Agenda packet — Santa Monica City Council, June 21, 2022 (part 1 of 4)

City of Santa Monica
City Council Meeting
AGENDA

SUE HIMMELRICH
MAYOR

LANA NEGRETE KRISTIN MCCOWAN

COUNCILMEMBER MAYOR PRO TEM

GLEAM DAVIS PHIL BROCK

COUNCILMEMBER COUNCILMEMBER

CHRISTINE PARRA OSCAR DE LA TORRE

COUNCILMEMBER COUNCILMEMBER

DAVID WHITE

CITY MANAGER

DOUGLAS SLOAN

CITY ATTORNEY

DENISE ANDERSON-WARREN

CITY CLERK

STANDARDS OF BEHAVIOR THAT PROMOTE CIVILITY AT ALL PUBLIC MEETINGS:
• Treat everyone courteously; • Give open-minded consideration to all viewpoints; • Listen to others respectfully • Focus on the issues and avoid personalizing debate; • Exercise self-control • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions
Meetings are broadcast live on CityTV cable channel 16 and on the internet at santamonica.gov. Cable television re-broadcasts air on Thursday and Saturday at 11:30 AM. The agenda will air on CityTV on Saturday and Sunday at 11:00 AM and 6:00 PM, and on Monday and Tuesday at 12:30 PM and 6:00 PM.

City of Santa Monica Generated: 6/23/2022 2:30 PM Page 2

RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS (Resolution No.11405 (CCS))

WAYS TO PROVIDE PUBLIC COMMENT
If you are interested in providing public comment at a City Council meeting, there are several ways to participate:
(1) Written public comment. In lieu of oral public comment, the public is strongly encouraged to submit written public comment on agenda items via email to [email protected]. Written public comment submitted before 12:00 pm on the day of the meeting will be available for online viewing. Please note the agenda item number in the subject line of your written comments. (2) Oral public comment. Persons wishing to address the City Council regarding items on the agenda must be present and submit their name and address (optional) to the City Clerk before the public hearing is opened for that item. Register to speak at the Speaker Kiosk prior to the meeting and throughout the meeting. Remarks from the public are limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes and a minimum of one minute per item. Except for the author of the request, public comment on 12-items are limited to 1 minute. Except on Public Input, speakers may donate 2 minutes to another person who may speak for a total of 4 minutes on that item. Both the donor of time and the designated speaker must submit their cards in person together.

Oral public comment from any one individual is limited to a total of 6 minutes per City Council meeting, with a maximum of 2 minutes per agenda item; under some circumstances, Council may change the maximum to 1 minute per agenda item.

ORDER OF BUSINESS (may not be changed except by majority vote of the City Council.)

1. Closed Session.

2. Special Agenda Items (City Manager’s Report
Commendations, Presentations, etc.).

3. Consent Calendar (All items considered in one
motion unless removed by a City Councilmember for
discussion. Public comment shall be heard prior
to City Council discussion).

4. Study Session.

5. Continued Items.

6. Administrative Proceedings.

7. Ordinances:
• 1
st Reading
• 2
nd Reading

8. Staff Administrative Item.

9. Public Hearings.

10. Reports of Boards and Commissions.

11. Resolutions.

12. Written Communications (other than
Reports of Commission and Officers).

13. Councilmember Discussion Items.

14. Public Input (members of the public may
address the City Council only on items
not on the agenda, but within the subject
matter jurisdiction of the City)
Agendas and reports are accessible on the City's webpage at smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

City of Santa Monica Generated: 6/23/2022 2:30 PM Page 3

AGENDAS

CITY OF SANTA MONICA

SPECIAL MEETING

CITY HALL COUNCIL CHAMBERS
1685 MAIN STREET, ROOM 250,
TUESDAY, JUNE 21, 2022
MEETING BEGINS AT 6:00 PM
WAYS TO PROVIDE REMOTE PUBLIC COMMENT:

Written public comment can be submitted via email to [email protected].

Written comments received prior to 12:00 pm on the day of the meeting will be available online. Please note the agenda item number in the subject line of your written comments.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL
(This is a special City Council meeting. Public comment is restricted to only items listed on the agenda.)

1. CLOSED SESSIONS
No items
(Please note that Agenda Items may be reordered during the Council meeting at the discretion of the City Council.)

THE FOLLOWING IS THE ORDER OF BUSINESS FOR ITEMS TO BE HEARD NO EARLIER THAN 6:30 P.M.

2. SPECIAL AGENDA ITEMS
No items

3. CONSENT CALENDAR
(All items will be considered and approved in one motion unless removed by a Councilmember for discussion.)
City of Santa Monica Generated: 6/23/2022 2:30 PM Page 4 No items

4. STUDY SESSION
No items

5. CONTINUED ITEMS
No items

6. ADMINISTRATIVE PROCEEDINGS
No items

7. ORDINANCES
(Public comment is permitted on ordinances for introduction and first reading. No public discussion is permitted on ordinances for second reading and adoption.) No items

8. STAFF ADMINISTRATIVE ITEMS

8.A. Adoption of a Resolution to Amend Council Rules of Order and Procedure for the Conduct of City Council Meetings
Recommended Action
Staff recommends that the City Council:

1. Provide direction to staff regarding changing the time limit(s) for public comment;

2. Provide direction to staff regarding order for hearing both in-person and remote public comment and the discontinuation of the time donation to another speaker policy upon implementation of hybrid meetings;

3. Provide direction to staff regarding the continuation of Boards and Commissions to meet quarterly and remotely until the end of calendar year 2022 or until the end of the 1st quarter of 2023;

4. Implement hybrid City Council meetings beginning with the first regular Council meeting in September, pending budget approval of staffing; and

5. Adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure.

8.B. Housing Element Draft Redline Revisions
Recommended Action
Staff recommends that the City Council direct staff to transmit draft redline revisions to the adopted 6th Cycle (2021-2029) Housing Element Update to the California Department of Housing and Community Development for review and comment.

