into law in 2018 and became effective on January 1, 2019. The law requires state and local agencies to take proactive measures to correct any housing inequalities related to race, national origin, color, ancestry, sex, marital status, disability, religion, or other protected characteristics. Agencies must ensure that their laws and programs affirmatively further fair housing, and that they take no actions that do not do so.

Under State law, affirmatively furthering fair housing, or AFFH, means “taking meaningful actions, in addition to combatting discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” Agencies must include in their Housing Elements a program that promotes fair housing opportunities for all persons. In the context of a community’s housing needs, AFFH is not just about the number of units needed, but also about where the units are located and who has access to them. AB 686 makes certain requirements for the analysis of fair housing issues; this analysis is contained in Section 4 along with a history of San Marino and its past practices of allowing only single-family homes.

As HCD guidance for fair housing assessments was released after the first administrative draft of the Housing Element Update was complete, this section of the housing element was updated and distributed separately for stakeholder input and public outreach. At the time of this draft, HCD guidance was to provide analysis in five different subsections: enforcement and outreach capacity, segregation and integration patterns and trends, disparities in access to opportunity, disproportionate housing needs, and areas of concentration in poverty and affluence across racial and ethnic groups. This analysis and the related data are provided in Section 4 and summarized here.

San Marino is more racially diverse than the average U.S. city. While there is a somewhat greater White population in the northwestern part of the City and a slightly greater Asian population in the southeastern part of the City, there are no areas of ethnic or economic concentration. Median incomes are high and fairly stable throughout the City, as is the racial mix of its citizens. While there are a considerable number of lower-income senior households in San Marino, most (89.2%) own their homes and are not concentrated in any area or neighborhood. It is a well-integrated community, and the entire City is designated as an Area of Opportunity. This designation is based

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on the consideration of factors affecting the quality of life and health outcomes including educational enrollment and attainment; employment rates; lack of overcrowding in housing or overpayment for housing costs; transportation costs; and environmental health. However, the City is notably more expensive than the surrounding areas, with median gross rents above $3000 per month and most mortgages above $4000 per month. Although median household incomes in San Marino are high compared to the surrounding areas, even moderate- and middle-income households cannot afford a home in San Marino where the median sales price exceeds $2 million.

San Marino currently lacks homes for these households, which include young families and firsttime homebuyers, which perpetuates exclusivity and can lead to inequity.

San Marino’s rich and varied past spans multiple eras of California history and is associated with cultural and social themes that were definitive in the history of Los Angeles County and Southern California. Since its 1913 incorporation, “the City envisioned itself as a residential enclave for people of means, with zoning that ensured minimal commercial development and no industry or multi-family residences” (Source: San Marino Historic Resources Survey Report, October 2020).

To ensure that property valuation would remain high, developers established expensive minimum home building costs, and racially restrictive covenants were incorporated into home deed sales – a practice that was common throughout Southern California and much of the country in the 1920s. These practices, coupled with the formation of the national Homeowner’s Loan Corporation (HOLC) in 1933 and passage of the National Housing Act (NHA), established systemic redlining practices throughout the Los Angeles region, including in San Marino, leading to the physical development pattern and single-family feel that is still experienced throughout the City today. Although redlining classifications practices were made illegal by the Fair Housing Act of 1968, single-family zoning is still considered exclusionary as it prohibits the development of the kind of housing that is typically more affordable to lower-income households.

San Marino is almost entirely residential, with its built environment dominated by detached singlefamily homes constructed primarily between the 1920s and the 1960s. As of 2021, there were no areas zoned for multi-family residences, or for industry/manufacturing. Small areas on Huntington Drive and Mission Street are zoned for commercial use, and the City has recently approved a mixed-use project on a commercial street. While not intending to be exclusionary, San Marino’s past prohibition of anything but single-family homes has had the effect of excluding persons who do not have incomes high enough to live in the City. Because poverty occurs most often with person of color, these practices have resulted in the exclusion of protected classes even though they were not intended to.

AB 686 requires that the City adopt programs to overcome and reverse this pattern of exclusion, and to identify locations for affordable housing through the AFFH lens. To do this, programs are included that change the zoning to allow for all types of housing, including the multi-family apartments and duplexes that have previously been banned in the City. Additionally, the location of potential housing sites to meet the City’s lower-income RHNA is considered through an equity lens, not only by choosing locations in areas throughout the City but also by including to promote the development of duplexes. ADUs, and affordable JADUs in all the City’s exclusive residential neighborhoods. Section 2 includes the policies and programs to reverse exclusionary zoning and to affirmatively further fair housing; Section 3 contains the sites location information and maps.

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4.5.2 Fair Housing Enforcement and Public Outreach
Federal and State Regulations and Enforcement
Federal, state, and local laws make it illegal to discriminate based on a person’s protected class.

At the federal level, the Fair Housing Act prohibits discrimination on the basis of race, color, religion, sex, national origin, familial status, and disability. In California, the Fair Employment and Housing Act (FEHA) and the Unruh Civil Rights Act also make it illegal to discriminate based on marital status, ancestry, sexual orientation, source of income, or any other arbitrary forms of discrimination. Federal and state fair housing law both prohibit intentional housing discrimination and prohibit any actions or policies which may have a discriminatory effect on a protected group of people. Examples of policies or practices with discriminatory effects include exclusionary zoning and land use policies, mortgage lending and insurance practices, and residential rules that may indirectly inhibit religious or cultural expression. Both the state and the federal government have structures in place to process and investigate fair housing complaints. In California, the Department of Fair Employment and Housing (DFEH) maintains the authority to investigate complaints of discrimination related to employment, housing, public accommodations and hate violence. The agency processes complaints online, over the phone and by mail. At a federal level, HUD also processes, investigates, and enforces any complaints in violation of the Federal Fair Housing Act.

Fair Housing Education and Enforcement at a Local Level The City has a robust Code Enforcement policy, but it is not relevant to Fair Housing as it is mainly focused on Code violations pertaining to the erection, construction, reconstruction, moving, conversion, and alteration of buildings.

Fair Housing Complaints
According to data from HUD, there have been zero Fair Housing and Equal Opportunity complaints in the City.

Public Housing
The City of San Marino does not currently have any public housing buildings in the City limits.

Likewise, there are no residents receiving housing choice vouchers.

Public Outreach
The 6th cycle Housing Element Update has been undertaken during the COVID-19 global pandemic. Public outreach, which is the cornerstone of the preparation process, had to be adjusted to allow and encourage meaningful public participation and input without the ability to meet or gather in-person. Staff and consultants made use of multiple digital platforms to facilitate the public input. Through community opinion surveys, stakeholder interviews, public workshops, and continued correspondence with advocacy groups, service providers, and developers the City

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has consistently put forth efforts to engage the public during the update process. A complete outline of public outreach efforts can be found in Section 1.4.

Specific public outreach was done around the Fair Housing Analysis, including the distribution of the Draft Fair Housing Analysis to housing service providers and other stakeholders in the region, to ensure the data used accurately represents fair housing issues and integrates local knowledge.

Stakeholder input was considered in the preparation of the Fair Housing Analysis, as well as integrating principles of Affirmatively Furthering Fair Housing (AFFH) into housing policies and programs (found in Section 2) and housing sites (see Section 3), ensuring local concerns are addressed.

Stakeholders participating in AFFH outreach included:
 Abundant Housing Los Angeles;
 Union Station Homeless Services;
 Sycamores Child and Family Service;
 Friends in Deed; and
 Pomona Homeless Outreach.

4.5.3 Local and Regional Patterns and Trends in Segregation and Integration Patterns and Trends
Racial and Ethnic Groups in San Marino
San Marino is racially integrated and becoming more so. As Table 26 shows, its White population is decreasing while the Asian population is increasing. The Black population also increased slightly over the last ten years, while the Hispanic or Latino population and those who identify as two or more races remained stable. This racial and ethnic composition is unusual for communities within Los Angeles County, where the population overall is about 49% Hispanic or Latino, 26% NonHispanic White, about 8% Black and about 15% Asian. San Marino also differs significantly in racial and ethnic composition from nearby communities, as shown in Table 27.

Table 26: Change in Racial and Ethnic Composition (2010 ‐ 2019) Racial/Ethnic Group 2010 2019
White 41.3% 31.5%
Black 0.4% 1.9%
Asian 53.5% 60.5%
Native Hawaiian or Pacific Islander 0.02% 0.20%
American Indian and Alaska Native 0.04% 0.00%
Hispanic or Latino 6.3% 6.3%
Two or More Races 3.1% 3.1%

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Table 27: Comparison of Racial and Ethnic Composition with Nearby Communities To assist in this analysis of integration and segregation, the Department of Housing and Community Development (HCD) and the California Tax Credit Allocation Committee (TCAC) convened the California Fair Housing Task force to “provide research, evidence-based policy recommendations, and other strategic recommendations to HCD and other related state agencies/departments to further the fair housing goals (as defined by HCD).” The taskforce has created Opportunity Maps to identify resource levels across the state to accompany new policies aimed at increasing access to high opportunity areas for families with children in housing financed with Low Income Housing Tax Credits.

The Opportunity Maps measure the level of opportunity of a region, broken down by census tract, by considering levels of poverty or wealth, and degree of segregation. The model identifies indicators which are research based and represent neighborhood conditions, and develops measures which can transform data to represent opportunity. These indicators are assigned to a set of domains (Table 28Table 28Table 28Table 28), such as Education, Economics and Health, which capture the extent of an individual’s life outcomes, quality of life, and capabilities (Source:

Othering and Belonging Institute at UC Berkeley)
According to the Opportunity maps, there are no census tracts or areas of high racial segregation and poverty in San Marino. Regionally, areas with high segregation and poverty are concentrated in the City of Los Angeles, Burbank, San Fernando, and Pasadena.

Table 28: Opportunity Map Domains and Indicators
Domain   Indicator
Economic
Poverty
Adult Education
Employment
Totals exceed 100% because all races can include Hispanic or Latino origin.

Source: 2010 Census; 2019 U.S. Census Bureau Quick Facts Racial/Ethnic Group San Marino Pasadena El Monte Los Angeles County White 31.5% 49.5% 38.8% 52.1%
Black 1.9% 5.8% 0.6% 8.1%
Asian 60.5% 17.4% 28.8% 14.7%
Native Hawaiian or Pacific Islander 0.20% 0.00% 0.8% 0.3% American Indian and Alaska Native 0.00% 0.2% 0.9% 0.8%
Hispanic or Latino 6.3% 6.3% 65.7% 48.6%
Two or More Races 3.1% 5.7% 3.3% 4.1%
Some other Race 2.9% 21.3% 26.9% 19.9%
Totals exceed 100% because all races can include Hispanic or Latino origin.

Source: 2019 U.S. Census Bureau Quick Facts

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Job Proximity
Median Home Value
Environmental
CalEnviroScreen 3.0 Pollution Indicators and Values
Education
Math Proficiency
Reading Proficiency
High School Graduation Rates
Student Poverty Rates
Source: TCAC, 2020
As reflected in Figure 21, there are no concentrated areas of racial or ethnic segregation in San Marino. The area within City limits has a lower population density than most of the surrounding areas; however, this reflects the absence of any density in the 207-acre Huntington Gardens and Library, which comprises almost 10% of the City’s area. San Marino also has relatively little Hispanic or Latino population in comparison with some of the surrounding areas.

Figure 2121: Racial Dot Density Map of San Marino, CA, and Surrounding Areas Source: ACS 5‐Year Estimates (2014‐2019)

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Dissimilarity Index
The “Dissimilarity Index” provides a quantitative measure of segregation in an area, based on the demographic composition of smaller geographic units within that area. One way of understanding the index is that it indicates how evenly two demographic groups are distributed throughout an area: if the composition of both groups in each geographic unit (e.g., Census tract) is the same as in the area as a whole (e.g., county), then the dissimilarity index score for that entire area will be 0. By contrast, and again using Census tracts as an example, if one population is clustered entirely within one Census tract, the dissimilarity index score for that entire area will be 100. The higher the dissimilarity index value, the higher the level of segregation in an area. Table 29 below demonstrates how HUD views various levels of the index. Table 30Table 30Table 30Table 30 is the dissimilarity Index for San Marino and LA County (2010).

Table 29: Dissimilarity Index Definitions
Measure   Values   Description
Dissimilarity Index
[range 0‐100]
<40   Low Segregation
40‐52   Moderate Segregation
>55 High Segregation
Source: Brown University, Diversity and Disparities 2010

Table 30: Ethnic and Racial Composition Dissimilarity Index for San Marino and LA County Ethnic/Racial Composition   San Marino Dissimilarity
Index
LA County Dissimilarity
Index
Non‐Hispanic White   37.1%   27.8%
Non‐Hispanic Black   0.7% 8.9%
Hispanic   6.5% 47.7%
Asian   55.4%   14.9%
Other Races   0.3%   0.7%
Source: Brown University, Diversity and Disparities 2010

The 2010 Dissimilarity Index for San Marino shows higher rates of segregation for the Asian and Non-Hispanic White populations compared to other ethnic/racial populations. Given the small size and the ethnic/racial makeup of the City, this does not reveal any unexpecting findings.

Familial Status
It is important to analyze familial status to identify areas where a City might need to focus resources (i.e., single-parent households, female-headed, large families, and/or elderly persons living alone).

According to the 2019 ACS 5 -Year Estimates, there are no single-parent households with children under 6 years old in San Marino. 67.4% of San Marino’s households consist of married couples

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and the most commonly occurring household size is of two people (40.4%). More than 80% of children in the City live in households with married parents.

Of San Marino’s 4,566 households, only 8.8% were female-headed (compared to 14.3% in the SCAG region); of those, just 3.9% had children at home and none had children under age six.

Notably, over half of the households experiencing poverty in San Marino are female-headed (Figure 22Figure 22Figure 22Figure 22).

Figure 2222: Households by Poverty Status
Source: ACS 5‐Year Estimates (2014‐2019)
At 0.5% the City has a lower share of 7+ person households than the SCAG region overall. The City also has a lower share of single-person households than the SCAG region overall. Of the City’s 12.3% of single-person households, 8.1% are persons aged 65 or older.

Persons with Disabilities
As seen in Table 31, there are fewer people living with disabilities in San Marino than in the County, State, or surrounding communities. There are no areas of concentration of disabled individuals in the City.

Table 31: Percentage of Population with a Disability
San Marino 5.5%
Pasadena 7.9%
El Monte 9.9%
Los Angeles 9.9%
California 10.6%
Source: 2019 ACS 5‐Year Estimates, U.S Census Bureau

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Income
Median incomes are high and well dispersed throughout the City, as shown in Figure 23.

San Marino lacks areas of economic concentration. The median incomes are well above the HCD 2020 State Median Income and are also higher than much of the surrounding area.

Figure 2323: Median Income Based on ACS 5‐Year Estimates 2014‐2019 Source: HCD, 2021 (Please note tracts in white have no available data) Comparatively, Low to moderate incomes in Los Angeles County are concentrated in the Central and South regions, as well as in the San Fernando Valley and the San Gabriel Valley (Figure 24).

In these areas, 75-100% of populations earn a low- to- moderate income. Further west of LA and along the coast, in the Santa Monica Mountains and the Westside, less than 25% of the population is low income.

San Marino - HCD Draft Housing Element October 29, 2021

Figure 2424: Percent of Low‐ to Moderate‐Income Residents by Block Groups in Los Angeles County



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Poverty

6.1 percent of San Marino's households are experiencing poverty, compared to 7.9 percent of households in the SCAG region. Poverty thresholds, as defined by the ACS, vary by household type. In 2018, a single individual under 65 was considered in poverty with a money income below $13,064/year while the threshold for a family consisting of 2 adults and 2 children was $25,465/year. Both San Marino tracts have the highest median incomes, while the tracts in the surrounding subregion reflect incomes ranging from highest to median.

4.5.4 Disparities in Access to Opportunities
The City has been given the designation of “Highest Resource Area of Opportunity” which is based on the consideration of factors affecting quality of life and health outcomes including educational enrollment and attainment, employment rates, lack of overcrowding in housing or overpayment for housing costs, transportation costs, and environmental health. The Tax Credit Allocation Committee (TCAC) Opportunity Area Index map is provided as Figure 25; the City of San Marino

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is outlined in black within a larger dark blue area; dark blue denotes the areas of highest resources. Adjacent cities are also areas of high or highest resources, and only one area (in nearby Pasadena) has high segregation and poverty All housing sites identified within the City are in an Area of Opportunity.

Figure 2525: TCAC Opportunity Area Index Map
Source: HCD, 2021
Education
The San Marino Unified School District is well known for its students’ high levels of academic performance. In the 2018-2019 reporting year the district outperformed both the Los Angeles Unified District and the State in the California Assessment of Student Performance and Progress (Table 32).

Table 32: California Assessment of Student Performance and Progress Achievement Level State of California Los Angeles Unified District
San Marino Unified
District
Level 4: Standard Exceeded 22.48% 17.93% 64.41%
Level 3: Standard Met 28.62% 26.18% 24.82%
Level 2: Standard Nearly Met 22.28% 23.36% 6.83%
Level 1: Standard Not Met 26.63% 32.53% 3.94%
Source: caaspp‐elpac.cde.ca.gov, 2021
There are slight disparities in performance between students of different races. It should be noted that White and Asian students slightly outperformed their Hispanic and Black peers, although this

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gap appears to be closing in recent years. These gaps in performance could be an indicator of educational disparities (Figure 26), but the small and irregular sample size for these minority groups does not allow for this conclusion to be drawn with a high level of accuracy.

Figure 2626: Achievement Gap Results Racial/Demographic Breakdown Source: Edsource.org, 2021
Environment
San Marino has low scores on the CalEnviroScreen Index, which means that San Marino is likely to have more positive environment outcomes based upon aggregate measurements of the following indicators:
 Exposure: Air Quality, Lead Risk in Housing, Diesel Particulate Matter, Drinking Water Contaminants, Pesticide Use, Toxic Releases from Facilities, Traffic Density  Environmental Effects: Cleanup Sites, Groundwater Threats, Hazardous Waste Generators and Facilities, Impaired Water Bodies, Solid Waste Sites and Facilities  Sensitive Populations: Asthma, Cardiovascular Disease, Low Birth Weight Infants  Socioeconomic Factors: Educational Attainment, Housing Burden, Linguistic Isolation, Poverty, Unemployment
San Marino has two census tracts. The Western census tract scored in the top 12th percentile, and the Eastern census tract scored in the top 10th percentile for overall environmental health, meaning only 12 and 10 percent of other census tracts in the state had better overall composite scores. Of the individual indicators analyzed, the biggest factors for potential adverse environmental health outcomes in San Marino are pollution exposure, lead risk in housing, and contaminated drinking water.

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Figure 2727: CalEnviroScreen Index Map of San Marino and Surrounding Areas Source: California Office of Environmental Health Hazard Assessment, 2021 The Western San Marino census tract (seen in lighter green in Figure 27Figure 27Figure 27Figure 26) scored in the 65th percentile for pollution burden, meaning that the tract had a higher pollution burden than 65% of other tracts in the state. This tract was also in the 64th percentile for lead risk in housing, largely due to the age of San Marino’s housing stock, and in the 93rd percentile for drinking water contaminants.

In comparison, the Eastern San Marino census tract (seen in dark green in Figure 27) scored in the 39th percentile, 66th percentile, and 79th percentile for pollution burden, lead risk, and drinking water contaminants, respectively.

Taken together, these specific outcomes are slightly above average for the Los Angeles region, but are fairly consistent with adjacent cities. Drinking water contamination and pollution burden continue to be issues for most census tracts in the State. There were not significant differences within San Marino City limits and the City regularly monitors and reports conditions to remain in compliance with the U.S. Environmental Protection Agency and the State’s Water Board Regulations.

