AGREEMENT NO. «IDIS_ContractNumber»
AGREEMENT FOR USE OF CITY OF SANTA BARBARA
COMMUNITY DEVELOPMENT BLOCK GRANT CAPITAL FUNDS
THIS GRANT AGREEMENT (“Agreement”) is entered into this 1st day of July, 2023 by and between:
CITY OF SANTA BARBARA, Community
Development Department, hereinafter referred to as
"CITY."
and
«OrgContactInfo_OrgName», a California Non-profit,
hereinafter referred to as "Agency".
RECITALS:
WHEREAS, the City of Santa Barbara receives an allocation of Federal CFDA #14.219 Community Development Block Grant funds, hereinafter referred to as “CDBG funds,” from the U.S. Department of Housing and Urban Development, hereinafter referred to as “HUD,” to undertake activities which foster assistance to low- and moderate-income neighborhoods; and WHEREAS, Agency submitted a proposal for funding to the City Council of the City of Santa Barbara for the «OrgContactInfo_ProgramName», hereinafter referred to as “Project,” which is consistent with the City’s adopted Consolidated Plan for CDBG funds; and WHEREAS, the use of CDBG funds are subject to certain agreements and conditions as more particularly set out in this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. TERM
1.1 This Agreement shall be in effect as of July 1, 2023 (“Effective Date”) and shall remain in effect until June 30, 2024 (“Expiration Date”) unless sooner terminated as herein provided. Nonconstruction related work (e.g. surveys, design), if such expenses are not funded with CDBG funds and will not be reimbursed with CDBG funds, may commence on this Project immediately following the Effective Date of this Agreement. Agency shall not commit or expend CDBG funds, through contract or purchase agreements, nor shall Agency initiate construction, acquisition, rehabilitation, or conversion paid for with CDBG funds until Agency receives written authorization from City staff pursuant to Section 5 of this Agreement.
1.2 CDBG funds will not be disbursed to Agency unless and until the conditions precedent below are either satisfied to City’s satisfaction as determined in City’s sole discretion, or waived in writing by City:
a. City Council authorizes execution of this Agreement; and b. The Agreement is mutually executed by Agency and City; ATTACHMENT 4
Agreement No. «IDIS_ContractNumber»
c. Agency has submitted to the City a certificate of insurance pursuant to Section 16 of this Agreement.
1.3 Project shall be completed and all CDBG funds shall be expended and disbursed pursuant to Sections 4 and 5 of this Agreement prior to April 30, 2024 in order to meet HUD's timeliness requirements.
1.4 If upon Expiration Date, there remain any allocated, but unspent, CDBG funds, said CDBG funds shall automatically be reprogrammed into the City’s General CDBG contingency account, unless a grant-agreement extension has been granted pursuant to Section 4 of this Agreement.
2. USE OF CDBG FUNDS
2.1 Subject to terms and conditions contained herein, City agrees to provide CDBG funds to Agency in the amount of «Funding_TotalAmount» («Funding_TotalAmount_Spelled» and «Funding_TotalAmount_Cents»/100 dollars) for purposes of the Project as described in the Project Summary statement attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full.
2.2 City and Agency further agree that CDBG funds shall specifically be used for reimbursement of CDBG-eligible Project costs specified in the Project Budget page attached hereto as Exhibit "B" and incorporated herein by this reference as though set forth in full, including fees necessary to conduct an Environmental Review of the Project in accordance with 24 CFR Part 58.
2.3 City may charge its administrative time in an amount not to exceed 5% of the total Project award identified in Section 2.1 of this Agreement as a “Project Delivery Cost”. Any unused portion of the “Project Delivery Cost,” may be used to reimburse Agency for Eligible Project costs not previously reimbursed.
2.4 In the event that Agency desires to use CDBG funds provided for herein for purposes other than those provided in Exhibits “A” and "B," Agency shall first submit to City its written request for City’s consent to change the use of CDBG funds.
3. PROJECT BENEFIT
City and Agency recognize and agree that the use of these CDBG funds must primarily benefit low and moderate income households within the area of the Project as detailed in Agency’s Area Benefit Analysis, attached hereto as Exhibit “F” and incorporated herein by this reference as though set forth in full. For the purposes of this Agreement, low and moderate income clientele are defined as households which earn 80% or below of the regional median income as established by HUD and adjusted for household size. City agrees to provide Agency any updates to the income levels issued by HUD.
4. PROJECT TIMELINE AND COMPLETION DATE
4.1 Agency agrees to adhere to the Construction Project Timeline (“Project Timeline”) as provided on Exhibit “A”.
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4.2 Said Project Timeline shall include the following completion dates, in order to comply with HUD’s timeliness requirements:
a. On or before March 25, 2024, Agency shall have expended 95 percent of Project costs that are to be reimbursed with CDBG funds in accordance with Section 5 of this agreement and shall cause to be recorded in the Office of the Santa Barbara County Recorder a “Notice of Completion”; and
b. On or before April 30, 2024, 100 percent of Project costs that are to be reimbursed with CDBG funds shall be expended by Agency.
4.3 Agency’s failure to adhere to the Project Timeline shall be considered an event of default of this Agreement and shall constitute grounds for termination of this Agreement in accordance with Section 12 below. Any requests by Agency to amend the Project Timeline shall be submitted in writing, and will be subject to approval by City in its sole and absolute discretion. If approved, Agency’s revised timeline shall be made part of this Agreement.
4.4 In the event that the Project is not completed and all CDBG funds are not spent by Agency and reimbursed by City on or before the Expiration Date of this Agreement, Agency shall submit to City a written request to extend the Agreement beyond the Agreement Expiration Date, which will be subject to approval by City in its sole and absolute discretion. There shall be no further work on the Project or reimbursement of CDBG funds, except for Project costs that are incurred, pursuant to Section 2, prior to the Expiration Date unless and until a written extension of this Agreement is executed by City and Agency.
5. REIMBURSEMENT AND REPORTING REQUIREMENTS
5.1 City and Agency agree that all payments made pursuant to this Agreement shall be on a reimbursement-only basis. Agency shall submit to City detailed requests for reimbursement, including but not limited to, copies of paid invoices, proof of payment, and all other documentation that may be required as detailed in City’s Construction Projects Guide, as provided by City, and Exhibit “C”, CDBG Construction Requirements, attached hereto and incorporated herein by this reference as though set forth in full.
5.2 Agency and City hereby agree that Agency shall not obligate any CDBG funds, incur any costs or submit any claims or requests for reimbursement pursuant to this Agreement unless and until Agency has received from City a written “Notice to Proceed” certifying that Agency has met applicable preconstruction requirements outlined in Exhibit “C”.
5.3 Agency shall provide to City quarterly status reports (Quarterly Report) documenting Project progress, expenditures made, and any problems encountered to date in a form provided by City.
5.4 The Quarterly Report is submitted quarterly with the first quarter commencing as of the Effective Date. The report is due no later than 10 days after the last day of each quarter. If the 10th of the month following the end of a quarter falls on a weekend or holiday, the due date is the last business day prior to the 10th.
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5.5 On or before June 30, 2024, or no later than 15 days after recordation of the “Notice of Completion,” whichever occurs first, Agency shall provide City a Project Close-Out Report. Agency shall provide information, in a form provided by City, on Project accomplishments, work completed, numbers of clients served, and a financial statement indicating CDBG expenditures to date and fund balance.
6. AGENCY TO MAINTAIN RECORDS
Agency shall keep accurate, written records of all expenses incurred by it and of monies received by it and of all studies, statistics and reports made or issued by Agency in conducting the Project. In particular, Agency shall keep all records and documents as may be necessary to enable City to determine if the CDBG funds to be disbursed pursuant to this Agreement have been or are being used in compliance with City's requirements and policies relating to CDBG funds. At City's request, Agency shall furnish City with a copy of any record(s) maintained by Agency pursuant to the terms of this Agreement. Agency shall maintain all such records for at least five (5) years after the termination of this Agreement.
7. AUDIT OF AGENCY'S RECORDS AND FINANCIAL MANAGEMENT
7.1 City shall have the right to audit and review all records maintained by Agency pursuant to the terms of this Agreement. Any such audit and review may be conducted at any time during Agency's regular business hours. Said records shall be open to inspection and audit by City, state, or federal representatives, if applicable, during regular business hours for at least five (5) years after termination of this agreement.
7.2 If Agency expends $750,000 or more within their accounting year in federal funds, it shall conduct a single-audit according to 2 CFR 200. Agency shall submit to City said single audit upon completion, or submit a written statement indicating that Agency was not subject to a single-audit.
8. SOURCE AND AVAILABILITY OF CDBG FUNDS
Agency acknowledges that the CDBG funds being used for the purposes of this Agreement are funds subject to an annual allocation by HUD. Agency agrees that in the event the CDBG funds made available by this Agreement are not sufficient to enable City to make any or all payments otherwise provided for in this Agreement, City shall incur no liability to Agency, its officers, agents, employees, suppliers or contractors for failure to make, or for any delay in making, any such payments, as provided for in this Agreement. Agency hereby indemnifies and holds City harmless from any liability or damage resulting from any such failure to make, or delay in making, any such payments.
City and Agency agree that if the City's Fiscal Year 2023-2024 CDBG funds are decreased or eliminated before the end of Fiscal Year 2023-2024, this Agreement shall be reduced accordingly based on the available CDBG funds.
9. PROGRAM INCOME
9.1 Agency hereby agrees that any program income, as defined in 24 CFR 570.500, generated by use of these CDBG funds shall be used for the sole and expressed purposes identified in Section 2 of Agreement No. «IDIS_ContractNumber»
this Agreement and in accordance with Section 3 of this Agreement. Agency shall return to City any and all program income not used for the aforementioned purposes.
9.2 Upon termination of this Agreement, City may require remittance of all or part of any program income balances held by Agency, except those needed for immediate cash needs.
10. REVERSION OF ASSETS
Any real property under the Agency’s control acquired or improved, in whole or in part with, CDBG funds in excess of $25,000 shall either:
a. Be used to meet one of the national objectives specified in 24 CFR 570.208 until five years after expiration of the Agreement, or for such longer period of time as determined to be appropriate by City; or
b. Agency shall pay to City an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. No payment is required after the period of time specified in paragraph (a) of this section.
11. LICENSES AND PERMITS
Agency shall obtain and maintain, at Agency's own expense, any and all licenses and permits necessary to conduct the Project and to maintain the facilities and render the services proposed to be maintained or rendered in connection with the Project.
12. EVENTS OF DEFAULT
12.1 This Agreement shall be in default upon the occurrence of any of the following events (hereinafter an “Event of Default”):
12.1.1 Failure to Use CDBG Funds as Intended -- Agency’s failure to use CDBG funds for purposes that qualify for expenditures in accordance with Exhibit B.
12.1.2. Use of Grant Funds for Unauthorized Purposes -- Agency’s incurring of obligations or making of expenditures for purposes which do not constitute authorized expenditures in accordance with Exhibit B, or for purposes which are not permitted or are prohibited under the terms of this Agreement.
12.1.3 Default Under Agreement -- Agency's breach of the covenants or obligations under this Agreement.
13. RIGHTS AND OBLIGATIONS UPON DEFAULT
13.1 Remedies Upon Occurrence of Default -- Upon the occurrence of an Event of Default, City shall have the right to terminate this Agreement and demand that Agency reimburse to City an amount equal to one hundred percent (100%) of any and all amounts expended, including interest accrued at the legal rate of interest. Agency shall pay such amount due to City within 120 days of City written demand.
13.2 Reimbursement for Improper Expenditures -- If within five (5) years after the Termination Date or other termination of this Agreement, it is determined by City that CDBG funds Agreement No. «IDIS_ContractNumber»
provided under the terms of this Agreement have been used by or on behalf of Agency for purposes which do not qualify as expenditures pursuant to Exhibit “B”, or have been used in a manner or for a purpose not authorized by this Agreement, Agency shall, at City’s request, pay to City an amount equal to one hundred percent (100%) of any amount expended for unauthorized expenses, including interest accrued on such amounts at the legal rate of interest, within 120 days of City request.
13.3 Notice of Default -- Upon the occurrence of an Event of Default, City shall notify Agency in writing of such occurrence, including a description of the Event of Default.
13.4 Cure -- Agency shall be entitled to a period of time in order cure an Event of Default not to exceed thirty (30) days from the date on which the notice described in the preceding paragraph is delivered to Agency, or, if the Event of Default cannot reasonably be cured in 30 days, then Agency shall have reasonably commenced the cure within 30 days and diligently pursue the cure until its completion but in no event exceeding a period of ninety (90) days; provided in order to cure an Event of Default, Agency shall be required to reimburse City, within such thirty-day period, for all reasonable expenses incurred by City in exercising its rights in connection with any such default.
If Agency so cures any default, then this Agreement shall be reinstated and shall remain in full force and effect as if such default had not occurred.
14. CITY'S RIGHT TO TERMINATE AGREEMENT
City shall have the right to terminate this Agreement at any time, with or without cause, by giving Agency thirty (30) days' prior written notice of City's intent to terminate this Agreement; provided, that upon such termination, City shall pay all obligations incurred by Agency prior to the date of such termination which are for allowable expenditures and which are authorized under the terms of this Agreement.
15. DEFENSE, INDEMNITY AND HOLD HARMLESS
15. HOLD HARMLESS AND INDEMNIFICATION -- As an essential part of the consideration for this Agreement, Agency shall, to the extent permitted by law, investigate, defend, indemnify, and hold harmless the City and its officers, employees, and agents, from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, and expenses (including reasonable attorneys' fees), and causes of action of whatsoever character, which the City may incur, sustain, or be subjected to, arising out of or in any way connected with this Agreement.
15.2 The direction, review, acceptance or approval of the Agency’s work or work product by any indemnified party shall not affect, relieve or reduce the Agency’s indemnification or defense obligations.
15.3 This Section survives completion of the services or the termination of this contract. The provisions of this Section are not limited by and do not affect the provisions of this contract relating to insurance.
16. INSURANCE
16.1 As part of the consideration of this Agreement, Agency shall procure and maintain for the duration of the agreement, and for five years thereafter, insurance coverage against claims for Agreement No. «IDIS_ContractNumber»
injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Agency, its agents, representatives, employees, or subcontractors.
16.2 Minimum Scope and Limit of Insurance - Coverage shall be at least as broad as:
16.2.1 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than One Million Dollars ($1,000,000) per occurrence. If a general aggregate limit applies, either the aggregate limit shall apply separately to this project or location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
16.2.2 Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limits no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
16.2.3 If the Agency maintains higher coverage limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Agency. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.16.3 Other Insurance Provisions - Each insurance policy shall contain, or be endorsed to contain, the following five (5) provisions:
16.3 Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require the Agency to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Any and all deductibles and SIRs shall be the sole responsibility of Agency or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. The City may deduct from any amounts otherwise due Agency to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible.
City reserves the right to obtain a copy of any policies and endorsements for verification.
16.4 OTHER INSURANCE PROVISIONS: Each insurance policy shall contain, or be endorsed to contain, the following provisions:
16.4.1 Additional Insured Status – The City of Santa Barbara, its officers, officials, employees, volunteers, and agents, shall be covered as additional insureds on the Commercial General Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Agency including materials, parts, or equipment furnished in connection with such work or operations. Additional Insured coverage shall be provided in the form of an endorsement to the Agency’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms Agreement No. «IDIS_ContractNumber»
if later edition is used). A copy of the endorsement evidencing that the City of Santa Barbara has been added as an additional insured on the policy, must be attached to the certificate of insurance.
16.4.2 Primary Coverage - For any claims related to this contract, the Agency’s insurance coverage shall be primary and non-contributory at least as broad as Insurance Services Office Form CG 20 01 04 16 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Agency’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
16.3.3 Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled or subject to reduction without written notice provided to the City Clerk, addressed to P.O. Box 1990, Santa Barbara, California 93102-1990.
16.3.4 Waiver of Subrogation - Agency hereby grants to the City a waiver of any right to subrogation which any insurer of Agency may acquire against the City by virtue of the payment of any loss under such insurance. Agency agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Agency, its employees, agents, and subcontractors.
16.3.4 Unbrella or Excess Policy - The Agency may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and noncontributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Agency’s primary and excess liability policies are exhausted.
16.3.6 Claims Made Policies – If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown and must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract work.
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3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective, or start of work date, the Agency must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for review.
16.4 Acceptability of Insurers - All insurance coverage shall be placed with insurers authorized to conduct business in the State of California with a current AM Best’s rating of no less than A: VII. All other insurers require prior approval of the City.
16.5 Verification of Coverage - Agency shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Agency’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
16.6 Evidence of Coverage - Agency must provide evidence that it has secured the required insurance coverage before execution of this agreement. A Certificate of Insurance supplied by the City or the appropriate ACORD and Insurance Services Office forms evidencing the above shall be completed by Agency's insurer or its agent and submitted to the City prior to execution of this Agreement by the City.
16.7 Subcontractors - Agency shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Agency shall ensure that the City is an additional insured on insurance required from subcontractors.
16.8 Special Risks or Circumstances - City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
16.9 Coverage Limits Specifications - Approval of the insurance by City or acceptance of the certificate of insurance by City shall not relieve or decrease the extent to which the Agency may be held responsible for payment of damages resulting from Agency's services or operation pursuant to this Agreement, nor shall it be deemed a waiver of City's rights to insurance coverage hereunder.
If, for any reason, Agency fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from the Agency resulting from said breach.
Alternately, City may purchase such required insurance coverage, and without further notice to Agency, City may deduct from sums due to Agency any premium costs advanced by City for such insurance.
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17. OTHER GOVERNMENT / FEDERAL REQUIREMENTS
Agency agrees to comply with all applicable state and local codes, ordinances and other applicable laws, and with all applicable program requirements described by City, and to any amendments hereafter to City program guidelines and requirements. Agency agrees to comply with all applicable federal laws and regulations and to any amendments hereafter including, but not limited to, the following:
17.1 Community Development Block Grant Regulations
The CDBG Regulations, 24 CFR Part 570, and any amendments hereafter thereto; and
17.2 Santa Barbara Municipal Code Non-discrimination Requirements The “Nondiscriminatory Employment Certificate” requirements of SBMC 9.126), attached hereto as Exhibit “D” and incorporated herein by this reference as though set forth in full; and
17.3 Nondiscrimination in Federally Assisted Programs
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1, prohibiting discrimination upon the basis of race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, or national origin; and
17.4 Fair Housing Act
Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 3600-20, and implementing regulations issued at subchapter A of title 24 of the Code of Federal Regulations prohibiting discrimination in the sale, rental and financing of dwellings based on race, color, religion, sex, national origin, disability or familial status (presence of child under age of 19, and pregnant women) and will affirmatively further fair housing; and
17.5 Equal Opportunity in Housing
24 CFR part 107, Executive Order 11063, and implementing regulations which prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds; and
17.6 Housing and Community Development Act
Section 109 of the Housing and Community Development Act requiring that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act; and
17.7 Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 2073 (29 U.S.C. 794), as amended, and with implementing regulations at 24 CFR, Part 8, which prohibit discrimination based on disability in Federally-assisted and conducted programs and activities; and Agreement No. «IDIS_ContractNumber»
17.8 Age Discrimination Act of 1975
The Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR, Part 146, which prohibit discrimination because of age in programs and activities receiving Federal financial assistance; and
17.9 Equal Employment and Contracting Opportunity
17.9.1 The Agency will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
17.9.2 The Agency will, in all solicitations or advertisements for employees placed by or on behalf of the Agency, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
17.9.3 The Agency will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Agency's legal duty to furnish information.
17.9.4 The Agency will send to each labor union or representative of workers with which Agency has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Agency's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
17.9.5 The Agency will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
17.9.6 The Agency will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Agreement No. «IDIS_ContractNumber»
Labor, or pursuant thereto, and will permit access to Agency’s books, records, and accounts by the administering Agency (HUD) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
17.9.7 In the event of the Agency's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Agency may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
17.9.8 The Agency will include the provisions of sections 16.9.1 – 16.9.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Agency will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event an Agency becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction the Agency may request the United States to enter into such litigation to protect the interests of the United States; and
17.10 Build America Buy America Act - The domestic content procurement preference 41 U.S.C. 8301, unless covered by a waiver, requires that all iron, steel, manufactured products, and construction materials used in covered infrastructure projects are produced in the United States.
17.11 Violence Against Women’s Act -- 24 CFR part 5, subpart L protects victims of domestic violence, dating violence, sexual assault, or stalking who are applying for, or are the beneficiaries of, assistance under a HUD program covered by the Violence Against Women Act (VAWA), as amended (42 U.S.C. 13925 and 42 U.S.C. 14043e et seq.) (“covered housing program,” as defined in § 5.2003). Notwithstanding the title of the statute, protections are not limited to women but cover victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation.
17.11.1 34 U.S.C 12491 -- An applicant for or tenant of housing assisted under a covered housing program may not be denied admission to, denied assistance under, terminated from participation in, or evicted from the housing on the basis that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.
17.11.2 34 U.S.C 12494 -- No public housing agency or owner or manager of housing assisted under a covered housing program shall discriminate against any person because that person has opposed any act or practice made unlawful by the housing title of VAWA (34 Agreement No. «IDIS_ContractNumber»
U.S.C. chapter 121, subchapter III, Part L), or because that person testified, assisted, or participated in any related matter. Additionally no public housing agency or owner or manager of housing assisted under a covered housing program shall coerce, intimidate, threaten, interfere with, or retaliate against any person who exercises or assists or encourages a person to exercise any rights or protections under the housing title of VAWA.
17.11.3 34 U.S.C 12495 -- Protects the right to report crime and emergencies from one's home. Landlords, homeowners, tenants, residents, occupants, and guests of, and applicants for, housing (“listed protected persons”) “shall have” the right to seek law enforcement or emergency assistance on their own behalf or on behalf of another person in need of assistance. Application of actual or threatened penalties to the listed protected persons based on their requests for assistance or based on criminal activity of which they are a victim or otherwise not at fault under the laws or policies adopted or enforced by covered governmental entities are prohibited.
17.12 Debarred, Suspended or Ineligible Contractors or Subrecipients The requirements set forth in 24 CFR part 5, and Executive Orders 12549 and 12689, prohibiting the use of debarred, suspended or ineligible contractors or subrecipients; and
17.13 Housing and Urban Development Act Of 1968
24 CFR, Part 75, also known as Section 3, provides employment opportunities for businesses and lower income persons in connection with federally-assisted projects. The Department must ensure that the provisions of 24 CFR, Part 75, are included in all subcontracts and that all certification and reporting requirements are met; and
17.14 Minority and Women-Owned Businesses
Executive Orders 11625, 12432, and 12138, which state that recipients of federal assistance shall take affirmative action to encourage participation by minority- and women-owned business enterprises. Agency will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women; and
17.15 Labor Standards
17.15.1 Except with respect to the rehabilitation of residential property designed for residential use for less than eight households, the Agency and all contractors, including subcontractors, engaged in contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in whole or in part with assistance provided under this Agreement are subject to the federal labor standards provisions, Davis Bacon and Related Acts (Davis-Bacon Act) as amended (40 USC 3141-5144 and 3146-3148), Agreement No. «IDIS_ContractNumber»
which govern the payment of wages and the ratio of apprentices and trainees to journeyworkers. Under the terms of the Davis-Bacon Act, as supplemented by 29 CFR Part 5, amended, the Agency and/or hired contractors are required to pay all laborers and mechanics employed on construction work wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor, and shall pay overtime compensation in accordance with and subject to the provision of the Contract Work Hours and Safety Standards Act (40 USC 3701-3708), and the Agency shall comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act (40 USC 3145). Provided, that if wage rates higher than those required under the regulations are imposed by State or local laws, nothing hereunder is intended to relieve the Agency of its obligation, if any, to require payment of the higher rates.
17.15.2 The regulations of 24 CFR part 70 shall apply to the use of volunteers; and
17.16 Environmental Review Standards
17.16.1 The Agreement is subject to the regulations of 24 CFR part 58, which specify the provisions of law which further the purposes of the National Environmental Policy Act of 1969.
17.16.2 Nothing in this agreement shall obligate City to reimburse any CDBG funds or authorize Agency to utilize any CDBG funds unless and until City is in receipt of required HUD authorization to use CDBG funds as per the Environmental Requirements of 24 CFR Part 58; and
17.17 Clean Air Act and Water Pollution Control Act for Contracts in Excess of $150,000 All applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations will be reported to the Federal awarding Agency (HUD) and the Regional Office of the Environmental Protection Agency; and
17.18 Flood Disaster Protection Act of 1973
The requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001-4128 and the National Flood Insurance Program in accordance with section 202(a) of the Flood Disaster Protection Act and the regulations in 44 CFR parts 59 through 79); and the Coastal Barrier Resources Act (16 U.S.C. 3601); and
17.19 Uniform Relocation Assistance
Uniform Relocation Assistance and Real Property Acquisition Policies Act Of 2070 (URA) 49 CFR 24 and 24 CFR 570.606, Displacement, Relocation, Acquisition, and Replacement of Housing; and the City of Santa Barbara Tenant Displacement Assistance Ordinance (SBMC 28.89); and
17.20 Executive Order 13279
Agreement No. «IDIS_ContractNumber»
The regulations of Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), and the implementing regulations at 41 CFR chapter 60. As applicable, the requirements of the CDBG Program Regulations for religious or faith-based organizations under 24 CFR 570.200(j); and
17.21 Lead-Based Paint
The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential LeadBased Paint Hazard Reduction Act of 2092 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part; and
17.22 Historic Preservation
The provisions of the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list; and
17.23 Drug-Free Workplace Act
The Drug-Free Workplace Act of 2088 and HUD's implementing regulations at 24 CFR, Part 24, Subpart F, requiring provision of drug-free workplace; and
17.24 Uniform Administrative Requirements
The policies, guidelines, and requirements of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, specified under 2 CFR 200. In addition, Agency shall ensure compliance with the above uniform administrative requirements by any sub-grant or subcontract entered into by Agency that is financed in whole or in part with assistance provided under this Agreement; and
17.25 Conflict of Interest
The conflict of interest provisions, as applicable, in accordance with 2 CFR Part 200.112, 24 CFR Part 92.356, and 24 CFR Part 570.611; and
17.26 Eligibility Restrictions
The eligibility restrictions set forth by 24 CFR 570.613; and
17.27 Architectural Barriers Act and the Americans with Disabilities Act The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157), the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-20, subpart 101-20.6, for general type buildings), and Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 219 and 225) (ADA); and
17.28 Prohibited Political and Lobbying Activities
Agreement No. «IDIS_ContractNumber»
Federal funds shall not be used to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as candidate forums, voter transportation, or voter registration. In accordance with 31 U.S.C. 1352, federal funds shall not be used for publicity or propaganda purposes or to pay any person for influencing or attempting to influence an officer or employee of any Agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress designed to support or defeat legislation pending before federal, state, or local government; and
17.29 Federal Funding Accountability and Transparency Act Agency shall fully complete Exhibit “E”, attached hereto and incorporated herein as though set forth in full, and return to City the total annual compensation of the top five (5) management or executive employees, by title only, in compliance with the Federal Funding Accountability and Transparency Act of 2006 (FFATA), Public Law 109–282. Agency acknowledges that, if applicable, data provided in Exhibit “E” will be reported in the FFATA Sub-award Reporting System.
18. ASSIGNMENT AND SUBCONTRACTING
18.1 Agency shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of this Agreement or any part thereof or any monies payable hereunder without the prior written consent of City which consent may be withheld in City’s sole and absolute discretion.
18.2 Agency hereby agrees to incorporate or cause to be incorporated in any subcontract for use of these CDBG funds any applicable Federal requirements, including, but not limited to, those specified in Section 15 of this Agreement. In addition, any subcontract by Agency using CDBG funds provided for in this Agreement shall be reviewed by City prior to execution to ensure that all applicable requirements which assume compliance with Federal, State, or local regulations have been incorporated.
19. INTEREST OF CERTAIN FEDERAL OFFICIALS
Agency agrees that no member of or Delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to share any or part of the proceeds of this Agreement, or to any benefit to arise from the same.
20. BONUS, COMMISSION OR FEE
Agency will not pay any bonus, commission, or fee for the purpose of obtaining approval of this Agreement, or any other approval or concurrence requirement by City or its designee to complete the work financed in whole or in part with the proceeds of this Agreement.
21. INTEREST OF PUBLIC BODY PERSONNEL AND OTHER PUBLIC OFFICIALS No member of the governing body of the City of Santa Barbara who exercises any functions or responsibilities in connection with the administration of City's CDBG Program within the City limits of the City of Santa Barbara and no officer or employee who exercises such functions or responsibilities shall have any interest, direct or indirect, in the proceeds of this Agreement, or in any contract entered into by Agency for the performance of work financed in whole or in part with the proceeds of this Agreement.
Agreement No. «IDIS_ContractNumber»
22. NOTICES
Communication and details concerning this Agreement shall be directed to the addressed as follows:
«OrgContactInfo_ExecDirectorFName»
«OrgContactInfo_ExecDirectorLName»,
Community Development Department
Executive Director Housing and Human Services Division
«OrgContactInfo_MailingAddress_Address1»
«OrgContactInfo_MailingAddress_Address2»
P.O. Box 1990
«OrgContactInfo_MailingAddress_Address_CSZ» Santa Barbara, CA 93102-1990
23. SECTION HEADING
The section headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement.
24. BUDGET RESCISSIONS
In the event the City Council or the Federal Department of Housing and Urban Development rescinds any amount of grant monies allocated for this term, this Agreement may be modified and adjusted by the City as a result of those rescissions.
25. CORPORATE AUTHORITY
The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provisions of any other agreement to which such party is bound.