9. PUBLIC HEARINGS
City of Santa Monica Generated: 6/23/2022 2:30 PM Page 5 No items

10. REPORTS OF BOARDS AND COMMISSIONS
No items

11. RESOLUTIONS
No items

12. WRITTEN COMMUNICATIONS
No items

13. COUNCILMEMBER DISCUSSION ITEMS
No items

ADJOURNMENT
Agendas and reports are accessible on the City's webpage at www.smgov.net/council/agendas. They are also available at the City Clerk's Office and in alternate formats upon request. For a free email subscription to the City Council Agendas, please contact the City Clerk’s Office at (310) 458-8211 or [email protected].

Members of the public unable to attend a meeting but wishing to comment on an item(s) listed on the agenda may submit written comments prior to the meeting by meeting by mailing them to: City Clerk, 1685 Main Street, Santa Monica, CA 90401 or to [email protected]. Written comments received from the public by 2 PM on the day of the City Council meeting will be distributed to the City Council prior to the meeting and posted online.

City Hall and the Council Chamber are wheelchair accessible. If you require any special disability related accommodations (i.e. sign language interpreting, access to an amplified sound system, etc.), please contact the City Clerk’s Office at (310) 458-8211 or TDD: (310) 917-6626 at least 3 days prior to the scheduled meeting.

Si desea comunicarse con alguien en español, llame a nuestra oficina al (310) 458-8211 y pida hablar con Esterlina Lugo.

Santa Monica Blue Bus Lines #2, #3, #5, #9 and the EXPO Line serve City Hall. Parking is available on Main Street, on Olympic Drive, and in the Civic Center Parking Structure (validation free).

City Council
Report
City Council Meeting: June 21, 2022
Agenda Item: 8.A
1 of 7
To: Mayor and City Council
From: Denise Anderson Warren, City Clerk, Records and Election Services Department
Subject: Adoption of a Resolution to Amend Council Rules of Order and Procedure for the Conduct of City Council Meetings
Recommended Action
Staff recommends that the City Council:

1. Provide direction to staff regarding changing the time limit(s) for public comment;

3. Provide direction to staff regarding the continuation of Boards and Commissions to meet quarterly and remotely until the end of calendar year 2022 or until the end of the 1st quarter of 2023;

4. Implement hybrid City Council meetings beginning with the first regular Council meeting in September, pending budget approval of staffing; and

5. Adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure.

Summary
At the May 24, 2022, Council meeting, a study session was held to discuss ways in which Council meeting management can be improved and allow for remote public comment. At that time, Council directed staff to return with resolution(s) adopting the following meeting format changes:

1. Setting a fixed public meeting start time for regular meetings of 7:00 p.m., with 7:00 being the set time to end Closed Session;

2. As a pilot through December 31, 2022, consolidating the following public comment at the beginning of the meeting:

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Special Items, Closed Session, and all Public Agenda Items, except Public Hearings. Comments for Public Hearings (items that require public notice such as appeals, zoning changes and other items required by law) will be heard when the items are called.

3. Moving proclamations and other special items ahead of Closed Session;

4. Moving the deadline for Councilmember Discussion Items (13 Items) to noon on Monday, 8 days ahead of the Council meeting; and

5. Having quarterly updates from Council ad hoc committees.

In addition to consolidating all public comment to the beginning of the meeting, there was universal support amongst Councilmembers for implementing a remote public comment option for both Council and board and commission meetings.

Discussion
Amending Council Rules
The Council’s current Rules of Order and Procedure are established by Resolution No. 11418. Rule 30 provides that the Council Rules may be amended by resolution.

To reflect the procedures Council recommended at the May 24, 2022 Council meeting, staff proposes that Council adopt a resolution (Attachment A) to amend Rule 2, which governs time and place for holding regular meetings to change the start time for open session from 6:30 p.m. to 7:00 p.m. It is also recommended that Rule 3 governing quorum and action be amended to include a statement regarding ad hoc committees being required to report to Council quarterly. Staff further recommends amending Rule 5 (c) governing placing Councilmember agenda items on the agenda to submit items for regular meetings by 12:00 p.m. on Monday, eight (8) days prior to the proceeding Council meeting. Finally, staff recommends amending Rule 6, which governs categories and order of business as follows:
(a) Call to Order.
(b) Salute to the Flag.

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(c) Roll Call.
(d) Public Comment for Closed Session, Special Agenda, and Consent Calendar Items Only.
(e) Closed Session.
(f) Special Agenda Items. This item includes the City Manager’s Report, proclamations, commendations, introductions of special guests, special meetings, appointments to the City Council and presentations and reports by other non-City public entities or legislative bodies. (g) Consent Calendar. The consent calendar shall consist of the approval of minutes of previous meetings and those other items such as contracts and routine resolutions which do not necessitate a separate public hearing and which are determined in the Agenda preparation process to be relatively non-controversial. Ordinances for second reading and adoption may be placed on the consent calendar if all members of the City Council were present when the vote for first reading and introduction took place and this vote was unanimous. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The title to the individual consent items need not be read unless a request to do so is made by any Councilmember. Members of the public shall have no more than one opportunity to address the City Council concerning any and all items on the consent calendar. Members of the public shall be heard prior to City Council consideration of the consent calendar. Councilmembers may request to have individual matters removed from the consent calendar so that they may be heard on those matters. All matters remaining on the