Compared to the LA County region, San Marino has better environmental outcomes overall. Most of the San Fernando Valley and areas of Downtown Los Angeles contain disadvantaged communities, while San Marino does not.

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Transportation
San Marino is serviced by the LA Metro Bus Lines 78 Local and 487 Express. According to walkscore.com, the City has a Walk Score of 61 (out of 100) and is considered somewhat walkable with some errands able to be carried out on foot. The City has a Bike Score of 50, which means that there is some existing bike infrastructure. The City was not rated for transit. In comparison, the neighboring City of Pasadena was given Walk Score of 69, Bike Score of 70, and Transit Score of 71.

The City is part of a low-cost membership program for curb-to-curb ride services for seniors over 60 and for those under 60 with a disability. The service is available for residents who live in Pasadena, San Marino, Altadena, and unincorporated Los Angeles County areas within the service area.

Economic Development and Access to Jobs
The City is rated highly in terms of economic outcomes. The index is bases on measurements of the following indicators:
 Poverty
 Adult Education
 Employment
 Job Proximity
San Marino’s neighboring cities have similar positive outcome ratings on the index, while others in the region are rated considerably lower (Figure 28).

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Figure 2828: Economic Index Map of San Marino and Surrounding Areas Source: HCD, 2021
Data from the U.S. Census “OnTheMap” tool identifies the City as both an economic source and resource with a similar number of people coming into the City to work who live elsewhere, as residents of the City who leave to work in other places (Figure 29).

Ninety-five percent of the working population in San Marino is employed in white collar industries.

The top three professional sectors in the City are in management, health practices, and business/financial. As of 2021, the top three sectors of the labor force in LA County are in management, office administration, and sales.

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Figure 2929: Inflow/ Outflow Analysis of San Marino
Source: OntheMap.ces.census.gov, 2021
Adults are well educated in San Marino and have better educational attainment outcomes than the County, State, and surrounding communities (Table 33).

Table 33: Educational Attainment for Adults 25 and Over Area Highschool Graduate or
Higher
Bachelor’s Degree or
Higher
Graduate or
Professional  Degree
San Marino   97.8% 78.1% 39.7%
Pasadena 88.3% 52.3% 24.0%
El Monte   63.3% 12.2%   2.4%
Los Angeles 79.1% 21.2% 11.3%
California 83.3% 33.9% 12.8%
Source: ACS 5‐Year Estimates (2014‐2019)
San Marino has a mid- to high-level rating on the HUD Jobs Proximity Index, which quantifies the accessibility of a given residential neighborhood as a function of its distance to all job locations within a statistical area. The scores in the region vary greatly.

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Figure 3030: HUD Jobs Proximity Index Map of San Marino and Surrounding Areas Source: HCD, 2021

4.5.5 Disproportionate Housing Needs Including Displacement Cost Burden and Severe Cost Burden
Housing cost burden is most commonly measured as the percentage of gross income spent on housing, with 30% a usual threshold for 'cost burden' and 50% the threshold for 'severe cost burden.' However, a lower-income household spending the same percent of income on housing as a higher-income household will likely experience a truer 'cost burden.' The data in Table 34Table 34Table 34Table 34 indicates the number of households in San Marino by their income relative to the surrounding area and their share of income spent on housing.

Table 34: Households by Income Level and Share of Income spent on Housing Income Level <30% 30‐50%
(Cost Burdened)
>50%
(Severely Cost Burdened)
Total Households
by Income Level
<30% HAMFI 25 0 290 315
30‐50% HAMFI 50 60 165 275
50‐80% HAMFI 120 48 105 273
80‐100% HAMFI 180 65 195 440
>100% HAMFI 2,375 520 249 3,114
Total Households 2,750 693 1,004 4,447

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Source: HUD CHAS 2012‐2016. HAMFI refers to Housing Urban Development Area Median Family Income.

Additionally, across San Marino's 620 renter households, 158 (25.5%) spend thirty percent or more of gross income on housing cost, compared to 55.3% in the SCAG region. Another 101 renter households in San Marino (16.3%) spend fifty percent or more of gross income on housing cost, compared to 28.9% in the SCAG region.

While renter households receive much of the focus when it comes to housing cost analysis, owner households make up 86.4% of San Marino and 52.5% of the SCAG region. The most commonly occurring mortgage payment in San Marino is >$4000/month and the most commonly occurring mortgage payment in the SCAG region is $2000-$3000/month (Figure 31).

Figure 3131: Monthly Owner Costs for Mortgage Holders
Source: ACS 5‐Year Estimates (2014‐2019)
Overcrowding
In San Marino, 29 owner-occupied and 21 renter-occupied households had more than 1.0 occupants per room, which meets the ACS definition for overcrowding. 19 owner-occupied households and renter-occupied households had more than 1.5 occupants per room, which meets the ACS definition for severe overcrowding. Overcrowding rates are much lower in San Marino than in the larger region.

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Figure 3232: Crowding by Extent and Tenure
Source: ACS 5‐Year Estimates (2014‐2019)
Substandard Housing
The ACS includes surveys about three factors of what may be considered substandard housing.

In San Marino, 31 units lack telephone service, 20 units lack plumbing facilities, and 20 units lack complete kitchen facilities. While this is lower than the regional rates for substandard housing, rehabilitation programs should be utilized to maintain the housing stock.

Figure 3333: Substandard Housing
Source: ACS 5‐Year Estimates (2014‐2019)
Homelessness
The Los Angeles County Community Development Commission conducts bi-annual point-in-time surveys of homeless populations. San Marino is occasionally reported to have 1 unhoused person, but typically is reported to have zero unhoused persons. Services for homeless individuals are available in neighboring Pasadena. San Marino allows emergency shelters to be established in any commercially zoned property as a permitted use; however, no interest has been shown on the part of homeless service providers in initiating homeless services in San Marino.

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Displacement
According to the Urban Displacement Project, there are no sensitive populations subject to displacement in San Marino. However, there are approximately 225 very low-income, elderly households in the City. Special attention should be given to these households, as aging in place may become difficult for people with fixed incomes given the high cost of living in San Marino.

4.5.6 Areas of Concentration in Poverty and Affluence Across Racial/ Ethnic Groups
The City of San Marino does not contain any areas of racial or ethnically areas of poverty (R/CAPs); in fact, the entire City is an Area of Opportunity. However, the City is notably more expensive than the surrounding areas, with median gross rents above $3000 per month and the majority of mortgages above $4000 per month (Figure 31, Figure 34). There are no concentrated areas of affluence given the equal distribution of wealth within City limits.

Figure 3434: Location Affordability Index
Source: HCD, 2021
While median household incomes in San Marino are high, even moderate- and middle-income households cannot afford a home in San Marino where the median sales price exceeds $2 million, and the median rental price exceeds $3000 per month (ACS). A moderate-income family of three could afford a home with a sales price of $385,859 or a monthly rent of $1,818. San Marino currently lacks homes for these households, which include young families and first-time homebuyers, which perpetuates exclusivity and can lead to inequity.

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History of Exclusive Single‐Family Zoning in San Marino San Marino is an almost exclusively residential community, with its built environment dominated by detached single-family houses in a range of scales, constructed primarily between the 1920s and the 1960s. As of 2021, there were no areas zoned for multi-family residences, or for industry/manufacturing. Small areas on Huntington Drive and Mission Street are zoned for commercial use, and the City has recently approved a mixed-use project on a commercial street.

San Marino’s rich and varied past that spans multiple eras of California history and is associated with cultural and social themes that were definitive in the history of Los Angeles County and Southern California. Since its 1913 incorporation, “the City envisioned itself as a residential enclave for people of means, with zoning that ensured minimal commercial development and no industry or multi-family residences” (Source: San Marino Historic Resources Survey Report, October 2020). This exclusive designation has played out in the City’s zoning since its establishment.

In its earliest days of development, zoning in San Marino was so strict that most commercial uses and even churches were restricted. To ensure that property valuation would remain high, developers established expensive minimum home building costs, and racially restrictive covenants were incorporated into home deed sales – a practice that was common throughout Southern California and much of the country in the 1920s. These practices, coupled with the formation of the national Home Owner’s Loan Corporation (HOLC) in 1933 and passage of the National Housing Act (NHA), established systemic redlining practices throughout the Los Angeles region, including in San Marino. This practice led to the physical development pattern and exclusive single-family feel that is still experienced throughout the City today.

Figure 35Figure 35Figure 35Figure 34 illustrates how San Marino was graded “Best” by the Home Owner’s Loan Corporation. This grade was given to upper- or upper-middle-class White neighborhoods that HOLC defined as posing minimal risk for banks and other mortgage lenders, as they were "ethnically homogeneous" and had room to be further developed. Banks received federal backing to lend money for mortgages based on these grades. Many banks simply refused to lend to areas with the lowest grade, making it impossible for people in many areas to become homeowners. While this type of neighborhood classification is no longer legal thanks to the Fair Housing Act of 1968, the effects of disinvestment due to redlining are still clearly observable today (Source: University of Richmond's Digital Scholarship Lab, 2021).

San Marino - HCD Draft Housing Element October 29, 2021

Figure 3535: 1930's HOLC Redlining Grade
(Source: University of Richmond's Digital Scholarship Lab, 2021) Throughout the City’s development, it has prided itself on its exclusively single-family, affluent neighborhoods, with well-kept yards and beautiful parks. Apartments and duplexes had never been allowed. As recently as 2003, the City’s General Plan included goals to protect its singlefamily neighborhoods and to discourage the division of lots. While the 2003 General Plan promoted a well-integrated community, it failed to promote or allow the variety of housing types to enable that integration. A 2006 City handout for new San Marino residents notes:
“The principles upon which the first City Council established San Marino in 1913 have been followed through the ensuing ninety-three years. The founders of this city wished it to be uniquely residential - single-family homes on large lots surrounded by beautiful gardens, with wide streets and well-maintained parkways.

There were to be no manufacturing districts, heavy business areas or any apartment houses or duplexes. To maintain these standards, the City Council has continued to pass and enforce strict zoning regulations.” These strict zoning standards have been unintentionally discriminatory. A land use practice has a discriminatory effect if:
 It actually or predictably results in a disparate impact on a group of individuals, or  It creates, increases, reinforces, or perpetuates segregated housing patterns, based on membership in a protected class.

By definition, single-family zoning is exclusionary when it occurs to the exclusion of other types of residential use. Whether intended or not, San Marino’s past prohibition of anything but singlePage 712 of 1126 San Marino - HCD Draft Housing Element October 29, 2021

family homes had the effect of excluding persons who do not have incomes high enough to live in the City. Because poverty occurs most often with person of color, these practices have resulted in the exclusion of protected classes even though they were never intended to. AB 686 requires that the City adopt programs to overcome and reverse this pattern of exclusion, and to identify housing sites through the Affirmatively Furthering Fair Housing lens.

Reversing Exclusionary Zoning Practices
The approach taken within this Housing Element update to address past exclusionary zoning practices and to affirmatively further fair housing are two-fold: First, programs are included that change the zoning to allow for all types of housing, including the multi-family apartments and duplexes that have previously been banned in the City; and secondly, the location of potential housing sites to meet the City’s lower-income RHNA is considered through an equity lens, not only by choosing locations in areas throughout the City but also by including to promote the development of duplexes. ADUs, and affordable JADUs in all of the City’s exclusive residential neighborhoods. Section 2 includes the policies and programs to reverse exclusionary zoning and to affirmatively further fair housing; Section 3 contains the sites location information and maps.

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APPENDIX A: SCAG LOCAL HOUSING DATA

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APPENDIX B: COMMUNITY ENGAGEMENT
Government Code §65583 (c)(7) requires local government to “Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort”. The federal Affirmatively Further Fair Housing Final Rule also requires community participation in the City's Assessment of Fair Housing (AFH). Community engagement efforts undertaken for the 2021 Housing Element are summarized in Section 1.

Public Outreach Summary
Housing issues affect the entire community and can be confusing and contentious. State requirements about what Housing Elements must allow often seem at odds with long-standing community values. The public participation requirement of Housing Element law presents an opportunity to engage constituents in defining housing issues, and in creating solutions that both meet the needs of the community and the requirements of state law.

The ongoing restrictions on gatherings due to the COVID-19 pandemic have forced community outreach
and engagement into a virtual world. While in some cases this has made it possible for more people to be engaged in the process, a digital divide often exists in cases where households may lack internet connections or may be unable to attend virtual meetings due to work obligations.

To ensure that community outreach during the pandemic has been as equitable as possible, the community outreach program was designed to provide participation opportunities via cell phone and at the convenience of the resident. San Marino’s Housing Element Update has included the following public outreach efforts:
 December 7, 2020: City Council held a virtual Town Hall to introduce the Housing Element update and to present an overview of the Housing Element Update process and new laws.
 December 29, 2020: City developed and launched a webpage at http://cityofsanmarino.org/housingelement dedicated to the update of the Housing Element. The website includes a dedicated e-mail address for the Housing Element Update, a background on the Housing Element and its purpose; opportunities for participation; and links to meeting materials, presentations, and document drafts for public review. An outreach and notification list were developed and used throughout the update process.
 November 2020- January 2021: Community opinion surveys were conducted in English, Spanish, and Chinese. The surveys were structured to allow full participation via cell phone to overcome any digital divide. Survey results are provided in Section 4.
 January-April 2021: Stakeholder interviews conducted with responsive contacts representing for- and not-for-profit developers, advocacy groups, and

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service providers, including Southern California Non-profit Housing Association; Milestone Housing Development Corporation; the Chinese Club of San Marino; the Los Angeles County Economic Development Corporation; and the PasadenaFoothills Association of Realtors.  February 24, 2021: Planning Commission held a publicly noticed workshop on the Housing Element Update. The Commission discussed the challenges faced by the City, took public input, and provided policy direction to staff in formulating strategies for meeting the State Housing Element mandates and identifying adequate sites to meet the City’s RHNA.
 April 16, 2021: City Council held a publicly noticed workshop on the Housing Element Update and reviewed the Draft Housing Strategy (Policies and Programs for the Housing Element) and a preliminary rezoning program to address the City’s RHNA shortfall. The City Council reviewed the draft set of policies and discussed options to meet the Housing Element requirements and community housing needs. The City Council provided feedback and direction on the preparation of a draft for review by the public and by the State Department of Housing and Community Development (HCD). Notices for this workshop were sent to the outreach and notification list, as well as to those who had provided contact information on the community surveys and those that had spoken at previous meetings.
 July 17, 2021: City Council held a publicly noticed workshop to review the Draft Housing Element for possible transmittal to the State.
 July 21, 2021: Public Review Draft Housing Element was released and made available on the established website. Notices of the release of the draft document were sent to the outreach and notification list, including those who had spoken at previous meetings.
 August 3, 2021: City Council held a publicly noticed meeting to receive public input regarding the Housing Element Update and provided further direction to staff and consultants regarding sites to include on the inventory lists to be considered for rezoning.
 August 25, 2021: City held a Town Hall to continue to receive public input on the Draft Housing Element and advise the community of future opportunities to comments on the HE update document or meet with a planner individually to discuss the update process. Announcements for this Town Hall were included in two weekly community newsletters, advertised on social media, and mailed to tenants and property owners of the sites added to the updated Sites Inventory list.
 September 24, 2021: The City Council held a duly noticed public meeting to take public comment and authorized staff to transmit the Draft to HCD to begin their review.

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 September 24, 2021: The City Council held a duly noticed public meeting to take public comment and requested additional changes to be made to the Draft Housing Element.The Draft Housing Element and all public comments received to date were transmitted to HCD to begin their mandatory 60-day review period, during which time all interested parties were invited and encouraged to submit comments directly to HCD.
 October 29, 2021: The City Council held a duly noticed public hearing and authorized staff to transmit the Draft to HCD to begin their review.  November 1, 2021: The Draft Housing Element and all public comments received to date were transmitted to HCD to begin their mandatory 60-day review period, during which time all interested parties were invited and encouraged to submit comments directly to HCD.
 December xx, 2021: HCD responded with several changes needed for the Draft Housing Element to be compliant with State law. These changes were subsequently incorporated into the Planning Commission Draft.  January xxDecember xx, 20212: Mitigated Negative Declaration released.The Initial Study/ Mitigated Negative Declaration prepared under CEQA was released for public review.
 January 26,xx 2022?: Planning Commission hearing on MND and Draft Housing Element;Planning Commission held a duly noticed public hearing to consider the HCD-reviewed Draft Housing Element and adopted a resolution finding the CEQA document adequate and appropriate for the project and also making findings of compliance with State law before recommending adoption of the Housing Element to the City Council.
 January 28xx, 2022?: City Council hearing to adopt MND and Housing ElementCity Council held a duly noticed public hearing to consider the HCDreviewed Draft 2021 Housing Element, along with the changes and additions recommended by HCD and by the Planning Commission and adopted a resolution certifying the CEQA document and adopting the 2021 Housing Element.

Community Opinion Survey Results
Community opinion surveys were developed in three languages and have been distributed to residents in several ways: through the City website; through weekly community newsletter from the City Manager’s office; through direct emails to the updated interested persons list from the 2014 Housing Element; to the seniors mailing list; by posting to the City’s social media pages; and through distribution to the Chinese Club and local Realtors. The surveys are designed to elicit residents’ opinions about housing needs and opportunities, both now and in the future, as well as their ideas about new housing types that might help to meet identified needs.

Survey results demonstrate that residents have given housing issues a lot of thought and have some good ideas for meeting housing needs while preserving the City’s single-family

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neighborhoods and character. While some survey respondents indicated that all of San Marino’s housing needs are being met, many also listed the need for less expensive housing choices including homes affordable to first-time buyers as a pressing need. About half of respondents agreed that San Marino had grown too expensive for their children to be able to afford a home here, and over 60 percent acknowledged that people who work in San Marino cannot afford to live here. Many respondents provided thoughtful ideas for different types of housing including studios, more ADUs, and both small apartment complexes and mixed-use development in the commercial zones.

Some indicated that existing homes could be divided to allow more than one household or generation to live in the same home. At the same time, most survey respondents agreed that it was important to preserve San Marino’s existing neighborhoods and its beautiful architecture.

Complete survey results are provided as Attachment A. Some questions provided participants the opportunity to share their unique input; these questions and additional write-in comments are provided below in Table 35Table 35Table 35Table 32.

Table 35: Public Comments and Incorporation into Housing Element Written Comments Incorporation in Housing Element
Question:

The biggest housing needs facing San Marino today are:
“Homes without homeowners living in the country, rented or empty causing many homes lack of maintenance and
lack of laws for city to take serious action”
Discussion and program to consider
vacancy tax or other measures
“Do not need housing that sits empty because of LLC
ownership. Don’t allow LLC ownership & add a tax”
Discussion and program to consider
vacancy tax or other measures
“Vacant homes have to be pulled into market. Vacant
Homes have a lot of negative impact to our city. Crime, less property tax income, fewer families with school‐aged kids, etic”
Discussion and program to consider
vacancy tax or other measures
“need more housing ‐ staying with an edict of only single‐ family house is unrealistic and
bourgeoise. We have commercial spaces that are vacant
and make the City downtown area
look destitute. Mixed use will help bring vibrancy to our community, increase walkable retail
spaces and open housing to people who work in our
communities: educators, public safety,
public service workers”
Programs included to allow all forms of
housing, including multi‐family
“With‐140 homes that are vacant, there is scant need for additionally housing”
Program to address vacant housing,
otherwise comment not consistent
with RHNA or statutory requirements
“No mixed‐use commercial properties. The cost of housing in San Marino is due to our schools’ academic standards.

We need to make sure those standards are maintained.

Noted.