26. EXECUTION
This contract may be executed in any number of original counterparts. The contract will be effective when all parties have executed the same counterpart, or each party has executed separate counterparts and has delivered a copy of the signature page of the counterpart to the other party. Upon execution by all of the parties, the counterparts shall constitute one and the same contract. Counterparts or signature pages may be delivered via delivery of an original or duplicate in person or by mail, or a duplicate, including scanned copy, in an electronic format, including transmission by electronic mail, secure Internet drop-box, facsimile, or similar other standard interchange format capable of reproduction and storage.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.
City of Santa Barbara
A Municipal Corporation
«OrgContactInfo_OrgName»
Agreement No. «IDIS_ContractNumber»
By: By:
Elias Isaacson
Community Development Director
Name: Click here to enter text.
Title: Click here to enter text.
APPROVED AS TO CONTENT:
Laura Dubbels
Housing and Human Services
Manager
Name: Click here to enter text.
President of the Board of Directors
APPROVED AS TO FORM:
Sarah J. Knecht City Attorney
APPROVED AS TO INSURANCE:
Mark Howard
Risk Manager
ATTEST:
Sarah Gorman
City Clerk
Exhibit A
PROJECT SUMMARY
A-1
Agency: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» PROJECT LOCATION: «ProjectDescription_ProjectAddress_Address_Full» PROGRAM PURPOSE: «ProjectDescription_ProgramDescription»
PROJECT DESCRIPTION
«ProjectDescription_ProjectDescription»
Exhibit A
PROJECT TIMELINE
A-2
Agency: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» 1 2 3 4 5 6 7 8
Median 100% $90,100
Very Low 0 - 30% $29,350 $33,550 $37,750 $41,900 $45,300 $48,650 $52,000 $55,350 Low 31 - 50% $48,900 $55,900 $62,900 $69,850 $75,450 $81,050 $86,650 $92,250 Moderate 51%-80% $78,350 $89,550 $100,750 $111,900 $120,900 $129,850 $138,800 $147,750 *NOTE: Family size adjustments in each category are based on the percentages below, with family of 4 as the base 1 2 3 4 5 6 7 8
70% 80% 90% Base 108% 116% 124% 132%
Area Median Income = $100,100
City of Santa Barbara
Community Development Block Grant and Human Services Programs * Maximum Income for Various Income Categories 2022
For families above 8 add 8% to the adjustment, for example for a family of 9 the adjustment is 140% (132% + 8%) (rounded to nearest $50.00)
Family Size*
Number of persons:
Adjustment:
CLIENT DEMOGRAPHICS
EX. LOW INCOME (0-30% MFI) «ClientDataStaffInfo_PeopleServedEx tLowIncome2223»
LOW INCOME (31-50% MFI) «ClientDataStaffInfo_PeopleServedwi thLowIncome2223»
MODERATE (51-80% MFI) «ClientDataStaffInfo_PeopleServedM odIncome2223»
ABOVE MODERATE (81%+MFI) «ClientDataStaffInfo_PeopleServedA boveModIncome2223»
ANNUAL UNDUPLICATED CLIENTS: «ClientDataStaffInfo_TotalUnduplicated» Exhibit A
PROJECT TIMELINE
A-3
Agency: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber»
DEADLINE DATE ACTIONS REQUIRED
Upon Effective Date Environmental Review conducted by City Upon Effective Date AGENCY identifies any Project Manager and develops Final Architectural Drawings, (known as "Project Plan")
November 1, 2023
AGENCY submits to CDBG Staff for review and approval: Project Plan, Scope of Work, and Bid Packet (collectively known as "Project Documents").
Any Permit Applications required for Project must be submitted to City Planning/ Building Divisions.
November 28, 2023 City and AGENCY make any necessary changes to submitted Project Documents and City gives final approval to open bid process publicly December 1, 2023 AGENCY opens and publicly advertises Bid Packet (subject to City approval)
December 22, 2023
Bids due to AGENCY and contractor selected (bids publicly opened in accordance with date, time and location in published bid packet)– within 3 weeks of bid advertisement
January 5, 2024 AGENCY executes contract with selected contractor – within 2 weeks of contractor selection (subject to City approval)
January 19, 2024 Preconstruction conference with AGENCY, contractor and City staff – within 2 weeks of contractor selection
January 26, 2024
AGENCY and contractor submit preconstruction exhibits and contract to City, with ALL required permits pulled by Contractor with appropriate license – within 1 week of preconstruction conference
February 2, 2024 City issues Agency Notice to Proceed - within 1 week of document submittal February 9, 2024 Construction begins - within 1 week of Notice to Proceed During construction AGENCY submits contractors and subcontractors weekly Certified Payrolls and Requests for Reimbursement for construction costs
Before March 25, 2024 AGENCY expends 95% of Project costs, completes Notice of Completion and returns to City for filing at County Clerk Recorder Before April 30, 2024 AGENCY expends 100% of Project costs Before June 30, 2024 AGENCY submits Project Close-out Report and all close out documents to City
Exhibit B
PROJECT BUDGET
B-1
Agency: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber»
REVENUE
Revenue Sources Amount
City of Santa Barbara CDBG «Funding_TotalAmoun
t»
Other City/County Funds $ Click here to enter text.
State Federal Funds $ Click here to enter text.
Foundations/Trusts $ Click here to enter text.
Donations $ Click here to enter text.
Client Fees $ Click here to enter text.
In-Kind $ Click here to enter text.
Other $ Click here to enter text.
Total Revenues $ Click here to enter text.
EXPENSES
Expenses CDBG Other Funding
Environmental Review $ Click here to enter text. $ Click here to enter text.
Drawings and Plans $ Click here to enter text. $ Click here to enter text.
Other Preconstruction Costs $ Click here to enter text. $ Click here to enter text.
Permits $ Click here to enter text. $ Click here to enter text.
Land Acquisition $ Click here to enter text. $ Click here to enter text.
Installation $ Click here to enter text. $ Click here to enter text.
Materials $ Click here to enter text. $ Click here to enter text.
New Construction $ Click here to enter text. $ Click here to enter text.
Rehabilitation $ Click here to enter text. $ Click here to enter text.
Labor $ Click here to enter text. $ Click here to enter text.
Other: $ Click here to enter text. $ Click here to enter text.
Other: $ Click here to enter text. $ Click here to enter text.
Other: $ Click here to enter text. $ Click here to enter text.
Total Expenses $ Click here to enter text. $ Click here to enter text.
Use of Funds: «ProjectDescription_CDBGFundingUseNarr»
Exhibit C
CDBG CONSTRUCTION REQUIREMENTS
C-1
PRE-CONSTRUCTION REQUIREMENTS
1. Agency shall adhere to one of the following bidding processes in accordance with 2 CFR 200.320 to select a contractor:
A. Micro-Purchases Method (for supplies or services less than $3,500).
B. Small Purchases Method (for consulting, design, supplies between $3,500 and $150,000).
C. Competitive Proposals Method (for professional services or purchases over $150,000).
D. Sealed Bids (for all construction).
2. Sealed Bids shall adhere to the following:
A. Bid opportunity/notice shall be publicized.
B. Agency shall prepare a bid packet that contains the following:
i. Introduction and project address;
ii. Bid open date, time and location;
iii. Clearly defined scope of work;
iv. Bond requirements identified;
v. Insurance requirements;
vi. Davis Bacon Act provisions;
vii. Section 3 provisions (for construction over $200,000, or any funding provided to Housing Authority);
viii. Contractor's/Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements - form provided by City;
ix. Certification by Proposed Contractor/Subcontractor Regarding Equal Employment Opportunity – form provided by City;
x. Bidder’s Certification – form provided by City;
xi. Bidder’s Questionnaire – form provided by City;
xii. Sect. 3 Business Certification – form provided by City; xiii. HUD-4010 Form – provided by City;
xiv. Davis-Bacon Act Wage Determination – provided by City.
3. Upon selection of contractor, Agency and contractor/subcontractors shall attend a PreConstruction Conference with City staff.
4. Agency shall submit the following documents to City:
A. Copy of bid advertisement;
B. Copy of bid packet;
C. Bid Summary Sheet – form provided by City;
Exhibit C
CDBG CONSTRUCTION REQUIREMENTS
C-2
D. Copy of all bids received;
E. Copy of the Agency and Contractor Construction Contract using City-provided CDBG contract template;
F. Certificates of Insurance for General Liability and Worker’s Compensation for winning contractor and all subcontractors;
G. Exhibits A-E – forms provided by City, and shall be completed by contractor and all subcontractors, with original signatures.
5. Upon Agency’s completion of the above pre-construction requirements, City shall issue to Agency and contractor a written Notice to Proceed, and contractor shall begin construction work.
REQUIREMENTS DURING CONSTRUCTION
1. Any reimbursement request submitted by Agency, or by agent on behalf of Agency, for the purpose of issuance of any payment under this Agreement requires PRIOR written approval of City staff.
2. Agency shall submit the following with each reimbursement request:
A. Agency Request for Reimbursement – form provided by City; B. Copy of contractor’s work invoice and/or materials receipt(s); C. Agency’s proof of payment to the contractor;
D. Labor and material releases from contractor;
E. Certified Payroll Reports, form WH-347, and Statement of Compliance for each week (whether or not work was performed) with original “wet” signature signed in blue ink.
3. Agency shall obtain PRIOR City approval for any change orders
POST CONSTRUCTION
1. Onsite inspection shall be held with City staff and Agency/contractor.
2. Notice of Completion – form provided by City, signed and submitted to City staff within 10 days of project completion for recordation at the Santa Barbara County Clerk Recorder. (NOTE: Due to California Senate Bill 2, effective January 1, 2018, the cost to record a document is $101. Agency may include this cost as part of the Project budget for use of CDBG funds, or pay this fee using Agency’s own funds).
3. Agency shall submit before and after pictures to City.
Exhibit C
CDBG CONSTRUCTION REQUIREMENTS
C-3
PROJECT CLOSEOUT
1. Five percent (5%) of the construction contract amount shall be retained by City for a minimum of thirty-five days after recordation of Project’s Notice of Completion. This is to ensure completion of work and payment for materials and services and to ensure compliance.
2. Agency shall submit final Request for Reimbursement and supporting documentation for the 5% retention – City reserves the right to withhold retention payment of CDBG funds to Agency beyond 35 days should Agency and/or contractor fail to comply with all federal, state and local regulations pertaining to federally-funded construction projects.
3. Evidence of City Building Permit submitted to City, if applicable.
4. Waiver and Affidavit signed by contractor submitted to City.
5. Agency submits Project Close-Out Report – form provided by City The undersigned recognizes that the foregoing is a summary only and is not to be used as a substitute for the CDBG Construction Projects Guide, the receipt of which is hereby acknowledged. Further, the undersigned accepts that it is the responsibility of Agency and its staff to adhere to the requirements of the City of Santa Barbara’s CDBG Construction Projects Guide X
Signature
Title: Executive Director
Exhibit D
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» D-1
S.B.M.C. 9.126
9.126.010 Certificate Generally.
Consistent with a policy of non-discrimination in employment on contracts of the City of Santa Barbara and in furtherance of the provisions of Sections 1735 and 1777.6 of the California Labor Code, a "Contractor's Obligation for Nondiscriminatory Employment Certificate" as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term of all bid specifications and contracts of the City for purchases, services, and the construction, repair, or improvement of public works. (Ord. 3500 §1(part), 2072.)
9.126.020 Contents of Certificate.
The "contractor's obligation for non-discriminatory employment" is as follows:
In performing the work of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City advising the said labor union or worker's representative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the Fair Employment Practices Commission, or any other appropriate Agency of the State designated by the City for the purposes of investigation to ascertain compliance with the Contractor's obligation for non-discriminatory employment provisions of this contract, or Fair Employment Practices statute. (5) A finding of willful violation of the non-discriminatory employment practices article of this contract or of the Fair Employment Practices Act shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible".
The City shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Exhibit D
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» D-2
Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of any such written notice, the City shall notify the Contractor that unless he demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, he shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that he has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the Fair Employment Practices Commission.
(6) Upon receipt from any person of a complaint of alleged discrimination under any City contract, the City Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract.
In addition to any other remedy or action provided by law or the terms of this contract, the Contractor agrees, that should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the non-discriminatory employment practices provisions of this contract or has willfully violated such provisions, the City may, without liability of any kind, terminate, cancel or suspend this contract, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City, forfeit a penalty of $25.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance. Such moneys shall be recovered from the Contractor. The City may deduct any such penalties from any moneys due the Contractor from the City. (7) The Contractor certifies to the City that he has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City:
(a) The Contractor shall notify all supervisors, foremen and other personnel officers in writing of the content of the non-discrimination provision and their responsibilities under it. (b) The Contractor shall notify all sources of employee referrals, (including unions, employment agencies, advertisements, Department of Employment) of the content of the non-discrimination provision. (c) The Contractor shall file a basic compliance report as required by the City. Willful false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (d) The Contractor shall notify the City of opposition to the non-discrimination provision by individuals, firms or organizations during the period of this contract.
(8) Nothing contained in this Contractor's Obligation for Non-discriminatory Employment Certificate shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at law. (9) (a) In the performance of the work under this contract, the Contractor will include the provisions of the foregoing paragraphs (1) through (8) in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each supplier. (b) The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction by the City, the Contractor may request the City to enter into such litigation to protect the interests of the City. (Ord. 4465, 2087; Ord. 3500 §1(part), 2072.)
Exhibit “E”
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
E-1
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} Provide the total annual compensation (salary and benefits) of the top five (5) management and/or executive employees, by title only, in compliance with Section 16.27 of this Agreement.
EXECUTIVE/MANAGEMENT COMPENSATION
Title Total Compensation
1. Click here Click here
2. Click here Click here
3. Click here Click here
4. Click here Click here
5. Click here Click here
Form completed by: Click here
Title: Click here
AGREEMENT NO. {{IDIS_ContractNumber}}
AGREEMENT FOR USE OF CITY OF SANTA BARBARA
COMMUNITY DEVELOPMENT BLOCK GRANT CAPITAL FUNDS
THIS GRANT AGREEMENT (“Agreement”) is entered into this 1st day of July, 2023 by and between:
CITY OF SANTA BARBARA, a municipal
corporation, hereinafter referred to as “City” CITY
and
CITY OF SANTA BARBARA,
{{OrgContactInfo_OrgName}}, hereinafter referred
to as "Department."
RECITALS:
WHEREAS, the City of Santa Barbara receives an allocation of Federal CFDA #14.219 Community Development Block Grant funds, hereinafter referred to as “CDBG funds,” from the U.S. Department of Housing and Urban Development, hereinafter referred to as “HUD,” to undertake activities which foster assistance to low- and moderate-income neighborhoods; and WHEREAS, Department submitted a proposal for funding to the City Council of the City of Santa Barbara for the {{OrgContactInfo_ProgramName}}, hereinafter referred to as “Project,” which is consistent with the City’s adopted Consolidated Plan for CDBG funds; and WHEREAS, the use of CDBG funds are subject to certain agreements and conditions as more particularly set out in this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. TERM
1.1 This Agreement shall be in effect as of July 1, 2023 (“Effective Date”) and shall remain in effect until June 30, 2024 (“Expiration Date”) unless sooner terminated as herein provided. Nonconstruction related work (e.g. surveys, design), if such expenses are not funded with CDBG funds and will not be reimbursed with CDBG funds, may commence on this Project immediately following the Effective Date of this Agreement. Department shall not commit or expend CDBG funds, through contract or purchase agreements, nor shall Department initiate construction, acquisition, rehabilitation, or conversion paid for with CDBG funds until Department receives written authorization from CITY staff pursuant to Section 5 of this Agreement.
1.2 CDBG funds will not be disbursed to Department unless and until the conditions precedent below are either satisfied to CITY’s satisfaction as determined in CITY’s sole discretion, or waived in writing by CITY:
a. City Council authorizes execution of this Agreement; and b. The Agreement is mutually executed by Department and CITY.
Agreement No. {{IDIS_ContractNumber}}
1.3 Project shall be completed and all CDBG funds shall be expended and disbursed pursuant to Sections 4 and 5 of this Agreement prior to April 30, 2024 in order to meet HUD's timeliness requirements.
1.4 If upon Expiration Date, there remain any allocated, but unspent, CDBG funds, said CDBG funds shall automatically be reprogrammed into the City’s General CDBG contingency account, unless a grant-agreement extension has been granted pursuant to Section 4 of this Agreement.
2. USE OF CDBG FUNDS
2.1 Subject to terms and conditions contained herein, CITY agrees to provide CDBG funds to Department in the amount of {{Funding_TotalAmount}} ({{Funding_TotalAmount_Spelled}} and {{Funding_TotalAmount_Cents}}/100 dollars) for purposes of the Project as described in the Project Summary statement attached hereto as Exhibit "A" and incorporated herein by reference as though set forth in full.
2.2 CITY and Department further agree that CDBG funds shall specifically be used for reimbursement of CDBG-eligible Project costs specified in the Project Budget page attached hereto as Exhibit "B" and incorporated herein by this reference as though set forth in full, including fees necessary to conduct an Environmental Review of the Project in accordance with 24 CFR Part 58.
2.3 City may charge its administrative time in an amount not to exceed 5% of the total Project award identified in Section 2.1 of this Agreement as a “Project Delivery Cost”. Any unused portion of the “Project Delivery Cost,” may be used to reimburse Agency for Eligible Project costs not previously reimbursed.
2.4 In the event that Department desires to use CDBG funds provided for herein for purposes other than those provided in Exhibits “A” and "B," Department shall first submit to City its written request for City’s consent to change the use of CDBG funds.
3. PROJECT BENEFIT
CITY and Department recognize and agree that the use of these CDBG funds must primarily benefit low and moderate income households within the area of the Project as detailed in Department’s Area Benefit Analysis, attached hereto as Exhibit “F” and incorporated herein by this reference as though set forth in full. For the purposes of this Agreement, low and moderate income clientele are defined as households which earn 80% or below of the regional median income as established by HUD and adjusted for household size. CITY agrees to provide Department any updates to the income levels issued by HUD.
4. PROJECT TIMELINE AND COMPLETION DATE
4.1 Department agrees to adhere to the Construction Project Timeline (“Project Timeline”) as provided on Exhibit “A”.
4.2 Said Project Timeline shall include the following completion dates, in order to comply with HUD’s timeliness requirements:
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a. On or before March 25, 2024, Department shall have expended 95 percent of Project costs that are to be reimbursed with CDBG funds in accordance with Section 5 of this agreement and shall cause to be recorded in the Office of the Santa Barbara County Recorder a “Notice of Completion”; and
b. On or before April 30, 2024, 100 percent of Project costs that are to be reimbursed with CDBG funds shall be expended by Department.
4.3 Department’s failure to adhere to the Project Timeline shall be considered an event of default of this Agreement and shall constitute grounds for termination of this Agreement in accordance with Section 12 below. Any requests by Department to amend the Project Timeline shall be submitted in writing, and will be subject to approval by CITY in its sole and absolute discretion.
If approved, Department’s revised timeline shall be made part of this Agreement.
4.4 In the event that the Project is not completed and all CDBG funds are not spent by Department and reimbursed by CITY on or before the Expiration Date of this Agreement, Department shall submit to CITY a written request to extend the Agreement beyond the Agreement Expiration Date, which will be subject to approval by CITY in its sole and absolute discretion. There shall be no further work on the Project or reimbursement of CDBG funds, except for Project costs that are incurred, pursuant to Section 2, prior to the Expiration Date unless and until a written extension of this Agreement is executed by CITY and Department.
5. REIMBURSEMENT AND REPORTING REQUIREMENTS
5.1 CITY and Department agree that all payments made pursuant to this Agreement shall be on a reimbursement-only basis. Department shall submit to CITY detailed requests for reimbursement, including but not limited to, copies of paid invoices, proof of payment, and all other documentation that may be required as detailed in CITY’s Construction Projects Guide, as provided by CITY, and Exhibit “C”, CDBG Construction Requirements, attached hereto and incorporated herein by this reference as though set forth in full.
5.2 Department and CITY hereby agree that Department shall not obligate any CDBG funds, incur any costs or submit any claims or requests for reimbursement pursuant to this Agreement unless and until Department has received from CITY a written “Notice to Proceed” certifying that Department has met applicable preconstruction requirements outlined in Exhibit “C”.
5.3 Department shall provide to CITY quarterly status reports (Quarterly Report) documenting Project progress, expenditures made, and any problems encountered to date in a form provided by CITY.
5.4 The Quarterly Report is submitted quarterly with the first quarter commencing as of the Effective Date. The report is due no later than 10 days after the last day of each quarter. If the 10th of the month following the end of a quarter falls on a weekend or holiday, the due date is the last business day prior to the 10th.
5.5 On or before June 30, 2024, or no later than 15 days after recordation of the “Notice of Completion,” whichever occurs first, Department shall provide CITY a Project Close-Out Report.
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Department shall provide information, in a form provided by CITY, on Project accomplishments, work completed, numbers of clients served, and a financial statement indicating CDBG expenditures to date and fund balance.
6. DEPARTMENT TO MAINTAIN RECORDS
Department shall keep accurate, written records of all expenses incurred by it and of monies received by it and of all studies, statistics and reports made or issued by Department in conducting the Project. In particular, Department shall keep all records and documents as may be necessary to enable CITY to determine if the CDBG funds to be disbursed pursuant to this Agreement have been or are being used in compliance with CITY's requirements and policies relating to CDBG funds. At CITY's request, Department shall furnish CITY with a copy of any record(s) maintained by Department pursuant to the terms of this Agreement. Department shall maintain all such records for at least five (5) years after the termination of this Agreement.
7. AUDIT OF DEPARTMENT'S RECORDS AND FINANCIAL MANAGEMENT
7.1 CITY shall have the right to audit and review all records maintained by Department pursuant to the terms of this Agreement. Any such audit and review may be conducted at any time during Department's regular business hours. Said records shall be open to inspection and audit by CITY, state, or federal representatives, if applicable, during regular business hours for at least five (5) years after termination of this agreement.
7.2 If Department expends $750,000 or more within their accounting year in federal funds, it will be subject to a single-audit according to 2 CFR 200.
8. SOURCE AND AVAILABILITY OF CDBG FUNDS
Department acknowledges that the CDBG funds being used for the purposes of this Agreement are funds subject to an annual allocation by HUD. Department agrees that in the event the CDBG funds made available by this Agreement are not sufficient to enable CITY to make any or all payments otherwise provided for in this Agreement, CITY shall incur no liability to Department, its officers, agents, employees, suppliers, or contractors for failure to make, or for any delay in making, any such payments, as provided for in this Agreement. Department hereby indemnifies and holds CITY harmless from any liability or damage resulting from any such failure to make, or delay in making, any such payments. CITY and Department agree that if the City's Fiscal Year 2023-2024 CDBG funds are decreased or eliminated before the end of Fiscal Year 2023-2024, this Agreement shall be reduced accordingly based on the available CDBG funds.
9. PROGRAM INCOME
9.1 Department hereby agrees that any program income, as defined in 24 CFR 570.500, generated by use of these CDBG funds shall be used for the sole and expressed purposes identified in Section 2 of this Agreement and in accordance with Section 3 of this Agreement. Department shall return to CITY any and all program income not used for the aforementioned purposes.
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9.2 Upon termination of this Agreement, CITY may require remittance of all or part of any program income balances held by Department, except those needed for immediate cash needs.
10. REVERSION OF ASSETS
Any real property under the Department’s control acquired or improved, in whole or in part with, CDBG funds in excess of $25,000 shall either:
a. Be used to meet one of the national objectives specified in 24 CFR 570.208 until five years after expiration of the Agreement, or for such longer period of time as determined to be appropriate by CITY; or
b. Department shall pay to CITY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for the acquisition of, or improvement to, the property. No payment is required after the period of time specified in paragraph (a) of this section.
11. LICENSES AND PERMITS
Department shall obtain and maintain, at Department's own expense, any and all licenses and permits necessary to conduct the Project and to maintain the facilities and render the services proposed to be maintained or rendered in connection with the Project.
12. EVENTS OF DEFAULT
12.1 This Agreement shall be in default upon the occurrence of any of the following events (hereinafter an “Event of Default”):
12.1.1 Failure to Use CDBG Funds as Intended -- Department’s failure to use CDBG funds for purposes that qualify for expenditures in accordance with Exhibit B.
12.1.2. Use of Grant Funds for Unauthorized Purposes -- Department’s incurring of obligations or making of expenditures for purposes which do not constitute authorized expenditures in accordance with Exhibit B, or for purposes which are not permitted or are prohibited under the terms of this Agreement.
12.1.3 Default Under Agreement -- Department's breach of the covenants or obligations under this Agreement.
13. RIGHTS AND OBLIGATIONS UPON DEFAULT
13.1 Remedies Upon Occurrence of Default -- Upon the occurrence of an Event of Default, CITY shall have the right to terminate this Agreement and demand that Department reimburse to CITY an amount equal to one hundred percent (100%) of any and all amounts expended, including interest accrued at the legal rate of interest. Department shall pay such amount due to CITY within 120 days of CITY written demand.
13.2 Reimbursement for Improper Expenditures -- If within five (5) years after the Termination Date or other termination of this Agreement, it is determined by CITY that CDBG funds provided under the terms of this Agreement have been used by or on behalf of Department for purposes which do not qualify as expenditures pursuant to Exhibit “B”, or have been used in a manner or for a purpose not authorized by this Agreement, Department shall, at CITY’s request, pay to CITY Agreement No. {{IDIS_ContractNumber}}
an amount equal to one hundred percent (100%) of any amount expended for unauthorized expenses, including interest accrued on such amounts at the legal rate of interest, within 120 days of CITY request.
13.3 Notice of Default -- Upon the occurrence of an Event of Default, CITY shall notify Department in writing of such occurrence, including a description of the Event of Default.
13.4 Cure -- Department shall be entitled to a period of time in order cure an Event of Default not to exceed thirty (30) days from the date on which the notice described in the preceding paragraph is delivered to Department, or, if the Event of Default cannot reasonably be cured in 30 days, then Department shall have reasonably commenced the cure within 30 days and diligently pursue the cure until its completion but in no event exceeding a period of ninety (90) days; provided in order to cure an Event of Default, Department shall be required to reimburse CITY, within such thirty-day period, for all reasonable expenses incurred by CITY in exercising its rights in connection with any such default.
If Department so cures any default, then this Agreement shall be reinstated and shall remain in full force and effect as if such default had not occurred.
14. CITY'S RIGHT TO TERMINATE AGREEMENT
CITY shall have the right to terminate this Agreement at any time, with or without cause, by giving Department thirty (30) days' prior written notice of CITY's intent to terminate this Agreement; provided, that upon such termination, CITY shall pay all obligations incurred by Department prior to the date of such termination which are for allowable expenditures and which are authorized under the terms of this Agreement.
15. OTHER GOVERNMENT / FEDERAL REQUIREMENTS
Department agrees to comply with all applicable state and local codes, ordinances and other applicable laws, and with all applicable program requirements described by CITY, and to any amendments hereafter to CITY program guidelines and requirements. Department agrees to comply with all applicable federal laws and regulations and to any amendments hereafter including, but not limited to, the following:
15.1 Community Development Block Grant Regulations
The CDBG Regulations, 24 CFR Part 570, and any amendments hereafter thereto; and
15.2 Santa Barbara Municipal Code Non-discrimination Requirements The “Nondiscriminatory Employment Certificate” requirements of SBMC 9.126), attached hereto as Exhibit “D” and incorporated herein by this reference as though set forth in full; and
15.3 Nondiscrimination in Federally Assisted Programs
Title VI of the Civil Rights Act of 2064 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1, prohibiting discrimination upon the basis of race, color, religion, ancestry, sex, marital status, mental or physical disability, age, familial status, sexual orientation, or national origin; and
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15.4 Fair Housing Act
Title VIII of the Civil Rights Act of 2068, 42 U.S.C. 3600-20, and implementing regulations issued at subchapter A of title 24 of the Code of Federal Regulations prohibiting discrimination in the sale, rental and financing of dwellings based on race, color, religion, sex, national origin, disability or familial status (presence of child under age of 19, and pregnant women) and will affirmatively further fair housing; and
15.5 Equal Opportunity in Housing
24 CFR part 107, Executive Order 11063, and implementing regulations which prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds; and
15.6 Housing and Community Development Act
Section 109 of the Housing and Community Development Act requiring that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act; and
15.7 Rehabilitation Act of 2073
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, and with implementing regulations at 24 CFR, Part 8, which prohibit discrimination based on disability in Federally-assisted and conducted programs and activities; and
15.8 Age Discrimination Act of 2075
The Age Discrimination Act of 2075 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR, Part 146, which prohibit discrimination because of age in programs and activities receiving Federal financial assistance; and
15.9 Equal Employment and Contracting Opportunity
15.9.1 The Department will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Department will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Department agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
15.9.2 The Department will, in all solicitations or advertisements for employees placed by or on behalf of the Department, state that all qualified applicants will receive Agreement No. {{IDIS_ContractNumber}}
consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
15.9.3 The Department will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Department's legal duty to furnish information.
15.9.4 The Department will send to each labor union or representative of workers with which Department has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Department's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
15.9.5 The Department will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
15.9.6 The Department will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to Department’s books, records, and accounts by the administering Department (HUD) and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
15.9.7 In the event of the Department's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Department may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
15.9.8 The Department will include the provisions of sections 15.9.1 – 15.9.8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Department will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event an Department becomes involved in, or Agreement No. {{IDIS_ContractNumber}}
is threatened with, litigation with a subcontractor or vendor as a result of such direction the Department may request the United States to enter into such litigation to protect the interests of the United States; and
15.10 Build America Buy America Act
The domestic content procurement preference 41 U.S.C. 8301, unless covered by a waiver, requires that all iron, steel, manufactured products, and construction materials used in covered infrastructure projects are produced in the United States.
15.11 Violence Against Women’s Act -- 24 CFR part 5, subpart L protects victims of domestic violence, dating violence, sexual assault, or stalking who are applying for, or are the beneficiaries of, assistance under a HUD program covered by the Violence Against Women Act (VAWA), as amended (42 U.S.C. 13925 and 42 U.S.C. 14043e et seq.) (“covered housing program,” as defined in § 5.2003). Notwithstanding the title of the statute, protections are not limited to women but cover victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation.