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consent calendar may be approved by a single vote. Any items removed from the consent calendar shall be considered separately in the order of their appearance on the Agenda. Removed items may be heard immediately following the consent calendar or may be heard after the City Council concludes Closed Session or Study Session. (h) General Public Input. Allows members of the public to address the City Council on matters not otherwise on the agenda that are within the City Council’s subject matter jurisdiction. State law prohibits the City Council from taking any action on items not listed on the agenda. As a result, no formal action may be taken on any matter under this item. (i) Public Comment on Agenda Items. Allows members of the public to have the opportunity to speak on items on the agenda before or during the City Council’s consideration of the item, except where a public hearing is required by law.
(j) Study Session. During Study Sessions staff will present information regarding a complex matter that will be subject to Council deliberation and decisions in the future. No City Council action will be recommended or taken as part of the Study Session.
(k) Continued Items. This item includes agendized items of a previous City Council meeting not considered at such meeting. The City Council may vote by a majority of its members to have a carry-over item placed on a subsequent agenda as a continued item.
(l) Administrative Proceedings. This item includes proceedings requiring the City Council to make a quasi-judicial decision concerning an individual application or appeal.

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(m) Ordinances.
(1) Second Reading and Adoption. No public discussion is permitted on second readings.
(2) Introduction and First Reading.
(n) Staff Administrative Items. This category will include policy matters to be considered by the City Council or at joint meetings of the City Council, Parking Authority, Housing Authority, the Public Financing Authority and/or Redevelopment Successor Agency.
(o) Public Hearings. This item consists of public hearings required by specific provisions of law.
(p) Reports of Boards and Commissions. Boards and commissions who may present reports under this item include, but are not limited to, all City boards, commissions and task forces. Reports may also be provided by the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., Santa Monica Convention and Visitors Bureau.
(q) Resolutions. A resolution will be considered under this item only if its substance makes extensive public input advisable, or if it should be considered after another item on the Agenda, otherwise the resolution will be considered on the Consent Calendar.
(r) Written Communication. This item allows the City Council to consider issues raised by written submissions from the public.
(s) Councilmember Requested Items. This category consists of Councilmember requested agenda items. Action and direction may occur on these items to the extent specified in the agenda item.

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Councilmembers should discuss requested agenda items in advance with the City Manager to see if the City Manager will place them on the agenda as Staff Administrative Items or otherwise or address them in other ways. (t) Public Input. This item allows members of the public to address the City Council on matters not otherwise on the agenda that are within the City Council’s subject matter jurisdiction. State law prohibits the City Council from taking any action on items not listed on the agenda. As a result, no formal action may be taken on any matter under this item.

Staff is asking for direction regarding time limits for public input. Currently, Rule 15 (e) regarding time limits stipulates that members of the public shall limit their remarks to two minutes per agenda item for a total of six minutes per meeting. Now that Council has approved consolidating all public comment, including general public input, to the beginning of the meeting, staff is recommending keeping the six-minute maximum per meeting, with a two minute maximum per comment section. This does not affect public comment where public hearings are required by law.

Hybrid Meetings
In addition to the changes to the meeting format, Council voiced resounding support for including a hybrid component to both Council meetings and board and commission meetings to allow for residents who are not able to physically attend meetings in person to have an option to provide live public comment. Staff is recommending, pending budget approval, that this component be implemented effective with the first regular Council meeting in September and for boards and commission to begin at the end of calendar year 2022 or at the end of the first quarter of 2023, in order to allow adequate time to recruit staff, obtain, and install the technology needed to provide this service.

At this time, staff is asking Council to provide direction as to how public comment will be heard once the hybrid model is implemented. One option would be to allow all remote callers to be heard first to allow staff to be released once remote public comment is completed. However, this would negatively impact those persons attending the meeting

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in person, as they will have to wait until remote calling is complete. Another option would be to rotate back and forth between in-person and remote public speakers, for example, allowing three in-person speakers then three remote public speakers and so on and so forth. Further, due to the difficulty of managing time donation for remote callers, staff is recommending that Council remove rule 16(j) governing time donation to another speaker once hybrid meetings are implemented.

Remote Quarterly Meetings for Boards and Commissions
Finally, if resources are made available for hybrid meetings and the City is able to make the required findings under AB 361, staff is recommending that Council extend remote meetings for boards and commissions until the end of calendar year 2022 or until the end of the first quarter of 2023 to address the costs associated with additional staffing and training and obtaining technology to upgrade facilities in order to hold hybrid meetings.

Financial Impacts and Budget Actions
There are no immediate impact to the budget at this time.

Prepared By: Nikima Newsome, Assistant City Clerk
Approved Forwarded to Council
Attachments:

A. 20220621 Council Rules
B. Written Comments
C. PowerPoint Presentation

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1 City Council Meeting: June 21, 2022 Santa Monica, California RESOLUTION NO. ____ (CCS)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA AMENDING THE RULES OF ORDER AND

PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS AND
REPEALING RESOLUTION NUMBER 11418 (CCS)

THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council Rules of Order and Procedure are hereby amended to read as follows:

RULES FOR CITY COUNCIL MEETINGS
RULE 1. RULES OF ORDER.

Except as otherwise provided by these rules, the City Charter, the Municipal Code, or applicable provisions of state law, the procedures of the City Council shall be governed by the latest revised edition of Roberts Rules of Order.

The City Council rules, or any one thereof, may be suspended by a vote of twothirds (2/3) of the Councilmembers present.

RULE 2. TIME AND PLACE FOR HOLDING REGULAR MEETINGS.

Pursuant to the provisions of Section 611 of the Santa Monica City Charter, the City Council establishes the second and fourth Tuesdays of each month as the days for holding regular meetings of the City Council. The regular meeting shall commence at 5:30 p.m., for the Closed Session. It is the intention of the City Council that all other

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) 2 agenda items shall commence no earlier than 6:30 7:00 p.m., following the Closed Session. If any such Tuesday falls on any day designated by law by the City Council as a day for public feast, Thanksgiving or holiday, such regular meeting shall be held on the date of the regular meeting next following said Tuesday at the hour heretofore fixed or at such other day as may be fixed. The City Council Chamber in City Hall is established as the place for holding the City Council’s regular meetings.