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that makes homeowners participate in positive city
participation”
“San Marino needs to not just zone for the RHNA allocation but also zone enough capacity so it will be built. Since very new units have been built in recent years I request a zoning buffer of 50% above the allocation”
City will strive to zone for 120% of its
RHNA shortfall
Question:

San Marino’s housing needs in the coming 10 years will include:
“City can ease the building requirement for building under 100 sqft, because now there are
many children moving back into their parents' homes”
Assuming commenter meant 1,000 SF,
the Housing Element contains multiple
policies and programs to encourage
and promote ADUs and JADUs.
“ADUs are the appropriate way to provide less expensive housing”
Housing Element contains multiple
policies and programs to encourage
and promote ADUs and JADUs.
“Adopt advanced zoning and planning concepts” Comment not specific “Updating and renovation will continue and meet future
housing needs”
Comment is inconsistent with RHNA
requirements for new units
“Our city attracts homeowners who want their children to be a part of our schools and that will always mean a better city and school system. Our housing prices are based on that”
Comment noted
“More ADUs for family members to live close by” Housing Element contains multiple policies and programs to encourage
and promote ADUs and JADUs.
“Rental housing for young people and seniors. The rental to owner divide is not balanced”
New provisions and zoning will now
allow multi‐family rentals in San
Marino.

Question:

What are some unique features of San Marino that can be housing opportunities for the community? For example: unused office spaces that can be used as artist studio or work/live spaces; carriage houses that can be converted to caretaker facilities; large homes modified to accommodate more family members or multigenerational home;s large lots perfect for tiny homes or cottages to be developed, etc.  Your idea(s):
“Large homes can be renovated to accommodate more
family members or become multi‐generation homes.”
Policy and program are included to
allow these homes to be divided into
duplexes and triplexes
“Please quickly approve building of a second unit that is less than 1000 sq ft on existing home property, which
would allow family members to come back and live there.” Housing Element contains multiple
policies and programs to encourage
and promote ADUs and JADUs.
“Large lots can be developed into smaller single family homes, but the original appearance of San Marino should be the priority and not be affected”
Policies and Programs strive to protect
the character and architecture of the
City’s existing single‐family
neighborhoods while allowing
additional housing units.

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“Provide more convenient public facilities for seniors, such as caretaker facilities, and more public facilities for young adults and children”
Comment noted.
“Maintain the current situation” Noted. Comment is inconsistent with the City’s RHNA obligation and state
law.
“Carriage houses that can be converted to caretaker
facilities”
Housing Element contains multiple
policies and programs to encourage
and promote ADUs and JADUs.
“The first item (ADUs)” Housing Element contains multiple policies and programs to encourage
and promote ADUs and JADUs.
“Smaller houses at lower rent” Housing Element contains multiple programs to encourage smaller units
such as ADUs, JADUs, and missing
middle housing
“Agree with the creative repurposing ideas listed” (ADUs, conversions)
Housing Element contains multiple
policies and programs to encourage
and promote ADUs and JADUs, as well
as to allow conversion of large homes
into duplexes and triplexes
“Downtown commercial facilities that can be converted to residential as well as commercial.”
Mixed occupancy along the Huntington
Drive corridor will be considered
provided conformance with objective
design standards.
“Allow for multi family properties” New provisions and zoning will now allow multi‐family rentals in San
Marino.
“Turn commercial space into low income housing
opportunities”
Policies and Programs are included to
adopt an overlay zone applicable to
commercial properties and allowing
higher‐density residential uses
“Guest houses able to be occupied, developing areas
belonging to SM that are by Carver School”
New provisions and zoning will now
allow multi‐family rentals in San
Marino. Areas near Carver to be
considered for Housing Overlay.
“Carriage houses” Housing Element contains multiple
policies and programs to encourage
and promote ADUs and JADUs.
“None of these are a good idea” Comment noted
“More multi‐family/multi‐unit housing” New provisions and zoning will now allow multi‐family rentals in San
Marino.
“Like the idea of office spaces being used as artist studio or work/live spaces. This is appealing because it would not change the residential look of San Marino”
Opportunities exist for these spaces;
objective design standards will be
developed and adopted in 2022

San Marino - HCD Draft Housing Element October 29, 2021

“There is no mixed use in our code and it should stay that way. Right now the code does not address the required
separation for living space and other occupancies. That requires an entire separate section in the code (overlay zone). It would be very expensive to try to convert office space to living space; the only exception would be
conversion of the whole building to
residential, with fire sprinklers, exits, etc. and *limit it to one story*.”
Comment noted.
“Parking lots should be converted to housing. Allow people to park their cars on the street
overnight which would free up driveway and garage space.

Change the zoning from commercial/retail to residential.

There do not need to be that many businesses in San
Marino when there are plenty of commercial and retail
spaces in larger, nearby cities.”
Some underutilized parking lots are
proposed to be considered for rezoning
to high‐density residential.

Additionally, policies and Programs are
included to adopt an overlay zone
applicable to commercial properties
and allowing higher‐density residential
uses
“Whatever produces the least amount of density” Comment noted; San Marino’s default density is 20 units per acre, much
greater than the 4‐6 units per acre of
the City’s residential areas.
“Easing up current restriction on home expansion and
allowing homeowners to expand their house to meet their family needs”
Current ADU and JADU ordinance
allows expansion and addition of living
area without discretionary approval.
“High density homes, townhouses, duplex, multi‐family
condo or apartments, allow to convert empty commercial
buildings to live/work studios along Huntington Dr.”
New provisions and zoning will now
allow multi‐family rentals in San
Marino. Opportunities for live‐work
spaces exist and objective design
standards will be developed and
adopted in 2022.
“I would not like any of the suggestions in 4. to be
considered. San Marino is not suited for
things such as tiny homes. It is a city of single family residences and should remain that way.”
Noted. Comment inconsistent with
state housing element law.
“Multiple units on lots” Policy and Program to promote missing middle, including up to 3 units on
single‐family lots.
“Bungalow courts. Live/work above existing commercial
units. Un/underutilized city properties
that could be developed as affordable, multi unit workforce housing for city and school district
staff (to reduce their commutes to San Marino, make it
easier for their kids to attend local
schools and be active in the community, and make
city/district jobs more competitive with
other cities )”
Policies and Programs are included to
encourage missing middle housing.

Another programs adopts a Housing
Overlay for placement over commercial
and institutional properties to allow
residential uses in addition to
commercial and institutional uses
(churches, schools, civic uses)

San Marino - HCD Draft Housing Element October 29, 2021

“To meet our affordable housing assessment we should
continue to pursue ADU development.

Mixed use construction in the Huntington Dr business
disctrict could also be explored but ONLY if the state would allow the city to determine it's own standards for
development. If the state continues to limit local control then the city should explore prohibiting any mixed use in the business districts.”
Housing Element contains multiple
policies and programs to encourage
and promote ADUs and JADUs.

Mixed occupancy will be considered
along the Huntington Corridor provided
conformance with objective design
standards.
“Large homes modified to accommodate more family
members or multigenerational homes”
Policy and Program included to allow
the division of these homes into
duplexes or triplexes
“Large lots for smaller cluster houses in gated community” Policy and Program included to allow missing middle housing, may extend to
this type
“all of above, including mixed use for our commercial
areas”
Mixed occupancy will be considered
along the Huntington Corridor provided
conformance with objective design
standards
“Allow mixed‐use development in the commercial areas
along Huntington Dr. and Mission St., and allowing housing above the ground retail/commercial spaces.”
Mixed occupancy will be considered
along the Huntington Corridor provided
conformance with objective design
standards
“San Marino is an upscale housing option. Converting it to allow for greater density is abhorrent. What we need is to oust the idiots in Sacramento.”
Noted.
“Why cant we let our elected city government decide the situations which the city can comfortably allow?”
Noted.
“Modular or pre‐fabricated tiny homes (or container
houses) that can be quickly erected and streamlined
through permitting process”
Programs included to pre‐approve ADU
plans, could include smaller factory‐
built home types.
“Convert Stoneman into condos/townhouses. Blend Carver
and Valentine, and use the Carver property to develop
more homes”
Stoneman is on sites inventory list.

Carver was on inventory list for Overlay
program but was subsequently
removed due to strong opposition from
property owner and the public.
“Granny housing on residential properties” Housing Element contains multiple policies and programs to encourage
and promote ADUs and JADUs
“As Pasadena develops and grows into the city we think it will be become: a major city to the east of downtown
drawing people from LA, we can fit the need of those that are looking for a smaller town feet but close proximity to the growing city of Pasadena”
Comment noted
“Reduce or eliminate emotionally and politically motivated restriction of development at the DRC and Planning
Commission”
Comment noted

San Marino - HCD Draft Housing Element October 29, 2021

“all of above” Most of the referenced programs are
provided for in the updated housing
element
“Lacy Park” If desired by City, Lacy Park can be
considered for rezoning w/in 3 years
“Carriage houses for sublet to singles” Housing Element contains multiple policies and programs to encourage
and promote ADUs and JADUs
“convert larger homes to senior living (maximum 3 people) per home”
Housing Element contains policy and
program to allow these homes to be
divided into duplexes or triplexes.
“like the carriage house idea” Housing Element contains multiple policies and programs to encourage
and promote ADUs and JADUs
“Spaces above businesses could be used to construct
studios”
Mixed occupancy will be considered
along the Huntington Corridor provided
conformance with objective design
standards
“Allow to reconvert big houses into few smaller houses” Housing Element contains policy and program to allow these homes to be
divided into duplexes or triplexes.
“Our commercial areas on Huntington and Mission should
have more mixed use buildings with living units above and retail and restaurants below. Our commercial arteries and dead or dying.”
Mixed occupancy will be considered
along the Huntington Corridor provided
conformance with objective design
standards
“I am concerned that condos, townhouses, and apartments were not in the list of new housing
typologies? Re‐zoning is needed”
Rezoning and zoning code changes to
allow attached and multi‐family home
types are included
“Mixed use above existing and new Huntington Drive
commercial”
Mixed occupancy will be considered
along the Huntington Corridor provided
conformance with objective design
standards
“I don’t think tiny houses are a good idea, especially for this community. It’ll be liken to trailer
park homes. However, high‐end apartment buildings on
large lots might be a great way to
expand housing and keep the integrity of San Marino.”
Tiny house comment noted. Rezoning
to provide for high‐density apartments
will be accomplished within 3 years.
“Change nothing. Preserve the home architecture and stop allowing for Orange County‐style homes to built in San
Marino”
Comment noted. Comment
inconsistent with RHNA and zoning
obligations
“ADUs and larger lots to accommodate more
multigenerational homes”
Housing Element contains multiple
policies and programs to encourage
and promote ADUs and JADUs
“Small Cottages, maybe 2 ADUs on large lots” Housing Element contains policy and program to allow homes to be divided
into duplexes or triplexes. Housing

San Marino - HCD Draft Housing Element October 29, 2021

Element contains multiple policies and
programs to encourage and promote
ADUs and JADUs
Community Outreach Messaging
In addition to the community surveys and stakeholder interviews, phone calls were made and emails sent to persons and companies that had participated in the 2014 Housing Element Update.

The following sections provides the specific messaging sent to individuals and groups in the specified Tables:

November 5-9, 2020: Participants in Table 36Table 36Table 36Table 33 were emailed the following message:

Table 36: Housing Outreach Informational Update Email Contacts

DATE OF CONTACT ORGANIZATION EMAIL ADDRESS
Special Needs
11/05/2020 IDEPSCA   [email protected]
11/05/2020 Hope Through Housing Foundation [email protected] 11/05/2020 Families Forward [email protected]
11/05/2020 Journey House [email protected]
11/05/2020 Outward Bound Adventures [email protected]
Good evening,
The City of San Marino is updating their Housing Element for 2021-2029 and will correspondingly revise the public outreach list in the appendix of the City’s current Housing Element certified by HCD in 2014. __________is included in this list but is missing a few details.

I am reaching out to request the point of contact, email, and telephone number if at all possible.

I appreciate the time it took to read this email and look forward to hearing from you.

Thank you,
Aundrea Cruz | Associate Planner | 4LEAF, Inc.

Email: [email protected]

San Marino - HCD Draft Housing Element October 29, 2021

11/05/2020 Pacific Clinics
[email protected]
11/06/2020 Victor Treatment Centers
[email protected]
11/09/2020 Arthritis Club of San Gabriel Valley [email protected] 11/09/2020 GLAD [email protected]
11/09/2020 Home Care1 [email protected]
11/05/2020 Better Living Homecare Services [email protected] Developer
11/05/2020 San Gabriel Valley Habitat for Humanity
[email protected]
[email protected]
Realty/ Lending
11/06/2020 Rate One Financial [email protected] 11/09/2020 Prudential California Realty
[email protected]
[email protected]
11/09/2020 REH Real Estate [email protected]
November 9, 2020: Potential stakeholders in Table 37Table 37Table 37Table 34 emailed the following message:

San Marino - HCD Draft Housing Element October 29, 2021

Table 37: Potential Land Trust Outreach Contacts

ORGANIZATION CONTACT EMAILS TELEPHONE
The Trust for
Public Land
Robin Mark, Los Angeles
Program Director
[email protected] (415) 495‐4014
California Council
of Land Trusts
Emailed [email protected] (916) 497‐0272
Additional Telephone Outreach
Additional Telephone Outreach was conducted from November 2020- January 2021 to invite the following stakeholders to participate in the Update process and to confirm contact information (Table 38Table 38Table 38Table 35).
* Replies indicated in Yellowbelow
Table 38: Additional Telephone Outreach
Advocacy/ Service
Chinese Club of San Marino
*January 14, 2021 – February 1, 2021, correspondence between 4LEAF and Joanne Cheng confirmed the City of San Marino Chinese Club would be distributing Housing Element Update and Survey Information to members on their mailing List.

San Marino Chamber of Commerce
East San Gabriel Valley Coalition for the Homeless
Rotary Club of San Marino
South Pasadena‐San Marino YMCA
Good afternoon,
The City of San Marino is updating their Housing Element for 2021-2029 and is building the public outreach list to alert interested parties on the progress of addressing the City’s housing needs and mandates. One of the initial steps in this process is gaining input from community groups, non-profits, housing developers, service providers, environmental groups, citizen’s groups, and residents. We are trying to gather as much feedback as possible before updating the Housing Element and would like to know _____________would like to participate? Thank you,
Aundrea Cruz | Associate Planner | 4LEAF, Inc.

Email: [email protected]

San Marino - HCD Draft Housing Element October 29, 2021

Stepping Stones to Learning
Housing Rights Center
Crowell Public Library
Property Management
ICM Resources, Inc.

Realty/ Lending
Region 1 Realty
Bank of the West
East West Bank
Roycroft Realty/C I Management, Compass Real Estate
Soma Warna Real Estate Services
Dilbeck Realtors Christie's Great Estates
RE/MAX Premier Properties
Utilities
California American Water Company
*Cal Am responded 03/25/2021 with email response and current Urban Water Management Plan Developers
A Community of Friends
San Gabriel Valley Habitat for Humanity
Special Needs
Care 4 You ‐ In Home Care, Homecare Assistance
Silverado Senior Living
CHAP
Mothers’ Club Family Learning Center, Families Forward Learning Center Pacific Clinics
Peace Over Violence
Shelter Partnership, Inc.

Union Station Homeless Services

San Marino - HCD Draft Housing Element October 29, 2021

January 5-11, 2021: Potential stakeholders in Table 39Table 39Table 39Table 36 emailed the following message:

Good afternoon! You are invited to participate in the City of San Marino’s Housing Element Update. The City is preparing an update to its General Plan Housing Element to cover the period between 2021-2029. The Housing Element Update will include the following:
 An assessment of the City’s housing needs and opportunities;  A collection of policies and programs that will govern housing development in San Marino over the next 8 years;
 A land inventory to identify specific sites that are suitable for residential development in order for San Marino to meet its regional housing need;  An assessment of actions needed to affirmatively further fair housing;  An assessment of any special needs that San Marino residents have, and how those needs are being met; and
 Opportunities for stakeholders and the public to provide input through community engagement and outreach.

You may visit the project website here San Marino, CA (cityofsanmarino.org). If you would like to provide comments on the Housing Element update, please email:
[email protected]
In order to develop a comprehensive housing strategy, we would like to interview housing providers, developers, and other professionals. You are invited to participate in one of the following ways:
• Attend a 1-hour meeting virtually via Zoom; see available times below. • Schedule a date and time to speak over the phone:
 Call (707) 309-4775 with your available dates and times. • Return this email with answers to the following questions:

San Marino - HCD Draft Housing Element October 29, 2021

1. Have you or your firm attempted to develop housing in San Marino? If yes, please answer 2-5 below. If no, please answer 5-7 below:

2. If you have developed or attempted to develop housing in San Marino, please briefly describe the development process and any obstacles or roadblocks that you faced:

3. What were the biggest constraints to development? Please select all that apply:
a. High land costs
b. Community opposition
c. Lack of appropriately zoned land
d. High construction costs
e. Development fees and charges
f. City requirements in general
g. Other (please describe)

4. Do you see development opportunities in San Marino that the City is ignoring? If so, what are they?

5. In your professional opinion, are San Marino’s housing needs being met? Why or why not?

6. What do you see as the main constraints or roadblocks to development in San Marino?

7. Why do you think there is no affordable rental housing in San Marino?

8. If you are a service provider, please tell us what needs you see in San Marino and whether those needs are being met.

Thank you for lending us your time and expertise. To arrange a phone interview, please contact Principal Planner Jane Riley, AICP at (707) 309-4775 with your available dates and times.

Zoom Sessions: If you would like to join a virtual meeting to discuss housing issues in San Marino, please accept our invitation to join one of the below:

Housing Developers & Real Estate Professionals: Monday, January 11th 1:00 – 2:00 https://rlink.re/l/9f49ebec/6746/4c91/9097/ce722dd8d61a Meeting ID: 871 7637 1531 Passcode: Housing
Non-profits, service providers and housing advocacy groups: Wednesday, January 13th 4:00 – 5:00
https://rlink.re/l/6fc8eaff/7c35/4f71/8e74/e8ddfb42ce85 Meeting ID: 875 1151 1125 Passcode: Housing

San Marino - HCD Draft Housing Element October 29, 2021

Table 39: Housing Development Stakeholder Outreach
* Replies indicated in Yellow

DATE OF

CONTACT ORGANIZATION CONTACT CITY, ZIP EMAIL ADDRESS PHONE 01/05/2021 Universal Home
Design Inc.

Sherman
Oaks, CA
91401
info@universalhome
designinc.com (818) 786‐7776
01/05/2021 Accessible
Construction Adam Fine Los Angeles,CA 90301
adam@accessibleco
nstruction.com (310) 215‐3332
01/05/2021 Abode Communities Robin Hughes Los Angeles,
CA 90015
rhhughes@abodeco
mmunities.org (213) 225‐2762
5/5/2021
(via Zoom)
California YIMBY
Jes McBride Sacramento,
CA 95814
[email protected] 209‐329‐7545
01/05/2021 Frank D. Lanterman
Regional Center
Melinda
Sullivan
Los Angeles
CA, 90010
Msullivan@lanterma
n.org (213) 383‐1300
01/05/2021 Easterseals Angela F.

Williams
Pasadena, CA
91106
angelawilliams@eas
terseals.com (626) 793‐7700
01/05/2021
Asians and Pacific
Islanders with
Disabilities of
California (APIDC)
Patricia Kinaga Los Angeles,
CA 90021
pkinaga@kinagalawf
irm.com (213) 207‐6838
01/05/2021 Dahl Architects Inc. Steven P. Dahl
South
Pasadena, CA
91030
steve@dahlarchitect
s.com (626) 564‐0011
01/05/2021
Kelly Sutherlin
McLeod
Architecture, Inc.