15.11.1 34 U.S.C 12491 -- An applicant for or tenant of housing assisted under a covered housing program may not be denied admission to, denied assistance under, terminated from participation in, or evicted from the housing on the basis that the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the applicant or tenant otherwise qualifies for admission, assistance, participation, or occupancy.
15.11.2 34 U.S.C 12494 -- No public housing agency or owner or manager of housing assisted under a covered housing program shall discriminate against any person because that person has opposed any act or practice made unlawful by the housing title of VAWA (34 U.S.C. chapter 121, subchapter III, Part L), or because that person testified, assisted, or participated in any related matter. Additionally no public housing agency or owner or manager of housing assisted under a covered housing program shall coerce, intimidate, threaten, interfere with, or retaliate against any person who exercises or assists or encourages a person to exercise any rights or protections under the housing title of VAWA.
15.11.3 34 U.S.C 12495 -- Protects the right to report crime and emergencies from one's home. Landlords, homeowners, tenants, residents, occupants, and guests of, and applicants for, housing (“listed protected persons”) “shall have” the right to seek law enforcement or emergency assistance on their own behalf or on behalf of another person in need of assistance. Application of actual or threatened penalties to the listed protected persons based on their requests for assistance or based on criminal activity of which they are a victim or otherwise not at fault under the laws or policies adopted or enforced by covered governmental entities are prohibited.
15.12 Debarred, Suspended or Ineligible Contractors or Subrecipients The requirements set forth in 24 CFR part 5, and Executive Orders 12549 and 12689, prohibiting the use of debarred, suspended or ineligible contractors or subrecipients; and Agreement No. {{IDIS_ContractNumber}}
15.13 Housing and Urban Development Act Of 2068
24 CFR, Part 75, also known as Section 3, provides employment opportunities for businesses and lower income persons in connection with federally-assisted projects. The Department must ensure that the provisions of 24 CFR, Part 75, are included in all subcontracts and that all certification and reporting requirements are met; and
15.14 Minority and Women-Owned Businesses
Executive Orders 11625, 12432, and 12138, which state that recipients of federal assistance shall take affirmative action to encourage participation by minority- and women-owned business enterprises. Department will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women; and
15.15 Labor Standards
15.15.1 Except with respect to the rehabilitation of residential property designed for residential use for less than eight households, the Department and all contractors, including subcontractors, engaged in contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in whole or in part with assistance provided under this Agreement are subject to the federal labor standards provisions, Davis Bacon and Related Acts (Davis-Bacon Act) as amended (40 USC 3141-5144 and 3146-3148), which govern the payment of wages and the ratio of apprentices and trainees to journeyworkers. Under the terms of the Davis-Bacon Act, as supplemented by 29 CFR Part 5, amended, the Department and/or hired contractors are required to pay all laborers and mechanics employed on construction work wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor, and shall pay overtime compensation in accordance with and subject to the provision of the Contract Work Hours and Safety Standards Act (40 USC 3701-3708), and the Department shall comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act (40 USC 3145). Provided, that if wage rates higher than those required under the regulations are imposed by State or local laws, nothing hereunder is intended to relieve the Department of its obligation, if any, to require payment of the higher rates.
15.15.2 The regulations of 24 CFR part 70 shall apply to the use of volunteers; and
15.16 Environmental Review Standards
15.16.1 The Agreement is subject to the regulations of 24 CFR part 58, which specify the provisions of law which further the purposes of the National Environmental Policy Act of 2069.
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15.16.2 Nothing in this agreement shall obligate CITY to reimburse any CDBG funds or authorize Department to utilize any CDBG funds unless and until CITY is in receipt of required HUD authorization to use CDBG funds as per the Environmental Requirements of 24 CFR Part 58; and
15.17 Clean Air Act and Water Pollution Control Act for Contracts in Excess of $150,000 All applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations will be reported to the Federal awarding Department (HUD) and the Regional Office of the Environmental Protection Department; and
15.18 Flood Disaster Protection Act of 1973
The requirements of the Flood Disaster Protection Act of 2073 (42 U.S.C. 4001-4128 and the National Flood Insurance Program in accordance with section 202(a) of the Flood Disaster Protection Act and the regulations in 44 CFR parts 59 through 79); and the Coastal Barrier Resources Act (16 U.S.C. 3601); and
15.19 Uniform Relocation Assistance
Uniform Relocation Assistance and Real Property Acquisition Policies Act Of 2070 (URA) 49 CFR 24 and 24 CFR 570.606, Displacement, Relocation, Acquisition, and Replacement of Housing; and the City of Santa Barbara Tenant Displacement Assistance Ordinance (SBMC 28.89); and
15.20 Executive Order 13279
The regulations of Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), and the implementing regulations at 41 CFR chapter 60. As applicable, the requirements of the CDBG Program Regulations for religious or faith-based organizations under 24 CFR 570.200(j); and
15.21 Lead-Based Paint
The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential LeadBased Paint Hazard Reduction Act of 2092 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this part; and
15.22 Historic Preservation
The provisions of the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state, or local historic property list; and Agreement No. {{IDIS_ContractNumber}}
15.23 Drug-Free Workplace Act
The Drug-Free Workplace Act of 1988 and HUD's implementing regulations at 24 CFR, Part 24, Subpart F, requiring provision of drug-free workplace; and
15.24 Uniform Administrative Requirements
The policies, guidelines, and requirements of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, specified under 2 CFR 200. In addition, Department shall ensure compliance with the above uniform administrative requirements by any subgrant or subcontract entered into by Department that is financed in whole or in part with assistance provided under this Agreement; and
15.25 Conflict of Interest
The conflict of interest provisions, as applicable, in accordance with 2 CFR Part 200.112, 24 CFR Part 92.356, and 24 CFR Part 570.611; and
15.26 Eligibility Restrictions
The eligibility restrictions set forth by 24 CFR 570.613; and
15.27 Architectural Barriers Act and the Americans with Disabilities Act The Architectural Barriers Act of 2068 (42 U.S.C. 4151-4157), the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-20, subpart 101-20.6, for general type buildings), and Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 219 and 225) (ADA); and
15.28 Prohibited Political and Lobbying Activities
Federal funds shall not be used to finance the use of facilities or equipment for political purposes or to engage in other partisan political activities, such as candidate forums, voter transportation, or voter registration. In accordance with 31 U.S.C. 1352, federal funds shall not be used for publicity or propaganda purposes or to pay any person for influencing or attempting to influence an officer or employee of any Department, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress designed to support or defeat legislation pending before federal, state, or local government; and
15.29 Federal Funding Accountability and Transparency Act Department shall fully complete Exhibit “E”, attached hereto and incorporated herein as though set forth in full, and return to CITY the total annual compensation of the top five (5) management or executive employees, by title only, in compliance with the Federal Funding Accountability and Transparency Act of 2006 (FFATA), Public Law 109–282. Department acknowledges that, if applicable, data provided in Exhibit “E” will be reported in the FFATA Subaward Reporting System.
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16. NONDISCRIMINATION
Department agrees to comply in all respects with the nondiscrimination certificate entitled Nondiscriminatory Employment Certificate (SBMC 9.126), attached hereto as Exhibit "E" and incorporated herein by reference as though set forth in full.
17. ASSIGNMENT AND SUBCONTRACTING
17.1 Department shall not assign, delegate, sub-contract, transfer, charge or otherwise dispose of this Agreement or any part thereof or any monies payable hereunder without the prior written consent of CITY which consent may be withheld in CITY’s sole and absolute discretion.
17.2 Department hereby agrees to incorporate or cause to be incorporated in any subcontract for use of these CDBG funds any applicable Federal requirements, including, but not limited to, those specified in Section 15 of this Agreement. In addition, any subcontract by Department using CDBG funds provided for in this Agreement shall be reviewed by CITY prior to execution to ensure that all applicable requirements which assume compliance with Federal, State, or local regulations have been incorporated.
18. INTEREST OF CERTAIN FEDERAL OFFICIALS
Department agrees that no member of or Delegate to the Congress of the United States, and no resident Commissioner, shall be admitted to share any or part of the proceeds of this Agreement, or to any benefit to arise from the same.
19. BONUS, COMMISSION OR FEE
Department will not pay any bonus, commission, or fee for the purpose of obtaining approval of this Agreement, or any other approval or concurrence requirement by CITY or its designee to complete the work financed in whole or in part with the proceeds of this Agreement.
20. INTEREST OF PUBLIC BODY PERSONNEL AND OTHER PUBLIC OFFICIALS No member of the governing body of the City of Santa Barbara who exercises any functions or responsibilities in connection with the administration of CITY's CDBG Program within the City limits of the City of Santa Barbara and no officer or employee who exercises such functions or responsibilities shall have any interest, direct or indirect, in the proceeds of this Agreement, or in any contract entered into by Department for the performance of work financed in whole or in part with the proceeds of this Agreement.
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21. NOTICES
Communication and details concerning this Agreement shall be directed to the addressed as follows:
«OrgContactInfo_ExecDirectorFName»
«OrgContactInfo_ExecDirectorLName»,
Community Development Department
Executive Director Housing and Human Services Division
{{OrgContactInfo_MailingAddress_Address1}} P.O. Box 1990 {{OrgContactInfo_MailingAddress_Address_CSZ}} Santa Barbara, CA 93102-1990
22. SECTION HEADING
The section headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this Agreement.
23. BUDGET RESCISSIONS
In the event the City Council or the Federal Department of Housing and Urban Development rescinds any amount of grant monies allocated for this term, this Agreement may be modified and adjusted by the City as a result of those rescissions.
24. CORPORATE AUTHORITY
The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provisions of any other agreement to which such party is bound.
25. EXECUTION
This contract may be executed in any number of original counterparts. The contract will be effective when all parties have executed the same counterpart, or each party has executed separate counterparts and has delivered a copy of the signature page of the counterpart to the other party. Upon execution by all of the parties, the counterparts shall constitute one and the same contract. Counterparts or signature pages may be delivered via delivery of an original or duplicate in person or by mail, or a duplicate, including scanned copy, in an electronic format, including transmission by electronic mail, secure Internet drop-box, facsimile, or similar other standard interchange format capable of reproduction and storage.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in triplicate, the day and year first above written.
Community Development Department {{OrgContactInfo_OrgName}} Agreement No.
{{IDIS_ContractNumber}}
By: By:
Elias Isaacson
Community Development Director
Name: Click here to enter text.
Title: Click here to enter text.
APPROVED AS TO CONTENT:
Laura Dubbels
Housing and Human Services
Manager
APPROVED AS TO FORM:
Sarah J. KnechtCity Attorney
ATTEST:
Sarah Gorman
City Clerk
Exhibit A
PROJECT SUMMARY
A-1
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} PROJECT LOCATION: {{ProjectDescription_ProjectAddress_Address_Full}} PROGRAM PURPOSE: {{ProjectDescription_ProgramDescription}}
PROJECT DESCRIPTION
{{ProjectDescription_ProgramDescription}}
Exhibit A
PROJECT SUMMARY
A-2
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} 1 2 3 4 5 6 7 8
Median 100% $90,100
Very Low 0 - 30% $29,350 $33,550 $37,750 $41,900 $45,300 $48,650 $52,000 $55,350 Low 31 - 50% $48,900 $55,900 $62,900 $69,850 $75,450 $81,050 $86,650 $92,250 Moderate 51%-80% $78,350 $89,550 $100,750 $111,900 $120,900 $129,850 $138,800 $147,750 *NOTE: Family size adjustments in each category are based on the percentages below, with family of 4 as the base 1 2 3 4 5 6 7 8
70% 80% 90% Base 108% 116% 124% 132%
Area Median Income = $100,100
City of Santa Barbara
Community Development Block Grant and Human Services Programs * Maximum Income for Various Income Categories 2022
For families above 8 add 8% to the adjustment, for example for a family of 9 the adjustment is 140% (132% + 8%) (rounded to nearest $50.00)
Family Size*
Number of persons:
Adjustment:
CLIENT DEMOGRAPHICS
EX. LOW INCOME (0-30% MFI) {{ClientDataStaffInfo_PeopleServedE xtLowIncome2223}}
LOW INCOME (31-50% MFI) {{ClientDataStaffInfo_PeopleServedw ithLowIncome2223}}
MODERATE (51-80% MFI) {{ClientDataStaffInfo_PeopleServed ModIncome2223}}
ABOVE MODERATE (81%+MFI) {{ClientDataStaffInfo_PeopleServedA boveModIncome2223}}
ANNUAL UNDUPLICATED CLIENTS: {{ClientDataStaffInfo_TotalUnduplicated}} Exhibit A
PROJECT SUMMARY
A-3
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}
DEADLINE DATE ACTIONS REQUIRED
Upon Effective Date Environmental Review conducted by City Upon Effective Date DEPARTMENT identifies any Project Manager and develops Final Architectural Drawings
November 1, 2023
DEPARTMENT submits to CDBG Staff for review and approval: Project Plan, Scope of Work, and Bid Packet (collectively known as "Project Documents").
Any Permit Applications required for Project must be submitted to City Planning/ Building Divisions.
November 28, 2023 City and DEPARTMENT make any necessary changes to submitted Project Documents and City gives final approval to open bid process publicly December 1, 2023 DEPARTMENT opens and publicly advertises Bid Packet (subject to City approval)
December 22, 2023
Bids due to DEPARTMENT and contractor selected (bids publicly opened in accordance with date, time and location in published bid packet)– within 3 weeks of bid advertisement
January 5, 2024 DEPARTMENT executes contract with selected contractor – within 2 weeks of contractor selection (subject to City approval)
January 19, 2024 Preconstruction conference with DEPARTMENT, contractor and City staff – within 2 weeks of contractor selection
January 26, 2024
DEPARTMENT and contractor submit preconstruction exhibits and contract to City, with ALL required permits pulled by Contractor with appropriate license – within 1 week of preconstruction conference
February 2, 2024 City issues Department Notice to Proceed - within 1 week of document submittal
February 9, 2024 Construction begins - within 1 week of Notice to Proceed During construction DEPARTMENT submits contractors and subcontractors weekly Certified Payrolls and Requests for Reimbursement for construction costs Before March 25, 2024 DEPARTMENT expends 95% of Project costs, completes Notice of Completion and returns to City for filing at County Clerk Recorder Before April 30, 2024 DEPARTMENT expends 100% of Project costs Before June 30, 2024 DEPARTMENT submits Project Close-out Report and all close out documents to City
Exhibit B
PROJECT BUDGET
B-1
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}}
REVENUE
Revenue Sources Amount
City of Santa Barbara CDBG {{Funding_TotalAmou
nt}}
Other City/County Funds $ Click here to enter text.
State Federal Funds $ Click here to enter text.
Foundations/Trusts $ Click here to enter text.
Donations $ Click here to enter text.
Client Fees $ Click here to enter text.
In-Kind $ Click here to enter text.
Other $ Click here to enter text.
Total Revenues $ Click here to enter text.
EXPENSES
Expenses CDBG Other Funding
Environmental Review $ Click here to enter text. $ Click here to enter text.
Drawings and Plans $ Click here to enter text. $ Click here to enter text.
Other Preconstruction Costs $ Click here to enter text. $ Click here to enter text.
Permits $ Click here to enter text. $ Click here to enter text.
Land Acquisition $ Click here to enter text. $ Click here to enter text.
Installation $ Click here to enter text. $ Click here to enter text.
Materials $ Click here to enter text. $ Click here to enter text.
New Construction $ Click here to enter text. $ Click here to enter text.
Rehabilitation $ Click here to enter text. $ Click here to enter text.
Labor $ Click here to enter text. $ Click here to enter text.
Other: $ Click here to enter text. $ Click here to enter text.
Other: $ Click here to enter text. $ Click here to enter text.
Other: $ Click here to enter text. $ Click here to enter text.
Total Expenses $ Click here to enter text. $ Click here to enter text.
Use of Funds: {{ProjectDescription_CDBGFundingUseNarr}} Exhibit C
CDBG CONSTRUCTION REQUIREMENTS
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} C-1
PRE-CONSTRUCTION REQUIREMENTS
1. Department shall adhere to one of the following bidding processes in accordance with 2 CFR 200.320 to select a contractor:
A. Micro-Purchases Method (for supplies or services less than $3,500).
B. Small Purchases Method (for consulting, design, supplies between $3,500 and $150,000).
C. Competitive Proposals Method (for professional services or purchases over $150,000).
D. Sealed Bids (for all construction).
2. Sealed Bids shall adhere to the following:
A. Bid opportunity/notice shall be publicized.
B. Department shall prepare a bid packet that contains the following:
i. Introduction and project address;
ii. Clearly defined scope of work;
iii. Bond requirements identified;
iv. Insurance requirements;
v. Davis Bacon Act provisions;
vi. Section 3 provisions (for construction over $200,000, or $100,000 to single contractor);
vii. Contractor's/Subcontractor's Certification Concerning Labor Standards and Prevailing Wage Requirements - form provided by City;
viii. Certification by Proposed Contractor/Subcontractor Regarding Equal Employment Opportunity – form provided by City;
ix. Bidder’s Certification – form provided by City;
x. Bidder’s Questionnaire – form provided by City;
xi. Sect. 3 Business Certification – form provided by City; xii. HUD-4010 Form – provided by City;
xiii. Davis-Bacon Act Wage Determination – provided by City.
3. Upon selection of contractor, Department and contractor/subcontractors shall attend a PreConstruction Conference with City staff.
4. Department shall submit the following documents to City:
A. Copy of bid advertisement;
B. Copy of bid packet;
C. Bid Summary Sheet – form provided by City;
Exhibit C
CDBG CONSTRUCTION REQUIREMENTS
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} C-2
D. Copy of all bids received;
E. Copy of the Department and Contractor Construction Contract using City-provided CDBG contract template;
F. Certificates of Insurance for General Liability and Worker’s Compensation for winning contractor and all subcontractors;
G. Exhibits A-E – forms provided by City, and shall be completed by contractor and all subcontractors, with original signatures.
5. Upon Department’s completion of the above pre-construction requirements, City shall issue to Department and contractor a written Notice to Proceed, and contractor shall begin construction work.
REQUIREMENTS DURING CONSTRUCTION
1. Any reimbursement request submitted by Department, or by agent on behalf of Department, for the purpose of issuance of any payment under this Agreement requires PRIOR written approval of City staff.
2. Department shall submit the following with each reimbursement request:
A. Department Request for Reimbursement – form provided by City; B. Copy of contractor’s work invoice and/or materials receipt(s); C. Department’s proof of payment to the contractor;
D. Labor and material releases from contractor;
E. Certified Payroll Reports, form WH-347, and Statement of Compliance for each week (whether or not work was performed) with original “wet” signature signed in blue ink.
3. Department shall obtain PRIOR City approval for any change orders
POST CONSTRUCTION
1. Onsite inspection shall be held with City staff and Department/contractor.
2. Notice of Completion – form provided by City, signed and submitted to City staff within 10 days of project completion for recordation at the Santa Barbara County Clerk Recorder. (NOTE: Due to California Senate Bill 2, effective January 1, 2018, the cost to record a document is $101.
Department may include this cost as part of the Project budget for use of CDBG funds, or pay this fee using Department’s own funds).
Exhibit C
CDBG CONSTRUCTION REQUIREMENTS
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} C-3
3. Department shall submit before and after pictures to City.
PROJECT CLOSEOUT
1. Five percent (5%) of the construction contract amount shall be retained by City for a minimum of thirty-five days after recordation of Project’s Notice of Completion. This is to ensure completion of work and payment for materials and services and to ensure compliance.
2. Department shall submit final Request for Reimbursement and supporting documentation for the 5% retention – City reserves the right to withhold retention payment of CDBG funds to Department beyond 35 days should Department and/or contractor fail to comply with all federal, state and local regulations pertaining to federally-funded construction projects.
3. Evidence of City Building Permit submitted to City, if applicable.
4. Waiver and Affidavit signed by contractor submitted to City.
5. Department submits Project Close-Out Report – form provided by City The undersigned recognizes that the foregoing is a summary only and is not to be used as a substitute for the CDBG Construction Projects Guide, the receipt of which is hereby acknowledged. Further, the undersigned accepts that it is the responsibility of Department and its staff to adhere to the requirements of the City of Santa Barbara’s CDBG Construction Projects Guide X
Signature
Title: Executive Director
Exhibit D
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» D-1
S.B.M.C. 9.126
9.126.010 Certificate Generally.
Consistent with a policy of non-discrimination in employment on contracts of the City of Santa Barbara and in furtherance of the provisions of Sections 1735 and 1777.6 of the California Labor Code, a "Contractor's Obligation for Nondiscriminatory Employment Certificate" as hereinafter set forth shall be attached and incorporated by reference as an indispensable and integral term of all bid specifications and contracts of the City for purchases, services, and the construction, repair, or improvement of public works. (Ord. 3500 §1(part), 2072.)
9.126.020 Contents of Certificate.
The "contractor's obligation for non-discriminatory employment" is as follows:
In performing the work of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. The Contractor will take positive action or ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, ancestry, sexual orientation, political affiliation or beliefs, sex, age, physical handicap, medical condition, marital status or pregnancy (as those terms are defined by the California Fair Employment and Housing Act -- Government Code Section 12900-12996), except where such discrimination is based on a bona fide occupational qualification. (3) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the City advising the said labor union or worker's representative of the Contractor's commitments under this provision, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the City, the Fair Employment Practices Commission, or any other appropriate Agency of the State designated by the City for the purposes of investigation to ascertain compliance with the Contractor's obligation for non-discriminatory employment provisions of this contract, or Fair Employment Practices statute. (5) A finding of willful violation of the non-discriminatory employment practices article of this contract or of the Fair Employment Practices Act shall be regarded by the City as a basis for determining that as to future contracts for which the Contractor may submit bids, the Contractor is a "disqualified bidder" for being "non-responsible".
The City shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Exhibit D
NONDISCRIMINATORY EMPLOYMENT CERTIFICATE
Department: «OrgContactInfo_OrgName» Agreement No: «IDIS_ContractNumber» D-2
Contractor has violated the Fair Employment Practices Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of any such written notice, the City shall notify the Contractor that unless he demonstrates to the satisfaction of the City within a stated period that the violation has been corrected, he shall be declared a "disqualified bidder" until such time as the Contractor can demonstrate that he has implemented remedial measures, satisfactory to the City, to eliminate the discriminatory employment practices which constituted the violation found by the Fair Employment Practices Commission.
(6) Upon receipt from any person of a complaint of alleged discrimination under any City contract, the City Administrator shall ascertain whether probable cause for such complaint exists. If probable cause for the complaint is found, the Administrator shall request the City Council to hold a public hearing to determine the existence of a discriminatory practice in violation of this contract.
In addition to any other remedy or action provided by law or the terms of this contract, the Contractor agrees, that should the City Council determine after a public hearing duly noticed to the Contractor that the Contractor has not complied with the non-discriminatory employment practices provisions of this contract or has willfully violated such provisions, the City may, without liability of any kind, terminate, cancel or suspend this contract, in whole or in part. In addition, upon such determination the Contractor shall, as a penalty to the City, forfeit a penalty of $25.00 for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance. Such moneys shall be recovered from the Contractor. The City may deduct any such penalties from any moneys due the Contractor from the City. (7) The Contractor certifies to the City that he has met or will meet the following standards for positive compliance, which shall be evaluated in each case by the City:
(a) The Contractor shall notify all supervisors, foremen and other personnel officers in writing of the content of the non-discrimination provision and their responsibilities under it. (b) The Contractor shall notify all sources of employee referrals, (including unions, employment agencies, advertisements, Department of Employment) of the content of the non-discrimination provision. (c) The Contractor shall file a basic compliance report as required by the City. Willful false statements made in such reports shall be punishable as provided by law. The compliance report shall also specify the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (d) The Contractor shall notify the City of opposition to the non-discrimination provision by individuals, firms or organizations during the period of this contract.
(8) Nothing contained in this Contractor's Obligation for Non-discriminatory Employment Certificate shall be construed in any manner to prevent the City from pursuing any other remedies that may be available at law. (9) (a) In the performance of the work under this contract, the Contractor will include the provisions of the foregoing paragraphs (1) through (8) in all subcontracts and in any supply contract to be performed within the State of California, so that such provisions will be equally binding upon each subcontractor and each supplier. (b) The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction by the City, the Contractor may request the City to enter into such litigation to protect the interests of the City. (Ord. 4465, 2087; Ord. 3500 §1(part), 2072.)
Exhibit “E”
FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
E-1
Department: {{OrgContactInfo_OrgName}} Agreement No: {{IDIS_ContractNumber}} Provide the total annual compensation (salary and benefits) of the top five (5) management and/or executive employees, by title only, in compliance with Section 16.27 of this Agreement.
EXECUTIVE/MANAGEMENT COMPENSATION
Title Total Compensation
1. Click here Click here
2. Click here Click here
3. Click here Click here
4. Click here Click here
5. Click here Click here
Form completed by: Click here
Title: Click here
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: March 21, 2023
TO: Mayor and Councilmembers
FROM: Community Development Department
City Attorney’s Office
SUBJECT: Clarifying Amendments to Municipal Code Section 26.50.070 Relating to the Definition of No-Fault Just Cause for Residential Evictions [Ordinance Adoption]
RECOMMENDATION:
That Council introduce and adopt, as an emergency measure after reading in full, an Emergency Ordinance of the Council of the City of Santa Barbara Amending the Santa Barbara Municipal Code by Amending Section 26.50.070 Pertaining to Just Cause for Residential Evictions.
DISCUSSION:
Santa Barbara Municipal Code Chapter 26.50 is a tenant protection law that is intended to be more protective than statewide regulations found in Civil Code § 1946.2. Key to the operation of Chapter 26.50 is the definition of “no-fault just cause” found in Section
26.50.070 B. 2. Grounds for no-fault just cause eviction include: recovery of a rental unit for the owner’s personal or family residence; removal of the property from the rental market; compliance with a governmental order that requires vacating a rental unit; and demolition or substantial remodel of a rental unit. Public testimony has provided evidence that some landlords are reading the existing code language as having loopholes. The proposed ordinance would close those loopholes by making it clear that any action to recover a rental unit requires good faith on the part of the landlord. The ordinance also makes it clear that recovery of possession for demolition or substantial remodeling may occur only after the landlord has obtained all necessary governmental permits and given advance notice to the tenant, including an explanation of why the work cannot be accomplished safely with the tenant in place and why the work requires the tenant to vacate for more than 30 days.
On December 9, 2020, the City Council adopted Ordinance No. 5979 enacting regulations codified as Chapter 26.50 of the Santa Barbara Municipal Code that are more protective Agenda Item No. 11
File Code No. File Code No. 800.01
Council Agenda Report
Clarifying Amendments to Municipal Code Section 26.50.070 Relating to the Definition of No-Fault Just Cause for Residential Evictions [Ordinance] March 21, 2023
of tenants’ rights than the provisions of Civil Code Section 1946.2. However, the City Council has received numerous reports of actions by owners seeking to exploit apparent loopholes in the ordinance.
There is a housing shortage in Santa Barbara, particularly for middle, moderate, low, and very low-income households. Council is aware of these shortages and has directed staff to undertake a variety of initiatives to address the shortage both by encouraging new housing projects and protecting existing housing stock. This ordinance addresses an urgent need to protect tenants from evictions, particularly evictions by owners using apparent loopholes in existing regulations to exploit and displace tenants. This ordinance reflects the original intention of the City Council when it adopted Ordinance No. 5979.
Therefore, to preclude further disruption and prevent actions that will displace tenants and reduce affordable housing, this ordinance is adopted as an emergency ordinance to be effective immediately upon its adoption as provided in Santa Barbara City Charter Section 511.
Staff believes the proposed amendments are consistent with the City Council’s intent and purpose when it adopted Chapter 26.50.
Introduction and adoption as an emergency measure requires 5 affirmative votes. If there are not 5 affirmative votes for adoption as an emergency measure, the ordinance may be introduced by 4 votes and subsequently adopted at the next regular meeting. An emergency ordinance is effective upon adoption. A regular ordinance is effective 30 days after adoption.
PREPARED BY: Daniel S. Hentschke, Assistant City Attorney SUBMITTED BY: Eli Isaacson, Community Development Director Sarah J. Knecht, City Attorney
APPROVED BY: City Administrator's Office
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1 ORDINANCE NO. _____
AN EMERGENCY ORDINANCE OF THE COUNCIL OF THE
CITY OF SANTA BARBARA AMENDING THE SANTA
BARBARA MUNICIPAL CODE BY AMENDING SECTION
26.50.070 PERTAINING TO JUST CAUSE FOR
RESIDENTIAL EVICTIONS
THE CITY COUNCIL OF THE CITY OF SANTA BARBARA DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings and Determinations. The City Council finds and determines as follows:
A. Safe, decent, and sanitary housing is a human necessity and right.
B. The City Council reaffirms its General Plan Housing Element goal, first stated in 2005, of “ensuring affordable housing opportunities for all economic levels in the community, while protecting the character of established neighborhoods.” (2015 Housing Element, p.57.) The City Council also recognizes that providing a wide range of housing options is important to maintain an economically viable and socially diverse population, and to retain and house the City’s local workforce. The City’s General Plan Housing Element identifies renter-occupied housing units as comprising nearly 60% of the housing available in the City. (2015 Housing Element, p.26.) The Housing Element also documents that given local housing costs, nearly 44% of all households and almost 50% of renters are overpaying for housing. (2015 Housing Element, p.50.) Both the total percentage of City renters and the percentage of renters overpaying for housing are higher than statewide averages. Therefore, the City Council desires to establish COUNCIL DRAFT 03/21/23
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2 reasonable protections for City residents living in rental housing that recognize the important role that rental housing plays in the provision of affordable housing.