RULE 3. QUORUM AND ACTION
In accordance with Section 614 of the Santa Monica City Charter, four Councilmembers shall constitute a quorum for the transaction of business. Except as otherwise provided in the Charter, or other law or these rules action shall be taken by a majority vote of the entire membership of the City Council. However, in the case of a quasi-judicial hearing, if only four Councilmembers are participating, the applicant or appellant shall be entitled to request and receive a continuance of the hearing, until such time as five Councilmembers are participating.

Whenever any Councilmember questions the presence of a quorum, the presiding officer shall forthwith direct the City Clerk to call the roll, each Councilmember shall respond when his or her name is called and the Clerk shall announce the result. Such proceedings shall be without debate, but no Councilmember who is speaking may be interrupted by a question as to the presence of a quorum.

The City Council may also establish standing subcommittees of its members to address designated areas of City business on the Council's behalf and may establish ad hoc committees to formulate reports or recommendations on particular matters. Ad hoc committees must provide quarterly updates to Council.

RULE 4. MEETINGS TO BE PUBLIC - EXCEPTION FOR CLOSED SESSIONS.

As required by the Ralph M. Brown Act (the “Brown Act”), California Government Code Sections 54950, et seq., all regular, adjourned regular and special meetings of the City Council shall be public, provided, however, the City Council may meet in a Closed

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) Session from which the public is excluded, for those purposes authorized by the Brown Act.

No Councilmember, employee of the City, or any other person present during a Closed Session of the City Council shall disclose to any person the content or substance of any communication which took place during the Closed Session unless the City Council specifically authorizes the disclosure by majority vote or unless the disclosure is required by law.

RULE 5. AGENDA.

The City Clerk shall prepare the Agenda under the direction of the City Manager as follows:
(a) The City Manager shall consult with the Mayor and Mayor Pro Tempore in the preparation of the Agenda.
(b) The Agenda and all available supporting documents shall be delivered to Councilmembers on the Tuesday preceding the Tuesday City Council meeting to which it pertains or as soon thereafter as possible.
(c) Any Councilmember or the City Manager may direct that any matter within the City Council’s jurisdiction be placed upon the Agenda. Councilmembers should endeavor to submit Councilmember agenda items as follows: (1) for regular meetings, by 3:00 12:00 p.m. on Thursday Monday, eight (8) days prior to the proceeding Council meeting, in order to ensure that matters will be agendized for the following Tuesday; and (2) for special meetings, by 3:00 p.m. on the day two days before the day of the special meeting. Subject to Brown Act requirements, items submitted after 3:00 p.m. on the specified day will be agendized for the next regular meeting, unless the Councilmember has identified an urgency requiring that the matter be added to the current agenda.

Councilmember items may only be combined with other items on the agenda by a vote of the Council. A Councilmember who wishes to combine his or her item with another item on the agenda may direct that the following language be included with the

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) agenda item: “This item may be considered with Item.” The City Manager may combine staff items on the agenda in order to ensure that the public’s business is handled efficiently and conveniently.
(d) The City Clerk shall post the Agenda as required by the BrownAct. Copies of the Agenda shall be posted on the windows of the Santa Monica Institute room, located at 330 Olympic Drive, Santa Monica, California 90401. The City Clerk shall maintain on file in his or her office declarations establishing compliance with the posting requirements. (e) No action shall be taken on any item not appearing on the posted Agenda unless the item is added to the Agenda in the manner required by the BrownAct. (f) Matters directed to be placed on the Agenda at the direction of Councilmembers shall be listed on the Agenda in the order of receipt by the City Clerk. (g) Written requests to the City Council shall be received and opened by the City Clerk and referred to the City Manager or his or her designee and either shall be transmitted to the appropriate board, commission or staff member or shall be placed on the Agenda if City Council consideration is deemed appropriate by the Mayor or City Manager. Written requests being agendized shall be scheduled for City Council consideration at the earliest convenient meeting, taking into consideration the length and content of meeting agendas. Members of the public submitting written requests shall be advised of how their request is being handled. Councilmembers shall receive copies of those written requests which are not agendized. Agendized communications shall be listed on the Agenda in order of receipt. No communication shall be placed on an Agenda if it contains material that:
(1) Is profane.
(2) Is potentially slanderous or libelous.
(3) Advocates or opposes the candidacy of any person or party for any elective office.
(4) Is primarily an advertisement or promotion or has as a substantial

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) purpose the advancement of any cause the major benefit of which is private and not public.

Members of the public submitting written requests to the City Council are encouraged to limit their submissions to one per meeting. (h) All electronic presentation materials intended for use at a City Council meeting, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by an overhead projector, must be received by the City Clerk no later than 12:00 PM on the day of a City Council meeting. For clarity, this rule shall not apply to a current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits.

RULE 6. CATEGORIES AND ORDER OF BUSINESS.

The business of the City Council shall be conducted in the order and manner specified below. The order may be changed by a majority vote of those present. The following is the order of business:
(a) Call to Order.
(b) Salute to the Flag.
(c) Roll Call.
(d) Public Comment for Closed Session, Special Agenda, and Consent Calendar Items Only.
(e) Closed Session.
(f) Special Agenda Items. This item includes the City Manager’s Report, proclamations, commendations, introductions of special guests, special meetings, appointments to the City Council and presentations and reports by other non-City public entities or legislative bodies.