Kelly Sutherlin
McLeod
Long Beach,
CA 90807
kelly@ksmartarchite
cure.com (562) 427‐6697
01/05/2021 Irwin Partners
Architects Greg Irwin Costa Mesa,CA 92626 [email protected] (714) 557‐2448 01/05/2021 McKently Malak
Architects
Pasadena, CA
91103
CONTACTS@MCKEN
TLY.COM (626) 583‐8348
01/05/2021 Hartman Baldwin
Design/Build Bill Baldwin Pasadena, CA91105
info@hartmanbaldw
in.com (626) 486‐0510
01/05/2021 Architectural
Resource Group Katie Horak Los Angeles,CA 90012 info_la@arg.‐la.com (626) 583‐1401 01/05/2021 Ellinger Architects
and Associates
William W.

Ellinger III
Pasadena, CA
91101
ellinger.wm@sbcglo
bal.net (626) 792‐8539
01/11/2021 Ball Architecture Stephen Ball West Covina,
CA 91791 (949) 338‐2679
01/05/2021 Morley Brothers Jan Karl
Santa
Monica, CA
90405
jkarl@morleybuilder
s.com (310) 399‐1600
01/05/2021 Bridge Housing Corp Timothy Van
Scott II
Los Angeles,
CA 90056
vscott@bridgehou
sing.com (310) 422‐2561

San Marino - HCD Draft Housing Element October 29, 2021

01/05/2021 Mercy House Erika
Villablance
Los Angeles
CA, 90015
evillablanca@mercy
housing.org (213) 743‐5826
01/05/2021 Pkutzer Edgewood
Realty Partners Pete Kutzer
South
Pasadena, CA
91030
pkutzer@edgewood
realty.com
(626) 403‐1469
ext 116
01/05/2021 Mur‐Sol
Construction Inc Kevin Cole Arcadia, CA91006 kevin@mur‐sol.com (626) 802‐8822 01/05/2021 Sunny Construction
and Development Sunny Chan Arcadia, CA91006
info@sunnyconstr
uction.com (626) 574‐8083
01/05/2021 Coldwell Banker Cordelia Wong cordeliaw@coldwell banker.com (626) 487‐0837
01/05/2021
Berkshire Hathaway
HomeServices
California Properties
Janice Lee San Marino,
CA 91108
[email protected]
om (626) 449‐5222
01/05/2021
Redstone
Commercial Real
Estate
Dan Alle Pasadena, CA
91101
[email protected]
om (626) 795‐2255
01/05/2021 Sun Realtors Eugene Sun San Marino,
CA 91108
[email protected]
t (626) 458‐0216
01/05/2021
Pasadena‐Foothills
Association of
Realtors
Laura Olhasso Pasadena, CA
91106 [email protected] (626) 795‐2455
01/05/2021   Michael Chan   michaelbchan@g
mail.com (626) 625‐5595

San Marino - HCD Draft Housing Element October 29, 2021

January 19, 2021: The following message was distributed to a City-provided mailing list of 128 seniors:

Responses to this outreach are as follows:

The above email was sent to 128 contacts on the City’s Senior Contact list. Three responses were received:

1. An individual expressed their interest in participating in the update process via the public survey.

2. An individual expressed security concerns regarding the use of a third-party platform to conduct the outreach survey.

3. An individual expressed that they felt the City was compliant with State Law and should not pursue mixed-use to achieve unmet housing needs.

Good afternoon!
You are invited to participate in the City of San Marino’s Housing Element Update. While developing a comprehensive housing strategy, we would like to ensure that the community has the housing that residents want and need. To encompass a variety of opinions, experience, and expertise, we would like to include your input! This can be done one in one of the following ways:
 Taking the Community Survey here:
https://www.surveymonkey.com/r/7XGPV6K.
 Providing comments on the Housing Element or signing up for updates by emailing: [email protected]

 This update to the City’s General Plan Housing Element will cover the period between 2021-2029. The Housing Element Update will include the following:
 An assessment of the City’s housing needs and opportunities;  A collection of policies and programs that will govern housing development in San Marino over the next 8 years;
 A land inventory to identify specific sites that are suitable for residential development in order for San Marino to meet its regional housing need;  An assessment of actions needed to affirmatively further fair housing;  An assessment of any special needs that San Marino residents have, and how those needs are being met; and
 Opportunities for stakeholders and the public to provide input through community engagement and outreach.

San Marino - HCD Draft Housing Element October 29, 2021

March 17, 2021- Educational stakeholders in Table 40Table 40Table 40Table 37 were emailed the following message:

Good evening,
As you may know, the City of San Marino is preparing an update to its General Plan Housing Element to cover the period between 2021-2029. 4LEAF is the consulting firm that has been hired by the City to complete this Housing Element update, and we would very much like to hear from you about the housing needs of your staff and faculty.

One of the things that a Housing Element must include are an assessment of the City’s housing needs, including the needs of its workforce – like teachers.

Please assist us by responding to this email to briefly let us know two things:
1) Where (generally) do your school’s staff and faculty live? Are they able to live in San Marino, or do they need to commute to work? 2) If the City permitted it, would you be interested in providing housing for your staff and/or teachers on-site? If no, why not?
Thank you for lending us your time and expertise. We would very much appreciate your response by Wednesday, March 24. If you would prefer to arrange a phone interview, please contact Associate Planner Aundrea Cruz at [email protected] with your available dates and times.

For more information on the Housing Element Update, please visit the project website here:

San Marino, CA (cityofsanmarino.org).

This email is sent by 4LEAF staff. 4LEAF, Inc. is the consulting team that has been chosen to assist the City in the update of its Housing Element, as well as the City’s Public Safety and Health Element. 4LEAF is a full-service firm that has been providing services to numerous public agencies across California for more than 20 years. You may find more information about 4LEAF here: https://www.4leafinc.com/

San Marino - HCD Draft Housing Element October 29, 2021

Table 40: Educational Facilities Outreach
* Replies indicated in Yellow

EDUCATIONAL

FACILITY

PERSON OF

CONTACT

EMAIL ADDRESS
Southwestern
Academy
Robin Jarchow, Head
of School
[email protected]
Saints Felicitas and
Perpetua School
Missy O'Neill,
Principal
[email protected]
missyoneill@la‐archdiocese.org
*St F & P School responded 3/17/2021‐ Indicated that there was no on‐site housing for teachers and no room to place such housing. Most staff lived east of the cities in Arcadia, Monrovia, Azusa, Glendora, and La Verne. Several lived in San Gabriel, and only one lived in San Marino K.L Carver Elementary
School
(SMUSD)
Michael Lin,
Principal
[email protected]
Henry E. Huntington
Middle School
(SMUSD)
Daryl Topalian,
Vice Principal
[email protected]
W.L. Valentine
Elementary School
(SMUSD)
Alana Faure,
Principal
[email protected]
San Marino High
School (SMUSD)
Jason Kurtenbach,
Principal
[email protected]

San Marino - HCD Draft Housing Element October 29, 2021

Stakeholder Interviews
Various interviews were held with interested parties including those who responded to initial contacts and those who attended the scheduled stakeholder meetings. These stakeholder interviews are summarized below in Table 41Table 41Table 41Table 38.

Table 41: Stakeholder Interviews

ORGANIZATION/

INTERVIEWEE/ DATE OF

INTERVIEW

INTERVIEW SUMMARY INCORPORATION IN

HOUSING ELEMENT
Frank D. Lanterman
Regional Center
Christian Irigoyen‐
Resource Developer of
Community Services
01/08/2021
 Homes must be suitable for disabled
individuals to be placed in them
 Various Levels of Care determine
suitability (Level 2 = Lower level of
assistance needed, Level 4= Higher
level of assistance needed)
 Most homes in San Marino would be
suitable for Level 2 care needs
however, DDS encourages placement
in smaller homes
Continue existing
policies and support for
community care
facilities
Southern California
Association of Non‐Profit
Housing (SCANPH)
Jeanette Brown‐ Director
of Public Affairs &
Programs
Alan Greenlee ‐Executive
Director
01/22/2021
 Public opposition barrier to Project
Roomkey Implementation
 Suggested public/private
partnerships for students like Orange
Coast College
 Mentioned Bill being used in City of
Pasadena to encourage ADUs
 Mentioned Oregon and Minnesota
banning single‐family zoning
Comments were
regional or examples of
national programs and
were not directly
applicable to San
Marino.

Milestone Housing
Marcus Griffin
02/19/2021
San Marino
 High land values are barriers to
development
Suggestions:
 Lot consolidation program
 Public/Private Partnerships
 Potential for mixed‐income
developments
 Stoneman site is promising
Acknowledge high land
prices
Acknowledge difficulty
in consolidating lots
with different owners
Stoneman Program
Mixed‐income
assumptions made

San Marino - HCD Draft Housing Element October 29, 2021

Abundant Housing LA and
Climate Resolve
Leonora Camner‐
Executive Director
Anthony Dedousis‐
Director of Policy and
Research
Chase Englehart‐
Climate Planning and
Resilience Coordinator
02/25/2021
San Marino:
 Exclusionary Zoning in the City is very
similar to Historic Redlining
Boundaries
 Missing‐middle housing is a low‐cost
solution; see examples of by‐right 4‐
plexing in Sacramento

Suggestions:
 Land Trusts and Community
Ownership
 Tax Increment Financing
 Use revenue from greenfield land
declared a park to fund Affordable
Housing development
 Real Estate Transfer Tax; see
example in Culver City
Exclusionary history
addressed
Missing middle program
incorporated
Formation of a Land
Trust incorporated
Program included to
explore funding
mechanisms
Pasadena‐Foothills

REALTORS (PFAR)
Rian Barrett ‐Government
Affairs and Leadership
Development Director
04/12/2021
San Marino:
 Low Housing Inventory
 High median home values compared
to neighboring Pasadena
 Specific/niche market
 Unaffordable to most 1st time
homebuyer
 Houses are on market ~21 days,
previously on market ~41 days

Suggestions:
 Increase Density Bonuses to
incentivize multi‐family housing
development
 Lessen design requirements to make
it easier to build in the City
 Use Prop 19 to get more people to
move to City
Program included to
expand density bonus
program
Program included to
adopt objective design
& development
standards to remove
discretionary reviews

San Marino - HCD Draft Housing Element October 29, 2021

Summary of Community Comments of Draft Housing Element
On July 21, 2021, The City of San Marino published the Draft Version of the 6th Cycle Housing Element Update. In response, the City received 102 public comment letters and emails; of those, 81 were of similar format and substance: opposition to inclusion of the Carver School property on the list of sites to be considered for rezoning. The Carver School site was subsequently removed from the list.

Additional letters were received objecting to the public outreach not including each individual member of the community. One letter was received in support of multi-family housing, mixeduse zoning, and more practical design review standards.

All public comments received by the City have been provided to HCD upon submission of the Draft Housing Element Proposal.

Creation of the Initial Community Outreach List
In November of 2020, the City of San Marino provided the list of potential community stakeholders that had been utilized during the 5th Cycle Housing Element Update. 4LEAF consultants attempted to contact all individuals and organizations on the list via email and/or phone. Two weeks following attempted contact, including many cases where messages were left for named participants, non-responsive participants were removed from the list. The first edits are reflected as strikeouts in Table 42Table 42Table 42Table 39. The final outreach list is provided in Table 43Table 43Table 43Table 40. Additional outreach lists included the City’s senior mailing list; the members of the Chinese Club; and any residents who requested the City to include them in subsequent informational items and notices.

Table 42: Initial Community Outreach List with First Round of Revisions

TYPE ORGANIZATION CONTACT EMAILS PHONE
Developer
A Community of
Friends
Dora Leong Gallo,
Chief Executive Officer [email protected].   (626) 796‐5190 Developer Abode Communities
Robin Hughes,
President & CEO
stephen@ballarchite
cture.com (949) 338‐2679
Special Needs
Arthritis Club of San
Gabriel Valley,
Arthritis Foundation
Krista Conti, Market
Relations Coordinator
Special Needs Assisted Transition Frank Cunningham
avgwinn@silverdaos
enior.com (626) 812‐9777
Realty/
Lending Bank of the West
Marlene Sanchez,
Robert Wongso
marlene.sanchez@b
ankofthewest.com
robert.wongso@ban
kofthewest (626)568‐8300

San Marino - HCD Draft Housing Element October 29, 2021

Special Needs
Better Living
Homecare Services
tim.wang@ctbcbank
usa.com (626) 287‐0716
Special Needs Bienvenidos
Ritchie L. Geisel,
President and CEO
aaaivazian@cbbank.
com (626) 281‐0083
Utilities
California American
Water Company
Brian Barreto,
Southern California
Manager
anita.wong@eastwe
stbank.com (626) 457‐1333
Special Needs
California Drug
Counseling, Inc.

Dr. Carl Rowe,
Executive Director [email protected] (626) 588 3760
Special Needs
Care 4 You ‐ In Home
Care, Homecare
Assistance
Mark Barrett, Gaby
Romero, Head of
Operations
diana.feroyan@wells
fargo.com (626) 795‐3567
Advocacy/
Service
Catholic Big Brothers
Big Sisters
Kenneth Martinet,
President/CEO
isaac.hung@icmreso
urces.com,
info@sanmarinohist
oricalsociety.org
(626) 255‐8158
(626) 304‐9375
Advocacy/
Service
Center For Community
& Family Services
Special Needs CHAP
Margaret B. Martinez,
CEO
devoncorlew@ymca
LA.org (626) 799‐9119
Realty/
Lending
Chinatrust Bank
(U.S.A.) TIm Wang
Advocacy/
Service
Chinese Club of San
Marino
Calvin Lo, Tony Chou,
President
email@steppingston
es.net (626) 449‐5986
Realty/
Lending Citizens Business Bank Anna Aivazian
gromero@homecare
assistance.com
(909) 599‐0555
(626) 609‐9194
Realty/
Lending Coldwell Banker Carson English
Realty/
Lending
Compass Real Estate
Team/Keller Williams Teri Barton, CEO
Advocacy/
Service Crowell Public Library Ann Dallavalle
Realty/
Lending Diamond Point
Realty/
Lending
Dilbeck Realtors
Christie's Great Estates Ray Hayes
[email protected]
om (626) 255‐8158
Realty/
Lending
Dilbeck Realtors/The
Middleman Team Meg Middleman
Realty/
Lending
Dolan & Knight
Property Management
Advocacy/
Service
East San Gabriel Valley
Coalition for the
Homeless
Olivia, Megan Ryan,
Office Manager EAC   (626) 765‐4140
Realty/
Lending East West Bank
Anita Wong, Branch
Manager
megmiddleman@gm
ail.com

San Marino - HCD Draft Housing Element October 29, 2021

Realty/
Lending
First Capital Mortgage
Corporation Steve Kenilvort
marilynsimon@bhhs
cal.com
Special Needs Foothill Family Service
Helen Morran‐Wolf,
Steve Aallen CEO [email protected] (626) 309‐0000
Advocacy/
Service
Friends of The Crowell
Public Library
Maryann Seduski, Vice
‐President   (626) 705‐0637
Special Needs
Greater Los Angeles
Agency on Deafness,
Inc.

Dr. Patricia Hughes,
CEO
[email protected]
m (626) 394‐6216
Special Needs HomeCare 1 (626) 755‐8383
Special Needs
Hope Through Housing
Foundation
George Searcy,
Executive Director
peteloeffler@remax.
net (626) 587‐6711
Government
Housing Authority of
the County of Los
Angeles
Advocacy/
Service Housing Rights Center
Chancela Al‐Mansour,
Executive Director
superintendent@sm
usd.us
(626) 299‐7000
Ext. 1310
Property
Management ICM Resources, Inc. Isaac Hung, President
Special Needs IDEPSCA
Rebeca Ronquillo,
Interim President
brian.barreto@amw
ater (626) 614‐2542
Special Needs Journey House
Fred Wong, Board
President
[email protected]
om (626) 303‐8419
Realty/
Lending Kennedy Capital
K. Kenji Tatsuno,
President [email protected] (626) 333‐7204
Special Needs
Mothers’ Club Family
Learning Center,
Famiies Forward
Learning Center
HECTOR LAFARGA, JR.,
Elva D. Sandoval,
Executive Director
Property
Management NMN Enterprises Bob Nuccio
calmansour@housin
grightscenter.org
(213) 387‐8400
ext. 1111
Realty/
Lending One West Bank Arlene Romero [email protected] (213) 480‐0809 Special Needs
Outward Bound
Adventures (OBA, Inc.)
Gabrielle Wood,
Development Manager
rhughes@abodecom
munities.org
Special Needs Pacific Clinics
Susan Mandel, James
J. Balla, President &
CEO
[email protected]
rg
Realty/
Lending
Pasadena Service
Federal Credit Union Dina Lopez
Realty/
Lending
Pasadena‐Foothills
Assocation of Realtors
mmartinez@chapcar
e.org (626) 993‐1227
Special Needs Peace Over Violence
Patricia Giggans,
Executive Director
(951) 243‐3837
ext. 231
Realty/
Lending PNC Mortgage
kmartinet@catholic
bigbrothers.org (213) 251‐9800

San Marino - HCD Draft Housing Element October 29, 2021

Realty/
Lending
Prudential California
Realty Nina Kirkendall,   (626) 577‐8480
Realty/
Lending
Rate One Financial,
Inc.
pasadenapreschoola
[email protected]
Realty/
Lending
RE/MAX Premier
Properties Pete & Lisa Loeffler (626) 564‐1613
Realty/
Lending Real Estate Heaven Paul Argueta, CEO (951) 764‐5827 Realty/
Lending Region 1 Realty Eugene Sun
mmcbride@sgvhabit
at.org (626) 387‐6899
Special Needs
Rosemary Children's
Services, Victor
Treatment Centers Greg Wessels, CEO
Advocacy/
Service
Rotary Club of San
Marino
Isaac Hung, Charities
President
contact@journeyho
useyouth.org (626) 798‐9478
Realty/
Lending
Roycroft Realty/C I
Management,
Compass Real Estate Dave Melford
elva@FamiliesForwa
rdLC.org
(626‐792‐2687
ext 124
Developer
San Gabriel Valley
Habitat for Humanity
Dr. Sonja Yates,
Executive Director
Marta McBride,
Program Manager   (626) 564‐0844
Advocacy/
Service
San Marino Chamber
of Commerce
Joanna Jimenez,
Sandra Troup,
President
jballa@pacificclinics.
org (626) 254‐5000
Advocacy/
Service San Marino City Club Andrew Yip
patti@peaceoverviol
ence.org
<patti@peaceovervi
olence.org>; (626) 793‐3385
Education
San Marino Unified
School District
Loren Kleinrock, Dr.

Jeff Wilson,
Superintendent
rschwartz@shelterp
artnership.org (213) 688‐2188
Special Needs
Shelter Partnership,
Inc.