C. The Tenant Protection Act of 2019 (Stats. 2019, ch. 597; “AB 1482”) established statewide just cause eviction and relocation assistance protections for residential tenants, but also authorized cities to enact more protective local regulations which supersede state law.
D. On December 9, 2020, the City Council adopted Ordinance No. 5979 enacting regulations codified as Chapter 26.50 of the Santa Barbara Municipal Code that are more protective of tenants’ rights than the provisions of Civil Code Section 1946.2.
However, since its adoption, the City Council has received numerous reports of actions by owners seeking to exploit apparent loopholes in the ordinance. Therefore, the Council finds that it is necessary to make certain amendments consistent with the original intent of Ordinance No. 5979.
E. There is a housing shortage in Santa Barbara, particularly for middle, moderate, low, and very low income households. This Ordinance addresses an urgent need to protect tenants from evictions, particularly evictions by owners using apparent loopholes in existing regulations to exploit and displace tenants. This Ordinance reflects the original intention of the City Council when it adopted Ordinance No. 5979, Therefore, to preclude further disruption and prevent actions that will displace tenants and reduce affordable housing, this Ordinance is adopted as an emergency ordinance to be effective immediately upon its adoption as provided in Santa Barbara City Charter Section 511.
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3 F. The regulations enacted by this Ordinance are more protective than the provisions of Civil Code Section 1946.2. The City Council makes this binding finding because this Ordinance provides higher relocation assistance amounts than state law and provides specific requirements for the exercise of no-fault just cause evictions. In addition, this Ordinance provides additional tenant protections by making permanent the temporary protections provided under AB 1482, which would otherwise sunset in 2030.
SECTION 2. Subdivision B. 2. of Section 26.50.070 of Chapter 26.50 of Title 26 of the Santa Barbara Municipal Code is amended to read as follows:
2. No-fault just cause is any of the following:
a. Intent to occupy The owner seeks in good faith to recover possession of the rental unit for use and occupancy by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents if a provision of the lease allows the owner to terminate the lease when the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the rental unit.
b. Withdrawal ofThe owner seeks in good faith to recover possession to permanently withdraw the property from rental housing use and the owner is removing from the rental market all the rental units on the same parcel of land.from the rental market.
c. The owner seeks in good faith to complying with any of the following:
i. An order issued by a government agency or court relating to habitability that necessitates vacating the rental unit.
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4 ii. An order issued by a government agency or court to vacate the rental unit.
iii. A local ordinance that expressly required necessitates vacating the rental unit.
d. IntentThe owner seeks in good faith to recover possession to totally demolish or to substantially remodel the rental unit, provided the owner has done all of the following:.
i. Given the tenants an early tenant alert notice advising the tenants of the Owners intent to terminate the lease in reliance on this subsection. ii. Obtained all permits necessary to carry out the demolition or substantial remodel from applicable governmental agencies. iii. Served the tenants with a copy of the permits along with a written notice stating the reason for the termination, the type and scope of work to be performed, why the work cannot be reasonable accomplished in a safe manner with the tenant in place, and why the work requires the tenant to vacate the residential real property for at least 30 days. The copy and notice shall be contained in or served concurrently with the notice of termination required by Section 26.50.040.
iv. Filed with the Community Development Department, a copy of the documents served on the tenant under subsection ii.
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5 SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance of any part hereof. The City Council declares that it would have passed each section, subsection, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional.
SECTION 4. The City Council finds that, on the basis of the whole record and exercising its independent judgment, this Ordinance is not subject to environmental review pursuant to the State Guidelines for Implementation of the California Environmental Quality Act Sections 15060(c)(3) pertaining to activities that will not result in a direct or reasonably foreseeable indirect change to the environment and that are not defined as a project under Section 15378. This Ordinance has no potential for resulting in physical change to the environment directly or indirectly in that it merely regulates existing physical development.
SECTION 5. The text underlining (to show additions) and strike-out (to show deletions) is for convenience to show changes from existing law. The codification of this ordinance shall reflect the existing code as amended.
SECTION 6. This Ordinance is an emergency ordinance effective immediately upon its adoption under Santa Barbara Charter Sections 511.
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: March 21, 2023
TO: Mayor and Councilmembers
FROM: Engineering Division, Public Works Department
SUBJECT: Adoption of Resolution of Necessity to Acquire by Eminent Domain Additional Real Property Interests Necessary for the De La Vina Street Bridge Replacement Project [Resolution]
RECOMMENDATION: That Council:
A. Confirm the prior determination of a Categorical Exemption under California Environmental Quality Act Guidelines Section 15302 (replacement of existing structures); and
B. Adopt, by reading of title only, a Resolution of the Council of the City of Santa Barbara Pursuant to Code of Civil Procedure Sections 1245.210 – 1245.270 Declaring the Public Interest and Necessity to Acquire by Eminent Domain Real Property Interests for the De La Vina Street Bridge Replacement Project [2717 De La Vina Street (Assessor’s Parcel Numbers 051-213-015 and 051-213-019) − Temporary Construction Easement].
EXECUTIVE SUMMARY:
City of Santa Barbara (City) staff have worked on the De La Vina Street Bridge Replacement Project (Project) since 2016. The De La Vina Street Bridge (Bridge) over Mission Creek (Creek) is structurally deficient and does not provide the required hydraulic capacity design for today’s storms. The public interest and necessity require a complete replacement of the Bridge, along with creek improvements and construction-related habitat mitigation, and other improvements.
The Bridge design is complete, and construction is anticipated to commence in the spring of 2024. City staff and the City’s consultant have been negotiating right-of-way acquisitions with affected property owners adjacent to the Bridge.
To facilitate Project construction, it is necessary to acquire an approximately 1,325- square-foot Temporary Construction Easement from the property located at 2717 De La Vina Street, Assessor’s Parcel Numbers 051-213-015 and 051-213-019 (Subject Agenda Item No. 12
File Code No. 530.03
Council Agenda Report
Adoption of Resolution of Necessity to Acquire by Eminent Domain Additional Real Property Interests Necessary for the De La Vina Street Bridge Replacement Project [Resolution]
March 21, 2023
Property). The construction easement (Subject Property Interest) is described in Exhibit A and depicted in Exhibit B of the Resolution (Recommendation B).
As required by law, City staff and the City’s property acquisition consultant have been in negotiations with the owner of record to acquire the Subject Property Interest on the Property, but negotiations have stalled. Due to the Project’s compressed timeline and lack of progress with the property owner, City staff request that Council adopt a Resolution of Necessity in accordance with the California Eminent Domain Law to authorize the acquisition of the Subject Property Interest by eminent domain to enable the City to construct the Project.
DISCUSSION:
Background
The Project is located on upper De La Vina Street between Alamar Avenue and Vernon Road (Attachment 1). According to Caltrans’ records, the Bridge was initially built in 1916 and widened in 1926. The Project includes the removal and replacement of the Bridge with a new bridge that meets current seismic, safety, and hydraulic design standards. The Project also includes realigning roadway approaches, abating hazardous building materials, relocating utilities including domestic water and sanitary sewer facilities, constructing channel walls, planting landscape materials, creek and habitat restoration, and adding stormwater treatment facilities. The Bridge and the Project are designed to accommodate future channel widening upstream and downstream. Accordingly, the public interest and necessity require the Project.
Property and Right-of-Way Needs
The Project’s construction requires the acquisition of multiple real property interests, including three temporary construction easements, two minor partial acquisitions, one permanent access easement, and two full property acquisitions. The Project’s design is complete. The final design realigns the new abutment walls to be parallel with the creek, widens the creek to address hydraulic insufficiencies, restores the upstream creek bank, and realigns the sidewalks to reduce crossing distances across De La Vina Street and Vernon Road. Care was taken to minimize public and private impact while addressing the deficiencies of the existing Bridge. Project construction is scheduled to begin in the spring of 2024. The real property interests necessary for the Project, including the Subject Property Interest, are shown in Attachment 2 and listed in the following table.
Council Agenda Report
Adoption of Resolution of Necessity to Acquire by Eminent Domain Additional Real Property Interests Necessary for the De La Vina Street Bridge Replacement Project [Resolution]
March 21, 2023
Property Property Owner Property Interest
2830 De La Vina Street Barbara Properties LLC Permanent Access Easement (wing wall), Permanent
Easement (wing wall), and
Temporary Construction
Easement
2829 Vernon Road 2801 DLV Investors, LP Permanent Easement Acquisition (existing sidewalk)
and Temporary Construction
2733 and 2735 De La Easement
Vina Street
2735 De La Vina, LLC Fee Interest
2726 and 2728 De La
Vina Street
Cynthia Howard, Trustee,
et al.
Fee Interest
2717 De La Vina Street* 2717 De La Vina, LLC Temporary Construction Easement
*Subject Property Interest
The Project cannot be constructed without the acquisition of the real property interests described in the table. With exception to the Subject Property Interest, the owners of those real property interests are either cooperatively negotiating with the City or are involved in eminent domain proceedings. Accordingly, only the Subject Property Interest is the subject of this Resolution and report.
Property Acquisition Process
The City must acquire the Subject Property Interest in accordance with applicable federal and state laws and guidelines for the Project costs to be reimbursed through the Highway Bridge Program (HBP). In addition, California requires compliance with Government Code Sections 7260 et seq. and good faith negotiations.
The City retained Hamner, Jewell & Associates (HJA) to assist the City with the proposed acquisition of the real property interests needed for the Project, including assistance with good faith negotiations and with relocation assistance obligations in connection with the Project. In accordance with applicable law, HJA obtained, on behalf of the City, an independent fair market value appraisal of the Subject Property Interest. The City reviewed the appraisal, set just compensation, and authorized HJA to extend a written offer on behalf of the City pursuant to Government Code Section 7267.2 to the Subject Property owners of record of the Subject Property Interest.
Council Agenda Report
Adoption of Resolution of Necessity to Acquire by Eminent Domain Additional Real Property Interests Necessary for the De La Vina Street Bridge Replacement Project [Resolution]
March 21, 2023
HJA has attempted to negotiate in good faith with the record owner of the Subject Property Interest, but as of March 16, 2023, the parties have not reached a negotiated agreement.
Based on Project timing and the fact that the City and the owners have not reached an agreement, City staff recommends that Council adopt the Resolution of Necessity and authorize the commencement of an eminent domain proceeding for the acquisition of the Subject Property Interest. The City must obtain the right to possession and use of the Subject Property Interest as soon as possible for right-of-way certification purposes and to ensure Project construction can commence. If the City does not meet this milestone, the City’s ability to obtain the necessary reimbursement to construct the Project may be jeopardized, resulting in delays of at minimum one year, and potentially longer to secure the necessary Project funds. Public interest and necessity require that the City proceed with the Project as soon as possible to protect the public and enhance safety and circulation in this area of the City.
The Adoption of the Resolution of Necessity at this time does not preclude the City and the property owner from continuing good faith negotiations to acquire the Subject Property Interest by negotiated purchase. HJA will continue communicating with the Property owner’s representatives on behalf of the City. The Adoption of the Resolution of Necessity at this time will allow the City to proceed with an eminent domain proceeding to acquire the Subject Property Interest by eminent domain and to obtain prejudgment possession in time to meet critical deadlines for Project construction.
HJA is also assisting with tenant relocations for the other impacted parcels in accordance with state law and the City’s Local Rules Governing Nonresidential Relocation Assistance. The acquisition of the Subject Property Interest on the Property will not impact any structures or require the relocation of any person from the Property.
Hearing on the Resolution of Necessity
In compliance with California Code of Civil Procedure (CCP) Section 1245.235, the City sent written notice of this hearing to the owner of record of the Subject Property Interest.
The CCP Section 1245.235 notice is included as Attachment 3. The notice was postmarked on February 27, 2023. The statutory purpose of the notice is to inform the owner of Council’s intent to hear all evidence in consideration of the possible adoption of the Resolution of Necessity and to advise the owner that if they wish to object to the adoption of the Resolution of Necessity, they must do so in writing within 15 days from the date of notice of the Council hearing.
The City is authorized to acquire property by eminent domain for public use in connection with the Project by California Constitution Article 1, Section 19; California Government Code Sections 37350, 37350.5, 37351, 40401, and 40404; and California CCP Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, Council Agenda Report
Adoption of Resolution of Necessity to Acquire by Eminent Domain Additional Real Property Interests Necessary for the De La Vina Street Bridge Replacement Project [Resolution]
March 21, 2023
1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law.
To adopt the proposed Resolution of Necessity for the acquisition by eminent domain of the Subject Property Interest, Council must find and determine with respect to the Resolution of Necessity:
A. That public interest and necessity require the proposed Project.
B. That the proposed Project is planned or located in a manner that will be the most compatible with the greatest public good and the least private injury.
C. That the real property interest described in the Resolution of Necessity is necessary for the proposed Project.
D. That either the offer required by Section 7267.2 of the California Government Code has been made to the owner or owners of record, or the offer has not been made because the owner cannot be located with reasonable diligence.
The amount of just compensation is not an issue at this hearing, which relates to issues A, B, C, and D above. The amount of just compensation would be determined in the eminent domain proceeding that would be filed if Council adopts the proposed Resolution of Necessity.
Adoption of the Resolution of Necessity will authorize the City Attorney and Special Counsel to initiate an eminent domain proceeding in Superior Court. However, the adoption of the Resolution of Necessity does not preclude the City and the property owner from continuing good faith negotiations to acquire the Subject Property Interest by negotiated purchase. Pursuant to CCP Section 1245.240, adoption of the proposed Resolution requires approval by five Council members.
Evidentiary Findings
A. Public Interest and Necessity Require the Project
The Project will replace the existing structurally deficient public street Bridge and improve the creek for flood control purposes. The Project, as planned and designed, is in the public interest and necessity because it will demolish and replace the existing Bridge, which is designated as “structurally deficient.” It is necessary to replace the Bridge to ensure the public has access to a safe structure and to improve circulation in this area. Further, the Project will also benefit the community because it will remove and replace the structurally deficient 100-year-old Bridge with a new bridge that meets current seismic, safety, and design standards. The Project also includes the realignment of roadway approaches, abatement of hazardous building materials, relocation of impacted utilities including domestic water and sanitary sewer facilities, construction of channel walls, planting landscape materials, creek and habitat restoration, and the addition of necessary Council Agenda Report
Adoption of Resolution of Necessity to Acquire by Eminent Domain Additional Real Property Interests Necessary for the De La Vina Street Bridge Replacement Project [Resolution]
March 21, 2023
stormwater treatment facilities, all of which advance the public interest and necessity. The Project, as planned and designed, seeks to minimize the impact on private parcels.
However, the Project requires the acquisition of the Subject Property Interest for a term of 27 months to facilitate Project construction.
Because the Project requires the demolition and replacement of the Bridge, it is not possible to construct the Project without the Subject Property Interest. The City needs access to the approximately 1,325-square-foot Subject Property Interest to facilitate Project construction, including access to demolish, replace, and reconstruct the Bridge; related creek improvements; and habitat mitigation. An approximately 1,200-square-foot portion of the Subject Property Interest is located within the creek area.
To the extent that the Project will impact the interests of easement holders or utilities in the area of the Subject Property Interest, the public use for which the City seeks to acquire the Subject Property Interest, namely for public street and bridge improvements in connection with Project construction, and all uses necessary or convenient thereto, including, but not limited to, realigning roadway approaches, abating hazardous building materials, relocating utilities including domestic water and sanitary sewer facilities, constructing channel walls, planting landscape materials, creek and habitat restoration, and adding stormwater treatment facilities, will not unreasonably interfere with or impair the continuance of the public use to which any easement holders or utilities may have appropriated the Subject Property Interest (CCP Section 1240.510). To the extent that the Project will require the relocation of the interests/facilities of easement holders or utilities located in the area of the Subject Property Interest, the City’s use of the Subject Property Interest for the Project is a more necessary public use within the meaning of CCP Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interest.
Accordingly, the City is authorized to acquire the Subject Property Interest pursuant to CCP Sections 1240.510, 1240.610, and 1240.650.
B. The Project is Planned and Located in the Manner that will be Most Compatible with the Greatest Public Good and the Least Private Injury
The Project has been designed and located in a manner that will be most compatible with the greatest public good and the least private injury. As discussed above, due to the locations of the Subject Property Interest in relation to the existing Bridge and creek, it is necessary to acquire the Subject Property Interest to facilitate Project construction, including the demolition and reconstruction of the Bridge, and to provide access to the creek.
As discussed above, the Project is located in the City on upper De La Vina Street between Alamar Avenue and Vernon Road. According to Caltrans records, the Bridge was initially built in 1916 and widened in 1926. Project construction includes the removal and Council Agenda Report
Adoption of Resolution of Necessity to Acquire by Eminent Domain Additional Real Property Interests Necessary for the De La Vina Street Bridge Replacement Project [Resolution]
March 21, 2023
replacement of the structurally deficient 100-year-old Bridge with a new bridge that meets current seismic, safety, and design standards. The Project also includes realigning roadway approaches, abating hazardous building materials, relocating utilities including domestic water and sanitary sewer facilities, constructing channel walls, planting landscape materials, creek and habitat restoration, and adding stormwater treatment facilities. The City must acquire the Subject Property Interest for access and to facilitate Project construction. The City needs access to the Subject Property Interest to demolish the inadequate Bridge structure and ensure a safe replacement structure that satisfies seismic, safety, and design standards is constructed to ensure safe circulation in this area.
Further, because the Project requires the demolition and replacement of the Bridge, it is not possible to construct the Project without the Subject Property Interest. The inspection and analysis of the Bridge structure showed that the Bridge is not suitable for rehabilitation. The City needs access to the approximately 1,325-square-foot Subject Property Interest to facilitate Project construction, including access to demolish, replace, and reconstruct the Bridge; related creek improvements; and habitat mitigation.
To the extent that the Project will impact the interests of easement holders or utilities in the area of the Subject Property Interest, the public use for which the City seeks to acquire the Subject Property Interest, namely for public street and bridge purposes in connection with Project construction, and all uses necessary or convenient thereto, including, but not limited to, realigning roadway approaches, abating hazardous building materials, relocating utilities including domestic water and sanitary sewer facilities, constructing channel walls, planting landscape materials, creek and habitat restoration, and adding stormwater treatment facilities, will not unreasonably interfere with or impair the continuance of the public use to which any easement holders or utilities may have appropriated the Subject Property Interest (CCP Section 1240.510). To the extent that the Project will require the relocation of the interests/facilities of easement holders or utilities located in the area of the Subject Property Interest, the City’s use of the Subject Property Interest for the Project is a more necessary public use within the meaning of CCP Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interest.
Accordingly, the City is authorized to acquire the Subject Property Interest pursuant to CCP Sections 1240.510, 1240.610, and 1240.650.
C. The Subject Property Interest Described in the Resolution of Necessity is Necessary for the Project
The City cannot construct the Project, as planned and designed, without the acquisition of the Subject Property Interest described above and more particularly in the Exhibits to the Resolution of Necessity. The Resolution of Necessity with its Exhibits is incorporated herein by this reference.
Council Agenda Report
Adoption of Resolution of Necessity to Acquire by Eminent Domain Additional Real Property Interests Necessary for the De La Vina Street Bridge Replacement Project [Resolution]
March 21, 2023
As discussed above, because the Project requires the demolition and replacement of the Bridge, and the City needs the Subject Property Interest to facilitate the construction of the Project, it is not possible to construct the Project without the Subject Property Interest.
The inspection and analysis of the Bridge structure showed that the Bridge is not suitable for rehabilitation. The City needs access to the approximately 1,325-square-foot Subject Property Interest to facilitate Project construction, including access to demolish, replace, and reconstruct the De La Vina Bridge; related creek improvements; and habitat mitigation.
Further, to the extent that the Project will impact the interests of easement holders or utilities in the area of the Subject Property Interest, the public use for which the City seeks to acquire the Subject Property Interest, namely for public street and bridge purposes in connection with Project construction, and all uses necessary or convenient thereto, including, but not limited to, realigning roadway approaches, abating hazardous building materials, relocating utilities including domestic water and sanitary sewer facilities, constructing channel walls, planting landscape materials, creek and habitat restoration, and adding stormwater treatment facilities, will not unreasonably interfere with or impair the continuance of the public use to which any easement holders or utilities may have appropriated the Subject Property Interest (CCP Section 1240.510). To the extent that the Project will require the relocation of the interests/facilities of easement holders or utilities located in the area of the Subject Property Interest, the City’s use of the Subject Property Interest for the Project is a more necessary public use within the meaning of CCP Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interest.
Accordingly, the City is authorized to acquire the Subject Property Interest pursuant to CCP Sections 1240.510, 1240.610, and 1240.650.
D. The City has made Offers as Required by Government Code Section 7267.2 to the Owner of Record of the Subject Property Interest
The City’s real property agent, HJA, made an offer to the owners of record to purchase the Subject Property Interest as required under Government Code Section 7267.2, and will continue good faith negotiation efforts in an attempt to acquire the Subject Property Interest by negotiated purchase. Based on Project timing, critical right-of-way certification deadlines, requirements for obtaining reimbursement for Project costs, and anticipated construction commencement in the spring of 2024, it is necessary for Council to consider the adoption of the Resolution of Necessity at this time. Copies of the offer letter, CCP Section 1245.235 Notice, Notice of Exemption for the Project, and design plans for the Project are incorporated herein by this reference.
The public may request copies of the documents for review from the Public Works Department by contacting [email protected].
Council Agenda Report
Adoption of Resolution of Necessity to Acquire by Eminent Domain Additional Real Property Interests Necessary for the De La Vina Street Bridge Replacement Project [Resolution]
March 21, 2023
BUDGET/FINANCIAL INFORMATION:
The property acquisitions for the Project will be reimbursed through the HBP at the reimbursement rate of 88.53% with the City responsible for the remaining 11.47% of the eligible costs. At the conclusion of negotiations, or court order of possession, staff will return to Council to appropriate funds and acquire the properties.
ENVIRONMENTAL REVIEW:
Under California Environmental Quality Act (CEQA) Guidelines Section 15062, the City’s Community Development Department issued a Notice of Exemption for the Project for filing with the County of Santa Barbara on May 21, 2021. The Project is categorically exempt from CEQA under the provisions of CEQA Guidelines Section 15302, which exempts the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure being replaced and will have substantially the same purpose and capacity.
ATTACHMENTS: 1. Project Vicinity Map
2. Right-of-Way Map of Properties Necessary for Project
3. Notice to Owner of Subject Property Interest
PREPARED BY: Brian D’Amour, P.E., City Engineer/LY/sk
SUBMITTED BY: Clifford M. Maurer, P.E., Public Works Director APPROVED BY: City Administrator’s Office
ATTACHMENT 2
ATTACHMENT 3
1 ATTACHMENT 3
2 ATTACHMENT 3
3 ATTACHMENT 3
4 ATTACHMENT 3
5 ATTACHMENT 3
6 ATTACHMENT 3
7 ATTACHMENT 3
8 1
RESOLUTION NO. 23-_____
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SANTA BARBARA PURSUANT TO CODE OF CIVIL
PROCEDURE SECTIONS 1245.210 — 1245.270
DECLARING THE PUBLIC INTEREST AND NECESSITY
TO ACQUIRE BY EMINENT DOMAIN REAL PROPERTY
INTERESTS FOR THE DE LA VINA STREET BRIDGE
REPLACEMENT PROJECT [2717 DE LA VINA STREET
(ASSESSOR’S PARCEL NUMBERS 051-213-015 AND
051-213-019) − TEMPORARY CONSTRUCTION
EASEMENT]
THE COUNCIL OF THE CITY OF SANTA BARBARA RESOLVES AS FOLLOWS:
SECTION 1. Findings. Based on the evidence presented at the hearing regarding the acquisition of the real property that is the subject of this resolution, including the Council Agenda Report dated March 21, 2023, the documents referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds and determines that:
A. The City seeks to acquire an approximate 1,325-square-foot temporary construction easement with a term of 27 months on the real property located at 2717 De La Vina Street, in the City of Santa Barbara, identified as Santa Barbara County Tax Assessor’s Parcel Numbers (“APNs”) 051-213-015 and 051-213-019 (“Property”), and described more particularly in Exhibit A and depicted on Exhibit B to this resolution (“Subject Property Interest”). The Property is approximately 80,586 square feet in size and consists of APNs 051-213-015 and 051-213-019. The Property is used as an RV park with 35 spaces. The spaces are rented by tenants on a month-to-month basis.
Approximately 18,000 square feet of the Property is located in Mission Creek. The Subject Property Interest is on the portion of the Property identified as APN 051-213- 019. All except for a small 125-square-foot portion of the Subject Property Interest is located in the area of the Property within Mission Creek. None of the structures on the Property are impacted by the Project.
B. This resolution of necessity is adopted in connection with the De La Vina Street Bridge Replacement Project (Project). The Project is located in the City on upper De La Vina Street between Alamar Avenue and Vernon Road. In March 2016, the City received authorization through Caltrans from the Federal Highway Administration (FHWA) to initiate the engineering design phase for the Project. The FHWA provides funding for the replacement and rehabilitation of bridges located off the state and interstate highway system through the Highway Bridge Program (HBP).
The California Department of Transportation (Caltrans) inspects all bridges across the state, including the De La Vina Street Bridge (Bridge), in accordance with National Bridge Inspection Standards. The Caltrans inspection report designated the De La Vina Street Bridge (Bridge) as “structurally deficient” because the deck and 2 superstructure are in poor condition. The structural evaluation indicates the Bridge is not suitable for rehabilitation and requires replacement.
C. The Project is an approved FHWA Bridge Program project with oversight provided by Caltrans. According to Caltrans records, the Bridge was initially built in 1916 and widened in 1926. The construction of the Project includes the removal and replacement of the structurally deficient 100-year-old Bridge with a new bridge that meets current seismic, safety, and design standards. The Project also includes realigning roadway approaches, abating hazardous building materials, relocating utilities including domestic water and sanitary sewer facilities, constructing channel walls, planting landscape materials, creek and habitat restoration, and adding storm water treatment facilities. The Project is to be consistent with the planned flow characteristics of the Lower Mission Creek Flood Control Project and to accommodate future channel widening upstream and downstream. Accordingly, the public interest and necessity require the Project.
D. To construct the Project, it is necessary to acquire an approximate 1,325- square-foot Subject Property Interest from the Property. The Project design realigns the new abutment walls to be parallel with the creek, widens the creek to address hydraulic insufficiencies of the current design, restores the creek bank upstream, and realigns the sidewalk to reduce crossing distances across De La Vina Street and Vernon Street. The City needs access to the approximate 1,325-square-foot Subject Property Interest to facilitate the construction of the Project, including access to demolish, replace, and reconstruct the De La Vina Bridge, related creek improvements and habitat mitigation. The approximate 1,325-square-foot Subject Property Interest that the City needs to acquire for the Project is described more particularly on Exhibit A and depicted on Exhibit B hereto, and is also referred to as the “Subject Property Interest” in the Council Agenda Report dated March 21, 2023, in conjunction with the consideration of this resolution of necessity.
E. Based on the location of the Bridge, scope of construction, and location of the Subject Property Interest in relation to the Bridge, it is necessary for the City to acquire the Subject Property Interest to facilitate the construction of the Project. The Project cannot be constructed without the Subject Property Interest. The City will access the Subject Property Interest from an adjacent parcel. An approximate 1,200- square-foot portion of the Subject Property Interest is located on the portion of the Property within Mission Creek. An approximate 125-square-foot portion of the Subject Property Interest is located at the top of the creek bank on the Property. The City will not use said 125-square-foot portion of the Subject Property Interest for access by vehicles or heavy equipment. Said 125-square-foot portion may be used by the City and its contractors to restore any fencing located in said 125-square-foot portion that may be impacted by the use of the Subject Property Interest to the property line at the top of the bank. The City proposes to use the Subject Property Interest to facilitate the construction activities required for the demolition, removal, construction, and replacement of the De La Vina Bridge, and all uses necessary or convenient thereto, 3 including reasonable and necessary ingress and egress from the adjacent parcel, including access to facilitate the necessary inspections, surveys, demolition, excavations of the De La Vina Bridge on City right of way or City-owned Property, storage of materials, equipment, supplies, in connection with the Project. Upon completion of construction of the Project, the City will restore the 1,325-square-foot area comprising the Subject Property Interest to as close as possible to the condition of said area prior to use by the City for the Project, except that any landscaping and vegetation impacted by the use of the Subject Property Interest will be replaced with material of like kind and quality or by such native landscaping and vegetation approved by the City’s landscape expert. The fencing located in the 125-square-foot portion of the Subject Property Interests impacted by the Project will be replaced with material of like kind and quality or better.
F. The City is authorized to acquire by eminent domain the Subject Property Interest for public use in connection with the Project pursuant to the authority conferred upon the City to acquire property by eminent domain by California Constitution Article 1, Section 19, California Government Code Sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650, and by other provisions of law. The Subject Property Interest is acquired for public use, namely for public street and bridge purposes in connection with the construction of the Project, and all uses necessary or convenient thereto, including, but not limited to, removal and replacement of the structurally deficient 100-year-old bridge with a new bridge that meets current seismic, safety, and design standards, realignment of roadway approaches, abatement of hazardous building materials, relocation of utilities including domestic water and sanitary sewer facilities, construction of channel walls, planting landscape materials, creek and habitat restoration, and addition of storm water treatment facilities in connection with the Project.
G. The Project will replace the existing structurally deficient public street Bridge and improve Mission Creek for flood control purposes. The Project, as planned and designed, is in the public interest and necessity because it will demolish and replace the existing Bridge, which is designated as "structurally deficient". It is necessary to replace the Bridge to ensure that the public has access to a safe structure and to improve circulation in this area. Further, the Project will also benefit the community because it will remove and replace the structurally deficient 100-year-old Bridge with a new bridge that meets current seismic, safety, and design standards.
The Project also includes the realignment of roadway approaches, abatement of hazardous building materials, relocation of impacted utilities including domestic water and sanitary sewer facilities, construction of channel walls, planting landscape materials, creek and habitat restoration, and the addition of necessary storm water treatment facilities, all of which advance the public interest and necessity.