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) (g) Consent Calendar. The consent calendar shall consist of the approval of minutes of previous meetings and those other items such as contracts and routine resolutions which do not necessitate a separate public hearing and which are determined in the Agenda preparation process to be relatively non-controversial. Ordinances for second reading and adoption may be placed on the consent calendar if all members of the City Council were present when the vote for first reading and introduction took place and this vote was unanimous. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The title to the individual consent items need not be read unless a request to do so is made by any Councilmember. Members of the public shall have no more than one opportunity to address the City Council concerning any and all items on the consent calendar. Members of the public shall be heard prior to City Council consideration of the consent calendar. Councilmembers may request to have individual matters removed from the consent calendar so that they may be heard on those matters. All matters remaining on the consent calendar may be approved by a single vote. Any items removed from the consent calendar shall be considered separately in the order of their appearance on the Agenda. Removed items may be heard immediately following the consent calendar or may be heard after the City Council concludes Closed Session or Study Session. (h) Genreal Public Input. Allows members of the public to address the City Council on matters not otherwise on the agenda that are within the City Council’s subject matter jurisdiction. State law prohibits the City Council from taking any action on items not listed on the agenda. As a result, no formal action may be taken on any matter under this item.
(i) Public Comment on Agenda Items. Allows members of the public to have the opportunity to speak on items on the agenda before or during the City Council’s Consideration of the item, except where a public hearing is required by law. (j) Study Session. During Study Sessions staff will present information regarding a complex matter that will be subject to Council deliberation and decisions in the future. No City Council action will be recommended or taken as part of the Study Session.

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) (k) Continued Items. This item includes agendized items of a previous City Council meeting not considered at such meeting. The City Council may vote by a majority of its members to have a carry-over item placed on a subsequent agenda as a continued item.
(l) Administrative Proceedings. This item includes proceedings requiring the City Council to make a quasi-judicial decision concerning an individual application or appeal.
(m) Ordinances.
(1) Second Reading and Adoption. No public discussion is permitted on second readings.
(2) Introduction and First Reading.
(n) Staff Administrative Items. This category will include policy matters to be considered by the City Council or at joint meetings of the City Council, Parking Authority, Housing Authority, the Public Financing Authority and/or Redevelopment Successor Agency.
(o) Public Hearings. This item consists of public hearings required by specific provisions of law.
(p) Reports of Boards and Commissions. Boards and commissions who may present reports under this item include, but are not limited to, all City boards, commissions and task forces. Reports may also be provided by the Santa Monica Pier Corporation, Downtown Santa Monica, Inc., Santa Monica Convention and Visitors Bureau. (q) Resolutions. A resolution will be considered under this item only if its substance makes extensive public input advisable, or if it should be considered after another item on the Agenda, otherwise the resolution will be considered on the Consent Calendar.
(r) Written Communication. This item allows the City Council to consider issues

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) raised by written submissions from the public.
(s) Councilmember Requested Items. This category consists of Councilmember requested agenda items. Action and direction may occur on these items to the extent specified in the agenda item. Councilmembers should discuss requested agenda items in advance with the City Manager to see if the City Manager will place them on the agenda as Staff Administrative Items or otherwise or address them in other ways. (t) Public Input. This item allows members of the public to address the City Council on matters not otherwise on the agenda that are within the City Council’s subject matter jurisdiction. State law prohibits the City Council from taking any action on items not listed on the agenda. As a result, no formal action may be taken on any matter under this item.

RULE 7. PREPARATION OF MINUTES.

The City Clerk shall have exclusive responsibility for preparation of the Minutes, and any directions for corrections in the Minutes shall be made only by majority vote of the City Council.

RULE 8. APPROVAL OF MINUTES.

Minutes of a City Council meeting may be approved without reading if the City Clerk has previously furnished each Councilmember with a copy and unless a reading is ordered by a majority vote of the City Council.

RULE 9. PRESIDING OFFICER.

The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the City Council to order and a temporary Presiding Officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment.

RULE 10. POWERS AND DUTIES OF PRESIDING OFFICER.
(a) Participation. The Presiding Officer may move, second, and debate from the

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) chair, subject only to such limitations of debate as are imposed upon Councilmembers by these rules, and shall not be deprived of any of the rights or privileges of a Councilmember by reason of his or her acting as the Presiding Officer. (b) Duties. The Presiding Officer shall:
(1) preserve order at all meetings of the City Council; (2) state (or cause to be stated) each question coming before the City Council;
(3) announce the decisions of the City Council on all subjects; (4) decide all questions of order subject to the right to appeal rulings on questions of order to the entire City Council in accordance with Rule 12(d) below; and (5) encourage all persons present at the meeting to conform their conduct to the City's Civility Policy.

RULE 11. SWORN TESTIMONY AND SUBPOENA POWER.

Any Councilmember may request that anyone appearing before the City Council on any matter shall be sworn. On receipt of such a request, all proceedings shall be suspended and the City Council will immediately vote on whether the individual should be sworn. A majority vote of the Councilmembers present shall determine whether the speaker shall be placed under oath. All oaths will be administered by the City Clerk.

The City Council shall have the power to issue subpoenas as provided in City Charter Section 614.