Ruth Schwartz,
Executive Director (626) 844‐3033
Special Needs Silverado Senior Living
Vita Gwinn, Regional
Administrator
Jcoran@unionstatio
nhs.org
(626) 240‐4566
Advocacy/
Service
Simple Registration
Services Michael Frias
Realty/
Lending
Soma Warna Real
Estate Services Soma Warna
Advocacy/
Service
South Pasadena‐San
Marino YMCA
Susan Marasco, Devon
Corlew, Senior Branch
Executive Director
Kenji@kennedycorp.
com (626) 440‐9430
Utilities
Southern California
Edison Ronald Garcia
Special Needs Step by Step

San Marino - HCD Draft Housing Element October 29, 2021

Advocacy/
Service
Stepping Stones to
Learning
Anna & George
Hasbun
Special Needs
The Center for Aging
Resources
Vatche Kelartinian,
CEO
Special Needs Union Station
Homeless Services
Rabbi Marvin Gross,
Jeremy J. Coran,
Executive Assistant to
Chief Programs
Officer/
Interim Program
Manager   [email protected]
Realty/
Lending
W.J. Bradley Mortgage
Captial
Realty/
Lending Wells Fargo Bank
Diana Feroyan, Branch
Manager
Table 43: Final Revised Community Outreach List

TYPE ORGANIZATION CONTACT EMAILS TELEPHONE
Architecture Stephen Ball stephen@ballarchite
cture.com (949) 338‐2679
Developer A Community of
Friends
Dora Leong Gallo,
Chief Executive Officer [email protected] (213) 480‐0809
Realty/
Lending Bank of the West Robert Wongso robert.wongso@bankofthewest (626)568‐8300 Utilities California American
Water Company
Brian Barreto,
Southern California
Manager
brian.barreto@amw
ater (626) 614‐2542
Advocacy/
Service
Catholic Big Brothers
Big Sisters
Kenneth Martinet,
President/CEO
kmartinet@catholic
bigbrothers.org (213) 251‐9800
Special Needs CHAP Margaret B. Martinez,
CEO
mmartinez@chapcar
e.org
(626) 993‐1227
Advocacy/
Service
Chinese Club of San
Marino Joanne [email protected] (626) 796‐5190
Realty/
Lending Compass Real Estate Dave Melford (626) 705‐0637 Advocacy/
Service
East San Gabriel Valley
Coalition for the
Homeless
Megan Ryan, Office
Manager EAC   [email protected] (626) 333‐7204
Realty/
Lending East West Bank Anita Wong, BranchManager
anita.wong@eastwe
stbank.com (626) 457‐1333
Special Needs Famiies Forward
Learning Center
Elva D. Sandoval,
Executive Director
elva@FamiliesForwa
rdLC.org
(626‐792‐2687
ext 124

San Marino - HCD Draft Housing Element October 29, 2021

Educational
Facility
Henry E. Huntington
Middle School
(SMUSD)
Daryl Topalian, Vice
Principal
[email protected] (626) 299‐7060
Special Needs Homecare Assistance Gaby Romero, Head of
Operations
gromero@homecare
assistance.com
(909) 599‐0555,
(626) 609‐9194
Advocacy/
Service Housing Rights Center
Chancela Al‐Mansour,
Executive Director
calmansour@housin
grightscenter.org
(213) 387‐8400,
ext. 1111
Property
Management
ICM Resources, Inc. Isaac Hung, President [email protected] om
(626) 255‐8158
Educational
Facility
K.L Carver Elementary
School (SMUSD)
Michael Lin, Principal [email protected] (626) 299‐7080
Realty/
Lending One West Bank Arlene Romero [email protected] (626) 588 3760 Special Needs Pacific Clinics James J. Balla,
President & CEO
jballa@pacificclinics.
org
(626) 254‐5000
Special Needs Peace Over Violence Patricia Giggans,
Executive Director
patti@peaceoverviol
ence.org
<patti@peaceovervi
olence.org>;
(626) 793‐3385
Realty/
Lending
RE/MAX Premier
Properties
Pete & Lisa Loeffler peteloeffler@remax.
net (626) 587‐6711
Realty/
Lending Region 1 Realty Eugene Sun [email protected] (626) 309‐0000 Advocacy/
Service
Rotary Club of San
Marino
Isaac Hung, Charities
President
isaac.hung@icmreso
urces.com,
info@sanmarinohist
oricalsociety.org
(626) 255‐8158,
(626) 304‐9375
Educational
Facility
Saints Felicitas and
Perpetua School
Missy O'Neill, Principal missyoneill@la‐
archdiocese.org (626) 796‐8223
Developer San Gabriel Valley
Habitat for Humanity
mmcbride@sgvhabit
at.org (626) 387‐6899
Educational
Facility
San Marino High
School (SMUSD)
Jason Kurtenbach,
Principal
jkurtenbach@smusd
.us
(626) 299‐7020
Special Needs Shelter Partnership,
Inc.

Ruth Schwartz,
Executive Director
rschwartz@shelterp
artnership.org (213) 688‐2188
Special Needs Silverado Senior Living
Vita Gwinn, Regional
Administrator
avgwinn@silverdaos
enior.com (626) 812‐9777
Realty/
Lending
Soma Warna Real
Estate Services
Soma Warna [email protected]
m
(626) 394‐6216
Advocacy/
Service
South Pasadena‐San
Marino YMCA
Devon Corlew, Senior
Branch Executive
Director
devoncorlew@ymca
LA.org (626) 799‐9119

San Marino - HCD Draft Housing Element October 29, 2021

Utilities Southern California
Edison Ronald Garcia [email protected]
(626) 303‐8419
Educational
Facility
Southwestern
Academy
Robin Jarchow, Head
of School
rjarchow@southwes
ternacademy.edu
(626) 799‐5010
Advocacy/
Service
Stepping Stones to
Learning
Anna & George
Hasbun
email@steppingston
es.net (626) 449‐5986
Special Needs Union Station
Homeless Services
Jeremy J. Coran,
Executive Asst
Interim Program
Manager
Jcoran@unionstatio
nhs.org   (626) 240‐4566
Educational
Facility
W.L.Valentine
Elementary School
(SMUSD)
Alana Faure, Principal [email protected] (626) 299‐7090
Realty/
Lending Wells Fargo Bank Diana Feroyan, BranchManager
diana.feroyan@wells
fargo.com (626) 795‐3567
ATTACHMENT A: COMMUNITY SURVEY RESULTS
One part of the community outreach and engagement plan included the distribution of community opinion surveys about housing needs and opportunities in San Marino. These surveys were designed to that they could be accessed and completed via cell phone in order to ensure equal access to households without internet connections. The surveys were conducted in the City’s three dominant languages (Chinese, English, and Spanish) to ensure that all residents had an opportunity to participate in the language that they felt most comfortable with. Multiple digital and social media platforms were used to facilitate the public input. Fill-in responses to questions are listed above, in Table 35: Public Comments and Incorporation into Housing ElementTable 35:

Public Comments and Incorporation into Housing ElementTable 35: Public Comments and Incorporation into Housing ElementTable 32. The remaining results of the community opinion surveys (all languages compiled) are presented here.

San Marino - HCD Draft Housing Element October 29, 2021

Q1 Answer Choice Responses:

Need housing choices in lower price range   39.02% 32
Need more housing for seniors   10.98% 9
Need lower‐cost rental housing   20.73% 17
Need homes that are affordable to first‐time homebuyers   39.02% 32 San Marino needs housing for people who work here   15.85% 13 All of San Marino’s housing needs are being met   37.80% 31 Other (please specify) 12.20% 10

San Marino - HCD Draft Housing Element October 29, 2021

Q2 Answer Choice Responses:

Housing priced so that my children can afford to live here    42.35%   36 Businesses will need housing affordable to their workers   17.65%   15 Housing will need to be priced to attract new families to San Marino 49.41%   42 Older homes will be deteriorating and in need of repair   64.71%   55 Our aging population will need accessible, well‐designed housing options   34.12%   29 Other (please specify) 8.24%   7

San Marino - HCD Draft Housing Element October 29, 2021

Q3 Answer Choice Responses:

Disagree Neutral/
No
Opinion
Agree
It is important to preserve San Marino’s historic architecture   10.47% 9 23.26%
20 66.28%
57 There are no entry‐level homes to purchase in San Marino Rental prices in San Marino are too high

25.88%
22 40.00%
34 34.12%
29 Some of the older homes in San Marino need rehabilitation   5.81% 5 22.09%
19 72.09%
62 My children can’t afford to live here in San Marino   10.47% 9 31.40%
27 58.14%
50 There are not enough housing options in San Marino   24.42% 21 29.07%
25 46.51%
40 Some seniors need assistance to remain in their homes   8.14% 7 30.23%
26 61.63%
53 San Marino should allow some apartments to be built   63.95% 55 11.63%
10 24.42%
21 It is important to preserve San Marino’s neighborhoods   3.49% 3 13.95%
12 82.56%
71 My housing costs have increased in the last 5 years   15.29% 13 22.35%
19 62.35%
53

San Marino - HCD Draft Housing Element October 29, 2021

People who work in San Marino can’t afford to live here   7.06% 6 32.94%
28 60.00%
51 There should not be any apartments in San Marino unless they look like our existing houses

39.29%
33 14.29%
12 46.43%
39 San Marino needs more housing options for all income levels 53.49% 46 16.28%
14 30.23%
26 Q4 Answer Choice Responses:
1 2 3 4 5
Accessory dwelling units (second units/granny
units/junior units)

29.41%
20 39.71%
27 16.18%
11 7.35%
5 7.35%
5 Smaller single‐family dwellings/cottages   4.62%
3 3.08%
2 13.85%
9 18.46%
12 60.00%
39 Group or dormitory housing on school campuses
or public facility properties

5.63%
4 9.86%
7 35.21%
25 26.76%
19 22.54%
16 Alternative housing types like tiny homes,
work/live spaces, and intentional communities

15.19%
12 17.72%
14 21.52%
17 27.85%
22 17.72%
14 Independent senior housing 29.41%
20 39.71%
27 16.18%
11 7.35%
5 7.35%
5

San Marino - HCD Draft Housing Element October 29, 2021

THIS PAGE LEFT BLANK INTENTIONALLY

Edits to the November 1, 2021, Draft Housing Element
See Exhibit C-A for HCD Letter without comments underlined See Attachment D for HCD Letter with comments underlined HCD
Comment # and
Topic
HCD Comments
Dated 12/31/2021
Response Note or
Page
Number
A. Review and Revision
A1. Previous (5th
Cycle Housing
Element
Programs
Table 4 must be revised
to describe the actual
results of the prior
element’s programs
(quantified where
possible), compare those
results to the objectives
projected or planned,
and based on an
evaluation of any
differences between
what was planned
versus achieved, provide
a description of how the
objectives and programs
of the updated element
incorporate changes
resulting from the
evaluation
Table 4 has been revised to further
describe the results of the Housing
Element 5th Cycle programs.

Further, Table 4 now details 6th
Cycle programs that update and
continue prior cycle programs.

Pages 19-
22 Additional text added to Housing
Element section 2.14, and 2.15
linking the housing units detailed in
Table 3 to the programs in Table 4.

Pages 29 -
27 In addition, as part of the
evaluation of programs
in the past cycle, the
element must provide an
explanation of the
effectiveness of goals,
policies, and related
actions in meeting the
housing needs of special
needs populations (e.g.,
elderly, persons with
disabilities, large
households, female
headed households,
farmworkers and
persons experiencing
homelessness).

Additional text added to Housing
Element Section 2.14 detailing
which populations are served by
the housing production detailed in
Table 3a.

21 B. Housing Needs, Resources, and Constraints
B1.1
Regional
Analysis and
Analysis of
Trends and
Patterns
The element generally
describes local data but
must also analyze San
Marino relative to the
rest of the region
regarding enforcement
Additional text provided detailing
San Marino, in relation to the
region in the context of
enforcement of fair housing issues.

Pages 104 -
108

Edits to the November 1, 2021, Draft Housing Element
See Exhibit C-A for HCD Letter without comments underlined See Attachment D for HCD Letter with comments underlined HCD
Comment # and
Topic
HCD Comments
Dated 12/31/2021
Response Note or
Page
Number
and outreach,
integration, and
segregation, racially and
ethnically concentrated
areas of poverty
(R/ECAP) and areas of
affluence, disparities in
access to opportunity,
and disproportionate
housing needs and
displacement risks.

In addition, wherever
possible, the analysis
and summary should
include a discussion at a
geographic level
appropriate to better
determine any locational
trends
Segregation: Additional Analysis
and Added map with regional
comparisons:

Figures 22-28.

Pages 104 -
108
Income/Poverty: Added additional
analysis and maps with regional
comparison
Figure 35-29
Pages 114-
117
Added updated dissimilarity Index
date is not available for San Marino
A Diversity Index has been
provided with regional comparison
Table 28; Figure 29
Pages 109-
110
Familial Status: Added additional
analysis and maps with regional
comparison Figures 30-32
Pages 114-
117
Disability: Added additionally
analysis, resources available and
map with regional comparison:

Figure 34; Table 31
Page. 115
B1.2
Fair Housing
Enforcement
and Outreach
The element must
include the City’s ability
to provide enforcement
and outreach capacity
which can consist of
actions such as the
Added additional regional
comparative analysis, location
affordability index, and summary of
issues
Pages. 118-
119

Edits to the November 1, 2021, Draft Housing Element
See Exhibit C-A for HCD Letter without comments underlined See Attachment D for HCD Letter with comments underlined HCD
Comment # and
Topic
HCD Comments
Dated 12/31/2021
Response Note or
Page
Number
City’s ability to
investigate complaints,
obtain remedies, or the
City’s ability to engage in
fair housing testing. The
element must address
compliance with existing
fair housing laws and
regulations; findings,
lawsuits, enforcement
actions, settlements, or
judgements related to
fair housing or civil
rights; and summarize
fair housing issues
related to enforcement
and outreach capacity
and the relationship to
other fair housing issues
(e.g., segregation and
integration, racially and
ethnically concentrated
areas of poverty, etc.).

Added Fair Housing Education and
Enforcement at Regional Level
Page. 100
The City is adding a program to
provide facilitation of Fair Housing
assistance programs available
through Los Angeles County and
provide relevant info and links on
the City website
Pages 40-
41 B1.3
Integration and
Segregation

The element must
analyze segregation and
integration of familial
status. The element
must also analyze
segregation and
integration of race,
familial status, disability,
and income locally and
regionally for patterns
over time,
complemented by data,
and concluding with a
summary of issues. To
strengthen the analysis
for race, the element
could include updated
dissimilarity index data.

Added summary of compliance
with Fair Housing Laws in Fair
Housing Complaints Subsection
Page. 101
Segregation: Additional Analysis
and Added map with regional
comparisons:

Figures 22-28.

Pages 107 -
112
Added updated dissimilarity Index
with regional comparison
Table 28; Figure 29
Pages 109-
110
Familial Status: Added additional
analysis and maps with regional
comparison Figures 30-32
Pages 111-
112
Disability: Added additional
analysis, resources available and
map with regional comparison:

Figure 34; Table 31
Page. 117

Edits to the November 1, 2021, Draft Housing Element
See Exhibit C-A for HCD Letter without comments underlined See Attachment D for HCD Letter with comments underlined HCD
Comment # and
Topic
HCD Comments
Dated 12/31/2021
Response Note or
Page
Number
Income/Poverty: Added additional
analysis and maps with regional
comparison
Figure 35-29
Pages 114-
117
B1.4
R/ECAPs &
RCAAs
The element should
analyze some of the
census tracts that have
significantly higher rates
of white [sic] population
and income as RCAA
and compare both this
analysis, and R/ECAPs
to the neighboring
region.

Summary of Issues added. Page. 117
There are no census tracts with
higher rates of white pop/income.

The entire City is an area of
affluence.

B1.5
Disparities in
Access to
Opportunity
A complete analysis
should include the local
and regional disparities
of the educational,
environmental, and
economic scores through
local, federal, and/or
state data.
[Identify] specific
factors[[affecting] access
to opportunities as it
pertains to educational,
employment,
environmental,
transportation, that are
unique to San Marino.

Added additional regional
comparative analysis, location
affordability index, and summary of
issues
Pages. 118-
119
Added updated opportunity index
map with regional comparison
Figures 41-43, 46
Pages 121-
126
Added all Transit scores and
regional comparison
Page. 125

Edits to the November 1, 2021, Draft Housing Element
See Exhibit C-A for HCD Letter without comments underlined See Attachment D for HCD Letter with comments underlined HCD
Comment # and
Topic
HCD Comments
Dated 12/31/2021
Response Note or
Page
Number
B1.6
Disproportionate
Housing Needs
and
Displacement
The element must also
analyze the data
including looking at
trends, patterns, and
other local knowledge,
and conclude with a
summary of issues.

The SCAG Data in the Housing
Element is relied upon in this
analysis and is further augmented
by the City of San Marino: Insight
Market Analysis, prepared by HdL
ECON Solutions, in 2019. The
analysis further informs the local
and regional housing and
commercial market conditions and
has been added to the Housing
Element technical analysis in
Section IV Technical Background
Report and is included as a new
Appendix C.

New
Appendix C
B1.7
Identification
and
Prioritization of
Contributing
Factors
The element must list
and prioritize contributing
factors to fair housing
issues. Contributing
factors create, contribute
to, perpetuate, or
increase the severity of
fair housing issues and
are fundamental to
adequate goals and
actions. Examples
include community
opposition to affordable
housing, housing
discrimination, land use
and zoning laws, lack of
regional cooperation,
location and type or lack
Local Data required to create
summary of issues is currently not
available to the City to inform
preparation of Summary of
Regional Fair Housing Issues and
Contributing Factors. The SCAG
Data in the Housing Element is
relied upon in this analysis
Page. 97
Added Summary of Local Fair
Housing Issues and Contributing
Factors.

Page. 97

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Number
of affordable housing
and lack of public or
private investment in
areas of opportunity or
affordable housing
choices.

The analysis shall result
in strategic approaches
to inform and connect
goals and actions to
mitigate contributing
factors to affordable
housing.

Expanded discussion of history of
exclusionary practices and reversal
of displacement.

Pages. 98-
100
B1.8
Site Inventory
The element must
include an analysis
demonstrating whether
sites identified to meet
the RHNA are distributed
throughout the
community in a manner
that affirmatively furthers
fair housing. A full
analysis should address
the income categories of
identified sites with
respect to location, the
number of sites and units
by all income groups and
how that effects the
existing patterns for all
components of the
assessment of fair
housing (e.g.,
segregation and
integration, access to
opportunity). The
element should also
discuss whether the
distribution of sites
improves or exacerbates
conditions. If sites
exacerbate conditions,
the element should
identify further program
actions that will be taken
to mitigate this (e.g.,
anti-displacement
strategies).

Already addressed in Housing
Element as all of San Marino is
High resource:
-Sites are included throughout the
community
-Included sites along commercial
corridor as well as throughout
existing residential, in center of city
as well as on edge
-Overcoming exclusionary SFR
through program to allow MF at a
feasible density for lower incomes
See Figures
14 through
17

Edits to the November 1, 2021, Draft Housing Element
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B1.9
Goals, Priorities,
Metrics, and
Milestones
Goals and actions must
significantly seek to
overcome contributing
factors to fair housing
issues. Currently, the
element identifies a
program to provide fair
housing services through
the Fair Housing
Foundation; however,
this program does not
appear to facilitate any
meaningful change nor
address AFFH
requirements.

Furthermore, the
element must include
metrics and milestones
for evaluating progress
on programs, actions,
and fair housing results.

The element may need
to include additional
programs and actions to
integrate the AFFH
analysis into policies and
programs.

Section 2.2.2 (RHNA Shortfall)
discusses rehabilitation and
funding sources.

B2.1
Units in Need of
Rehabilitation or
Replacement
The element identifies
(page 106) substandard
housing. However, it
must include analysis of
the condition of the
existing housing stock
and estimate the number
of units in need of
rehabilitation and
replacement. For
example…estimates
from the code
enforcement agency.

Rarely is substandard housing
conditions or other health and
safety issues reported in San
Marino, as discussed on page 86.

Section 4.3.1 Resources: Housing
Assistance Programs beginning on
page 71 details available resources
for addressing rehabilitation of
units if the City or community
chooses to participate.

and
B2.2
Overpayment –
Income
Category and
Tenure
While the element
identifies (page 10) the
total number of
overpaying households,
it must quantify and
analyze the number of
overpaying households
by tenure (i.e., renter
and owner) and the
lower-income
This action was completed with
submittal of the Draft Housing
Element on November 1, 2021,
based on the information in the
SCAG Data in Appendix A.