H. The Project has been designed and located in a manner that will be most 4 compatible with the greatest public good and the least private injury. Due to the location of the Subject Property Interests in relation to the existing Bridge and creek, it is necessary to acquire the Subject Property Interest to facilitate the City’s demolition and reconstruction of the Bridge and related creek and habitat restoration and storm water treatment facilities. The Project cannot be constructed without the acquisition of the Subject Property Interest. It is necessary for the City to demolish the inadequate Bridge structure and ensure that a safe replacement structure that satisfies seismic, safety and design standards is constructed to ensure that the public has safe circulation in this area.
I. To the extent that the Project will impact the interests of easement holders or utilities in the Project area, the public use for which the City seeks to acquire the Subject Property Interest, namely to facilitate the construction of the subject public street and bridge purposes, and all uses necessary or convenient thereto, including, but not limited to, realigning roadway approaches, abating hazardous building materials, relocating utilities including domestic water and sanitary sewer facilities, constructing channel walls, planting landscape materials, creek and habitat restoration, and adding storm water treatment facilities in connection with the Project will not unreasonably interfere with or impair the continuance of the public use to which any easement holders or utilities may have appropriated the Subject Property (Code of Civil Procedure Section 1240.510). To the extent that the Project will require the relocation of the interests/facilities of easement holders or utilities located in the area of the Subject Property Interest, the City's use of the Subject Property Interest for the Project is a more necessary public use within the meaning of Code of Civil Procedure Section 1240.650 than the uses to which said public utility easement holders have appropriated any easements located in the area of the Subject Property Interest.
Accordingly, the City is authorized to acquire the Subject Property Interest pursuant to Code of Civil Procedure Sections 1240.510, 1240.610, and 1240.650.
J. Pursuant to Government Section 7260 et seq., the City's right-of-way consultant obtained a fair market value appraisal of the Subject Property Interest. The City set just compensation for the Subject Property Interest in accordance with the fair market value. The City extended an original written offer to the owner of record, 2717 De La Vina LLC, on March 7, 2022 based on an appraisal waiver. The City’s consultant negotiated with the record owner in good faith over an extended period of time. Based on the time that had passed since the original offer, the City’s consultant recently obtained a new independent fair market value appraisal of the Subject Property Interest on behalf of the City. On November 16, 2022, the City's consultant extended a written offer pursuant to Government Code Section 7267.2 to the owner of record on behalf of the City based on the new appraisal. In accordance with applicable law, the offer included an eminent domain pamphlet that explained the record owner's rights under the Eminent Domain law. In accordance with Government Code Section 7267.2, the City's written offer package contained a written statement of and summary of the basis for, the amount it established as just compensation. The City's offer package set forth the date of value used by the appraiser and explained the appraiser's opinion of 5 the highest and best use of the Property. The offer package also explained the applicable zoning of the Property. The owner received the summary of the principal transactions relied on by the appraiser to arrive at the appraiser's opinion of the fair market value of the Subject Property Interest and comparable market data relied on by the appraiser. Further, the offer letter offered to pay the reasonable costs of the owner, up to $5,000, of an independent appraisal of the Subject Property Interest pursuant to Code of Civil Procedure Section 1263.025.
K. The City provided written notice dated January 9, 2023, to the owner of record of the Property pursuant to Code of Civil Procedure Section 1245.235 of the City Council's intent to consider the adoption of a Resolution of Necessity for the acquisition of the Subject Property Interest by eminent domain. It also notified the record owner of the opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; whether the Subject Property Interest the City seeks to acquire is necessary for the Project; and whether the City made the offer required by Government Code Section 7267.2.
L. The Project is exempt from CEQA. Under California Environmental Quality Act (CEQA) Section 15032, the City’s Community Development Department issued a Notice of Exemption for filing with the County of Santa Barbara on May 21, 2021. CEQA guidelines exempts the replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure being replaced and will have substantially the same purpose and capacity as the structure being replaced. In connection with the proposed Resolutions of Necessity, on February 7, 2023, City Staff reviewed the environmental documentation prepared in connection with the Project. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Project, no substantial changes have occurred in the circumstances under which the Project is undertaken, and that the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Property Interest.
SECTION 2. Determinations. In accordance with the Findings stated in Section 1, the City Council hereby determines that:
A. The public interest and necessity require the Project; B. The Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; C. The Subject Property Interest described more particularly in Exhibit A and depicted on Exhibit B hereto is necessary for the Project; 6 D. The offer required by Government Code Section 7267.2 has been made to the owner or owners of record; and
E. The Project has been determined to be categorically exempt from further environmental review pursuant to California Environmental Quality Guidelines Section 15302.
SECTION 3. Authorization to File Eminent Domain Proceeding. The City Attorney is hereby authorized and directed to prepare, institute, and prosecute in the name of the City, and is authorized to retain a law firm as Special Counsel for such proceedings, if necessary, in the proper Court having jurisdiction thereof, as may be necessary for the acquisition of the Subject Property Interest. The City Attorney and Special Counsel retained on behalf of the City is also authorized and directed to obtain a necessary order of court granting to the City the right of immediate possession and occupancy of the Subject Property Interest. The City Attorney, with the concurrence of the Public Works Director, is also authorized to approve and execute a settlement agreement or stipulated judgment vesting title to the Subject Property Interest described herein on terms and conditions approved by the City Attorney for the best rights of the City.
SECTION 4. Additional Authority. The Public Works Director, with the concurrence of the City Attorney, is authorized to execute all necessary documents in connection with acquisition of the Subject Property Interest by eminent domain or otherwise.
Exhibit A
Legal Description of Subject Property Interest
Exhibit B
Depiction of Subject Property Interest
CITY OF SANTA BARBARA
COUNCIL AGENDA REPORT
AGENDA DATE: March 21, 2023
TO: Mayor and Councilmembers
FROM: Planning Division, Community Development Department SUBJECT: 2022 General Plan Annual Progress Report
RECOMMENDATION:
That Council receive the 2022 General Plan Annual Progress Report.
DISCUSSION:
State law (Senate Bill 1333) requires the City to submit a General Plan Annual Progress Report (APR) to the State Office of Planning and Research and Housing and Community Development by April 1 of each year. The attached report provides an overview of the City’s General Plan implementation in calendar year 2022 and compares it to State guidance and the General Plan’s Vision of a Sustainable Santa Barbara.
State law further requires that all cities and counties create an APR that describes that community’s progress toward implementing their Housing Element. The Housing Element APR fulfills statutory requirements to report certain housing information, including the local agency's progress toward meeting its share of regional housing needs (i.e., applications, entitlements, permits, and certificates of occupancy); certain rezoning activities; actions taken toward completion of housing element programs, and local efforts to remove governmental constraints to the development of housing (Government Codes Sections 65584.3(c) and 65584.5(b)(5)).
Until 2020, the City reported on General Plan implementation through the annual General Plan Implementation and Adaptive Management Program Report, which included indepth analysis of specific discussion topics, a report on the implementation status of the 2011 General Plan Program Environmental Impact Report mitigation measures (Mitigation Monitoring and Reporting Program), and a report on the implementation status of the 2012 Climate Action Plan strategies.
The General Plan Annual Progress Report (Report) replaced the General Plan Implementation and Adaptive Management Plan Report last year and, in compliance with Agenda Item No. 13
File Code No. 650.05
Council Agenda Report
2022 General Plan Annual Progress Report
March 21, 2023
state guidelines, includes broader reporting on calendar year actions that implement the entire General Plan.
Specific topics in the Report include:
1. General Plan Compliance with the California State Office of Planning and Research’s General Plan Guidelines and State Legislation General Plan Amendment Status
Funding and Grant Programs for Housing-Related Programs
2. Review of the City’s Annual Housing Element Annual Progress Report Regional Housing Needs Allocation (RHNA)
Housing Development Applications Submitted
Housing Element Implementation Status
3. 2022 General Plan Implementation Projects and Zoning Ordinance Amendments
Includes a list of completed projects that implement the City’s Circulation Element, Historic Resources Element, Housing Element, Land Use Element, and Open Space Element as well as Zoning Ordinance Amendments
Includes a list of projects in process or ongoing that implement the City’s Circulation Element, Economy and Fiscal Health Element, Housing Element, Land Use Element, and Safety
Element.
ATTACHMENT: 2022 General Plan Annual Progress Report
PREPARED BY: Daniel Gullett, Principal Planner
SUBMITTED BY: Elias Isaacson, Community Development Director APPROVED BY: City Administrator’s Office
2022 General Plan Annual Progress Report
City of Santa Barbara
ATTACHMENT
2022 General Plan Annual Progress Report i
Table of Contents
1. Introduction............................................................................................................1-1 General Plan Elements......................................................................................1-1 The General Plan Vision....................................................................................1-2 General Plan Update Requirements per State Legislation ................................1-3
2. General Plan Compliance with OPR’s General Plan Guidelines and State Legislation .............................................................................................................2-4 Tribal Consultation.............................................................................................2-4 General Plan Amendment Status ......................................................................2-4 Grant Funding for Housing-Related Programs ..................................................2-5
3. Review of the City’s Annual Housing Element Progress Report............................3-1 Regional Housing Needs Allocation ..................................................................3-2 Housing Development Applications Submitted..................................................3-3 Housing Element Implementation Status...........................................................3-4
4. General Plan Implementation and Zoning Ordinance Amendments......................4-5 Completed Projects ...........................................................................................4-5 Projects in Progress or Ongoing........................................................................4-8 Figures
Table 1-1: General Plan Elements.............................................................................1-2 Table 3-1: Regional Housing Needs Allocation Progress (Housing Units).................3-2 Table 3-2: Permitted Housing Projects in 2021 by Project Size.................................3-3 Table 3-3: 2022 Housing Applications Summary.......................................................3-3 Table 3-4: Housing Application Status in 2021 by Project Size .................................3-4 Exhibit
1. Highlighted HCD Housing Element Annual Progress Report Tables 2022 General Plan Annual Progress Report ii
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2022 General Plan Annual Progress Report 1-1
1. Introduction
Starting in 2019, State law requires the City to submit a General Plan Annual Progress Report along with the Housing Element Annual Progress Report (APRs) to the State Office of Planning and Research (OPR) and Housing and Community Development (HCD) by April 1 each year. This General Plan APR satisfies that requirement by providing an overview of General Plan implementation in calendar year 2022 and comparing it to State guidance and the General Plan’s Vision of a Sustainable Santa Barbara.
The City previously reported on General Plan implementation through the annual General Plan Implementation and Adaptive Management Program (AMP) Report, which included in-depth analysis of specific discussion topics, like growth management and greenhouse gas emissions.
This General Plan APR replaced the General Plan Implementation and AMP Report and, in compliance with state guidelines, includes a broader reporting on calendar year actions that implement the entire General Plan. Specific topics in this report include:
• Compliance with OPRs 2017 General Plan Guidelines
• Housing Element Annual Progress Report Summary
• General Plan Implementation Projects and Zoning Ordinance Amendments General Plan Elements
State law says a City’s general plan should be kept current. The City of Santa Barbara does this through this annual review process, comprehensive updates, and targeted amendments.
Updates to entire elements are done as needed and include a look at underlying conditions and preferences. Amendments are typically smaller in scope and involve changing one part in a way that fits within the overall framework. Consideration of amendments are triggered by private applications or by direction from the City Council. Changes to the City of Santa Barbara General Plan require hearings by the Planning Commission and by the City Council. The type of notice provided for the hearings depends on the type of proposed change, but always includes a descriptive item on the meeting agenda, which is published in the newspaper.
State law requires all cities and counties in California to adopt a General Plan, comprised at minimum of seven mandated “Elements,” that address physical development within its jurisdiction. In 2011, the City of Santa Barbara adopted the Plan Santa Barbara General Plan.
This process resulted in a new General Plan Introductory Framework, a comprehensively updated Land Use Element, and a new set of goals and policies for the remaining Elements. The 2011 General Plan update reorganized the Elements, consistent with the Introductory Framework for Sustainability (and State law), and compiled six previous volumes into one document as follows:
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Table 1-1: General Plan Elements
The General Plan Vision
The City’s 2011 General Plan was shaped through extensive community dialogue, which identified key community issues/concerns, or “Policy Drivers.” The Policy Drivers include:
• Growth Management;
• Energy and Climate Change;
• Historic and Community Character;
• Public and Community Health; and
• Economic and Fiscal Health.
The General Plan responds to the Policy Drivers by providing direction through the General Plan’s goals, policies, and possible implementation actions to achieve the “Vision of a Sustainable Santa Barbara,” which is a statement of Santa Barbara’s desired future conditions, values, and characteristics.
Element Last Updated Other Components
Land Use 2011
Housing Ongoing
Open Space, Parks, and Recreation 2011 1972 Open Space Element 1982 Parks and Recreation Element
Economy and Fiscal Health 2011
Historic Resources 2012
Environmental Resources 2011
1979 Conservation Element
1979 Noise Element
Circulation 2011 1997 Circulation Element
Safety 2013
Vision of a Sustainable Santa Barbara
Santa Barbara strives to become a more sustainable community. All members of the Santa Barbara community are stewards, and we accept that responsibility with the understanding that change is inevitable, that perfection can only be pursued, that there will always be a dynamic tension between our many goals, and achieving a momentary balance between them is a never-ending challenge.
The City, residents, businesses, developers and community organizations envision working together to achieve the following:
Sustainability: Becoming more sustainable by managing wise use of resources.
Community Health: Providing a physical environment that is healthy, and encourages healthy, active living.
Environment: Protecting and enhancing the scenic beauty of Santa Barbara’s natural setting and built environment which is intrinsic to our appreciation and enjoyment of the City. At the same time, improving on conservation of resources such as, energy, water, open space, and native habitat, through innovation and determination.
Growth: Managing growth within our limited resources, and in so doing, retaining the desirable aspects of the physical city without sacrificing its economic vibrancy and demographic diversity. 2022 General Plan Annual Progress Report 1-3
General Plan Update Requirements per State Legislation
The State has adopted several amendments to Government Code §65302 that has added new statutory requirements to the required Elements of the General Plan or in General Plan APRs as follows:
SB 379 – adopted 2015
Requires the Safety Element to include a climate change vulnerability assessment, measures to address vulnerability, and comprehensive hazard mitigation and emergency response strategies. Addressing these topics is required upon the next revision of a local hazard mitigation plan on or after January 1, 2017, or, if the local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022.
SB 1000 – adopted 2016
Requires either a separate new Environmental Justice Element or related goals, policies, and objectives integrated into other Elements, if the jurisdiction has a disadvantaged community according to the Office of Environmental Health Hazard Assessment’s CalEnviroScreen tool.
Although the City of Santa Barbara continues to have no designated disadvantaged communities, the City is eager to include Environmental Justice related goals, policies, and objectives integrated into other Elements.
AB 168 – adopted 2020
AB 168 requires new information on the City’s responsibility to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to specified places, features, and objects, pursuant to specified law when adopting or amending the General Plan or Open Space Element. Most recently, SB 1425 requires every local agency review and update its local open space plan by Jan. 1, 20126.
Vision of a Sustainable Santa Barbara
Community Design: Carrying on the tradition of preserving open space for public enjoyment, preserving historic buildings, and the continuity of emblematic architecture in new development and redevelopment.
Historic Resources: Preserving and enhancing historic resources now and in the future.
Housing: Allowing as much housing as possible within resource limits to provide an array of lifestyle options for a demographically and economically diverse resident population.
Transportation: Creating a diverse transportation network that serves our community’s economic vitality, small-town feel, a variety of housing options, economic stewardship, and healthy lifestyles.
Public Services and Facilities: Understanding that public services and facilities are limited resources, in particular with respect to financial considerations, explore technological solutions to safeguard, improve and expand the natural resources of Santa Barbara, while applying innovation to maintain or improve the quality of life and protect the natural environment.
Economy: Seeking stability through diversity, and balance between serving residents and visitors or non-resident investors, consistent with our environmental values and the need to be sustainable and retain unique character.
Civic Participation: Believing the best decisions are made with the greatest community participation. We know that full consensus is rare, but greater participation, where people have an opportunity to be heard and all opinions are respected, will achieve greater understanding, acceptance and appreciation which are so essential to our sense of community.
Over the next 20 years, these are the values for Santa Barbara to increasingly reflect in all its manifestations: physical, cultural and social, and through its General Plan.
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Since the City received funding as part of the state’s Local Government Planning Support Grants Program, AB 168 requires an annual report by April 1 on the status of the use of funds and corresponding impact on housing. The report is included in Section 2 of this General Plan APR.
2. General Plan Compliance with OPR’s General Plan Guidelines and State Legislation
The Governor’s Office of Planning and Research (OPR) adopts and periodically revises General Plan Guidelines for the preparation and content of general plans including detailed information on statutory requirements of the mandated general plan elements. The City’s 2018 General Plan Implementation and Adaptive Management Program Report evaluated the General Plan’s elements to OPR’s “Completeness Checklist” of statutory requirements. The purpose was to prioritize future General Plan Update work efforts.
The City’s General Plan elements were found to mostly comply with OPR’s 2017 Completeness Checklist, including required content and statutory requirements, but there are some topics that could be expanded, clarified, and/or updated to further the community towards the General Plan’s Vision and improve the usability of the document. The Housing Element is the only element that requires a complete periodic update, every eight-years, concurrent with SBCAG’s update to the Regional Transportation Plan. Portions of the Safety Element are required to be reviewed and updated when the Local Hazard Mitigation Plan and/or Housing Element are updated. The other elements are updated with direction from City Council and included in the work program. Since 2018, the City has tracked the required content and statutory requirements for general plan requirements, and they are listed in previous APR reports.
Tribal Consultation
In accordance with City policies and state law, tribal consultation is conducted prior to adoption or amendment of the General Plan, Specific Plan, Environmental Impact Reports and Negative Declarations.
General Plan Amendment Status
The City has not amended the General Plan to specifically reference Tribal Consultation requirements; however, as noted above, existing City policy requires such consultation. Other City policy documents are consistent with State requirements and contain extensive provisions for protection of historic and archaeological resources, including the Land Use and Conservation Element and the Coastal Land Use Plan. Municipal Code Chapter 22.12 Archaeological and Paleontological Resources and the Master Environmental Assessment Guidelines for Archaeological Resources (2002) contain standards for protection of significant archaeological resources. As noted above, it is recommended that updates to the Open Space, Conservation, or Environmental Resources Element reference and incorporate further 2022 General Plan Annual Progress Report 2-5
protections for sacred sites and places of worship per State law, and the Municipal Code be updated as needed.
Grant Funding for Housing-Related Programs
Community Development Block Grant Program (CDBG)
The City is a CDBG Entitlement Jurisdiction and receives an annual allotment of funds accordingly. Since 2018, this annual funding has remained steady at approximately $900,000.
The funds must benefit low and very low-income individuals. The City spends most of its CDBG entitlement funds on capital improvements and related social services. In addition, CDBG program income (loan repayments) is used for rehabilitation of nonprofit rental projects.
Local Early Action Planning (LEAP) Grant
AB 168 requires an annual status report if the city received funding from the Local Government Planning Support Grants Program. In 2021, the City received a $300,000 Local Early Action Planning (LEAP) grant to prepare objective design standards for multi-unit housing. In July 2021, City Council approved a contract with Opticos Design Inc. to prepare the design standards. A Work Group was formed to advise Opticos Design and staff, comprised of members from the Planning Commission, Architectural Board of Review, Historic Landmarks Commission, and local representative of the American Institutes of Architects. In 2022, four Work Group meetings were held, staff conducted public outreach, and Opticos Design completed an Existing Conditions Memo and Admin Draft Objective Design and Development Standards for staff, Work Group, and public review. This project is scheduled to be completed in 2023.
Regional Early Action Planning (REAP) Grant
Grant Funding is available to help regional entities and governments (such as the council of government (COGs), allowing collaboration on projects that have a broader regional impact on housing. In 2022, the City received a $72,594 Regional Early Action Planning (REAP) grant to facilitate local housing production. These grant funds were used to aid in the preparation, public outreach and pending adoption of the City’s Housing Element update. In addition, funding was used for the adoption of the Land Use Element and Zoning Ordinance amendments to ensure the provision of adequate sites to accommodate the regional housing needs assessment (RHNA). The preparation and adoption of environmental documentation for the Housing Element and related tasks were also supported through REAP grant funds. 2022 General Plan Annual Progress Report 3-1
3. Review of the City’s Annual Housing Element Progress Report Every eight years, future housing needs are determined for each region of the state based on growth over a specified period of time (projection period) through the regional housing needs allocation (RHNA) process. The RHNA process uses projected population growth to determine housing and affordability needs relative to household incomes and provides estimates of how many new units are needed to meet those needs. Santa Barbara County Association of Governments (SBCAG) distributes this regional (countywide) housing need to the County and incorporated cities, who must develop a plan (Housing Element) to accommodate the additional housing growth. The City is not required to build the dwelling units assigned through the RHNA process. Rather, the City is responsible for ensuring adequate land is zoned to accommodate projected housing development and to adopt and implement housing programs that promote and facilitate housing construction at all affordability levels without undue governmental constraints.
The City’s most recent Housing Element was completed in 2015 for the eight-year planning period that ends in 2023. The City’s Housing Element was certified by the Department of Housing and Community Development (HCD) in 2015. The next Housing Element cycle is underway and will be completed in 2023.
Government Code §65400 requires that each city, county, or city and county, including charter cities, prepare an annual progress report (APR) on the status of the housing element, using forms (Excel tables) and definitions adopted by HCD. The APR is submitted to HCD and the Office of Planning and Research (OPR) by April 1.
APRs are required to include the following planning and building permit information:
• Housing development applications received
• Units initially included in the application
• Units approved and disapproved
• Sites rezoned to accommodate that portion of the City’s share of RHNA for each income category that could not be accommodated on sites identified in the Housing Element site inventory
• New units that were issued a completed entitlement, building permit, or certificate of occupancy thus far in the housing element cycle, and the income category of each unit • Information on all housing development applications submitted per Government Code Section 65913.4 (SB 35 streamlined ministerial permit process) The HCD Housing Element Annual Progress Report Tables are included as Exhibit 2. Following is a summary of the 2022 data.
2022 General Plan Annual Progress Report 3-2
Regional Housing Needs Allocation
The current Regional Housing Needs Allocation (RHNA) and Housing Element period extends from 2015-2023 and is referred to as the “sixth cycle” since it is the sixth required update since housing element law was majorly revised by the state legislature in 1980. For the sixth cycle RHNA, SBCAG received a regional (countywide) determination of 24,856 units, which is approximately 125 percent higher than the fifth cycle (2014 – 2022) determination of 11,030 units. This increase in the regional determination reflects the markedly different housing markets in 2021 compared with 2014 as well as the addition of new existing need considerations (overcrowding and cost burden) due to state legislation adopted in 2018 (Senate Bill 828, 2018). The City’s sixth cycle RHNA allocation (8,001 units) is 95 percent higher than the fifth cycle (4,100 units).
Table 3-1 shows progress made towards the City’s RHNA allocation from 2015 to 2022.
Table 3-1: Regional Housing Needs Allocation Progress (Housing Units) As with previous years, most permitted housing units in 2022 were in the “Above Moderate” RHNA income category. Given trends to date, the “Above Moderate” income allocation will be likely be achieved during the 5th cycle. However, due to limited progress made in the very low, RHNA Income
Category*
2015-2022
RHNA
2015-2021
Progress
2022
Progress**
2015-2022
Progress**
Remaining
Allocation
Very Low
Deed
Restricted
962
120 0
120 842
Non-Deed
Restricted 0 0
Low
Deed
Restricted
701
112 3
115 586
Non-Deed
Restricted 0 0
Moderate
Deed
Restricted
820
0 12
16 804
Non-Deed
Restricted 4 0
Above
Moderate 1,617 1,121 225 1,577 36
Total 4,100 1,356 240 1,832 2,268
*Very low income is defined as 30-50% of the area median income (AMI); low income is 50-80% of AMI; moderate income is 80-120% of AMI; and above Moderate is >120% of AMI.
**Progress is measured by projects that were issued a building permit. 2022 General Plan Annual Progress Report 3-3
low, and moderate income categories, those targets will not be realized during the fifth cycle.
New targets and approaches will be included in the 2023-2031 Housing Element.
As shown in Table 3-2, Accessory Dwelling Units were the most prevalent type of permitted housing project in 2022 and accounted for 46% of permitted units The largest permitted project in 2022 is for 78 rental units using the City’s Average Unit-Size Density (AUD) incentive program, located at 410 State Street. The next largest application is a four-story mixed-use project, also using the AUD incentive program, located at 825 De La Vina Street. That project consists of a 21-unit rental complex, with a dedicated small commercial floor area. The six remaining multifamily applications were relatively smaller and ranged from two to eight units.
Table 3-2: Permitted Housing Projects in 2022 by Project Size Housing Development Applications Submitted
As shown in Table 3-3, in 2022, 235 housing applications submitted were submitted to the City, representing a total of 428 units. This is a 14 percent increase in the number of applications received in the previous year. Note that no applications in 2022 were submitted under the SB 35 streamlined ministerial approval process, or under the SB9 single-family residential lot split allowance.
Table 3-3: 2022 Housing Applications Summary
As shown in Table 3-4, Accessory Dwelling Units were also the predominate application type submitted. These units required a Coastal Development Permit (CDP) or other discretionary approval. The largest application received in 2022 is for a 48-unit Low and Very Low-income Project Size Permitted Projects Permitted Units
Accessory Dwelling Unit 108 111
Single Family Attached 0 0
Single Family Detached 4 4
Small Multifamily (2-4 units) 2 4
Multifamily (5 or more units) 4 121
Total 118 240
Housing Applications Summary
Total Housing Applications Submitted: 235
Number of Proposed Units in All Applications Received: 428 Total Housing Units Approved: 112
Total Housing Units Disapproved: 0
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deed-restricted residential development. The next largest application is for a mixed-use development, consisting of 5,119 square feet of commercial space and 31,617 square feet of residential space consisting of 39 rental units proposed under the AUD incentive program. The remaining multifamily applications were relatively small is size and ranged from two to eight units.
Table 3-4: Housing Entitlement Status in 2022 by Project Size Housing Element Implementation Status
The 2015-2023 Housing Element contains five goals, 26 policies and 129 implementation actions intended to address the City’s housing needs. The majority of the actions are a continuation of the City’s commitment to produce affordable housing and sound community planning. Many of the programs identified were aimed at protecting neighborhoods, quality design, historic preservation, environmental quality, affordable housing, and socio-economic diversity. As part of the Housing Element Draft, agencies are required to provide a thorough evaluation of goals, policies, and implementation actions for years 2015-2023.
Project Size
Proposed
Projects
Proposed
Units
Approved
Projects
Approved
Units
Accessory Dwelling Unit 212 219 10 11
Single Family Attached 0 2 0 0
Single Family Detached 7 7 1 1
Small Multifamily
(2-4 units) 6 12 0 0
Multifamily
(5 or more units) 10 190 5 110
Total 235 428 16 123
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4. General Plan Implementation and Zoning Ordinance
Amendments
This section presents a summary of General Plan and Municipal Code amendments that implement General Plan policies and actions, with a focus on the Zoning Ordinances (Title 28 Coastal and Title 30 Inland). The summary is divided into two sections: projects completed within the 2022 calendar year; and, projects that are ongoing or in progress. No General Plan amendments were initiated in 2022.
Completed Projects
Circulation Element
Castillo Street Undercrossing Bicycle and Pedestrian Facility Improvements The Castillo Street Undercrossing at U. S. Highway 101 is one of the busieststreets in the City and is a critical walking and biking connection between West Downtown, coastal attractions, and Santa Barbara City College. Castillo Street is also a Vision Zero Priority Corridor. About 77% of serious and fatal injuries happen on just 19% of city streets, so focusing on Vision Zero Priority Corridors like Castillo Street is the most strategic way to get to zero. The community also voiced concerns about this corridor as a major barrier to active transportation in the City’s Pedestrian and Bicycle Master Planning Efforts in 2006 and 2016 and continue to voice concerns.
The purpose of this planning effort is to address the community’s concerns to increase the safety and usability of this connection, with safety enhancements on Castillo Street between Montecito and Cota Streets, and on Haley Street between Castillo and De La Vina Streets.
Facility improvements being considered include raised bike lanes in areas where cyclists are forced to share the road with heavy traffic, wider sidewalks with street trees to provide a buffer between pedestrians and traffic, and the addition of lighting facilities. The planning effort is funded with Measure A grant funds and Streets-Transportation funds and was completed in December 2022. This project implements Circulation Element policies and implementation actions C1.1, C1.2, C1.3, all focused on emphasizing high quality public right-of-way infrastructure to include enhanced pedestrian and bicycle facilities.
Chapala Street Vision Zero Project
The project involved safety enhancements along the Chapala Street corridor including a new traffic signal and improved intersection lighting at Arrellaga Street, and lane reduction from two traffic lanes to one traffic lane plus a bike lane between Arrellaga and Mission Streets. The bike lane provides an improved connection for cyclists traveling between Downtown and the upper De La Vina/State Street area. Chapala Street is a Vision Zero Priority Corridor due to the history of broadside, sideswipe, and speed-related collisions that have resulted in death and/or serious injuries and the project addresses these collision patterns. This project implements Circulation Element policies and implementation actions C6, C6.1, C6.2, all focused on improving traffic flow in conjunction with improving access for pedestrians, bicycles and public and private transit through measures that include physical roadway improvements. 2022 General Plan Annual Progress Report 4-6
Las Positas Modoc Road Multiuse Path Project
This project includes a 2.6 mile-long separated pathway for bicyclists, runners, and pedestrians of all ages and abilities along Las Positas and Modoc Roads. The project is part of the region’s 30 mile Coastal Route that connects UCSB, City of Goleta, City of Santa Barbara, Montecito, Carpinteria, Summerland and Ventura. The project addresses the collision patterns that have plagued this corridor and implements the City’s Vision Zero Strategy to eliminate severe injuries and deaths in City roadways. The project was primarily funded with Active Transportation Program grant funds. This project implements Circulation Element policies and implementation actions C1.1, C1.2, C1.3, all focused on emphasizing high quality public right-of-way infrastructure to include enhanced pedestrian and bicycle facilities.