RULE 12. RULES OF DEBATE.
(a) Getting the Floor. A Councilmember desiring to speak shall gain recognition by the Presiding Officer.
(b) Questions to Staff. Every Councilmember desiring to question City staff shall address his or her questions to the City Manager, the City Attorney, the City Clerk or designated staff. Members of the City staff, after recognition by the Presiding Officer shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) (c) Interruptions. A Councilmember who has the floor shall not be interrupted when speaking unless he or she is called to order by the Presiding Officer, a point of order or a personal privilege is raised by another Councilmember or the speaker chooses to yield to a question by another Councilmember. If a Councilmember is called to order, he or she shall cease speaking until the question of order is determined. (d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilmember to appeal to the City Council. If an appeal is taken, the question shall be: “Shall the decision of the Presiding Officer be overruled?” The Presiding Officer's decision may be overruled by a two-thirds vote of the Councilmembers then present.
(e) Point of Personal Privilege. The right of a Councilmember toaddress the City Council on a question of personal privilege shall be limited to cases in which the Councilmember’s integrity, character, or motives are questioned or where the safety or welfare of the City Council is concerned.
(f) Privilege of Final Comment. The Councilmember moving the introduction or adoption of an ordinance, resolution, or motion, shall have the privilegeof speaking last on the matter after all other Councilmembers have been given an opportunity to speak. (g) Motion to Reconsider Legislative Actions. A motion to reconsider any legislative action taken by the City Council may be made only by one of the Councilmembers on the prevailing side and may be seconded by any Councilmember.

Such motion may be made at any time and shall be debatable. A motion by a nonprevailing Councilmember or a request by a member of the public for reconsideration may be made only if one year has passed since the action was taken. (h) Calling for the Question. A question may be called by majority vote of those present. However, neither the moving party nor the party seconding any motion may call for the question, each Councilmember shall be afforded one opportunity to speak on each item before the question is called, and a question may not be called to interrupt or cut off a particular speaker.

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) (i) Limitation of Debate. Councilmembers shall limit their remarks to the subject under debate. No Councilmember shall be allowed to speak more than once upon any particular subject until every other Councilmember desiring to do so has spoken. Prior to beginning deliberation, the Council may, by a two-thirds vote of those present, limit the amount of time that each Councilmember may spend stating his or her views on a particular agenda item.

RULE 13. PROTEST AGAINST CITY COUNCIL ACTION.

Any Councilmember shall have the right to have the reasons for his or her opposition to any action of the City Council entered in the Minutes. Such opposition shall be made in the following manner: “I would like the Minutes to reflect that I opposed this action for the following reasons…”
RULE 14. DISCLOSURE FOR QUASI JUDICIAL MATTERS.

On quasi-judicial matters, Councilmembers shall verbally disclose off-the-record contacts relating to the item, after the item is called and before City Council consideration of the matter. Disclosure shall include the identity of any individual(s) with whom the Councilmember had contact, and the nature of the contact.

RULE 15. PUBLIC TESTIMONY.
(a) Permitted. Pursuant to the Brown Act, public testimony is permitted on all agenda items, except ordinances for second reading, and the public shall have an opportunity to comment on any matter which is not on the Agenda but is within the City Council’s jurisdiction. However, members of the public do not have the right to give testimony outside the scope of or unrelated to the agenda item under consideration.

Additionally, members of the public should strive to avoid unduly reiterating their own or others’ testimony.
(b) Registration. Any member of the public wishing to address the CityCouncil regarding any item on the Agenda for public discussion shall register with the City Clerk staff prior to the start of the meeting, if possible, but no later than prior to the public hearing

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) on that item. Except when donating time to another speaker, which will only be permitted when both the person donating time and the other speaker are physically present at the Council meeting, a request received after the start of the hearing shall be considered late and may only be heard with Council approval.
(c) Manner of Addressing the City Council. After being recognized by the Presiding Officer, each member of the public addressing the City Council shall go to the podium, state his or her name and whom he or she is representing, if he or she represents an organization or other person. Each member of the public is encouraged, but not required, to also state his or her address, neighborhood, or city of residence. All remarks shall be addressed to the City Council as a whole and not to any individual member thereof. After a public hearing has been closed, no member of the public shall address the City Council on the matter under consideration without first securing City Council approval.
(d) Written Public Comment. Those wishing to provide public comment are encouraged to submit it in writing via email to be viewed online. For written comments received by 12:00 p.m. on the day of the Council meeting best efforts shall be made to have them posted on the Council’s online agenda. All written comments shall be made part of the public record.
(e) Time Limits. Except on Written Communication, members of the public shall limit their remarks to two minutes per comment section unless the City Council grants additional time by majority vote or the City Council reduces this time limit because of the large number of speakers for public comment on the particular item. The order in which members of the public provide remarks will be determined by the City Clerk, to the extent possible giving priority to K-12 students speaking on their own behalf, those limiting their time to one minute on an item, while members of the public using the full two minutes will speak afterwards. Persons speaking on another’s written communication and persons submitting late speaker requests, who receive permission to speak shall be limited to one minute. On Written Communication, those speaking on another’s item may speak only if the person raising the matter appears and testifies. If the person who raises the item does

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) not appear and testify, the matter shall be received and filed and persons wishing to speak on the matter may give their testimony during Public Input. A member of the public wishing to speak on more than one item shall limit his or her remarks to a total of six minutes per meeting unless the City Council grants additional time by majority vote. A member of the public may allocate time between items in one-minute increments up to two minutes. Testimony given as an applicant or appellant does not count toward the sixminute maximum. A Board or Commission member reporting to the City Council on behalf of a Board or Commission shall not be subject to these rules on time limits; however, City Council may limit the duration of such reports.
(f) Special Time Limits for Applicants and Appellants. Applicants and appellants on administrative items and public hearings shall limit their remarks to ten minutes and may reserve some of their time for use for rebuttal at the conclusion of the public hearing. The appellant shall have the opportunity to address the City Council first andlast. (g) Special Time Limits for Special Agenda Items. Public testimony is permitted on the City Manager’s Report and Appointments to the City Council. Proclamations, commendations and appearances by special guests are ceremonial items. In order to ensure adequate time for the Council’s regular business, groups of honorees or guests, who wish to speak, should appoint one or two representatives to speak for them. (h) Special Assistance for Those Who Cannot Wait to Speak. Members of the public, including those with special needs, who cannot wait to speak on an agenda item may request assistance from the City Clerk, and a member of the Clerk's office will provide assistance in preparing a written statement of testimony for distribution to the City Council.
(i) Extended Time Limits for Speakers Who Require Interpreter. A member of the public who utilizes an interpreter to provide English language translation shall receive twice the time otherwise allotted under these Rules.
(j) Donating Time to Another Speaker. Donations of time to other speakers may be made only if both the person donating time and the other speaker are physically present at the Council meeting. Except on Public Input, a member of the public, speaking