Edits to the November 1, 2021, Draft Housing Element
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Number
households paying more
than 30 percent of their
income on housing
B3.1 Sites
Inventory
/Electronic Sites
The City must utilize
standards, forms, and
definitions adopted by
HCD when preparing the
sites inventory.

Comment addressed in Section 3.2
Development Capacity
Assumptions,
Section 3.3 Realistic Capacity of
Other Sites Allowing Housing
Draft HE dated 11/1/2021
Pages 45 - 53
However, see response to
Comments B.3.3 and B.3.4 below
that discuss revisions to the
Housing Overlay to facilitate
development of affordable housing
on small and non-vacant sites.

B3.2 Realistic
Capacity
Comment addressed in Section 3.2
Development Capacity
Assumptions, Draft HE dated
11/1/2021
Pages 45 - 53
The Affordable Housing Shortfall
Programs in Housing Element
Section II Housing Strategy
including 1.6, 1.7, 1.11, and 1.12
are revised to include time certain
adherence to the City’s recently
adopted SB35 Ministerial Approval
process for all projects that provide
a beneficial impact that meet the
City’s housing goals, particularly
the RHNA goals for ELI/LI/MI
housing levels.

Additional text added to the
Housing Overlay to facilitate
development of housing on small
sites or sites with existing
development. The changes would:
▪ Incentivize site mergers in the
C-1 zone that would facilitate
the feasibility of projects that
would provide housing that
Pages 28 -
35

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meet the Housing Elements
affordable housing goals.
▪ Amend the SB 35 Guidelines
to facilitate preparation of
objective design standards and
guidelines for integrated
housing and commercial
projects in areas within the
Housing Overlay. The objective
design standards will establish
a San Marino focused design
theme.
▪ In the Housing Overlay, allow
100% housing on sites located
in the C-1 zone without a
frontage on Huntington Drive
with a minimum density of 20
units per acre and a minimum
of 16 units per site. On these
sites, at least 50 percent of the
lower income need must be
accommodated by residential
use only or require that a
residential use occupy 50
percent of the total floor area of
an integrated housing and
commercial use project.
▪ For projects which comply with
the SB 35 Guidelines, permit
owner-occupied and leased
multifamily uses by-right for
developments in which 20
percent or more of the units
are affordable to lower income
households
▪ Require 20% of housing units
be made affordable to
ELI/LI/MI income levels
▪ The City will perform a fiscal
analysis on these sites prior to
creation of an overlay zone to
identify all fiscal barriers to the
creation of affordable housing.

This pro forma analysis will
identify land values, proposed
zoning density, objective

Edits to the November 1, 2021, Draft Housing Element
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standards, construction costs,
market analysis with estimated
sales price or rental value. If an
affordability gap is identified,
the City will offer fee waivers
for (on a case-by-case basis),
and expedited plan check
review to facilitate projects for
moderate, low, and very lowincome housing.

B3.3 Small Sites Sites smaller than a halfacre in size are deemed inadequate to
accommodate housing
for lower-income
households unless it is
demonstrated, with
sufficient evidence, that
sites are suitable to
accommodate housing
for lower-income
households. The
element should provide
specific examples with
the densities and
affordability. For sites
expected to be
aggregated, the element
must describe
circumstances leading to
consolidation, such as
common ownership, the
City’s role or track record
in facilitating small-lot
consolidation, policies or
incentives offered or
proposed to encourage
and facilitate lot
consolidation, specific
examples of projects that
were built for lowerincome households on
similarly sized sites,
densities and
affordability and relate
those examples back to
the sites inventory.

Based on a complete
analysis, the City should
consider adding or
See the See response to Comment
B5, above.

Comment addressed in Section 3.2
Development Capacity
Assumptions,
Section 3.3 Realistic Capacity of
Other Sites Allowing Housing
Draft HE dated 11/1/2021
Pages 45 - 53
The analysis on page 42 has been
revised to further detail Community
Development Department review of
reviewed existing vacant and
underutilized development (banks,
parking structures, and partially
vacant commercial buildings).

The pro forma level analysis
described in the response to
comment B3.2 will apply to nonvacant sites.

Pages 28 -
35

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revising programs to
include incentives for
facilitating development
on small sites.

B3.4 Suitability
of Nonvacant
Sites:

The element must
describe the
methodology used to
determine the additional
development potential
within the planning
period.

See response to Comments B5
and B6 below.

Pages 28 -
35 The methodology must
consider factors
including the extent to
which existing uses may
impede additional
residential development,
development trends,
market conditions, any
existing leases or other
contracts that would
perpetuate the existing
use or prevent
redevelopment of the
site for additional
residential development,
and regulatory or other
incentives or standards
to encourage additional
residential development
on these sites.

City staff has interactions with local
commercial real estate brokers and
has contacts with local housing and
adaptive reuse developers with
experience in the San Gabriel
Valley Region. The proposed
Housing Overlay and above
revisions reflect the Community
Development Department’s
knowledge of the constraints to
housing development in San
Marino and in the region. Revisions
to programs discussed in response
to Comments B5 and the above
issues address barriers to
development on non-vacant sites in
the C-1 zone.

For nonresidential sites,
the inventory could also
describe whether the use
is operating, marginal or
discontinued, and the
condition of the structure
or could describe any
expressed interest in
redevelopment. The
element could also
discuss conversations
with property owners and
institutions to
demonstrate interest in
residential development.

This information is included in the
Draft Housing Element. However,
additional relevant language is
being added as detailed in the
response to Comments B5 and B-6
Above.

Edits to the November 1, 2021, Draft Housing Element
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B3.5 Missing
Middle
Projections
To utilize projections, the
element must 1) include
a site-specific inventory
of sites where the
ordinance is being
applied to 2) include a
nonvacant sites analysis
demonstrating the
likelihood of
redevelopment and that
the existing use will not
constitute as an
impediment for additional
residential use and 3)
include programs and
policies that establish
zoning and development
standards early in the
planning period.

Comment addressed in Program

1.8;
Requisite inventory and sites
addressed in Section 3.2
Development Capacity
Assumptions, and Section 3.3
Realistic Capacity of Other Sites
Allowing Housing,
Draft HE dated 11/1/2021
Pages 45 – 53
Pages 35 &
36 B3.6 Accessory
Dwelling Units
(ADU):

The element should
include in Program 1.3 to
update the City’s ADU
and zoning ordinances to
comply with state law
Program 1.3 has been revised to
reflect updating the ADU and
zoning ordinances to comply with
state law.

These uses will be integrated in
Housing Overlay subject to
objective design and performance
standards specific to this use.

Programs 1.1 and 1.2 updated to
include annual reporting for RHNA
monitoring.

Pages 31 &
32 B3.7. Sites with
Zoning for a
Variety of
Housing Types
Emergency Shelters:

The housing element
must demonstrate the
permit processing,
development, and
management standards
for emergency shelters
are consistent with
Government Code
section 65583 (a)(4)(A).

While housing element
law does allow a
jurisdiction to limit the
number of beds or
persons permitted to be
served nightly by a
facility, standards must
be designed to
Emergency shelters are permitted
by right with development
standards allowed in the C-1 zone.

These uses will be integrated with
the Housing Overlay subject to
objective design standards specific
to this use.

and Page
81

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encourage and facilitate
the development of,
or conversion to, an
emergency shelter. The
element must analyze
the ten-bed limit as a
potential constraint for
the development of
emergency shelters and
ensure that parking
standards only reflect the
need for sufficient
parking to accommodate
all staff working in the
emergency shelter. In
addition, the element
must demonstrate the
commercial zone has
sufficient capacity to
accommodate the
housing need for at least
one emergency shelters
[sic].

Low Barrier Navigation
Centers: Low Barrier
Navigation Centers shall
be a use by- right in
zones where multifamily
and mixed uses are
permitted
The element must
demonstrate compliance
with this requirement and
include programs as
appropriate.

Low Barrier Navigation Centers are
permitted by right with
development standards allowed in
the C-1 zone.

These uses will be integrated with
the Housing Overlay subject to
objective design and performance
standards specific to this use.

and Page
81 Permanent Supportive
Housing: Supportive
housing shall be a use
by-right in zones where
multifamily and mixed
uses are permitted,
including nonresidential
zones permitting
multifamily uses
pursuant to Government
Code section 65651. The
element must
demonstrate compliance
with this requirement and
See response to Comments B.3.3
and B.3.4, above, that discuss
revisions to the Housing Overlay to
facilitate development of affordable
housing on small and non-vacant
sites.

Edits to the November 1, 2021, Draft Housing Element
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include programs as
appropriate
B.4.1 Land Use
and
Development
Standards
While HCD recognizes
that zoning has not yet
been created to
implement new overlays
to accommodate
multifamily housing, the
element should describe
and commit to
expectations for
development standards
in these zones.

See response to Comments B.3.3
and B.3.4, above, that discuss
revisions to the Housing Overlay to
incorporate of objective design
standards in the C-1 zone to
facilitate development of housing
consistent with the Housing
Element affordability goals.

B.4.2 Design
Review
The element must
describe and analyze the
design review guidelines,
including approval
procedures and
decision-making criteria,
for their impact as
potential constraints on
housing supply and
affordability.

The element must
demonstrate this process
is not a constraint or it
must include a
program to address this
permitting requirement,
as appropriate.

The Housing Element will analyze
the neighbor review process for
integration with objective
standards.

Objective standards would be
amended to improve development
certainty and mitigate cost impacts
to housing affordability to the
extent possible as part of
compliance with state law.

94 B.4.3 Local
Ordinances
The element must
specifically analyze
locally adopted
ordinances such as
inclusionary ordinances
or short-term rental
ordinances that directly
impact the cost and
supply of residential
development
The City’s website is up to date
with the most current fee schedule
and all zoning and development
standards are posted consistent
with Government Code section
65940.

Edits to the November 1, 2021, Draft Housing Element
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B.4.4 Zoning
and Fees
Transparency
The element must clarify
its compliance with new
transparency
requirements for posting
updated development
fees and all zoning and
development standards
for each parcel on the
City’s website
The City recently adopted an
ordinance for SB9 urban lot splitsOrdinance No. 0-21-1386, and City Council Resolution No. R-21-35
with attachments. The draft
resolution adopted more detailed
design standards. This in turn
provides the City with flexibility to
modify the standards over time.

The Resolution went into effect
immediately upon adoption to
comply with SB35 Objective
Design Standards in the Zone. This
ordinance, which creates urban lot
splits, requires the following: “Prior
to occupancy, the City Manager, or
designee, shall approve an
Affordable Housing Regulatory
Agreement governing and
encumbering one of the units on
the two-unit residential
development and ensuring longterm affordability of the incomerestricted unit. The Affordable Housing Regulatory Agreement
shall be for a term of 99 years. The
Affordable Housing Regulatory
Agreement shall be executed by
the City Manager, or designee, and
the applicant prior to occupancy.

The affordable unit must be
occupied by an extremely low, very
low- or low-income household,
subject to the income limits
established by HCD for the Los
Angeles/Long Beach metropolitan
area. If the unit is leased, the
property owner must submit a copy
of the lease and any sublease to
the City. Any lease or sublease
must comply with the Affordable
Housing Regulatory Agreement.

The property owner must agree to
a yearly inspection to verify
compliance with the Affordable
Housing Regulatory Agreement.

The property owner must pay the
annual inspection fee as set forth in
the City’s fee and fine resolution.

Table 4 has
been
revised to
reflect this
achievement

Edits to the November 1, 2021, Draft Housing Element
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B.4.5 SB 35
Streamlined
Ministerial
Approval
Process
The element must
include a program to
adhere to the SB 35
Ministerial Approval
Process for development
projects that meet
specific requirements.

The city will revise the Housing
Element to clarify permitting
requirements for
▪ Residential care facilities
serving seven or more persons
and
▪ Unlicensed group homes
to identify and address any
potential constraint on housing for
persons with disabilities
B.4.6
Constraints on
Housing for
Persons with
Disabilities
The element should also
describe the process and
decision-making criteria
such as approval
findings and analyze any
potential constraints on
housing for persons with
disabilities. The element
currently details that
licensed residential care
facilities serving six or
fewer persons are
permitted in the R-1
zone. However, it does
not discuss how
residential care facilities
serving seven or more
persons are permitted. If
non-licensed group
homes are only allowed
with a conditional use
permit, the element
should analyze the
process as a potential
constraint on housing for
persons with disabilities
and add or modify
programs as appropriate
to ensure zoning permits
group homes objectively
with approval certainty
The City shall revise the text in this
section to address potential for
language directed to overnight
stays that may add constraints on
persons with disabilities as
summarized in Table 4.

Pages 22 -
28 “This shall not include an
individual paying rent to
a landlord for the
purpose of temporarily
residing in a dwelling
unit.” The element must
clarify what is meant by
this phrase and analyze
its inclusion for potential
The SCAG Data Set in the Housing
Element Update includes data on
these groups.

Edits to the November 1, 2021, Draft Housing Element
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constraints on persons
with disabilities.

B6.1 General [The element] must
provide an analysis of
the existing needs and
resources for each
special need group
including seniors,
female- headed
households, large
householders, and
extremely low-income
(ELI) households. For
example, the element
should discuss the
existing resources to
meet housing needs
(availability of shelter
beds, number of large
units, number of deed
restricted units, etc.,), an
assessment of any gaps
in resources
The SCAG Data Set in the Housing
Element Update includes data on
this groups.

B6.2 Extremely
Low-Income
Households
(ELI)
[The element] it must
also analyze their
housing needs.

The SCAG Data Set in the Housing
Element Update includes data on
this groups.

C Housing Programs
C1.1 All
Programs
[The element programs
text shall be revised to
include] specific
commitment[s] to
deliverables, measurable
metrics or objectives,
definitive deadlines,
dates, or benchmarks for
implementation.

Programs containing
unclear language (e.g.,
Programs text throughout Section II
have been reviewed and edited to
remove unclear language and
insert specific and measurable
actions.

Pages 26 -
39

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“Evaluate;” “Consider;”
“Encourage;” etc.) must
be amended to include
more specific and
measurable actions
C.2.1
Shortfall of
Adequate Sites
[Housing Element]
programs must
specifically commit to
acreage, allowable
densities, and
anticipated units. In
addition, the program
should specifically
commit to rezoning.

The program must
commit to permit owneroccupied and rental
multifamily uses by-right
for developments in
which 20 percent or
more of the units are
affordable to lower
income households. Byright means local
government review must
not require a conditional
use permit, planned unit
development permit, or
other discretionary
review or approval.
▪ accommodate a
minimum of 16 units
per site;
▪ require a minimum
density of 20 units
per acre; and
▪ at least 50 percent of
the lower-income
need must be
accommodated on
sites designated for
residential use only
or on sites zoned for
mixed uses that
accommodate all of
the very low and lowincome housing
need, if those sites:

See response to Comments B.3.3
and B.3.4 above that discuss
revisions to the Housing Overlay to
facilitate development of affordable
housing on small and non-vacant
sites.

Edits to the November 1, 2021, Draft Housing Element
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▪ allow 100 percent
residential use, and
▪ require residential
use occupy 50
percent of the total
floor area of a
mixed-use project.

C.2.2 Program

1.15 While this program
commits to the City
following the Surplus
Lands Act for sites such
as the City-owned
Stoneman property, it
does not commit to the
other action items
outlined on page 50
including instigating the
lot split, rezoning, the
release of the request for
proposals, and other
actions necessary to
facilitate development of
this site within the
planning period
Program 1.15 has been revised to
include City facilitation of the lot
split, rezoning and release of a
request for proposals to facilitate
affordable housing development of
the Stoneman site and other city
properties.

C.2.3 Programs
to Facilitate
Redevelopment
of Nonvacant
Sites
In addition, if the housing
element relies upon
nonvacant sites to
accommodate more than
50 percent of the RHNA
for lower income
households, the housing
element must
demonstrate that the
existing use is not an
impediment to additional
residential development
in the planning period
(Gov. Code, § 65583.2,
subd. (g)(2).). This can
be demonstrated by
providing substantial
evidence that the
existing use is likely to
be discontinued during
the planning period.

Section 3.4.1 addresses the
rezoning and code changes
proposed to address the RHNA
shortfall.

See response to Comments B.3.3
and B.3.4 above that discuss
revisions to the Housing Overlay to
facilitate development of affordable
housing on small and non-vacant
sites.

Edits to the November 1, 2021, Draft Housing Element
See Exhibit C-A for HCD Letter without comments underlined See Attachment D for HCD Letter with comments underlined HCD
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C.3.1 Adequate
Affordable
Housing
Programs
The element must
include a program(s)
with specific actions and
timelines to assist in the
development of housing
for lower-income
households, including
ELI and special needs
households. The
program(s) could commit
the City to adopting
priority processing,
granting fee waivers or
deferrals, modifying
development standards,
granting concessions
and incentives for
housing developments
that include units
affordable to ELI and
special needs
households; proactive
outreach and assistance
to non-profit service
providers and
developers; prioritizing
some funding for
housing developments
with ELI and special
needs households;
assisting, supporting, or
pursuing funding
applications; and annual
outreach with housing
developers to
See response to Comments B.3.3
and B.3.4 above that discuss
revisions to the Housing Overlay to
facilitate development of affordable
housing on small and nonvacant
sites and overcome other barriers
to development in the community.

C4.1 Remove
Governmental
and Nongovernmental
Barriers to
Development
See response to B4 and B5 and
C.3.1 above.

C.5.1 AFFH
Programs
The element must be
revised to add goals and
actions based on the
outcomes of a complete
analysis [of AFFH] For
example, the element
could include a program
committing to implement
See AFFH revisions detailed in
responses to comments B.1.1
through B1.7 above.

Edits to the November 1, 2021, Draft Housing Element
See Exhibit C-A for HCD Letter without comments underlined See Attachment D for HCD Letter with comments underlined HCD
Comment # and
Topic
HCD Comments
Dated 12/31/2021
Response Note or
Page
Number
Government Code
section 8899.50(b)
D. Quantified Objectives
D.1.1.

Preservation of
Housing units
The element must also
describe any
conservation or
preservation objectives
and describe
rehabilitation by income
category
Conservation of units is detailed in
the Housing Element by income
category in Table 3. Additional text
is added to Section II to elaborate
how Housing Element programs
contribute to the conservation of
existing housing stock.

Pages 29 -

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
Alex Hamilton, Interim Director
Community Development Department
City of San Marino
2200 Huntington Drive
San Marino, CA 91108
Dear Alex Hamilton:

RE: City of San Marino’s 6th Cycle (2021-2029) Draft Housing Element Thank you for submitting the City of San Marino’s (City) draft housing element received for review on November 1, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a telephone conversation on December 30, 2022 with you and Bret K. McNulty, the City’s consultant. In addition, HCD considered comments from several private citizens pursuant to Government Code section 65585, subdivision (c).

The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).

The enclosed Appendix describes revisions needed to comply with State Housing Element Law.

As a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).

December 31, 2021

Alex Hamilton, Interim Director

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and
http://opr.ca.gov/docs/Final_6.26.15.pdf.

HCD is committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Molivann Phlong, of our staff, at [email protected].

Sincerely,
Melinda Coy
Senior Housing Accountability Manager
Enclosure

City of San Marino’s 6th Cycle Draft Housing Element Page 1 December 31, 2021

APPENDIX

CITY OF SAN MARINO
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.

Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.