Historic Resources Element
African American/Black Context Statement
The City of Santa Barbara prepared a Historic Context Statement that provides a holistic history of the African American/Black community in Santa Barbara and identifies possible historic resources that represent that history. The development of the African American/Black Historic Context Statement has been financed in part with Federal funds from the National Park Service, Department of the Interior, through the California Office of Historic Preservation. This program implements Historic Resources Element policy HR7.2 which seeks to identify and preserve historic landscapes, and policies HR9.4 and HR9.5 which promote awareness, appreciation and understanding of all inhabitants of Santa Barbara.
Housing Element
Local Coastal Program Amendment for the Accessory Dwelling Unit Ordinance This amendment is a follow up to the 2020 adoption of amendments to the Zoning Ordinance to comply with changes in state law for accessory dwelling units (ADUs). In 2021, City Council adopted a resolution approving a Local Coastal Program (LCP) amendment for the Title 28 (Coastal) ADU Ordinance amendment. The LCP amendment was approved by the California Coastal Commission (CCC) in December 2021 with two suggested modifications related to coastal development permit requirements for ADUs. Because the ordinance was changed, before it becomes effective in the Coastal Zone, the City accepted the suggested modifications in 2022. The ADU Ordinance implements Housing Element policies and implementation action H15 and H15.1, which call for amending the zoning ordinance to facilitate production of secondary dwelling units (now called ADUs).
Land Use Element
Andrée Clark Bird Refuge Restoration
This 42-acre passive City Park on East Cabrillo Boulevard that contains a shallow 32-acre brackish lake. The lake is a historic salt marsh that was once connected to Sycamore Creek.
However, poor water quality conditions and strong odors at the lake have been problematic since the 1930s. Completed restoration projects include, replacement of the weir gate, construction of an upstream treatment wetland, restoration of habitat around the lake with the 2022 General Plan Annual Progress Report 4-7
installation of native plants and trees, and restoration of dune and salt marsh habitats. This project implements Land Use Element policy OP1 which encourages ample open space through a variety of types.
Average Unit Size Density Incentive Program - Multi-Unit Housing Amendments In 2013, City Council adopted the Average Unit-Size Density Incentive Program (AUD Program) as a Title 30 (Inland) Zoning Ordinance amendment based on the 2011 General Plan initiative to facilitate needed residential development, particularly non-subsidized rental units. The AUD Program encourages housing development by allowing increased densities based on average unit size, with greater densities allowed for smaller average unit sizes. Development standard incentives related to parking, setbacks, and open space were also provided to assist in construction of additional residential units. Amendments to the program are ongoing based on staff and Planning Commission recommendations and public input (see Projects in Progress below). Amendments to Title 30 adopted in 2021 included efforts to:
• Exclude mobile home parks from development under the program • Extend the program to February 28, 2024
These amendments implement Land Use Element policies and implementation actions LG6, LG6.1, LG6.2, LG6.3 encouraging new residential units in multi-unit and commercial areas and Circulation Element policies C7, C7.1, C7.5 for managing parking in the Central Business District.
Open Space Element
Thousand Steps Repair Project
The stairway, originally completed in 1925, provides an essential pedestrian connection to recreational opportunities along the beach and ocean. The Thousand Steps Repair Project included reconstruction of the lowest 24 steps, and installation of ten additional concrete steps to extend the stairway below the wintertime scoured beach condition. The repairs include the installation of new handrails from the street level to the beach, construction of a new concrete guard-rail at the main landing mid-stairway, installation of a drain to capture groundwater to reduce algae growth and potentially slippery stair treads and re-pouring the concrete at the main landing to create positive drainage to the new drain. This project implements Open Space Element Policy OP2 promoting options to support acquisition and maintenance of public open space.
Process Improvements
New City Website
In summer 2022, the City launched a new website featuring a re-envisioned, comprehensive sitemap of web content. An overarching goal for the new website is to serve different users based on their needs and interests. For the City’s land development customers, the new website organization makes it easier to be able to navigate property research tools, look up your permit status, access forms and applications and catch up on the latest City priorities and policies. As a follow up to the launch, staff continue to create new web content and perform quality control in response to customer and staff feedback. 2022 General Plan Annual Progress Report 4-8
Zoning Ordinance Amendments
Local Coastal Program Amendment for the SB 9 Ordinance
This amendment is a follow up to the 2021 adoption of amendments to the Zoning Ordinance to comply with changes in state law per SB 9. In 2021, City Council adopted a resolution approving a LCP amendment for the Title 28 (Coastal) SB 9 Ordinance. The Coastal Commission granted a de minimis determination on February 18, 2023.
Projects in Progress or Ongoing
Circulation Element
Citywide Traffic Model Update
The City’s traffic model is a critical component of the Land Development review process, as well as a tool to guide recommendations of improvement for the City’s transportation circulation system. The purpose of the Traffic Model Update is to predict future traffic patterns. The current traffic model was last validated in 2015 for the General Plan Update process. In addition to accounting for more up to date traffic volumes, the Traffic Model Update will account for the Council-approved General Plan Update nonresidentialsquare footage amounts and development that has occurred since 2015 to calibrate and validate the Traffic Model Update. The Traffic Model Update will be utilized to estimate Vehicle Miles Traveled (VMT), and the consultant will provide a VMT screening checklist and thresholds. The update is targeted to be completed by year end 2023. This project implements implementation action 14.2.2 focused on exploring a coordinated regional traffic model.
Bike Share Pilot Program
Bicycle share is a public, point-to-point transportation option that can reduce traffic congestion and parking demand and provide affordable access to key destinations when trips are too far to walk but too close to drive. Bicycle share has been a requested public transportation option in the City for over a decade and is a documented need in the General Plan’s Circulation Element and Bicycle Master Plan.
In April of 2019, City Council directed City staff to develop and implement a pilot bicycle share program. In June of 2019, a request for applications was released, and three different bicycle share vendors submitted applications for the initial three-year pilot program.
The three-year Bicycle Share Pilot Program (Program) launched on January 28, 2021, with BCycle as the permitted operator. In the first two years since launch, the Program has developed significantly and now provides the City of Santa Barbara with a widely utilized public transportation option. At the end of January of 2023, around 35,000 BCycle riders have ridden over 829,000 miles on BCycle electric bikes (e-bikes). With 226 BCycle e-bikes and 452 docks in service at 78 different stations throughout the City, the fleet is nearing the Program’s goal of installing 500 docks and 250 e-bikes. Since launch, system ridership (miles travelled) has increased in proportion to the number of e-bikesin service. Staff will be returning to Council with 2022 General Plan Annual Progress Report 4-9
an update on the second year of the pilot program and discussing out to transition from a pilot to permanent program. This project implements policies and implementation actions 6.1, 6.1.1,
6.1.2, 6.1.3, 6.1.4 all focused on supporting efforts to expand Transportation Demand Management Programs.
De La Vina Street Safe Crosswalks and Buffered Bike Lanes Project To address collision patterns along De La Vina Street, a buffered bike lane will replace one vehicular travel lane, between Carrillo Street and Haley Street. The lane reduction will eliminate the double-threat condition for pedestrians when one driver stops for a pedestrian, and the driver in the next lane does not. In addition, curb extensions, high visibility signs, and pavement markings will be constructed along six intersections to improve sightlines and decrease pedestrian exposure to traffic by reducing crossing distance and vehicle turning speed.
The buffered bike lane was constructed in 2022. The purpose of the buffered bike was to reduce broadside and sideswipe vehicle versus cyclist collisions. The protected bike lane on Haley Street from De La Vina Street to Chapala Street will be constructed in 2023 and will connect to an existing bike route from Downtown to the Eastside and Lower Eastside neighborhoods. A separate recently constructed project added corridor lighting along both De La Vina Street and Haley Street, providing improved safety at night. These improvements address significant patterns of pedestrian and cyclist-involved collisions that are prevalent in the project area. The project is primarily funded with Active Transportation Program grant funds. This project implements Circulation Element policies and implementation actions C6, C6.1, C6.2, all focused on improving traffic flow in conjunction with improving accessfor pedestrians, bicycles and public and private transit through measures that include physical roadway improvements.
Eastside Community Paseos Project
The Eastside neighborhood of Santa Barbara has a propensity for walking and biking and it needs safe and easy connections. The neighborhood lacks alternatives to biking along the highspeed, busy Milpas Street corridor, which carries over 20,000 vehicles per day and saw 18 bikeinvolved collisions between 2011-2015. Walking can also be an uneasy experience for residents, with missing sidewalks and inadequate crossings in some locations. With a focus on lowvehicular streets, the project will provide a safe route to local schools and parks, encouraging students to bike or walk. It will also create a crosstown bike network by connecting to the Westside Community Paseos Project. Key features will include improved crosswalks, pedestrian refuge islands, new sidewalk, landscaped peninsulas, traffic diverters, and green striping where bike lanes extend through intersections. The project is primarily funded with Active Transportation Program grant funds.
Since summer of 2022, the following safety enhancements for the project have been constructed: new bike lanes on Ortega Street between Chapala and Olive Streets, enhanced pedestrian crossings at the intersections adjacent to Santa Barbara Junior High and Santa Barbara High School, new pedestrian ramps at the intersection of Canon Perdido and Alisos Streets, and new sidewalk on the west side of Alisos Street near Canon Perdido Street. 2022 General Plan Annual Progress Report 4-10
Construction of a bike-friendly route along Alisos Street (between De La Guerra and Cacique Streets) and on Cota Street (between Milpas and Alisos Streets) for the Eastside Community Paseos Project has been delayed. The water main along Alisos Street must be replaced prior to construction, but due to material shortages, the water main replacement has been deferred.
The City anticipates construction of the bike-friendly route to resume in early fall of 2023. The bike friendly route will include landscaped peninsulas and traffic diverters on Alisos Street and a new bike lane and parking pockets on Cota Street. This project implements Circulation Element policies and implementation actions C1.1, C1.2, C1.3, all focused on emphasizing high quality public right-of-way infrastructure to include enhanced pedestrian and bicycle facilities.
Modoc Multiuse Path Extension Project
The Las Positas and Modoc Roads Multiuse Path Project (LPMUP Project) along Las Positas Road from Cliff Drive to Modoc Road and along Modoc Road from Las Positas Road to Calle De Los Amigos was constructed in 2022 providing a separated multiuse path for bicyclists, runners, and pedestrians of all ages and abilities. When the LPMUP Project was initiated, the County of Santa Barbara had no short-term plans to extend the path into the County, so a logical termination of the LPMUP Project was at the intersection of Calle De Los Amigos and Modoc Road. Since that time, the County of Santa Barbara has obtained grant funding to construct a multiuse path along Modoc Road from the City/County boundary to the Obern Trail and began construction on a portion of their path in 2022. Between these two projects leaves a gap of approximately 500 linear feet between Calle De Los Amigos and the City/County boundary. The Modoc Multiuse Path Extension Project fills this gap and will complete the connection from the City’s path to the County’s path. Construction is anticipated in spring 2023. Together these projects provide critical local and regional connections. The project is primarily funded with Measure A grant funds and Measure C. This project implements Circulation Element policies and implementation actions C1.1, C1.2, C1.3, all focused on emphasizing high quality public right-ofway infrastructure to include enhanced pedestrian and bicycle facilities.
Westside Community Paseos Project
The Westside neighborhood of Santa Barbara has a propensity for walking and biking, however it lacks bike facilities and a safe and easy crosstown connection. The project will establish safe and efficient connections from the Westside to the Downtown area, the Eastside, and to schools and parks. With a focus on low vehicular-volume streets, the improvements will also provide a safe route to four local schools, encouraging students to bike or walk. Key features will include improved crosswalks, access ramps, improved signage, high visibility bike lanes, traffic signals, traffic diverter medians, and new street lighting. It will also create a connected crosstown bike network by connecting to the Eastside Community Paseos project. Construction began in January 2023, with construction completion by year end 2023. The project is primarily funded with Active Transportation Program grant funds. This project implements Circulation Element policies and implementation actions C1.1, C1.2, C1.3, all focused on emphasizing high quality public right-of-way infrastructure to include enhanced pedestrian and bicycle facilities.
Vision Zero State Street Undercrossing Project
2022 General Plan Annual Progress Report 4-11
The Project connects the City’s two most active transportation-oriented neighborhoods:
Downtown and the Waterfront. The Project will meet the active transportation needs of the community by widening the sidewalk along State Street from Gutierrez Street to Yanonali Street, installing lighting to illuminate the pedestrian walkway, installing buffered bike lanes, and adjusting travel lanes to improve safety along this collision- prone corridor. Construction is anticipated to begin fall 2023. This project implements Circulation Element policies and implementation actions C6, C6.1, C6.2, all focused on improving traffic flow in conjunction with improving access for pedestrians, bicycles and public and private transit through measures that include physical roadway improvements.
Economy & Fiscal Health Element
Accelerate Program
In 2017, City Council initiated the Accelerate Program as one element of the City’s comprehensive effort to assist with economic revitalization of the State Street corridor from Cabrillo Boulevard to Sola Street. The program is part of the downtown business assistance services for State Street businesses. Accelerate services include city staff liaisons to provide consultation for property owners and prospective tenants in evaluating accessibility, restroom, storm water, waste receptacles, and fire prevention requirements prior to submittal of development applications. In addition, development applications receive priority placement on Design Review Boards agendas; and expedited building plan review for tenant improvements.
This program is ongoing and helps implement the City’s Economic Development Plan objectives for downtown revitalization and supporting small businesses. This program is ongoing and implements Economy and Fiscal Health Element policies EF10, EF21 which direct incentivizing downtown business development and promoting small businesses.
Climate Action Plan Update
In 2020, City Council adopted a goal to reach carbon neutrality by 2035. An update to the 2012 Climate Action Plan (CAP) was initiated to meet this and several other goals. The new CAP will include a community-wide greenhouse gas inventory and innovative climate action strategies.
Draft strategies have been developed and an inventory and forecasts conducted. Public release of the document is anticipated in Spring 2023 and adoption is anticipated in Fall 2023.
The CAP update continues to implement policy ER1 and ER5 to address energy efficiency and conservation and implementation actions ER1.1 – 1.3 regarding preparing of a comprehensive Climate Action Plan, greenhouse gas emission inventories and improving carbon sequestration.
State Street Master Plan
In response to the Covid-19 pandemic and public health restrictions, the City temporarily closed downtown State Street to cars and opened the street to be utilized by pedestrians, bicyclists, shoppers, and outdoor dining. The City is currently developing Create State, the State Street Master Plan, to identify a long-term design for downtown Santa Barbara. A series of design options will be released this Spring, with a preferred conceptual design picked this Fall. Final adoption of the plan is anticipated by early 2024. This project implements Circulation Element policies 5.3.4 and 5.5.4 that recommend closing streets to create pedestrian plazas and Economy and Fiscal Health Element EF9 calling for infrastructure improvements to assist in business retention.
2022 General Plan Annual Progress Report 4-12
Housing Element
2023-2031 Housing Element Update
The eight-year update to the Housing Element (i.e., sixth Cycle) was initiated by City Council in 2022. The project includes, among other requirements, evaluating vacant and underdeveloped sites suitable to accommodate the Regional Housing Needs Allocation (RHNA) of 8,001 units.
The project is mostly being completed by staff, with consultant input on the Housing Constraints and Sites Inventory and Analysis sections. After initiation, City Council adopted new goals in May 2022 and the Public Review Draft 2023 – 2031 Housing Element was released in July 2022. After Planning Commission and City Council hearings on the Public Review Draft, the draft was revised and submitted to State Housing and Community Development Department (HCD) for 90-day review in August 2022. HCD’s comments were submitted to the City in November 2022. Staff is revising the 2023 – 2031 Housing Element based on HCD’s and public comments. Adoption of the Final Draft and submittal to HCD for certification is planned for 2023.
Objective Design and Development Standards
To facilitate new housing in Santa Barbara and respond to changes in State law, the City is preparing objective design standards for residential projects in multi-unit zones that currently allow two or more residential units. A consultant was hired in 2021to work with staff on the new standards. A Work Group was formed to advise staff and four meetings were held in 2022.
An Existing Conditions Memo and the Admin Draft of the Objective Design and Development Standards (being proposed as a new form-based, stand-alone Title 25 of the City’s Municipal Code) was released for public review in 2022. This project implements Land Use Element policy LG13 calling for multi-unit design guidelines and standards and the 2015 – 2022 Housing Element implementation actions H14.3, H16.9, H17.4 directing development of design standards and improving the development review process. This project is funded by the Local Early Action Planning Grant Program administered by HCD. Adoption of Title 25 Objective Design and Development Standards is anticipated in 2023.
Land Use Element
AUD Program - Multi-Unit Housing Program Amendments
Ongoing amendments to Title 30 regarding the Average Unit-size Density Incentive Program are being completed in multiple parts. In late 2019, staff was directed to amend density, parking, and development standards, protect existing affordable housing, and make some administrative changes to the program. These amendments are anticipated to be adopted in 2022. These amendments implement Land Use Element policies and implementation actions LG6, LG6.1, LG6.2, LG6.3, LG12, LG12.3, LG12.2, all focused on encouraging new residential units in multi-family and commercial areas of the City and promoting adaptive management of the Average Unit-size Density Incentive Program.
2022 General Plan Annual Progress Report 4-13
Safety Element
Safety Element Update
The update will include current and future hazards assessment, comprehensive vulnerability assessment, local and state policy audits, community outreach and education, a menu and prioritization of adaptation options and specific integration and work plans. Importantly, the scope of work also includes capacity building for City staff and dissemination to regional partners to ensure implementation. The project, along with the 2022 Hazard Mitigation Plan update, form the technical foundation for the comprehensive update to the Safety and Community Resiliency Element of the General Plan in compliance with SB-379, SB-1035 and other state laws.
Process Improvements
Accela Citizen Access (ACA) and New Handouts
In 2020, the City began accepting permit applications and supporting plans and documents online via the City’s online permit tracking system. New forms, handouts, tutorial videos, and applications were made available in support of this service. This program is ongoing and continuously improved with customer and staff feedback. The program implements Housing Element policy H17.4 to evaluate the development review process and make recommendations for improvements.
Jurisdiction Santa Barbara ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 02/15/2015 - 02/15/2023 Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.
Notes+
Summary Row: Start Data Entry Below 26 0 34 0 36 0 336 432 112 0 041-291-023 2512 MURRELL
Rd, SANTA BARBARA, CA 93109
PLN2022-00019
ADU R
1/14/2022
0 0 01 1 0 0 No No N/A Pending
039-212-027 328 W FIGUEROA
St, SANTA BARBARA, CA 93101
PLN2022-00017
ADU R
1/12/2022
0 0 01 1 0 0 No No N/A Pending
041-344-006 121 OLIVER Rd,
SANTA BARBARA, CA 93109 PLN2022-00025
ADU R
1/19/2022
0 0 01 1 1 0 No No N/A Approved
045-081-007 302 COLEMAN
Ave, SANTA BARBARA, CA 93109
PLN2022-00028
ADU R
1/20/2022
0 0 01 1 0 0 No No N/A Pending
045-050-021 1258 SAN MIGUEL
Ave, SANTA BARBARA, CA 93109
PLN2022-00045
ADU R
1/25/2022
0 0 02 2 0 0 No No N/A Pending
019-150-018 130 CAMINO ALTO
Rd, SANTA BARBARA, CA 93103
PLN2022-00052
SFD O
2/7/2022
0 0 01 1 0 0 No No N/A Pending
019-150-005 1709 SYCAMORE
CANYON Rd, SANTA BARBARA, CA 93108
BLD2022-00005
ADU R
1/3/2022
0 0 01 1 0 0 No No N/A Pending
041-291-023 2512 MURRELL
Rd, SANTA BARBARA, CA 93109
BLD2022-00061
ADU R
1/6/2022
0 0 01 1 1 0 No No N/A Approved
053-204-012 2910 PUESTA DEL
SOL, SANTA BARBARA, CA 93105
BLD2022-00038
ADU R
1/4/2022
0 0 01 1 1 0 No No N/A Approved
057-253-005 801 FAWN Pl,
SANTA BARBARA, CA 93105 BLD2022-00001
ADU R
1/3/2022
0 0 01 1 1 0 No No N/A Approved
019-320-026 210 LAS ALTURAS
Rd, SANTA BARBARA, CA 93103
BLD2022-00015
ADU R
1/3/2022
0 0 01 1 0 0 No No N/A Pending
039-023-015 1413 GILLESPIE
St, SANTA BARBARA, CA 93101
BLD2022-00119
ADU R
1/13/2022
0 0 01 1 1 0 No No N/A Approved
045-100-007 2010 EL CAMINO
DE LA LUZ, SANTA BARBARA, CA 93109
BLD2022-00125
ADU R
1/17/2022
0 0 01 1 1 0 No No N/A Approved
027-252-003 420 E
ARRELLAGA St, SANTA BARBARA, CA 93101
PLN2022-00084
2 to 4 R
3/10/2022
0 0 02 2 0 0 No No N/A Pending
019-082-001 LAS TUNAS Rd,
SANTA BARBARA, CA 93103 PLN2022-00058
SFD O
2/9/2022
0 0 01 1 1 0 No No N/A Approved
041-342-002 205 MOHAWK Rd,
SANTA BARBARA, CA 93109 PLN2022-00069
ADU R
2/24/2022
0 0 01 1 1 0 No No N/A Approved
045-184-001 116 SANTA CRUZ
Blvd, SANTA BARBARA, CA 93109
PLN2022-00070
ADU R
2/25/2022
0 0 01 1 0 0 No No N/A Pending
045-132-011 1414 SANTA
ROSA Ave, SANTA BARBARA, CA 93109
PLN2022-00075
ADU R
3/1/2022
0 0 01 1 0 0 No No N/A Pending
037-400-009 821 STATE St,
SANTA BARBARA, CA 93101 PLN2022-00085
5+ R
3/16/2022
0 3 1 10 14 14 0 No Yes Yes Approved
017-373-012 505 S SALINAS St,
SANTA BARBARA, CA 93103 PLN2022-00089
ADU R
3/1/2022
0 0 01 1 1 0 No No N/A Approved
015-174-018 903 ALSTON Rd,
SANTA BARBARA, CA 93108 PLN2022-00090
ADU R
3/22/2022
0 0 01 1 1 0 No No N/A Approved
Table A
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 Housing Development Applications Submitted
Exhibit 1
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.
Notes+
Summary Row: Start Data Entry Below 26 0 34 0 36 0 336 432 112 0 1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 031-051-006 817 SPRING St,
SANTA BARBARA, CA 93103 PLN2022-00092
ADU R
3/22/2022
0 0 01 1 0 0 No No N/A Pending
021-050-028 2108 GIBRALTAR
Rd, SANTA BARBARA, CA 93105
PLN2022-00097
SFD O
3/22/2022
0 0 01 1 0 0 No No N/A Pending
019-262-009 280 LOMA MEDIA
Rd, SANTA BARBARA, CA 93103
PLN2022-00100
ADU R
3/24/2022
0 0 01 1 1 0 No No N/A Approved
019-252-004 933 ROBLE Ln,
SANTA BARBARA, CA 93103 PLN2022-00103
ADU R
3/30/2022
0 0 01 1 0 0 No No N/A Pending
041-330-045 2409 MEDCLIFF
Rd, SANTA BARBARA, CA 93109
PLN2022-00111
ADU R
4/8/2022
0 0 01 1 0 0 No No N/A Pending
045-162-027 218 LAS ONDAS,
SANTA BARBARA, CA 93109 PLN2022-00132
ADU R
4/21/2022
0 0 01 1 0 0 No No N/A Pending
043-081-004 2043 CHINO St,
SANTA BARBARA, CA 93101 PLN2022-00147
ADU R
5/3/2022
0 0 01 1 0 0 No No N/A Pending
039-202-013 528 W FIGUEROA
St, SANTA BARBARA, CA 93101
PLN2022-00148
5+ R
5/4/2022
0 0 07 7 0 0 No No N/A Pending
021-110-040 102 JORGENSON
Ln, SANTA BARBARA, CA 93103
PLN2022-00153
SFD O
5/6/2022
0 0 01 1 0 0 No No N/A Pending
017-281-012 318 S
VOLUNTARIO St, SANTA BARBARA, CA 93103
PLN2022-00162
ADU R
5/13/2022
0 0 01 1 0 0 No No N/A Pending
041-281-032 2604 MESA
SCHOOL Ln, SANTA BARBARA, CA 93109
PLN2022-00164
ADU R
5/9/2022
0 0 01 1 0 0 No No N/A Pending
025-331-006 328 E PADRE St,
SANTA BARBARA, CA 93105 PLN2022-00173
ADU R
5/18/2022
0 0 01 1 0 0 No No N/A Pending
017-213-017 1001 CACIQUE St,
SANTA BARBARA, CA 93103 PLN2022-00185
ADU R
5/25/2022
0 0 02 2 0 0 No No N/A Pending
057-240-051 220 N LA CUMBRE
Rd, SANTA BARBARA, CA 93110
PLN2022-00186
5+ R
5/26/2022
24 24 0 1 49 49 0 No Yes Yes Approved
047-091-036 3002 SEA CLIFF,
SANTA BARBARA, CA 93109 PLN2022-00190
ADU R
5/31/2022
0 0 01 1 0 0 No No N/A Pending
045-143-004 1311 SAN
MIGUEL, SANTA BARBARA, CA 93109
PLN2022-00191
ADU R
5/31/2022
0 0 01 1 0 0 No No N/A Pending
043-163-010 1810 SAN
PASCUAL St, SANTA BARBARA, CA 93101
PLN2022-00193
ADU R
5/31/2022
0 0 02 2 0 0 No No N/A Pending
037-211-026 428 CHAPALA St,
SANTA BARBARA, CA 93101 PLN2022-00198
5+ R
6/6/2022
2 0 2 23 27 0 0 No No N/A Pending
045-213-001 1215 DEL MAR
Ave, SANTA BARBARA, CA 93109
PLN2022-00222
ADU R
6/15/2022
0 0 01 1 1 0 No No N/A Approved
045-100-007 2010 EL CAMINO
DE LA LUZ, SANTA BARBARA, CA 93109
PLN2022-00223
ADU R
6/16/2022
0 0 01 1 0 0 No No N/A Pending
029-133-008 432 DONZE Ave,
SANTA BARBARA, CA 93101 PLN2022-00227
ADU R
6/17/2022
0 0 01 1 0 0 No No N/A Pending
041-371-009 1220 FLORA
VISTA Dr, SANTA BARBARA, CA 93109
PLN2022-00236
ADU R
6/24/2022
0 0 01 1 0 0 No No N/A Pending
051-271-008 2837 CLINTON
TERRACE, SANTA BARBARA, CA 93105
PLN2022-00256
ADU R
7/5/2022
0 0 01 1 0 0 No No N/A Pending
051-353-002 39 ROMAINE Dr,
SANTA BARBARA, CA 93105 PLN2022-00266
ADU R
7/11/2022
0 0 01 1 0 0 No No N/A Pending
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.
Notes+
Summary Row: Start Data Entry Below 26 0 34 0 36 0 336 432 112 0 1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 053-312-010 3508 MADRONA
Dr, SANTA BARBARA, CA 93105
PLN2022-00268
ADU R
7/12/2022
0 0 01 1 0 0 No No N/A Pending
039-023-015 1413 GILLESPIE
St, SANTA BARBARA, CA 93101
PLN2022-00272
ADU R
7/15/2022
0 0 01 1 0 0 No No N/A Pending
031-231-003 712 E COTA St,
SANTA BARBARA, CA 93103 PLN2022-00276
2 to 4 R
7/19/2022
0 3 0 -1 2 0 0 No Yes Yes Pending
031-231-002 710 E COTA St,
SANTA BARBARA, CA 93103 PLN2022-00277
2 to 4 R
7/18/2022
0 3 00 3 0 0 No Yes Yes Pending
027-181-005 1635 STATE St,
SANTA BARBARA, CA 93101 PLN2022-00283
2 to 4 R
7/25/2022
0 0 01 1 0 0 No No N/A Pending
015-291-010 401 OLD COAST,
##401 1/2, SANTA BARBARA, CA 93103
PLN2022-00285
5+ R
7/26/2022
0 1 02 3 0 0 No Yes N/A Pending
025-342-005 1935 CLEVELAND
Ave, SANTA BARBARA, CA 93103
PLN2022-00290
ADU R
8/1/2022
0 0 01 1 0 0 No No N/A Pending
017-092-018 132 JUANA MARIA
Ave, SANTA BARBARA, CA 93103
PLN2022-00297
ADU R
8/4/2022
0 0 02 2 2 0 No No N/A Approved
039-051-021 1418 EUCLID Ave,
##2, SANTA BARBARA, CA 93101
PLN2022-00300
ADU R
8/7/2022
0 0 01 1 0 0 No No N/A Pending
017-251-007 217 S MILPAS St,
SANTA BARBARA, CA 93103 PLN2022-00305
2 to 4 R
8/11/2022
0 0 02 2 0 0 No No N/A Pending
029-212-024 1032 SANTA
BARBARA St, SANTA BARBARA, CA 93101
PLN2022-00309
5+ R
8/15/2022
0 0 08 8 0 0 No No N/A Pending
017-051-009 917 E YANONALI
St, SANTA BARBARA, CA 93103
PLN2022-00318
2 to 4 R
8/17/2022
0 0 02 2 0 0 No No N/A Pending
019-252-015 952 ALAMEDA
PADRE SERRA, SANTA BARBARA, CA 93103
PLN2022-00319
ADU R
8/18/2022
0 0 02 2 0 0 No No N/A Pending
025-123-017 2310 STATE St,
SANTA BARBARA, CA 93105 PLN2022-00347
ADU R
9/14/2022
0 0 01 1 0 0 No No N/A Pending
039-261-009 400 W CARRILLO
St, SANTA BARBARA, CA 93101
PLN2022-00354
5+ R
9/16/2022
0 0 33 30 63 0 0 No No N/A Pending
019-113-033 1215 HIGH RIDGE
Ln, SANTA BARBARA, CA 93103
PLN2022-00386
ADU R
10/11/2022
0 0 01 1 0 0 No No N/A Pending
027-031-011 1815 STATE St,
SANTA BARBARA, CA 93101 PLN2022-00388
5+ R
10/11/2022
0 0 0 12 12 0 0 No No N/A Pending
047-083-003 3205 BRAEMAR
Dr, SANTA BARBARA, CA 93109
PLN2022-00399
ADU R
10/18/2022
0 0 01 1 0 0 No No N/A Pending
039-042-031 1411 SAN
PASCUAL St, SANTA BARBARA, CA 93101
PLN2022-00403
ADU R
10/19/2022
0 0 01 1 0 0 No No N/A Pending
017-251-007 217 S MILPAS St,
SANTA BARBARA, CA 93103 PLN2022-00417
ADU R
10/24/2022
0 0 01 1 0 0 No No N/A Pending
047-093-006 422 ALAN Rd,
SANTA BARBARA, CA 93109 PLN2022-00420
ADU R
10/25/2022
0 0 01 1 0 0 No No N/A Pending
041-303-013 361 PALISADES
Dr, SANTA BARBARA, CA 93109
PLN2022-00436
ADU R
11/7/2022
0 0 01 1 0 0 No No N/A Pending
031-231-009 730 E COTA St,
SANTA BARBARA, CA 93103 PLN2022-00441
5+ R
11/8/2022
0 0 03 3 0 0 No No N/A Pending
029-122-011 225 EQUESTRIAN
Ave, SANTA BARBARA, CA 93101
PLN2022-00445
ADU R
11/10/2022
0 0 01 1 0 0 No No N/A Pending
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.