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) on their own behalf, may donate two minutes per agenda item to another speaker, speaking on their own behalf, and a speaker may accept one such donation from another per agenda item. The speaker and the person donating time shall turn in their chits together, notify the clerk of the donation, and go to the podium together. The speaker shall state both of their names and state that he or she is speaking for both. Donated time shall not increase an individual speaker’s total time limit of six minutes per meeting. Any request received after the start of the hearing shall be considered late and the donator will not be permitted to donate his/her time.
(k) Any electronic presentation materials presented as attachments to written public comment submitted by email for viewing online must be submitted in accordance with the time deadline set forth in Section 15(d) above. Electronic presentation materials will not be accepted in connection with public comment being provided by calling in to the Council meeting. For speakers who will be physically present to provide public comment at the Council meeting, all electronic presentation materials intended for use in connection with the public comment, including PowerPoint presentations, videos, audio, electronic images, and electronic portable document formats (PDFs), but excluding any hardcopy document projected by the overhead projector, must be received by the City Clerk no later than 12:00 PM on the day of a City Council meeting. All such electronic presentation materials must be emailed to the City Clerk’s Office and include the City Council meeting date, agenda item number, and name of the public speaker who, as noted above, will need to be present at the meeting. For clarity, this rule shall not apply to a current member of a board or commission speaking on a matter within the purview of the board or commission on which the member sits – arrangements for the use of electronic presentation materials by such a speaker should be made with the City Clerk by no later than 2:00 pm on the day of the Council Meeting.

RULE 16. RULES OF CONDUCT AND SAFETY.

When the City Council is in session, all persons present, whether in person or speaking by phone, must preserve safety and order and should strive to conform their conduct to the City's Civility Policy. Members of the public who are physically present at the Council meeting should sit in the audience seating area, unless addressing the City Council or entering or leaving the Council Chambers, should not block the aisles with

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) personal belongings and should not bring audible equipment into the Council Chambers including cellular telephones or pagers. Members of the public may not, except when testifying on or participating in an agenda item, enter the well area, which is the open area directly in front of the dais and extending outward from it to a line running between the points on the Clerk's desk and the podium nearest to the audience.

Any person who disrupts the meeting shall be called to order by the Presiding Officer. Disruption shall include but not be limited to, blocking the audience or camera view of the proceedings. If such conduct continues, the Presiding Officer may request the Sergeant at Arms to remove the person from Council Chambers.

The Chief of Police or such member or members of the Police Department as he or she may designate, shall be Sergeant At Arms of the City Council and shall carry out all orders given by the Presiding Officer through the City Manager for the purpose of maintaining order at City Council meetings. Any Councilmember may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the City Council shall require him or her to do so.

RULE 17. SEATING ORDER.

After each municipal election, the City Clerk shall determine City Council member seating order by drawing lots, with the exception of the Mayor Pro Tem, who shall be seated next to the Mayor.

RULE 18. ENTITLEMENT TO VOTE AND FAILURE TO VOTE.

Every Councilmember is entitled to vote unless disqualified by reason of aconflict of interest. A Councilmember who abstains from voting consents to the decision made by the voting Councilmembers.

RULE 19. VOTING PROCEDURE.

Any vote of the City Council, including a roll call vote, may be registered by the members answering “Yes” for an affirmative vote or “No” for a negative vote upon his or her name being called by the City Clerk. Voting order shall be based on seating order

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) with each roll call vote beginning at alternating ends of the dais and the Mayor voting last.

RULE 20. DISQUALIFICATION FOR CONFLICT OF INTEREST.

Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification and shall leave the dais prior to Council consideration of the matter. A Councilmember stating or having the Presiding Officer state such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

RULE 21. TIE VOTE.

Tie votes shall be lost motions.

RULE 22. CHANGING VOTE.

The vote of a Councilmember may be changed only if he or she makes a timely request to do so immediately following the announcement of the vote by the City Clerk or the Presiding Officer and prior to the time that the next item in the order of business is taken up.

RULE 23. AGENDA MANAGEMENT.

At any time prior to the City Council taking up agenda items after the report back from Closed Session, any member of the City Council may make a motion for agenda management to reorder or combine agenda items. Such a motion shall require the votes of a majority of the Councilmembers present to pass. If such a motion is passed, the City Clerk shall call agenda items in accordance with the agenda as modified by the motion.

RULE 24. PROCEDURE ON AGENDA ITEMS REQUIRING A MOTION.

The following procedure shall be followed in connection with any Agenda item requiring a motion:
(a) City Clerk reads the title.

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) (b) Presiding Officer calls for a staff report.
(c) Councilmembers question City staff.
(d) City Council conducts Public hearing.
(e) City Council deliberates.
(f) A Councilmember makes a motion, another Councilmember seconds the motion, and the Council debates it, with the maker of the motion having the opportunity to speak last.
(g) The Presiding Officer or City Clerk restates the motion. (h) The City Council votes on the motion.
(i) The Presiding Officer or City Clerk announces result.

RULE 25. PRESENCE OF CITY STAFF AT CITY COUNCIL MEETINGS.

The City Manager, City Clerk, and City Attorney, or, in their absence, their authorized representatives, shall attend and be present during all City Council meetings and give necessary service and advice.