A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
A thorough program-by-program review is necessary to evaluate City's performance in addressing housing goals. Table 4 must be revised to describe the actual results of the prior element’s programs (quantified where possible), compare those results to the objectives projected or planned, and based on an evaluation of any differences between what was planned versus achieved, provide a description of how the objectives and programs of the updated element incorporate changes resulting from the evaluation. This information and analysis provide the basis for developing a more effective housing program.

In addition, as part of the evaluation of programs in the past cycle, the element must provide an explanation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female headed households, farmworkers and persons experiencing homelessness).

B. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Regional Analysis and Analysis of Trends and Patterns: The element generally describes local data but must also analyze San Marino relative to the rest of the region regarding enforcement and outreach, integration, and segregation, racially and ethnically concentrated areas of poverty (R/ECAP) and areas of affluence, disparities in access to opportunity, and disproportionate housing needs and displacement risks.

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In addition, wherever possible, the analysis and summary should include a discussion at a geographic level appropriate to better determine any locational trends—simply reporting information at a city-wide level will not fully display patterns and impacts on protected characteristics. Examples of appropriate geographic levels include census tracts, block groups, neighborhoods, housing development, or any other sub-section of a locality.

Fair Housing Enforcement and Outreach: The element provides (page 90) some information on Fair Housing enforcement and public outreach. However, the element must include the City’s ability to provide enforcement and outreach capacity which can consist of actions such as the City’s ability to investigate complaints, obtain remedies, or the City’s ability to engage in fair housing testing. The element must address compliance with existing fair housing laws and regulations; findings, lawsuits, enforcement actions, settlements, or judgements related to fair housing or civil rights; and summarize fair housing issues related to enforcement and outreach capacity and the relationship to other fair housing issues (e.g., segregation and integration, racially and ethnically concentrated areas of poverty, etc.).

Integration and Segregation: The element includes some local data and analysis on integration and segregation (page 91); however, the element must analyze segregation and integration of familial status. The element must also analyze segregation and integration of race, familial status, disability, and income locally and regionally for patterns over time, complemented by data, and concluding with a summary of issues. To strengthen the analysis for race, the element could include updated dissimilarity index data.

Racial/Ethnic Concentrated Areas of Poverty (R/ECAP) and Affluence (RCAA): The element notes there are no R/ECAPs in the City and states that there are no RCAAs given the equal distribution of wealth within City limits (page 106). However, the element should analyze some of the census tracts that have significantly higher rates of white population and income as RCAA and compare both this analysis, and R/ECAPs to the neighboring region.

Disparities in Access to Opportunity: The element provides (page 97) some information on the access to opportunity. A complete analysis should include the locally and regional disparities of the educational, environmental, and economic scores through local, federal, and/or state data. Please refer to page 35 of the Affirmatively Furthering Fair Housing (AFFH) guidebook (link:
https://www.hcd.ca.gov/community-development/affh/index.shtml#guidance) for specific factors that should be considered when analyzing access to opportunities as it pertains to educational, employment, environmental, transportation, and any factors that are unique to San Marino.

Disproportionate Housing Needs and Displacement: The element does include (page 104) some data on disproportionate housing needs and displacement. However, the element must also analyze the data including looking at trends, patterns, and other local knowledge, and conclude with a summary of issues.

City of San Marino’s 6th Cycle Draft Housing Element Page 3 December 31, 2021
Identification and Prioritization Contributing Factors: The element must list and prioritize contributing factors to fair housing issues. Contributing factors create, contribute to, perpetuate, or increase the severity of fair housing issues and are fundamental to adequate goals and actions. Examples include community opposition to affordable housing, housing discrimination, land use and zoning laws, lack of regional cooperation, location and type or lack of affordable housing and lack of public or private investment in areas of opportunity or affordable housing choices.

The analysis shall result in strategic approaches to inform and connect goals and actions to mitigate contributing factors to affordable housing.

Site Inventory: The element must include an analysis demonstrating whether sites identified to meet the RHNA are distributed throughout the community in a manner that affirmatively furthers fair housing. A full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups and how that effects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity).

The element should also discuss whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to mitigate this (e.g., anti-displacement strategies).

Goals, Priorities, Metrics, and Milestones: Goals and actions must significantly seek to overcome contributing factors to fair housing issues. Currently, the element identifies a program to provide fair housing services through the Fair Housing Foundation; however, this program does not appear to facilitate any meaningful change nor address AFFH requirements. Furthermore, the element must include metrics and milestones for evaluating progress on programs, actions, and fair housing results. The element may need to include additional programs and actions to integrate the AFFH analysis into policies and programs.

2. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Units in Need Rehabilitation or Replacement: The element identifies (page 106) substandard housing. However, it must include analysis of the condition of the existing housing stock and estimate the number of units in need of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable builders/developers, including non-profit housing developers or organizations.

Overpayment – Income Category and Tenure: While the element identifies (page 10) the total number of overpaying households, it must quantify and analyze the number of overpaying households by tenure (i.e., renter and owner) and the lower-income households paying more than 30 percent of their income on housing.

City of San Marino’s 6th Cycle Draft Housing Element Page 4 December 31, 2021

3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) The City has a regional housing need allocation (RHNA) of 397 housing units, of which 240 are for lower-income households. To address this need, the element relies on permitting residential uses in commercial zones, accessory dwelling units and junior accessory dwelling units, rezoning, utilizing a housing overlay, and including missing middle housing. To demonstrate the adequacy of these sites and strategies to accommodate the City’s RHNA, the element must include complete analyses.

Sites Inventory: The sites inventory lists several sites with multiple APNs. These parcels should be listed separately. Tables 6 and 11 must describe existing uses for any nonvacant sites and include a calculation of the realistic capacity of each site by income category. The element must also include a general map of identified sites.

Electronic Sites Inventory: Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-development/housingelement/index.shtml for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance. Please note, upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to [email protected].

Realistic Capacity: While the element provides (page 40) assumptions of buildout for sites included in the inventory, it must also provide support for these assumptions.

For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that City, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. The element also needs to analyze the likelihood that the identified units will be developed as noted in the inventory in zones that allow nonresidential uses (e.g., mixed-use) or in areas that will be subject to an overlay, pursuant to the underlying zoning. This analysis should consider the likelihood of nonresidential development, performance standards, and development trends supporting residential development.

Small Sites: The sites inventory identifies small sites to accommodate the City’s lower-income RHNA. Sites smaller than a half-acre in size are deemed inadequate to accommodate housing for lower-income households unless it is demonstrated, with sufficient evidence, that sites are suitable to accommodate housing for lower-income households. The element should provide specific examples with the densities and affordability. For sites expected to be aggregated, the element must describe

City of San Marino’s 6th Cycle Draft Housing Element Page 5 December 31, 2021
circumstances leading to consolidation, such as common ownership, the City’s role or track record in facilitating small-lot consolidation, policies or incentives offered or proposed to encourage and facilitate lot consolidation, specific examples of projects that were built for lower-income households on similarly sized sites, densities and affordability and relate those examples back to the sites inventory. Based on a complete analysis, the City should consider adding or revising programs to include incentives for facilitating development on small sites.

Suitability of Nonvacant Sites: While the element identifies (page 42) nonvacant sites to accommodate the regional housing need for lower-income households, it provides no description of how the potential for redevelopment. The element must describe the methodology used to determine the additional development potential within the planning period. For example, the element includes portions of sites such as the Huntington Library and the Southwestern Academy, and sites with religious institutions, but no analysis was provided to demonstrate whether these existing uses would impede development of these sites within the planning period or how development is expected to occur on these sites. The methodology must consider factors including the extent to which existing uses may impede additional residential development, development trends, market conditions, any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, and regulatory or other incentives or standards to encourage additional residential development on these sites. (Gov. Code, § 65583.2, subd. (g).) For sites with residential uses, the inventory could also describe structural conditions or other circumstances and trends demonstrating the redevelopment potential to more intense residential uses. For nonresidential sites, the inventory could also describe whether the use is operating, marginal or discontinued, and the condition of the structure or could describe any expressed interest in redevelopment. The element could also discuss conversations with property owners and institutions to demonstrate interest in residential development.

In addition, if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower income households, the housing element must demonstrate that the existing use is not an impediment to additional residential development in the planning period (Gov. Code, § 65583.2, subd. (g)(2).). This can be demonstrated by providing substantial evidence that the existing use is likely to be discontinued during the planning period (Gov. Code, § 65583.2, subd. (g)(2). For additional information and sample analysis, see the Building Blocks at:
http://www.hcd.ca.gov/community-development/building-blocks/site-inventoryanalysis/analysis-of-sites-and-zoning.shtml#analysis.

Missing Middle Projections: The element is projecting 75 units that will be developed based on the development of a missing middle ordinance to accommodate a portion of its above moderate income RHNA. To utilize projections, the element must 1) include a site-specific inventory of sites where the ordinance is being applied to 2) include a nonvacant sites analysis demonstrating the likelihood of redevelopment and that the existing use will not constitute as an impediment for additional residential use and 3) include programs and policies that establish zoning and development standards early in the planning period and implement incentives to encourage and

City of San Marino’s 6th Cycle Draft Housing Element Page 6 December 31, 2021
facilitate development. The element should support this analysis with local information such as local developer or owner interest to utilize zoning and incentives established through the ordinance.

Accessory Dwelling Units (ADU): The element assumes (page 44) an ADU build out of 241 ADU and/or junior accessory dwelling unit (JADU) in the planning cycle. Given that the City has only produced an average of 9 units per year since 2018, it is not clear if this production level will be achievable in the planning period. As a result, the element should be updated to include a realistic estimate of the potential for ADUs and include policies and programs that incentivize the production of ADUs.

Depending on the analysis, the element must commit to monitor ADU production throughout the course of the planning period and implement additional actions if not meeting target numbers anticipated in the housing element. In addition to monitoring production, this program should also monitor affordability. Additional actions, if necessary, should be taken in a timely manner (e.g., within 6 months). Finally, if necessary, the degree of additional actions should be in stride with the degree of the gap in production and affordability. For example, if actual production and affordability of ADUs is far from anticipated trends, then rezoning or something similar would be an appropriate action. If actual production and affordability is near anticipated trends, then measures like outreach and marketing might be more appropriate.

Sites with Zoning for a Variety of Housing Types:

Accessory Dwelling Units: After a cursory review of the City’s ADU ordinance, HCD discovered several areas which were not consistent with State ADU Law. This includes, but is not limited to, additional permits for ADU approval, and bedroom limitations. In addition, ADUs need to be allowed in any zones that allow residential use. HCD will provide a complete listing of ADU non-compliance issues under a separate cover. As a result, the element should include in Program 1.3 to update the City’s ADU and zoning ordinances to comply with state law. For more information, please consult HCD’s ADU Guidebook, published in December 2020, which provides detailed information on new state ADU requirements
Emergency Shelters: The housing element must demonstrate the permit processing, development, and management standards for emergency shelters are consistent with Government Code section 65583 (a)(4)(A). While housing element law does allow a jurisdiction to limit the number of beds or persons permitted to be served nightly by a facility, standards must be designed to encourage and facilitate the development of, or conversion to, an emergency shelter. The element must analyze the ten-bed limit as a potential constraint for the development of emergency shelters and ensure that parking standards only reflect the need for sufficient parking to accommodate all staff working in the emergency shelter. In addition, the element must demonstrate the commercial zone has sufficient capacity to accommodate the housing need for at least one emergency shelters.

Low Barrier Navigation Centers: Low Barrier Navigation Centers shall be a use byright in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code

City of San Marino’s 6th Cycle Draft Housing Element Page 7 December 31, 2021
section 65660. The element must demonstrate compliance with this requirement and include programs as appropriate.

Permanent Supportive Housing: Supportive housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651. The element must demonstrate compliance with this requirement and include programs as appropriate.

4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).)
Land Use and Development Standards: Currently, development standards do not support the development of multifamily housing. While HCD recognizes that zoning has not yet been created to implement new overlays to accommodate multifamily housing, the element should generally describe and commit to expectations for development standards in these zones. For example, the element should describe if 100 percent residential projects be allowed in the C-1 zone or if a commercial component be required for new multifamily development. In addition, the element should commit to ensuring that development standards including height, lot coverage, and parking facilitate the development of multifamily housing at the allowable densities assumed in the inventory.

Design Review: The element must describe and analyze the design review guidelines, including approval procedures and decision-making criteria, for their impact as potential constraints on housing supply and affordability. For example, the analysis should analyze the requirement to present plans to the neighbors and whether this requirement will remain for multifamily housing in areas covered by the various overlays. could describe required findings and discuss whether objective standards and guidelines improve development certainty and mitigate cost impacts.

The element must demonstrate this process is not a constraint or it must include a program to address this permitting requirement, as appropriate.

Local Ordinances: The element must specifically analyze locally adopted ordinances such as inclusionary ordinances or short-term rental ordinances that directly impact the cost and supply of residential development. The analysis should demonstrate

City of San Marino’s 6th Cycle Draft Housing Element Page 8 December 31, 2021
local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters.

Zoning and Fees Transparency: The element must clarify its compliance with new transparency requirements for posting updated development fees and all zoning and development standards for each parcel on the City’s website pursuant to Government Code section 65940.1(a)(1).

SB 35 Streamlined Ministerial Approval Process: The element must include a program to adhere to the SB 35 Ministerial Approval Process for development projects that meet specific requirements.

Constraints on Housing for Persons with Disabilities: The element briefly describes its reasonable accommodation procedures. However, the element should also describe the process and decision-making criteria such as approval findings and analyze any potential constraints on housing for persons with disabilities. The element currently details that licensed residential care facilities serving six or fewer persons are permitted in the R-1 zone. However, it does not discuss how residential care facilities serving seven or more persons are permitted. If non-licensed group homes are only allowed with a conditional use permit, the element should analyze the process as a potential constraint on housing for persons with disabilities and add or modify programs as appropriate to ensure zoning permits group homes objectively with approval certainty. Finally, the element includes in its definition of family “This shall not include an individual paying rent to a landlord for the purpose of temporarily residing in a dwelling unit.” The element must clarify what is meant by this phrase and analyze its inclusion for potential constraints on persons with disabilities.

5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).)
The element must be revised to include analysis of requests to develop housing at densities below those anticipated, and the length of time between receiving approval for a housing development and submittal of an application for building permits that potentially hinder the construction of a locality’s share of the regional housing need.

6. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female

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heads of households; and families and persons in need of emergency shelter. (Gov.

Code, § 65583, subd. (a)(7).)
General: While the element includes data and a general discussion of housing challenges faced by special needs households, it still must provide an analysis of the existing needs and resources for each special need group including seniors, femaleheaded households, large householders, and extremely low-income (ELI) households. For example, the element should discuss the existing resources to meet housing needs (availability of shelter beds, number of large units, number of deed restricted units, etc.,), an assessment of any gaps in resources, and proposed policies, programs, and funding to help address those gaps.

Extremely Low-Income Households (ELI): While the element quantifies existing and projected ELI households, it must also analyze their housing needs. The analysis of ELI housing needs could consider tenure and rates of overcrowding and overpayment and consider existing housing resources.

Persons with Developmental Disabilities: The element provides (page 10) information on Special Needs Populations. However, the element must quantify the number of persons with developmental disabilities and analyze the special housing needs of persons with developmental disabilities. The term developmental disability refers to a severe and chronic disability attributable to a mental or physical impairment, such as cerebral palsy, epilepsy, or autism, that begins before individuals reach adulthood. (Welfare and Institutions Code, § 4512.) The analysis could include the following:
• a quantification of the total number of persons with developmental disabilities; • a description of the types of developmental disabilities; • a description of the housing need, including a description of the potential housing problems; and
• a discussion of resources, policies and programs including existing housing and services, for persons with developmental disabilities.

C. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).)
To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City’s specific role in implementation; (2) definitive implementation

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timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials.

All programs must be revised to demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation. Programs containing unclear language (e.g., “Evaluate”; “Consider”; “Encourage”; etc.) must be amended to include more specific and measurable actions. Deliverables should occur early in the planning period to ensure actual housing outcomes. The element must provide quantified objectives where appropriate and discrete timing for all programs (e.g., month and year) to account for how often the action will occur as well as to ensure a beneficial impact throughout the planning period.

2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factorybuilt housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:

Shortfall of Adequate Sites: Currently the element identifies a shortfall of adequate sites to accommodate the RHNA within the planning period. In order to provide sufficient sites to accommodate the RHNA, Program 1.6, 1.7, 1.11, 1.12, commit to, among other things, creating several new overlays and modification of the zoning code. However, in order to accommodate the lower-income need, programs must specifically commit to acreage, allowable densities and anticipated units. In addition, the program should specifically commit to rezoning pursuant to Government Code section 65583.2, subdivisions (h) and (i).

The program must commit to:
• permit owner-occupied and rental multifamily uses by-right for developments in which 20 percent or more of the units are affordable to lower income households. By-right means local government review must not require a conditional use permit, planned unit development permit, or other discretionary review or approval.
• accommodate a minimum of 16 units per site;

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• require a minimum density of 20 units per acre; and
• at least 50 percent of the lower-income need must be accommodated on sites designated for residential use only or on sites zoned for mixed uses that accommodate all of the very low and low-income housing need, if those sites:
o allow 100 percent residential use, and
o require residential use occupy 50 percent of the total floor area of a mixed-use project.

Program 1.15: While this program commits to the City following the Surplus Lands Act for sites such as the City-owned Stoneman property, it does not commit to the other action items outlined on page 50 including instigating the lot split, rezoning, the release of the request for proposals, and other actions necessary to facilitate development of this site within the planning period.

Programs to Facilitate Redevelopment of Nonvacant Sites: The element must include a program with specific actions and timelines to assist in the development of housing identified in the sites inventory. The program(s) could commit the City to adopting priority processing, granting fee waivers or deferrals, modifying development standards, granting concessions and incentives for housing developments that include units affordable to lower and moderate-income households; assisting, supporting or pursuing funding applications; and working with housing developers coordinate and implement a strategy for developing housing affordable to lower- and moderate-income households.

3. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) The element must include a program(s) with specific actions and timelines to assist in the development of housing for lower-income households, including ELI and special needs households. The program(s) could commit the City to adopting priority processing, granting fee waivers or deferrals, modifying development standards, granting concessions and incentives for housing developments that include units affordable to ELI and special needs households; proactive outreach and assistance to non-profit service providers and developers; prioritizing some funding for housing developments with ELI and special needs households; assisting, supporting or pursuing funding applications; and annual outreach with housing developers to coordinate and pursue housing opportunities.

4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B4 and B5, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the

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results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) Program to Affirmatively Further Fair Housing:

As noted in Finding B1, the element must include a complete analysis of AFFH. The element must be revised to add goals and actions based on the outcomes of a complete analysis. In addition, While the element includes Program 3.2 which describes how the City responds to fair housing complaints, it must also include actions that promote and AFFH opportunities and address priority issues identified in the AFFH section of the element. For example, the element could include a program committing to implement Government Code section 8899.50(b) which requires the City to administer its programs and activities relating to housing and community development in a manner to AFFH and take no action that is materially inconsistent with its obligation to AFFH.

D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
The element must include quantified objectives to establish an estimate of housing units by income category that can be constructed, rehabilitated, and conserved over the planning period. While the element includes these objectives by income group for construction, the element must also describe any conservation or preservation objectives and describe rehabilitation by income category. Strong program objectives and commitments are especially critical for rehabilitation as survey results outlined on page 161 demonstrate that 65 percent of respondents are concerned that older homes will be deteriorating and in need of repair in the next ten years.

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
Alex Hamilton, Interim Director
Community Development Department
City of San Marino
2200 Huntington Drive
San Marino, CA 91108
Dear Alex Hamilton:

RE: City of San Marino’s 6th Cycle (2021-2029) Draft Housing Element Thank you for submitting the City of San Marino’s (City) draft housing element received for review on November 1, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a telephone conversation on December 30, 2022 with you and Bret K. McNulty, the City’s consultant. In addition, HCD considered comments from several private citizens pursuant to Government Code section 65585, subdivision (c).