Notes+
Summary Row: Start Data Entry Below 26 0 34 0 36 0 336 432 112 0 1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 041-305-012 342 PALISADES
Dr, SANTA BARBARA, CA 93109
PLN2022-00446
ADU R
11/10/2022
0 0 01 1 0 0 No No N/A Pending
047-030-029 485 BRAEMAR
RANCH Ln, SANTA BARBARA, CA 93109
PLN2022-00450
ADU R
11/14/2022
0 0 01 1 0 0 No No N/A Pending
039-111-010 1309 CASTILLO St,
SANTA BARBARA, CA 93101 PLN2022-00451
5+ R
11/14/2022
0 0 04 4 0 0 No No N/A Pending
019-185-012 1707 PATERNA
Rd, SANTA BARBARA, CA 93103
PLN2022-00461
SFD O
11/19/2022
0 0 01 1 0 0 No No N/A Pending
057-143-002 3855 CALLE CITA,
SANTA BARBARA, CA 93110 PLN2022-00465
SFD O
11/22/2022
0 0 01 1 0 0 No No N/A Pending
041-283-011 2537 MURRELL
Rd, SANTA BARBARA, CA 93109
PLN2022-00476
ADU R
11/30/2022
0 0 01 1 0 0 No No N/A Pending
057-202-001 110 WYE Rd,
SANTA BARBARA, CA 93110 PLN2022-00489
ADU R
12/12/2022
0 0 01 1 0 0 No No N/A Pending
045-202-010 1244 SHORELINE
Dr, SANTA BARBARA, CA 93109
PLN2022-00155
ADU R
5/6/2022
0 0 01 1 0 0 No No N/A Pending
045-195-017 1336 SHORELINE
Dr, SANTA BARBARA, CA 93109
PLN2022-00169
ADU R
5/17/2022
0 0 01 1 1 0 No No N/A Approved
059-191-016 PRIMAVERA Rd,
SANTA BARBARA, CA 93110 PLN2022-00449
SFD O
11/14/2022
0 0 01 1 0 0 No No N/A Pending
051-273-008 2745 CUESTA Rd,
SANTA BARBARA, CA 93105 PLN2022-00456
ADU R
11/16/2022
0 0 01 1 0 0 No No N/A Pending
025-242-012 23 E PADRE St,
SANTA BARBARA, CA 93105 PLN2022-00504
ADU R
12/19/2022
0 0 01 1 0 0 No No N/A Pending
015-162-012 736 CIMA LINDA
Ln, SANTA BARBARA, CA 93108
BLD2022-01054
ADU R
5/9/2022
0 0 01 1 0 0 No No N/A Pending
019-290-004 1625 SYCAMORE
CANYON Rd, SANTA BARBARA, CA 93108
BLD2022-01220
ADU R
5/31/2022
0 0 01 1 0 0 No No N/A Pending
039-312-009 200 W CANON
PERDIDO St, ##A, SANTA BARBARA, CA 93101
BLD2022-01233
ADU R
6/1/2022
0 0 01 1 0 0 No No N/A Pending
043-112-002 1931 ROBBINS St,
SANTA BARBARA, CA 93101 BLD2022-01222
ADU R
5/31/2022
0 0 01 1 1 0 No No N/A Approved
043-122-004 719 W MISSION
St, SANTA BARBARA, CA 93101
BLD2022-01257
ADU R
6/3/2022
0 0 01 1 1 0 No No N/A Approved
051-073-005 111 S ONTARE
Rd, SANTA BARBARA, CA 93105
BLD2022-01168
ADU R
5/24/2022
0 0 01 1 0 0 No No N/A Pending
053-291-047 3006 VENTURA
Dr, SANTA BARBARA, CA 93105
BLD2022-01146
ADU R
5/23/2022
0 0 01 1 1 0 No No N/A Approved
017-102-002 1231 E MASON St,
SANTA BARBARA, CA 93103 BLD2022-00153
ADU R
1/19/2022
0 0 02 2 0 0 No No N/A Pending
019-050-008 403 CONEJO Rd,
SANTA BARBARA, CA 93103 BLD2022-00194
ADU R
1/24/2022
0 0 01 1 1 0 No No N/A Approved
029-141-017 1218 OLIVE St,
SANTA BARBARA, CA 93101 BLD2022-00257
ADU R
2/2/2022
0 0 01 1 0 0 No No N/A Pending
037-063-022 536 W ORTEGA
St, SANTA BARBARA, CA 93101
BLD2022-00145
ADU R
1/12/2022
0 0 01 1 0 0 No No N/A Pending
039-162-006 313 W VICTORIA
St, ##313 1/2, SANTA BARBARA, CA 93101
BLD2022-00151
ADU R
1/19/2022
0 0 01 1 0 0 No No N/A Pending
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.
Notes+
Summary Row: Start Data Entry Below 26 0 34 0 36 0 336 432 112 0 1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 041-292-003 2515 MURRELL
Rd, SANTA BARBARA, CA 93109
BLD2022-00241
ADU R
1/31/2022
0 0 01 1 1 0 No No N/A Approved
043-033-001 2141 GILLESPIE
St, SANTA BARBARA, CA 93101
BLD2022-00209
ADU R
1/26/2022
0 0 01 1 0 0 No No N/A Pending
053-233-006 3507 CHUPAROSA
Dr, SANTA BARBARA, CA 93105
BLD2022-00201
ADU R
1/25/2022
0 0 01 1 1 0 No No N/A Approved
053-382-006 344 WOODLEY Ct,
SANTA BARBARA, CA 93105 BLD2022-00190
ADU R
1/24/2022
0 0 01 1 1 0 No No N/A Approved
015-340-002 111 CALLE
BELLO, SANTA BARBARA, CA 93108
BLD2022-00284
ADU R
2/4/2022
0 0 01 1 0 0 No No N/A Pending
053-193-010 3043 PASEO
TRANQUILLO, SANTA BARBARA, CA 93105
BLD2022-00360
ADU R
2/16/2022
0 0 01 1 0 0 No No N/A Pending
053-332-005 3129 CALLE
NOGUERA, SANTA BARBARA, CA 93105
BLD2022-00275
ADU R
2/3/2022
0 0 01 1 1 0 No No N/A Approved
051-212-009 2824 SERENA Rd,
SANTA BARBARA, CA 93105 BLD2022-00315
ADU R
2/9/2022
0 0 01 1 1 0 No No N/A Approved
039-201-023 1119 SAN
PASCUAL St, SANTA BARBARA, CA 93101
BLD2022-00457
ADU R
2/28/2022
0 0 01 1 0 0 No No N/A Pending
021-103-022 497 W MOUNTAIN
Dr, SANTA BARBARA, CA 93103
BLD2022-00372
ADU R
2/17/2022
0 0 01 1 1 0 No No N/A Approved
039-101-009 1322 SAN
ANDRES St, SANTA BARBARA, CA 93101
BLD2022-00463
ADU R
3/1/2022
0 0 01 1 1 0 No No N/A Approved
039-142-029 712 W ANAPAMU
St, SANTA BARBARA, CA 93101
BLD2022-00379
ADU R
2/18/2022
0 0 01 1 1 0 No No N/A Approved
043-162-012 614 W ISLAY St,
SANTA BARBARA, CA 93101 BLD2022-00441
ADU R
2/26/2022
0 0 01 1 1 0 No No N/A Approved
017-183-023 1232 E
QUINIENTOS St, SANTA BARBARA, CA 93103
BLD2022-00444
ADU R
2/26/2022
0 0 01 1 0 0 No No N/A Pending
043-161-002 1835 SUNSET Ave,
SANTA BARBARA, CA 93101 BLD2022-00472
ADU R
3/2/2022
0 0 01 1 0 0 No No N/A Pending
015-110-020 830 NORMAN Ln,
SANTA BARBARA, CA 93108 BLD2022-00547
ADU R
3/11/2022
0 0 01 1 1 0 No No N/A Approved
027-221-023 1530 BATH St,
SANTA BARBARA, CA 93101 BLD2022-00692
ADU R
3/25/2022
0 0 01 1 0 0 No No N/A Pending
031-132-015 1225 DIANA Ln,
SANTA BARBARA, CA 93103 BLD2022-00533
ADU R
3/10/2022
0 0 01 1 1 0 No No N/A Approved
035-160-006 1714 CLIFF Dr,
SANTA BARBARA, CA 93109 BLD2022-00626
ADU R
3/18/2022
0 0 01 1 1 0 No No N/A Approved
037-023-004 823 ORANGE Ave,
SANTA BARBARA, CA 93101 BLD2022-00578
ADU R
3/15/2022
0 0 01 1 0 0 No No N/A Pending
039-201-009 1109 SAN
PASCUAL St, SANTA BARBARA, CA 93101
BLD2022-00664
ADU R
3/23/2022
0 0 01 1 0 0 No No N/A Pending
041-281-032 2604 MESA
SCHOOL Ln, SANTA BARBARA, CA 93109
BLD2022-00519
ADU R
2/15/2022
0 0 01 1 1 0 No No N/A Approved
041-343-005 129 PALISADES
Dr, SANTA BARBARA, CA 93109
BLD2022-00632
ADU R
3/18/2022
0 0 01 1 0 0 No No N/A Pending
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.
Notes+
Summary Row: Start Data Entry Below 26 0 34 0 36 0 336 432 112 0 1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 051-353-001 36 LESLIE Dr,
SANTA BARBARA, CA 93105 BLD2022-00567
ADU R
3/7/2022
0 0 01 1 0 0 No No N/A Pending
015-261-021 252 SANTA YNEZ
Ct, SANTA BARBARA, CA 93103
BLD2022-00852
ADU R
4/16/2022
0 0 01 1 1 0 No No N/A Approved
025-072-017 2410 STATE St,
SANTA BARBARA, CA 93105 BLD2022-00890
ADU R
4/20/2022
0 0 01 1 0 0 No No N/A Pending
047-061-023 229 VISTA DEL
MAR Dr, SANTA BARBARA, CA 93109
BLD2022-00799
ADU R
4/8/2022
0 0 01 1 0 0 No No N/A Pending
049-210-016 1354 MANITOU
RD, SANTA BARBARA, CA 93101
BLD2022-00783
ADU R
4/7/2022
0 0 01 1 0 0 No No N/A Pending
055-202-020 3048 LUCINDA Ln,
SANTA BARBARA, CA 93105 BLD2022-00781
ADU R
4/6/2022
0 0 01 1 0 0 No No N/A Pending
031-253-003 524 CASITAS Rd,
SANTA BARBARA, CA 93103 BLD2022-00997
ADU R
5/3/2022
0 0 01 1 1 0 No No N/A Approved
051-191-004 3031 SAMARKAND
Dr, SANTA BARBARA, CA 93105
BLD2022-00960
ADU R
4/28/2022
0 0 01 1 0 0 No No N/A Pending
051-351-005 25 BETTY Dr,
SANTA BARBARA, CA 93105 BLD2022-00977
ADU R
4/25/2022
0 0 01 1 1 0 No No N/A Approved
053-273-004 3081 CALLE
PINON, SANTA BARBARA, CA 93105
BLD2022-00966
ADU R
4/26/2022
0 0 01 1 0 0 No No N/A Pending
025-264-006 432 E PADRE St,
SANTA BARBARA, CA 93103 BLD2022-01107
ADU R
5/17/2022
0 0 01 1 0 0 No No N/A Pending
027-042-027 218 E
PEDREGOSA St, SANTA BARBARA, CA 93101
BLD2022-01032
ADU R
5/6/2022
0 0 01 1 1 0 No No N/A Approved
037-161-018 228 W HALEY St,
SANTA BARBARA, CA 93101 BLD2022-00999
ADU R
5/4/2022
0 0 01 1 0 0 No No N/A Pending
045-131-027 1510 SANTA
ROSA Ave, SANTA BARBARA, CA 93109
BLD2022-01048
ADU R
5/9/2022
0 0 01 1 1 0 No No N/A Approved
045-184-001 116 SANTA CRUZ
Blvd, SANTA BARBARA, CA 93109
BLD2022-01035
ADU R
5/7/2022
0 0 01 1 1 0 No No N/A Approved
053-261-004 3214 CALLE
CEDRO, SANTA BARBARA, CA 93105
BLD2022-00989
ADU R
5/3/2022
0 0 01 1 0 0 No No N/A Pending
019-252-004 933 ROBLE Ln,
SANTA BARBARA, CA 93103 BLD2022-01114
ADU R
5/17/2022
0 0 01 1 0 0 No No N/A Pending
015-172-003 720 ALSTON Rd,
SANTA BARBARA, CA 93108 BLD2022-01291
ADU R
6/6/2022
0 0 01 1 1 0 No No N/A Approved
027-141-037 1766 PROSPECT
Ave, SANTA BARBARA, CA 93103
BLD2022-01241
ADU R
6/2/2022
0 0 01 1 0 0 No No N/A Pending
019-194-001 1527 DOVER Rd,
SANTA BARBARA, CA 93103 BLD2022-01389
ADU R
6/16/2022
0 0 01 1 0 0 No No N/A Pending
025-071-021 2412 CHAPALA St,
SANTA BARBARA, CA 93105 BLD2022-01476
ADU R
6/25/2022
0 0 01 1 0 0 No No N/A Pending
029-022-005 424 E
MICHELTORENA St, SANTA BARBARA, CA
93101
BLD2022-01348
ADU R
6/13/2022
0 0 01 1 0 0 No No N/A Pending
037-180-022 520 W
GUTIERREZ St, SANTA BARBARA, CA 93103
BLD2022-01424
ADU R
6/19/2022
0 0 01 1 0 0 No No N/A Pending
041-062-016 1134 W VALERIO
St, SANTA BARBARA, CA 93101
BLD2022-01305
ADU R
6/8/2022
0 0 01 1 0 0 No No N/A Pending
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.
Notes+
Summary Row: Start Data Entry Below 26 0 34 0 36 0 336 432 112 0 1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 041-102-009 1429 CLEARVIEW
Rd, SANTA BARBARA, CA 93101
BLD2022-01342
ADU R
6/13/2022
0 0 01 1 0 0 No No N/A Pending
049-060-001 905 VERONICA
SPRINGS Rd, SANTA BARBARA, CA 93105
BLD2022-01295
ADU R
6/8/2022
0 0 01 1 1 0 No No N/A Approved
053-291-004 3015 PUESTA DEL
SOL, SANTA BARBARA, CA 93105
BLD2022-01405
ADU R
6/19/2022
0 0 01 1 1 0 No No N/A Approved
055-201-004 3072 MARILYN,
SANTA BARBARA, CA 93105 BLD2022-01358
ADU R
6/14/2022
0 0 01 1 1 0 No No N/A Approved
027-640-003 226 W VALERIO
St, ##C, SANTA BARBARA, CA 93101
BLD2022-01345
ADU R
6/13/2022
0 0 01 1 0 0 No No N/A Pending
017-213-006 102 S
VOLUNTARIO St, SANTA BARBARA, CA 93103
BLD2022-01527
ADU R
6/30/2022
0 0 02 2 0 0 No No N/A Pending
025-081-011 2414 ANACAPA St,
SANTA BARBARA, CA 93105 BLD2022-01546
ADU R
7/1/2022
0 0 01 1 0 0 No No N/A Pending
031-132-005 1230 E DE LA
GUERRA St, SANTA BARBARA, CA 93103
BLD2022-01490
ADU R
6/27/2022
0 0 01 1 1 0 No No N/A Approved
037-260-013 203 LADERA St,
SANTA BARBARA, CA 93101 BLD2022-01543
ADU R
7/1/2022
0 0 01 1 0 0 No No N/A Pending
051-352-002 35 LESLIE Dr,
SANTA BARBARA, CA 93105 BLD2022-01607
ADU R
3/23/2022
0 0 01 1 0 0 No No N/A Pending
045-171-003 207 SALIDA DEL
SOL, SANTA BARBARA, CA 93109
BLD2022-01508
ADU R
6/28/2022
0 0 01 1 0 0 No No N/A Pending
057-170-018 3829 LINCOLN Rd,
SANTA BARBARA, CA 93110 BLD2022-01444
ADU R
6/22/2022
0 0 01 1 1 0 No No N/A Approved
041-040-020 1404 W VALERIO
St, SANTA BARBARA, CA 93101
BLD2022-01448
ADU R
6/23/2022
0 0 01 1 0 0 No No N/A Pending
025-352-019 328 W
PEDREGOSA St, ##A, SANTA BARBARA, CA
93101
BLD2022-01643
ADU R
7/14/2022
0 0 01 1 0 0 No No N/A Pending
045-050-021 1258 SAN MIGUEL
Ave, SANTA BARBARA, CA 93109
BLD2022-01761
ADU R
7/25/2022
0 0 01 1 0 0 No No N/A Pending
045-062-017 1130 DEL SOL
Ave, SANTA BARBARA, CA 93109
BLD2022-01742
ADU R
7/26/2022
0 0 01 1 1 0 No No N/A Approved
017-141-018 14 N
VOLUNTARIO St, SANTA BARBARA, CA 93103
BLD2022-01699
ADU R
7/20/2022
0 0 01 1 0 0 No No N/A Pending
017-252-013 226 S
VOLUNTARIO St, SANTA BARBARA, CA 93103
BLD2022-01696
ADU R
7/20/2022
0 0 01 1 1 0 No No N/A Approved
021-163-001 ROCKWOOD Dr,
SANTA BARBARA, CA 93103 BLD2022-01719
ADU R
7/22/2022
0 0 01 1 0 0 No No N/A Pending
025-123-017 2310 STATE St,
SANTA BARBARA, CA 93105 BLD2022-01582
ADU R
7/6/2022
0 0 01 1 0 0 No No N/A Pending
027-251-020 1514 GARDEN St,
SANTA BARBARA, CA 93101 BLD2022-01756
ADU R
7/27/2022
0 0 02 2 0 0 No No N/A Pending
027-251-021 1520 GARDEN St,
SANTA BARBARA, CA 93101 BLD2022-01758
ADU R
7/27/2022
0 0 01 1 0 0 No No N/A Pending
043-082-008 2022 CHINO St,
SANTA BARBARA, CA 93101 BLD2022-01705
ADU R
7/20/2022
0 0 01 1 0 0 No No N/A Pending
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.
Notes+
Summary Row: Start Data Entry Below 26 0 34 0 36 0 336 432 112 0 1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 051-292-017 221 W ALAMAR
Ave, SANTA BARBARA, CA 93105
BLD2022-01751
ADU R
7/26/2022
0 0 01 1 0 0 No No N/A Pending
029-342-013 1260 FERRELO
Rd, SANTA BARBARA, CA 93103
BLD2022-01620
ADU R
7/12/2022
0 0 01 1 0 0 No No N/A Pending
019-252-015 952 ALAMEDA
PADRE SERRA, SANTA BARBARA, CA 93103
BLD2022-01725
ADU R
7/22/2022
0 0 01 1 0 0 No No N/A Pending
025-342-005 1935 CLEVELAND
Ave, SANTA BARBARA, CA 93103
BLD2022-01836
ADU R
8/4/2022
0 0 01 1 0 0 No No N/A Pending
027-042-007 233 E ISLAY St,
SANTA BARBARA, CA 93101 BLD2022-01840
ADU R
8/7/2022
0 0 01 1 0 0 No No N/A Pending
027-082-013 1709 BATH St,
SANTA BARBARA, CA 93101 BLD2022-01823
ADU R
8/3/2022
0 0 01 1 0 0 No No N/A Pending
037-142-012 610 CORONEL Pl,
SANTA BARBARA, CA 93101 BLD2022-01791
ADU R
7/29/2022
0 0 01 1 0 0 No No N/A Pending
041-186-001 734 WESTWOOD
Dr, SANTA BARBARA, CA 93109
BLD2022-01906
ADU R
8/15/2022
0 0 01 1 0 0 No No N/A Pending
041-324-004 229 MOHAWK Rd,
SANTA BARBARA, CA 93109 BLD2022-01809
ADU R
8/2/2022
0 0 01 1 1 0 No No N/A Approved
051-091-011 3510 SAN JOSE
Ln, SANTA BARBARA, CA 93105
BLD2022-01887
ADU R
8/12/2022
0 0 01 1 0 0 No No N/A Pending
051-303-007 2611 SAMARKAND
Dr, SANTA BARBARA, CA 93105
BLD2022-01934
ADU R
8/17/2022
0 0 01 1 0 0 No No N/A Pending
057-251-005 3780 BRENNER
Dr, SANTA BARBARA, CA 93105
BLD2022-01819
ADU R
8/3/2022
0 0 01 1 0 0 No No N/A Pending
057-440-004 4025 VIA DIEGO,
##A, SANTA BARBARA, CA 93110
BLD2022-01829
ADU R
8/4/2022
0 0 01 1 1 0 No No N/A Approved
015-292-013 8 OCEAN VIEW
Ave, SANTA BARBARA, CA 93103
BLD2022-02049
ADU R
8/30/2022
0 0 02 2 0 0 No No N/A Pending
019-083-023 2203 LAS TUNAS
Rd, SANTA BARBARA, CA 93103
BLD2022-02000
ADU R
8/24/2022
0 0 01 1 0 0 No No N/A Pending
041-120-007 1292 LAS MANOS
Ln, SANTA BARBARA, CA 93109
BLD2022-02081
ADU R
9/2/2022
0 0 01 1 0 0 No No N/A Pending
043-072-017 2008 MOUNTAIN
Ave, SANTA BARBARA, CA 93101
BLD2022-02006
ADU R
8/1/2022
0 0 01 1 0 0 No No N/A Pending
045-081-007 302 COLEMAN
Ave, SANTA BARBARA, CA 93109
BLD2022-01975
ADU R
8/22/2022
0 0 01 1 0 0 No No N/A Pending
051-201-012 2921 SERENA Rd,
SANTA BARBARA, CA 93105 BLD2022-02026
ADU R
8/26/2022
0 0 01 1 0 0 No No N/A Pending
051-273-008 2745 CUESTA Rd,
SANTA BARBARA, CA 93105 BLD2022-02002
ADU R
8/23/2022
0 0 01 1 0 0 No No N/A Pending
055-240-003 102 VIA TUSA,
SANTA BARBARA, CA 93105 BLD2022-02035
ADU R
8/28/2022
0 0 01 1 0 0 No No N/A Pending
019-331-016 101 LAS ALTURAS
Rd, SANTA BARBARA, CA 93103
BLD2022-02179
ADU R
9/14/2022
0 0 01 1 0 0 No No N/A Pending
031-311-008 934 E HALEY St,
SANTA BARBARA, CA 93103 BLD2022-02170
ADU R
9/13/2022
0 0 01 1 0 0 No No N/A Pending
043-092-008 618 W MISSION
St, SANTA BARBARA, CA 93101
BLD2022-01160
ADU R
5/24/2022
0 0 01 1 0 0 No No N/A Pending
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.
Notes+
Summary Row: Start Data Entry Below 26 0 34 0 36 0 336 432 112 0 1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 053-244-002 3419 CALLE
NOGUERA, SANTA BARBARA, CA 93105
BLD2022-02187
ADU R
9/14/2022
0 0 01 1 1 0 No No N/A Approved
053-293-015 2944 VALENCIA
Dr, SANTA BARBARA, CA 93105
BLD2022-02171
ADU R
9/13/2022
0 0 01 1 0 0 No No N/A Pending
039-023-001 1435 GILLESPIE
St, SANTA BARBARA, CA 93101
BLD2022-02209
ADU R
9/16/2022
0 0 01 1 0 0 No No N/A Pending
025-292-020 320 W MISSION
St, SANTA BARBARA, CA 93101
BLD2022-02256
ADU R
9/22/2022
0 0 02 2 0 0 No No N/A Pending
027-172-010 1623 CHAPALA St,
SANTA BARBARA, CA 93101 BLD2022-02308
ADU R
3/9/2022
0 0 01 1 0 0 No No N/A Pending
031-233-006 824 E COTA St,
SANTA BARBARA, CA 93103 BLD2022-02251
ADU R
9/22/2022
0 0 01 1 0 0 No No N/A Pending
037-041-007 817 DE LA VINA
St, SANTA BARBARA, CA 93101
BLD2022-02258
ADU R
9/22/2022
0 0 01 1 0 0 No No N/A Pending
041-022-034 1485 LA CIMA Rd,
SANTA BARBARA, CA 93101 BLD2022-02252
ADU R
9/21/2022
0 0 01 1 0 0 No No N/A Pending
041-303-013 361 PALISADES
Dr, SANTA BARBARA, CA 93109
BLD2022-02332
ADU R
9/30/2022
0 0 01 1 0 0 No No N/A Pending
053-202-009 3006 PUESTA DEL
SOL, ##A, SANTA BARBARA, CA 93105
BLD2022-02357
ADU R
9/29/2022
0 0 01 1 0 0 No No N/A Pending
015-130-023 216 LA VISTA
GRANDE, SANTA BARBARA, CA 93103
BLD2022-02527
ADU R
10/23/2022
0 0 01 1 0 0 No No N/A Pending
025-011-011 2509 CASTILLO St,
##2509 1/2, SANTA BARBARA, CA 93105
BLD2022-02499
ADU R
10/19/2022
0 0 01 1 0 0 No No N/A Pending
027-092-009 1731 CHAPALA St,
SANTA BARBARA, CA 93101 BLD2022-02495
ADU R
10/18/2022
0 0 01 1 0 0 No No N/A Pending
027-161-010 1611 CASTILLO St,
SANTA BARBARA, CA 93101 BLD2022-02494
ADU R
10/3/2022
0 0 02 2 0 0 No No N/A Pending
043-131-024 614 W
PEDREGOSA St, SANTA BARBARA, CA 93101
BLD2022-02414
ADU R
10/10/2022
0 0 01 1 0 0 No No N/A Pending
015-070-005 732 SANTECITO
Dr, SANTA BARBARA, CA 93108
BLD2022-02584
ADU R
10/27/2022
0 0 01 1 0 0 No No N/A Pending
029-021-002 310 E
MICHELTORENA St, SANTA BARBARA, CA
93101
BLD2022-02546
ADU R
10/25/2022
0 0 01 1 0 0 No No N/A Pending
041-374-005 945 FLORA VISTA
Dr, SANTA BARBARA, CA 93109
BLD2022-02649
ADU R
10/31/2022
0 0 01 1 0 0 No No N/A Pending
043-244-013 1512 CHINO St,
SANTA BARBARA, CA 93101 BLD2022-02641
ADU R
11/3/2022
0 0 01 1 0 0 No No N/A Pending
017-073-008 117 N SALINAS St,
SANTA BARBARA, CA 93103 BLD2022-02358
ADU R
10/3/2022
0 0 01 1 0 0 No No N/A Pending
025-233-023 114 W PADRE St,
SANTA BARBARA, CA 93105 BLD2022-02829
ADU R
11/23/2022
0 0 01 1 0 0 No No N/A Pending
029-051-015 821 JIMENO Rd,
SANTA BARBARA, CA 93103 BLD2022-02825
ADU R
11/23/2022
0 0 01 1 0 0 No No N/A Pending
045-132-019 1440 SANTA
ROSA Ave, SANTA BARBARA, CA 93109
BLD2022-02833
ADU R
11/26/2022
0 0 01 1 0 0 No No N/A Pending
051-201-036 2947 SERENA Rd,
SANTA BARBARA, CA 93105 BLD2022-02728
ADU R
11/14/2022
0 0 01 1 0 0 No No N/A Pending
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+ Unit Category (SFA,SFD,2 to 4,5+,ADU,MH) Tenure R=Renter O=Owner Date Application Submitted+ (see instructions) Very Low- Income Deed Restricted Very Low- Income Non Deed Restricted Low-Income Deed Restricted Low-Income Non Deed Restricted Moderate- Income Deed Restricted Moderate- Income Non Deed Restricted Above Moderate- Income Total PROPOSED Units by Project Total APPROVED Units by project Total DISAPPROVED Units by Project Was APPLICATION SUBMITTED Pursuant to GC 65913.4(b)? (SB 35 Streamlining) Ddi the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Were incentives
or concessions
reqested
pursuant to
Government
Code section
65915
approved?
Please indicate
the status of the
application.
Notes+
Summary Row: Start Data Entry Below 26 0 34 0 36 0 336 432 112 0 1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications 10 053-372-005 2805 VERDE
VISTA Dr, SANTA BARBARA, CA 93105
BLD2022-02755
ADU R
11/15/2022
0 0 01 1 0 0 No No N/A Pending
057-271-008 827
WILLOWGLEN Rd, SANTA BARBARA, CA 93105
BLD2022-02802
ADU R
11/21/2022
0 0 01 1 0 0 No No N/A Pending
041-022-029 1460 LA CIMA Rd,
SANTA BARBARA, CA 93101 BLD2022-02845
ADU R
11/28/2022
0 0 01 1 0 0 No No N/A Pending
051-283-002 246 W ALAMAR
Ave, SANTA BARBARA, CA 93105
BLD2022-02828
ADU R
11/23/2022
0 0 01 1 0 0 No No N/A Pending
031-190-051 1165 E COTA St,
SANTA BARBARA, CA 93103 BLD2022-02679
ADU R
11/8/2022
0 0 01 1 0 0 No No N/A Pending
045-221-012 218 LA MARINA,
SANTA BARBARA, CA 93109 BLD2022-02959
ADU R
12/11/2022
0 0 01 1 0 0 No No N/A Pending
053-272-015 206 CALLE
GRANADA, SANTA BARBARA, CA 93105
BLD2022-02960
ADU R
12/11/2022
0 0 01 1 0 0 No No N/A Pending
031-042-017 806 N NOPAL St,
SANTA BARBARA, CA 93103 BLD2022-02978
ADU R
12/13/2022
0 0 01 1 0 0 No No N/A Pending
037-062-010 606 W ORTEGA
St, SANTA BARBARA, CA 93101
BLD2022-03039
ADU R
12/16/2022
0 0 01 1 0 0 No No N/A Pending
039-121-004 223 W SOLA St,
##A, SANTA BARBARA, CA 93101
BLD2022-03089
ADU R
12/20/2022
0 0 01 1 0 0 No No N/A Pending
039-162-007 311 W VICTORIA
St, SANTA BARBARA, CA 93101
BLD2022-03049
ADU R
12/18/2022
0 0 01 1 0 0 No No N/A Pending
039-291-023 906 SAN ANDRES
St, SANTA BARBARA, CA 93101
BLD2022-03094
ADU R
12/20/2022
0 0 01 1 0 0 No No N/A Pending
041-032-020 1520 W VALERIO
St, SANTA BARBARA, CA 93101
BLD2022-03044
ADU R
12/18/2022
0 0 01 1 0 0 No No N/A Pending
041-120-033 1229 CALLE
CERRITO ALTO, SANTA BARBARA, CA 93101
BLD2022-03095
ADU R
12/20/2022
0 0 01 1 0 0 No No N/A Pending
041-151-004 70 SKYLINE Cir,
SANTA BARBARA, CA 93109 BLD2022-03097
ADU R
12/20/2022
0 0 01 1 0 0 No No N/A Pending
041-423-004 2429 CALLE
ANDALUCIA, SANTA BARBARA, CA 93109
BLD2022-03037
ADU R
12/16/2022
0 0 01 1 0 0 No No N/A Pending
043-091-014 2042 MODOC Rd,
SANTA BARBARA, CA 93101 BLD2022-03069
ADU R
12/19/2022
0 0 01 1 0 0 No No N/A Pending
043-143-014 1810 ROBBINS St,
SANTA BARBARA, CA 93101 BLD2022-03042
ADU R
12/17/2022
0 0 01 1 0 0 No No N/A Pending
045-214-019 1218 SHORELINE
Dr, SANTA BARBARA, CA 93109
BLD2023-00005
ADU R
12/9/2022
0 0 01 1 0 0 No No N/A Pending
047-101-003 3627 CAMPANIL
Dr, SANTA BARBARA, CA 93109
BLD2022-03023
ADU R
12/15/2022
0 0 01 1 0 0 No No N/A Pending
049-051-001 804 PALERMO Dr,
SANTA BARBARA, CA 93105 BLD2022-03077
ADU R
12/20/2022
0 0 01 1 0 0 No No N/A Pending
053-072-012 3212 CALLE
FRESNO, SANTA BARBARA, CA 93105
BLD2022-03020
ADU R
12/15/2022
0 0 01 1 0 0 No No N/A Pending
053-324-001 3331 MADRONA
Dr, SANTA BARBARA, CA 93105
BLD2022-03070
ADU R
12/19/2022
0 0 01 1 0 0 No No N/A Pending
049-330-047 3749 PORTOFINO,
SANTA BARBARA, CA 93105 BLD2022-03078
ADU R
12/20/2022
0 0 01 1 0 0 No No N/A Pending
Jurisdiction Santa Barbara ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 02/15/2015 - 02/15/2023
1 Projection Period 3 4
RHNA Allocation by
Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years) Total Remaining
RHNA by Income
Level
Deed Restricted - - 61 - 57 - 2 - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - 36 - 48 - - 28 3 -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - 12 -
Non-Deed Restricted - 4 - - - - - - - -
Above Moderate 1,617 - 290 159 117 245 180 130 235 225 - 1,581 36 4,100
- 294 256 117 350 180 132 263 240 - 1,832 2,268
5 6 7
Extremely low-Income
Need 2015 2016 2017 2018 2019 2020 2021 2022 2023
Total Units to
Date
Total Units
Remaining
481 - - - 9 - - - - - 9 472
586
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
804
120
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
16 Moderate
962
701
820
Please contact HCD if your data is different than the material supplied here 115
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
842
Jurisdiction Santa Barbara
Reporting Year 2022 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation H2.1 Special Needs
Population
Continue to fund and support a wide
range of programs to meet needs of
children, families, seniors, disabled
persons, homeless, victims of domestic
violence, and others.
Ongoing
The City receives annual funding from HUD's CDBG Program and HOME Investment Partnership Program; in the 2022 program year, funding was approximately $557,000 HOME funds are used to provide tenant-based rental assistance and to support housing development for special needs groups.
H2.2 Rental Housing
Mediation
Continue to fund and support Rental
Housing Mediation Program (RHMP). Ongoing
The RHMP is mainly funded by the City's General Fund to support staff services to landlords and tenants to settle disputes as an alternative to litigation through the provision of Dispute Resolution Services: information on rights and responsibilities, staff consultations, mediations, community outreach and education. The Program includes a 15 Mediator Member City Council appointed Board, and serves the cities of Santa Barbara, Goleta and Carpinteria. In the 5th cycle, total funding (grants and/or General Fund) for the Rental Housing Mediation Program (RHMP) was approximately $1.67 million, an average of approximately $238,000 annually. The RHMP staff assisted 8,315 individuals in the cities of Santa Barbara, Goleta, and Carpinteria (an average 1,188 persons per year). These services, which are provided at no cost to Program participants, result in the retention of housing, maintain Section 8 Vouchers and assist in the prevention of homelessness.
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
H2.3 Promote Public
Awareness
Continue using Community
Development Block Grant (CDBG) funds
to publicize housing opportunities
Ongoing
The City maintains a webpage with housing FAQs and housing-related policies and documents. Housing staff responds to requests for information regarding affordable housing topics, including the need for affordable housing, the City's efforts to address the issue, and opportunities to participate. CDBG Revolving Loan funds as well as other available sources are used to fund programs in support of producing and preserving housing opportunities, such as the City's Housing Rehabilitation Loan Program.
H2.4 Enforcement Against
Discrimination
If budget allows, develop staffing and
funding to pursue and assist State Dept.
of Fair Employment and Housing staff to
pursue enforcement against
discrimination in housing.
Ongoing
As an entitlement jurisdiction for CDBG and HOME funds, the City is required to affirmatively further fair housing. Approximately $12,905 of funding for administration of the CDBG program is programmed for Fair Housing activities, which works to educate the public about fair housing laws at the local, state and federal level. On a case by case basis, allegations of housing discrimination are investigated and if appropriate, referred to City's Rental Mediation Program for mediation. If necessary, enforcement actions are taken or referred to appropriate agencies for enforcement action. No cases were referred to the District Attorney's office for enforcement in 2022.
H3.1 Continuum of Care
Program
Continue to implement Continuum of
Care program with adjacent jurisdictions
and community-based organizations.
Ongoing
The City is a partner in the County's Continuum of Care, which receives approximately $2.0 million annually for countywide projects. Programs within the City are supported by those funds and supplemented with City CDBG funds.
H3.2 Prevention Programs Seek funding for homeless prevention programs. Ongoing The City provided $37,145 to assist homeless prevention in FY 2022.
H3.3 Supportive Housing
Support conversion of existing hotels
and motels to sponsored residential
hotels, Single Room Occupancy (SRO)
projects, or apartments for the
homeless.
Ongoing
The City's Tenant-Based Rental Assistance (TBRA) program provides security deposit and rental assistance for homeless clients, and updated efforts will be described in the 2023-2031 Housing Element.
H3.4 Recreational Vehicle
Park
Facilitate Recreational Vehicle (RV) park
through City's process, work with
County and other agencies to locate RV
parks.
Delete Recommending this policy be deleted.
H3.5 RV Park Program Consider financial support for RV park project if application is submitted. Delete No applications for RV parks were submitted in 2022.
H3.6 Parking Locations Allow overnight RV parking areas. Ongoing This program is successful and will be described in the 2023-2031 Housing Element.
H4.1 Casa Esperanza
Homeless Shelter
Continue to fund and support Casa
Esperanza (PATH) or other suitable
shelter facilities.
Ongoing The City provided $202,100 from its Affordable Housing Fund in 2022.
H4.2 Operational and
Service Needs
Support services and programs for
homeless shelters. Ongoing The City continues to fund and support services ($162,253 in FY 2022).
H5.1 Transitional Housing Continue to fund non-profits to provide transitional housing. Ongoing The City provides local Human Services funds to non-profits for transitional housing programs ($77,885 in FY 2022).
H5.2 Regional
Coordination
Coordinate with County/Cities to
implement the Consolidated Plan's
Continuum of Care programs.
Ongoing
The City continues to actively coordinate with the County Continuum of Care by having City staff assigned to serve on the CoC governance board. The City also contracts with a local agency that provides regional collaboration services.
H6.1 Senior Housing Promote senior housing at market and affordable rates. Ongoing The City continues to promote senior housing, striving for a mix of affordable and market-rate housing for all of Santa Barbara's residents.
H6.2 Unit Acquisition &
Rehab
Continue to promote acquisition and
rehabilitation of existing units for
affordable senior housing.
Ongoing
The City makes funding available for the acquisition and rehabilitation of existing units through grants and loans, via the Multifamily Housing Rehabilitation Loan Program (HRLP), Affordable Housing Inclusionary Fund, and the Low and Moderate Income Housing Asset Fund. During the 5th cycle, 98 affordable housing units were acquired/rehabilitated.
H6.3 Upgrade Senior
Facilities
Continue to facilitate private sector
efforts to upgrade existing facilities. Ongoing
The City is able to facilitate such proposals to upgrade existing facilities projects through the permitting process and with possible grants and loans for rehabilitation, via the Multifamily Housing Rehabilitation Loan Program (HRLP), Affordable Housing Inclusionary Fund, and the Low and Moderate Income Housing Asset Fund.
H6.4 Non-Institutional
Facilities
Encourage non-institutional facilities for
older senior population (75+). Delete It's not clear how this is similar or different from other senior housing opportunities.
H6.5 Senior Advocacy Continue to work with Area Agency on Aging. Ongoing The City provided $34,422 to the Long Term Care Ombudsman and Senior Services program (formerly Area Agency on Aging) in 2022.
H6.6 Support Services
Encourage expansion of support
services for independent senior
population.
Ongoing The City provided $10,930 for support services in 2022.
H6.7 Housing Incentives
Continue to provide reduced parking
incentives for senior housing projects in
combination with bonus densities.
Complete In the 5th Cycle, two senior housing projects applied the reduced parking incentives and one senior housing project used density bonus incentives.
H6.8 Design Guidelines
Develop site and unit design guidelines
for senior and disabled units that
incorporate accessibility requirements.
Delete Program not yet completed.
H7.1 Congregate Care Promote new congregate housing or
board and care facilities. TBD
The 2023 – 2031 Housing Element will address identified constraints to housing for persons with disabilities by amending the Zoning Ordinance Performance Standard Permit and Conditional Use Permit standards. Congregate Care and Board and Care facilities are not defined in the City’s Zoning Ordinance.
H7.2 Special Needs
Housing
Encourage community groups, nonprofits, and faith-based community to create special needs housing.
Ongoing
In 2022, the City subordinated financing provided from its Affordable Housing funds to People's Self-Help Housing for Victoria Hotel to extend the affordability covenant for an additional 30 years on 28 units for seniors, veterans and those living with disabilities.
H7.3 New Housing
Opportunities
Work with community services
providers to expand scope to include
housing (new or rehab of existing units).
Ongoing
The City encourages community service providers to include housing and maintains affordable-housing funds to offer loans and grants for the acquisition and/or rehabilitation of housing.
H7.4 Priority Status
Encourage the Housing Authority to
continue priority status for disabled
persons with the greatest housing
needs.
Ongoing
The Housing Authority continues to provide priority status for disabled persons with the greatest housing needs. In 2022, the Housing Authority assisted 604 households that were non-elderly disabled.
H7.5 Accessibility Funding
Fund accessibility improvements for
disabled persons receiving Housing
Choice Vouchers (formerly Section 8
certificates).
Ongoing
The City makes available funding, primarily through the CDBG Program, for rehabilitation of housing. Prior projects have included improvements such as construction of ADA compliant ramps.
H7.6 At-Risk Afford.
Disabled Units
Ensure affordable units occupied by
disabled tenants at-risk of converting to
market rate remain affordable.
Ongoing The City maintains affordable-housing funds to offer loans and grants for rehabilitation in exchange for extended affordability controls.
H8.1 Accessibility Review Continue to review plans for
accessibility standards. Delete This is required by State and Federal law.
H8.2 Accessibility
Guidelines
Distribute guidelines with specific ideas
and examples that explain Fed and State
laws to builders.
Delete Guidance may be provided as needed.
H8.3 Accessible Housing
Adhere to Fair Hsg Act or CA Building
Code, whichever is more stringent, for
accessible housing.
Ongoing The City reviews each project application and ensures compliance with applicable accessibility regulations and requirements.
H9.1 Accessible Housing
Incentives
Implement policies to provide incentives
for disabled access units to be provided
in market-rate projects.
Ongoing No new policies have been implemented.
H9.2 Case Management
Seek funding for case managers to
support disabled in independent living
situations.
Ongoing Human Services funding in the amount of $13,145 was awarded to Independent Living Resource Center in 2022.
H10.1 Early Project
Consultation
Continue to provide predevelopment
consult for housing opportunity sites
and mixed use projects.
Ongoing City continues to offer early predevelopment consultations.
H10.2 Property Profiles Continue to provide property profile services. Ongoing Property profile services are available.
H10.3 Building Reuse Encourage residential reuse of existing nonresidential buildings. TBD
Planning staff encourage developers to reuse existing nonresidential buildings for residential use. Zoning changes to change parking from a minimum to a maximum parking, reduce open space requirement and increase densities in the downtown were adopted in 2020 to further allow for adaptive reuse of buildings for residential. An Adaptive Reuse draft ordinance was also presented to Planning Commission in concept in 2021 and received positive feedback.
H10.4 Housing at
Shopping Centers
Promote mixed use housing at shopping
centers. Ongoing
Staff has consulted with property owners and potential housing developers of the La Cumbre Plaza properties advising on mixed-use development with affordable housing.
H11.1 Affordable &
Workforce Hsg
Explore options to promote affordable
and workforce housing including
revising variable density ordinance,
requiring a term of affordability, and
reducing parking standards.
TBD
Two inclusionary units have been constructed in 2022, yet there are 8 units in the pipeline. The City continues to adjust the AUD program and will include a program in the 2023 – 2031 Housing Element to access inclusionary housing requirements.
H11.2 Priority Housing
Overlay
Encourage rental, employer sponsored,
and co-operative housing in priority
areas with incentives.
Complete
This program is complete per the adopted AUD program as follows: Increased density overlays and more flexible zoning standards were adopted (AUD program), The City did not adopt a proposal for Floor Area Ratios, Expedited design review is offered for Senate Bill 35 (2027) projects, but not applicants have applied for this process, The City has not adopted fee waivers or deferrals.
As of December 2021, 194 units were approved, 88 units are in building permit review, and 243 units were issued certificates of occupancy in the Priority Housing Overlay areas.
H11.3 Inclusionary
Housing
Amend Inclusionary Ordinance to:
require increased percent of affordable
housing in new ownership
developments; temporarily suspend
inclusionary housing requirements or inlieu fees during times of economic downtown; amend in-lieu fees; and
require a Housing Mitigation Fee for
commercial development.
TBD
Include a program in the 2023 – 2031 Housing Element to fund deed-restricted affordable housing, which could include amended in-lieu fees and mitigation fees on commercial development.
H11.4 Density Standards
Develop standards that permit greater
density for projects that provide more
price-restricted ownership units than
required by inclusionary ordinance.
TBD Staff will include a program in the 2023 – 2031 Housing Element to incentivize greater density coupled with deed-restricted affordable housing.
H11.5 Bonus Density Continue to promote bonus density
above State law. TBD Staff will include a program in the 2023-2031 Housing Element to incentivize grater density if coupled with deed-restricted affordable housing, including Moderate H11.6 Private Sponsors Continue to solicit housing proposals from private sponsors. Ongoing The City solicits housing proposals for both affordable and market-rate units from private sponsors.
H11.7 Infill Housing
Continue to assist with development of
infill housing with incentives to use
underutilized and vacant parcels for new
extremely low, very low, low, and
moderate income households.
Ongoing Most of the City's new housing development occurs on underutilized infill sites.
H11.8 Opportunity Sites
Assist builders to develop affordable
projects by identifying infill and
opportunity sites.
Complete The Housing Element identified opportunity sites.
H11.9 Sweat Equity
Projects
Continue to support sweat equity
projects Delete Staff will combine this procedure with other affordable housing types.
H11.10 Large Rental Units Encourage 3+ bedroom rental units Ongoing The Housing Authority acquired one three-bedroom/two-bathroom house.
H11.11 Condominium
Conversions
Continue to implement condo
conversion ord. to promote entry level
housing ownership opportunities
Ongoing No condominium conversions were proposed in 2022.
H11.12 Surplus Land
Inventory government, school district,
and utility owned land and pursue
dedication of such land for low and
middle income housing
Delete Surplus land was inventoried, no land is currently available for housing.
H11.13 Housing
Opportunities
Look for housing opportunities on Cityowned land or over private and public parking lots
TBD
Staff will Include a program in the 2023 – 2031 Housing Element to comprehensively evaluate all applicable City-owned land as potential future sites for housing.
H11.14 Public Facilities
Pursue acquisition of National Guard
and Army Reserve sites for affordable
housing, park, school or other public
benefit
Delete Both properties were purchased for uses other than housing.
H11.15 Financial
Assistance
Apply for or support all available public
and private funding for affordable
housing
Ongoing
The City supports state and federal legislation and programs to provide financing for affordable housing in the Legislative Platform, as well as through continued administration and matching funds for state and federal funding programs for affordable housing.
H11.16 Property Transfer
Tax
Increase property transfer tax to fund
affordable and workforce housing Delete The property transfer tax program has been deleted.
H11.17 Alternative
Revenue Sources
Explore sources of revenue for
Affordable housing to replace
Redevelopment Agency funds
TBD Staff will include a program in the 2023-2031 Housing Element to replace RDA funding.
H11.18 Extend
Redevelopment Project
Area
Continue to pursue legislative
amendments to replace Redevelopment
Agency (RDA)
TBD Staff will include a program in the 2023-2031 Housing Element to replace RDA funding.
H12.1 Above Moderate
Housing
Encourage housing for first-time buyers,
including moderate and middle-income
households.
TBD
Staff will include a program in the 2023 – 2031 Housing Element to reevaluate the effectiveness of the Inclusionary Housing Ordinance in producing deed-restricted housing for middle and upper middle income households.
H12.2 Large Employers Encourage employer housing Ongoing Both Westmont College and Cottage Hospital have created employee housing under the City's regulations. The AUD Program also encourages employer housing but no large employers have yet taken advantage of it.
H13.1 Preserve Rentals
Preserve rentals by exploring ways to
avoid condo conversions or creation of
tenant coop ownership of previous
rentals
2015 - 2020 Program not yet undertaken but the City does enforce on illegal vacation rentals, which may result in better availability of long-term rentals.
H13.2 Condominium
Conversion
Amend Municipal Code to require condo
conversions to conform to General Plan
density requirements
2015 - 2020 Program not yet undertaken.
H13.3 Rental Units
Allow rehab of existing rental units at
nonconforming densities and zoning
standards
2015 - 2020 The zoning ordinance allows for improvements to existing units that are nonconforming to density and current zoning standards.
H14.1 Market Rate
Housing
Encourage market rate housing in multifamily and commercial zones to be consistent with AUD provisions and
have access to public open space.
2015 - 2017 AUD Program provisions apply to market rate housing in multi unit and commercial zones, which are served by existing public open space.
H14.2 Resource
Conservation
Establish standards for resource use in
relation to density to encourage reduced
footprint projects.
2015 - 2020 Program not yet undertaken.
H14.3 Market-Rate
Incentives
Prepare design standards and codify
incentives for market rate developers to
build smaller units.
2015 - 2020
The AUD Program codifies incentives for smaller units. Infill design standards were completed in 2017 (see H16.5). The process to create Objective Design Standards was started in 2021.
H15.1 Secondary Dwelling
Unit Ord.
Amend Municipal Code to provide more
site planning flexibility and design
concepts.
2015 - 2020 In 2021, the City amended the Zoning Ordinance for Accessory Dwelling Units again to comply with new state laws, including both Inland and Coastal areas.
H16.1 Affordable Housing
Projects
Continue to give priority to affordable
housing on staff, committee, and
commission agendas
TBD The City administratively provides proiority for affordable housing projects on meeting agendas and permit plan review.
H16.2 Affordable Housing
Facilitator
Continue with staff level affordable
housing facilitator TBD The City's Housing Project Planner serves as an affordable housing facilitator.
H16.3 CEQA Exemptions Continue to use CEQA infill exemption Delete The CEQA infill exemption is used when applicable.
H16.4 Coordinated Project
Review
Address issues of coordination between
review Boards TBD
PC Liasons are appointed to design review bodies to improve communication.
Case planners ensure that design review comments are conveyed to the PC and vice versa for projects that require both design review and PC approval.
Expanding the types of projects that can be approved admistratively by staff is being discussed but has not yet been implemented.
H16.5 Infill Project
Guidelines
Develop guidelines for small infill
projects (1-3 units) Complete Infill Design Guidelines were completed in 2017 and are included in the Architectural Board of Review and Historic Landmarks Commission Guidelines.
H16.6 Water Meters Allow one water meter for apts with submeters for each unit Complete State law requires all multi-unit developments approved after January 1, 2018, to be separately metered in order to measure water consumption. Developments with 100% rental units affordable to very low or low income households can use one water meter per six units under specific conditions. Accessory Dwelling Units do not require a separate water meter.
H16.7 Expedited Review Continue to expedite review of
Affordable Housing Projects TBD
Affordable housing projects are prioritized in the project review, public hearing, and permit review process. No joint sub-committees or design review boards and Planning Commission were established, but liasons are appointed to ensure communication.
H16.8 Multi-Family Design
Guidelines
Develop Multi-Family Residential Design
Guidelines TBD
The Infill Design Guidelines partially fulfil this objective. City Council gave direction to further review this through the AUD Program amendments in 2019. In 2020, the City prepared draft Objective Design Standards for Streamlined Housing Projects per Senate Bill 35. In 2021 the City started the process of creating Objective Design Standards for all multi-unit housing. These guidelines are partially complete and now changed to objective design standards.
H17.1 Parking
Requirements
Consider incremental Zoning Ord.
changes to reduce parking requirements
for AUD projects, allow tandem parking,
flexible parking standards for
constrained sites, no guest parking req.
for housing in downtown core, round
down parking calculations
Complete
These incremental changes were further refined in 2020. The AUD Program parking standards dictate a parking maximum on one space in the Central Business District, unbundled parking, and no guest parking is required. Tandem parking is allowed for accessory dwelling units, multi-unit, and mixed-use development and is also allowed for all other residential uses if needed for flexibility on a constrained lot. Offsite parking is allowed for residential units in commercial zones. Parking calculations are now rounded down to the nearest whole number.
H17.2 Zoning Standards
Consider Zoning Ordinance
amendments to change outdoor living
space, yard, and setback requirements
for housing in commercial zones
Complete
In 2017 and 2020, standards were amended for housing in nonresidential zones as follows: 1. Nonresidential setbacks are allowed for mixed-use development; 2.
Live-Work Units allow reduced open yard and parking; 3. The minimum distance between buildings requirement was removed; 4. An “alternative open yard” on mixed use projects can be approved by design review (instead of a Modification);
5. Required open space can be counted on roof decks. In 2021 a conceptual Adaptive Reuse ordinance was vetted through Planning Commission that would further amend open space requirements in commercial zones to facilitate reuse of existing buildings for housing.
H17.3 Expedite
Environmental Review
Continue MEA system to expedite
environmental review consistent with
State housing laws
Complete
The City is using SB2 grant funding to update the General Plan EIR to streamline CEQA review for housing projects. The City also continues to use the MEA to expedite review and apply applicable statutory and categorical exemptions.
Mapped layers showing environmental constraints are also available for public viewing in the online City’s GIS program.
H17.4 Development
Review Process
Evaluate the current development
review process and recommend
improvements
Complete
The development review process is reviewed annually as part of budget process.
Additionally, workflow study was completed, which examined opportunities to improve efficiency, communication, and customer service. In 2021 City staff continued working to implement those process improvements, and meet with the Land Development Team Oversight Committee to report on the recommendations implementation.
H18.1 Adaptive Mgmt.
Program
Monitor and evaluate housing
production Complete
Housing production is tracked and evaluated on an ongoing basis and annually for the State Department of Housing and Community Development. Residential units proposed under the AUD Program and accessory dwelling units are tracked regularly and posted on the City's website.
H19.1 Low-Interest Loans Continue to provide low-interest housing rehab loans TBD
The City's Housing Rehabilitation Home Program (HRLP), Affordable Housing Fund, and Affordable Housing Inclusionary Fund provides grants and low-interest loans for housing rehabilitation. In the 5th Cycle, the City provided 10 loans and one grant.
H19.2 Neighborhood
Surveys
Continue to survey neighborhoods with
the highest number of units in need of
rehab.
Delete Units were surveyed as part of the 2015 Housing Element Update, and housing conditions surveys are a required component of the Housing Element.
H19.3 Substandard
Housing
Continue to allow demo of substandard
housing Delete The City allows demolition of substandard housing, if not designated as a historic resouce.
H20.1 Zoning Enforcement Continue to enforce on chronic offenders Complete The City continues to enforce on chronic, repeat offenders. The City’s website includes a potential code violation hotline and Request for Investigation form.
H20.2 Substandard Apt
Complexes Acquire large substandard apts TBD In the 5th Cycle, the Housing Authority acquired 3 substandard housing units: 1 three-bedroom, 2 two-bedroom in 2020.
H20.3 Bilingual Assistance Continue to provide bilingual ombudsperson TBD
Bilingual staff are available throughout the organization to assist with general questions, development applications, housing issues, and tenant/landlord disputes. The Housing and Human Services Division has 3 bilingual staff members and Rental Housing Mediation Program staff regularly interact with concerned tenants.
H20.4 Zoning Information
Reports
Continue to require Zoning Information
Reports (ZIRs) Delete
The ZIR program was changed substantially in 2019 and no longer requires that staff perform a site visit or review records. ZIRs continue to be required and can be obtained through independent review of the street and planning files on the City website.
H20.5 Illegal Dwelling
Units Consider ways to legalize illegal units. Delete
The Accessory Dwelling Unit ordinance provides an opportunity to legalize some illegal units. In the 5th Cycle, 17 legal ADUs were created from enforcement/abatement cases.
H20.6 Substandard
Buildings
Consider a program to require owners of
substandard buildings to fund
relocating tenants to habitable units.
Delete
The City’s Municipal Code requires a relocation assistance payment to qualified tenants for No-Fault Just Cause Evictions, which includes a local order that necessitates vacating the rental unit for at least 30 days. As of July 2022, AB 838 requires the City to inspect buildings upon complaint of a substandard building or a lead hazard violation.
H20.7 Tax Code
Continue to use tax code to prohibit
rental income property owners and
corporations from receiving income tax
deductions if a state or local regulatory
agency has determined the rental
income housing violates state law or
local codes dealing with health, safety,
or building.
Delete The City identifies substandard housing conditions and requires compliance with Government Code Section 17274 and 24436.5 when applicable.
H21.1 Affordability
Covenants
Continue to preserve affordable housing
covenants. TBD
The City monitors the expiration of affordability covenants and sometimes offers rehabilitation funds in exchange for extended affordability covenants; however, the City cannot unilaterally extend ownership covenants.
H21.2 At-Risk Affordable
Units
Continue to encourage the Housing
Authority and nonprofit organizations to
acquire and manage units which
affordability requirements are due to
expire.
TBD
The City encourages the Housing Authority and other nonprofits to acquire units with affordability limits that are due to expire. The City is collaborating with State HCD and City Housing Authority on preventing foreclosure of Green Mobile Home Park in order to extend the at-risk affordability covenant for 46 low-income households.
H21.4 Presidio Park Apartments
H21.3 Expiring Affordability