The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).

The enclosed Appendix describes revisions needed to comply with State Housing Element Law.

As a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).

December 31, 2021

Alex Hamilton, Interim Director

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and
http://opr.ca.gov/docs/Final_6.26.15.pdf.

HCD is committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Molivann Phlong, of our staff, at [email protected].

Sincerely,
Melinda Coy
Senior Housing Accountability Manager
Enclosure

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APPENDIX

CITY OF SAN MARINO
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.

Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.

A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
A thorough program-by-program review is necessary to evaluate City's performance in addressing housing goals. Table 4 must be revised to describe the actual results of the prior element’s programs (quantified where possible), compare those results to the objectives projected or planned, and based on an evaluation of any differences between what was planned versus achieved, provide a description of how the objectives and programs of the updated element incorporate changes resulting from the evaluation. This information and analysis provide the basis for developing a more effective housing program.

In addition, as part of the evaluation of programs in the past cycle, the element must provide an explanation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female headed households, farmworkers and persons experiencing homelessness).

B. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Regional Analysis and Analysis of Trends and Patterns: The element generally describes local data but must also analyze San Marino relative to the rest of the region regarding enforcement and outreach, integration, and segregation, racially and ethnically concentrated areas of poverty (R/ECAP) and areas of affluence, disparities in access to opportunity, and disproportionate housing needs and displacement risks.

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In addition, wherever possible, the analysis and summary should include a discussion at a geographic level appropriate to better determine any locational trends—simply reporting information at a city-wide level will not fully display patterns and impacts on protected characteristics. Examples of appropriate geographic levels include census tracts, block groups, neighborhoods, housing development, or any other sub-section of a locality.

Fair Housing Enforcement and Outreach: The element provides (page 90) some information on Fair Housing enforcement and public outreach. However, the element must include the City’s ability to provide enforcement and outreach capacity which can consist of actions such as the City’s ability to investigate complaints, obtain remedies, or the City’s ability to engage in fair housing testing. The element must address compliance with existing fair housing laws and regulations; findings, lawsuits, enforcement actions, settlements, or judgements related to fair housing or civil rights; and summarize fair housing issues related to enforcement and outreach capacity and the relationship to other fair housing issues (e.g., segregation and integration, racially and ethnically concentrated areas of poverty, etc.).

Integration and Segregation: The element includes some local data and analysis on integration and segregation (page 91); however, the element must analyze segregation and integration of familial status. The element must also analyze segregation and integration of race, familial status, disability, and income locally and regionally for patterns over time, complemented by data, and concluding with a summary of issues. To strengthen the analysis for race, the element could include updated dissimilarity index data.

Racial/Ethnic Concentrated Areas of Poverty (R/ECAP) and Affluence (RCAA): The element notes there are no R/ECAPs in the City and states that there are no RCAAs given the equal distribution of wealth within City limits (page 106). However, the element should analyze some of the census tracts that have significantly higher rates of white population and income as RCAA and compare both this analysis, and R/ECAPs to the neighboring region.

Disparities in Access to Opportunity: The element provides (page 97) some information on the access to opportunity. A complete analysis should include the locally and regional disparities of the educational, environmental, and economic scores through local, federal, and/or state data. Please refer to page 35 of the Affirmatively Furthering Fair Housing (AFFH) guidebook (link:
https://www.hcd.ca.gov/community-development/affh/index.shtml#guidance) for specific factors that should be considered when analyzing access to opportunities as it pertains to educational, employment, environmental, transportation, and any factors that are unique to San Marino.

Disproportionate Housing Needs and Displacement: The element does include (page 104) some data on disproportionate housing needs and displacement. However, the element must also analyze the data including looking at trends, patterns, and other local knowledge, and conclude with a summary of issues.

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Identification and Prioritization Contributing Factors: The element must list and prioritize contributing factors to fair housing issues. Contributing factors create, contribute to, perpetuate, or increase the severity of fair housing issues and are fundamental to adequate goals and actions. Examples include community opposition to affordable housing, housing discrimination, land use and zoning laws, lack of regional cooperation, location and type or lack of affordable housing and lack of public or private investment in areas of opportunity or affordable housing choices.

The analysis shall result in strategic approaches to inform and connect goals and actions to mitigate contributing factors to affordable housing.

Site Inventory: The element must include an analysis demonstrating whether sites identified to meet the RHNA are distributed throughout the community in a manner that affirmatively furthers fair housing. A full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups and how that effects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity).

The element should also discuss whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to mitigate this (e.g., anti-displacement strategies).

Goals, Priorities, Metrics, and Milestones: Goals and actions must significantly seek to overcome contributing factors to fair housing issues. Currently, the element identifies a program to provide fair housing services through the Fair Housing Foundation; however, this program does not appear to facilitate any meaningful change nor address AFFH requirements. Furthermore, the element must include metrics and milestones for evaluating progress on programs, actions, and fair housing results. The element may need to include additional programs and actions to integrate the AFFH analysis into policies and programs.

2. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Units in Need Rehabilitation or Replacement: The element identifies (page 106) substandard housing. However, it must include analysis of the condition of the existing housing stock and estimate the number of units in need of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable builders/developers, including non-profit housing developers or organizations.

Overpayment – Income Category and Tenure: While the element identifies (page 10) the total number of overpaying households, it must quantify and analyze the number of overpaying households by tenure (i.e., renter and owner) and the lower-income households paying more than 30 percent of their income on housing.

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3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) The City has a regional housing need allocation (RHNA) of 397 housing units, of which 240 are for lower-income households. To address this need, the element relies on permitting residential uses in commercial zones, accessory dwelling units and junior accessory dwelling units, rezoning, utilizing a housing overlay, and including missing middle housing. To demonstrate the adequacy of these sites and strategies to accommodate the City’s RHNA, the element must include complete analyses.

Sites Inventory: The sites inventory lists several sites with multiple APNs. These parcels should be listed separately. Tables 6 and 11 must describe existing uses for any nonvacant sites and include a calculation of the realistic capacity of each site by income category. The element must also include a general map of identified sites.

Electronic Sites Inventory: Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-development/housingelement/index.shtml for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance. Please note, upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to [email protected].

Realistic Capacity: While the element provides (page 40) assumptions of buildout for sites included in the inventory, it must also provide support for these assumptions.

For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that City, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. The element also needs to analyze the likelihood that the identified units will be developed as noted in the inventory in zones that allow nonresidential uses (e.g., mixed-use) or in areas that will be subject to an overlay, pursuant to the underlying zoning. This analysis should consider the likelihood of nonresidential development, performance standards, and development trends supporting residential development.

Small Sites: The sites inventory identifies small sites to accommodate the City’s lower-income RHNA. Sites smaller than a half-acre in size are deemed inadequate to accommodate housing for lower-income households unless it is demonstrated, with sufficient evidence, that sites are suitable to accommodate housing for lower-income households. The element should provide specific examples with the densities and affordability. For sites expected to be aggregated, the element must describe

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circumstances leading to consolidation, such as common ownership, the City’s role or track record in facilitating small-lot consolidation, policies or incentives offered or proposed to encourage and facilitate lot consolidation, specific examples of projects that were built for lower-income households on similarly sized sites, densities and affordability and relate those examples back to the sites inventory. Based on a complete analysis, the City should consider adding or revising programs to include incentives for facilitating development on small sites.

Suitability of Nonvacant Sites: While the element identifies (page 42) nonvacant sites to accommodate the regional housing need for lower-income households, it provides no description of how the potential for redevelopment. The element must describe the methodology used to determine the additional development potential within the planning period. For example, the element includes portions of sites such as the Huntington Library and the Southwestern Academy, and sites with religious institutions, but no analysis was provided to demonstrate whether these existing uses would impede development of these sites within the planning period or how development is expected to occur on these sites. The methodology must consider factors including the extent to which existing uses may impede additional residential development, development trends, market conditions, any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, and regulatory or other incentives or standards to encourage additional residential development on these sites. (Gov. Code, § 65583.2, subd. (g).) For sites with residential uses, the inventory could also describe structural conditions or other circumstances and trends demonstrating the redevelopment potential to more intense residential uses. For nonresidential sites, the inventory could also describe whether the use is operating, marginal or discontinued, and the condition of the structure or could describe any expressed interest in redevelopment. The element could also discuss conversations with property owners and institutions to demonstrate interest in residential development.

In addition, if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower income households, the housing element must demonstrate that the existing use is not an impediment to additional residential development in the planning period (Gov. Code, § 65583.2, subd. (g)(2).). This can be demonstrated by providing substantial evidence that the existing use is likely to be discontinued during the planning period (Gov. Code, § 65583.2, subd. (g)(2). For additional information and sample analysis, see the Building Blocks at:
http://www.hcd.ca.gov/community-development/building-blocks/site-inventoryanalysis/analysis-of-sites-and-zoning.shtml#analysis.

Missing Middle Projections: The element is projecting 75 units that will be developed based on the development of a missing middle ordinance to accommodate a portion of its above moderate income RHNA. To utilize projections, the element must 1) include a site-specific inventory of sites where the ordinance is being applied to 2) include a nonvacant sites analysis demonstrating the likelihood of redevelopment and that the existing use will not constitute as an impediment for additional residential use and 3) include programs and policies that establish zoning and development standards early in the planning period and implement incentives to encourage and

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facilitate development. The element should support this analysis with local information such as local developer or owner interest to utilize zoning and incentives established through the ordinance.

Accessory Dwelling Units (ADU): The element assumes (page 44) an ADU build out of 241 ADU and/or junior accessory dwelling unit (JADU) in the planning cycle. Given that the City has only produced an average of 9 units per year since 2018, it is not clear if this production level will be achievable in the planning period. As a result, the element should be updated to include a realistic estimate of the potential for ADUs and include policies and programs that incentivize the production of ADUs.

Depending on the analysis, the element must commit to monitor ADU production throughout the course of the planning period and implement additional actions if not meeting target numbers anticipated in the housing element. In addition to monitoring production, this program should also monitor affordability. Additional actions, if necessary, should be taken in a timely manner (e.g., within 6 months). Finally, if necessary, the degree of additional actions should be in stride with the degree of the gap in production and affordability. For example, if actual production and affordability of ADUs is far from anticipated trends, then rezoning or something similar would be an appropriate action. If actual production and affordability is near anticipated trends, then measures like outreach and marketing might be more appropriate.

Sites with Zoning for a Variety of Housing Types:

Accessory Dwelling Units: After a cursory review of the City’s ADU ordinance, HCD discovered several areas which were not consistent with State ADU Law. This includes, but is not limited to, additional permits for ADU approval, and bedroom limitations. In addition, ADUs need to be allowed in any zones that allow residential use. HCD will provide a complete listing of ADU non-compliance issues under a separate cover. As a result, the element should include in Program 1.3 to update the City’s ADU and zoning ordinances to comply with state law. For more information, please consult HCD’s ADU Guidebook, published in December 2020, which provides detailed information on new state ADU requirements
Emergency Shelters: The housing element must demonstrate the permit processing, development, and management standards for emergency shelters are consistent with Government Code section 65583 (a)(4)(A). While housing element law does allow a jurisdiction to limit the number of beds or persons permitted to be served nightly by a facility, standards must be designed to encourage and facilitate the development of, or conversion to, an emergency shelter. The element must analyze the ten-bed limit as a potential constraint for the development of emergency shelters and ensure that parking standards only reflect the need for sufficient parking to accommodate all staff working in the emergency shelter. In addition, the element must demonstrate the commercial zone has sufficient capacity to accommodate the housing need for at least one emergency shelters.

Low Barrier Navigation Centers: Low Barrier Navigation Centers shall be a use byright in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code

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section 65660. The element must demonstrate compliance with this requirement and include programs as appropriate.

Permanent Supportive Housing: Supportive housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651. The element must demonstrate compliance with this requirement and include programs as appropriate.

4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).)
Land Use and Development Standards: Currently, development standards do not support the development of multifamily housing. While HCD recognizes that zoning has not yet been created to implement new overlays to accommodate multifamily housing, the element should generally describe and commit to expectations for development standards in these zones. For example, the element should describe if 100 percent residential projects be allowed in the C-1 zone or if a commercial component be required for new multifamily development. In addition, the element should commit to ensuring that development standards including height, lot coverage, and parking facilitate the development of multifamily housing at the allowable densities assumed in the inventory.

Design Review: The element must describe and analyze the design review guidelines, including approval procedures and decision-making criteria, for their impact as potential constraints on housing supply and affordability. For example, the analysis should analyze the requirement to present plans to the neighbors and whether this requirement will remain for multifamily housing in areas covered by the various overlays. could describe required findings and discuss whether objective standards and guidelines improve development certainty and mitigate cost impacts.

The element must demonstrate this process is not a constraint or it must include a program to address this permitting requirement, as appropriate.

Local Ordinances: The element must specifically analyze locally adopted ordinances such as inclusionary ordinances or short-term rental ordinances that directly impact the cost and supply of residential development. The analysis should demonstrate

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local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters.

Zoning and Fees Transparency: The element must clarify its compliance with new transparency requirements for posting updated development fees and all zoning and development standards for each parcel on the City’s website pursuant to Government Code section 65940.1(a)(1).

SB 35 Streamlined Ministerial Approval Process: The element must include a program to adhere to the SB 35 Ministerial Approval Process for development projects that meet specific requirements.

Constraints on Housing for Persons with Disabilities: The element briefly describes its reasonable accommodation procedures. However, the element should also describe the process and decision-making criteria such as approval findings and analyze any potential constraints on housing for persons with disabilities. The element currently details that licensed residential care facilities serving six or fewer persons are permitted in the R-1 zone. However, it does not discuss how residential care facilities serving seven or more persons are permitted. If non-licensed group homes are only allowed with a conditional use permit, the element should analyze the process as a potential constraint on housing for persons with disabilities and add or modify programs as appropriate to ensure zoning permits group homes objectively with approval certainty. Finally, the element includes in its definition of family “This shall not include an individual paying rent to a landlord for the purpose of temporarily residing in a dwelling unit.” The element must clarify what is meant by this phrase and analyze its inclusion for potential constraints on persons with disabilities.

5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).)
The element must be revised to include analysis of requests to develop housing at densities below those anticipated, and the length of time between receiving approval for a housing development and submittal of an application for building permits that potentially hinder the construction of a locality’s share of the regional housing need.

6. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female

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heads of households; and families and persons in need of emergency shelter. (Gov.

Code, § 65583, subd. (a)(7).)
General: While the element includes data and a general discussion of housing challenges faced by special needs households, it still must provide an analysis of the existing needs and resources for each special need group including seniors, femaleheaded households, large householders, and extremely low-income (ELI) households. For example, the element should discuss the existing resources to meet housing needs (availability of shelter beds, number of large units, number of deed restricted units, etc.,), an assessment of any gaps in resources, and proposed policies, programs, and funding to help address those gaps.

Extremely Low-Income Households (ELI): While the element quantifies existing and projected ELI households, it must also analyze their housing needs. The analysis of ELI housing needs could consider tenure and rates of overcrowding and overpayment and consider existing housing resources.

Persons with Developmental Disabilities: The element provides (page 10) information on Special Needs Populations. However, the element must quantify the number of persons with developmental disabilities and analyze the special housing needs of persons with developmental disabilities. The term developmental disability refers to a severe and chronic disability attributable to a mental or physical impairment, such as cerebral palsy, epilepsy, or autism, that begins before individuals reach adulthood. (Welfare and Institutions Code, § 4512.) The analysis could include the following:
• a quantification of the total number of persons with developmental disabilities; • a description of the types of developmental disabilities; • a description of the housing need, including a description of the potential housing problems; and
• a discussion of resources, policies and programs including existing housing and services, for persons with developmental disabilities.

C. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).)
To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City’s specific role in implementation; (2) definitive implementation

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timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials.

All programs must be revised to demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation. Programs containing unclear language (e.g., “Evaluate”; “Consider”; “Encourage”; etc.) must be amended to include more specific and measurable actions. Deliverables should occur early in the planning period to ensure actual housing outcomes. The element must provide quantified objectives where appropriate and discrete timing for all programs (e.g., month and year) to account for how often the action will occur as well as to ensure a beneficial impact throughout the planning period.

2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factorybuilt housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:

Shortfall of Adequate Sites: Currently the element identifies a shortfall of adequate sites to accommodate the RHNA within the planning period. In order to provide sufficient sites to accommodate the RHNA, Program 1.6, 1.7, 1.11, 1.12, commit to, among other things, creating several new overlays and modification of the zoning code. However, in order to accommodate the lower-income need, programs must specifically commit to acreage, allowable densities and anticipated units. In addition, the program should specifically commit to rezoning pursuant to Government Code section 65583.2, subdivisions (h) and (i).

The program must commit to:
• permit owner-occupied and rental multifamily uses by-right for developments in which 20 percent or more of the units are affordable to lower income households. By-right means local government review must not require a conditional use permit, planned unit development permit, or other discretionary review or approval.
• accommodate a minimum of 16 units per site;

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• require a minimum density of 20 units per acre; and
• at least 50 percent of the lower-income need must be accommodated on sites designated for residential use only or on sites zoned for mixed uses that accommodate all of the very low and low-income housing need, if those sites:
o allow 100 percent residential use, and
o require residential use occupy 50 percent of the total floor area of a mixed-use project.

Program 1.15: While this program commits to the City following the Surplus Lands Act for sites such as the City-owned Stoneman property, it does not commit to the other action items outlined on page 50 including instigating the lot split, rezoning, the release of the request for proposals, and other actions necessary to facilitate development of this site within the planning period.

Programs to Facilitate Redevelopment of Nonvacant Sites: The element must include a program with specific actions and timelines to assist in the development of housing identified in the sites inventory. The program(s) could commit the City to adopting priority processing, granting fee waivers or deferrals, modifying development standards, granting concessions and incentives for housing developments that include units affordable to lower and moderate-income households; assisting, supporting or pursuing funding applications; and working with housing developers coordinate and implement a strategy for developing housing affordable to lower- and moderate-income households.

3. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) The element must include a program(s) with specific actions and timelines to assist in the development of housing for lower-income households, including ELI and special needs households. The program(s) could commit the City to adopting priority processing, granting fee waivers or deferrals, modifying development standards, granting concessions and incentives for housing developments that include units affordable to ELI and special needs households; proactive outreach and assistance to non-profit service providers and developers; prioritizing some funding for housing developments with ELI and special needs households; assisting, supporting or pursuing funding applications; and annual outreach with housing developers to coordinate and pursue housing opportunities.

4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B4 and B5, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the

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results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) Program to Affirmatively Further Fair Housing:

As noted in Finding B1, the element must include a complete analysis of AFFH. The element must be revised to add goals and actions based on the outcomes of a complete analysis. In addition, While the element includes Program 3.2 which describes how the City responds to fair housing complaints, it must also include actions that promote and AFFH opportunities and address priority issues identified in the AFFH section of the element. For example, the element could include a program committing to implement Government Code section 8899.50(b) which requires the City to administer its programs and activities relating to housing and community development in a manner to AFFH and take no action that is materially inconsistent with its obligation to AFFH.

D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
The element must include quantified objectives to establish an estimate of housing units by income category that can be constructed, rehabilitated, and conserved over the planning period. While the element includes these objectives by income group for construction, the element must also describe any conservation or preservation objectives and describe rehabilitation by income category. Strong program objectives and commitments are especially critical for rehabilitation as survey results outlined on page 161 demonstrate that 65 percent of respondents are concerned that older homes will be deteriorating and in need of repair in the next ten years.