RULE 26. RECORD OF MEETINGS.

All public meetings of the City Council shall be recorded. The recording shall be made by the City Clerk and retained in accordance with the City’s record retention schedule. The use of other recording or television equipment is permitted so long as it is not disruptive of the meeting.

RULE 27. USE OF TECHNOLOGY TO COMMUNICATE DURING MEETINGS During City Council meetings, Councilmembers shall not use electronic communications of any type, including texts and emails, to communicate among themselves.

RULE 28. ADJOURNMENT
No new item, other than Public Input, shall be considered after 11:00p.m. unless

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) consideration is approved by a two-thirds vote of the Councilmembers present.

RULE 29. CHARTER SECTION 615
In accordance with Charter Section 615, the adoption of all ordinances and resolutions shall be by reading of title only unless a Councilmember present at the meeting objects.

RULE 30. INTERPRETATION AND MODIFICATION OF THESE RULES.

These rules shall be interpreted liberally in order to provide for the optimum in the free interchange of information and public debate without an unnecessary waste of time or duplication of effort. These rules may be amended by resolution.

RULE 31. FAILURE TO OBSERVE RULES OF ORDER.

These rules of order and procedures govern the conduct of City Council meetings.

These rules are intended to expedite the transaction of the business of the City Council in an orderly fashion and are deemed to be procedural only. Failure to strictly observe these rules shall not affect the jurisdiction of the City Council or invalidate any action taken at a meeting that otherwise conforms to law.

SECTION 2. Resolution Number 11418 (CCS) and all other resolutions adopting, amending, or relating to City Council Rules of Order, are hereby repealed in their entirety.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_____________________________

DOUGLAS SLOAN
City Attorney

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Attachment: 20220621 Council Rules (5167 : Amend Council Rules and Boards & Commissions Policies (1) 1 Vernice Hankins
From: [email protected]
Sent: Tuesday, June 21, 2022 8:51 AM
To: councilmtgitems
Cc: [email protected]; Phil Brock; Gleam Davis; Oscar de la Torre; Sue Himmelrich; Kristin McCowan; Lana Negrete; Christine Parra
Subject: City Council 6/21/ agenda item 8-A

EXTERNAL
Dear Council members,
Re the staff recommendations on agenda item 8-A:

1. Please do not further shorten the time limits on Public Comment. It's already been shortened from 3 minutes to 2 minutes.

2. I support hearing both in-person and remote public comment.

3. I hope that Commissions still meeting monthly (such as the Airport Commission) will be allowed to continue to do so.

In addition, you've already combined several Commissions into one (the new Human Services Commission), so only allowing that 4-in-1 Commission to only meet quarterly is ridiculous.

4. I strongly support the hybrid Council meetings.

5. Rules of Order:
a. Rule 2 -- Open session beginning no sooner than 7 PM is an improvement, as you rarely come back from Closed Session by 6:30.
b. Rule 5 -- Council member items should be submitted 8 days before the meeting. This also seems like a good idea, rather than a bunch of last minute additions to the agenda. c. Rule 6 -- Public Comment for Closed Session, Special agenda, and Consent Calendar items (currently #3 on the agenda) would come before Closed Session, i.e., around 5:30 PM. -- Then, General Input (public comment on topics not on the agenda, currently #14 on the agenda), i.e., around 5:30 PM. -- Then, Public Comment on all other agenda items (which normally occurs when those items are called), i.e., around 5:30 PM.

With these new rules, the only time when Public Comment would occur with the agenda item would be for required Public Hearings (currently #9 on the agenda), and those have only occurred twice since January, in connection with the St.

John's DA.

The advantage is that members of the public wouldn't have to sit around for hours waiting to speak.

The disadvantage is that public comments could occur hours before Council discussion of those agenda items and before the staff presentations.

But if remote comment is allowed, members of the public could watch the meeting on YouTube or Channel 16 at home, phone in when the agenda item is called, and not have to sit around City Hall for hours waiting to speak.

Thank you for your consideration.

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Attachment: Written Comments [Revision 1] (5167 : Amend Council Rules and Boards & Commissions Policies (1) 2 Zina Josephs

**************************************************************************************************************

Agenda item 8-A:

Adoption of a Resolution to Amend Council Rules of Order and Procedure for the Conduct of City Council Meetings
Recommended Action
Staff recommends that the City Council:

1. Provide direction to staff regarding changing the time limit(s) for public comment;

2. Provide direction to staff regarding order for hearing both inperson and remote public comment and the discontinuation of the time donation to another speaker policy upon implementation of hybrid meetings;

3. Provide direction to staff regarding the continuation of Boards and Commissions to meet quarterly and remotely until the end of calendar year 2022 or until the end of the 1st quarter of 2023;

4. Implement hybrid City Council meetings beginning with the first regular Council meeting in September, pending budget approval of staffing; and

5. Adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure.

In a message dated 6/19/2022 11:02:27 PM Pacific Standard Time, [email protected] writes:

https://santamonicacityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=1349

Agenda item 8-A: Resolution amending rules of order and procedure of City Council meetings

Rule 6 -- Public Comment for Closed Session, Special agenda, and Consent Calendar items (currently #3 on the agenda) would come before Closed Session, i.e., around 5:30 PM.

Then, General Input (public comment on topics not on the agenda, currently #14 on the agenda), i.e., around 5:30 PM.

Then, Public Comment on all other agenda items (which normally occurs when those items are called), i.e., around 5:30 PM.

The advantage is that members of the public wouldn't have to sit around for hours waiting to speak.

The disadvantage is that public comments could occur hours before Council discussion of those agenda items.

When the City Council discussed this earlier, at least one Council member said that they take notes during Public Comment, so they would remember what was said.

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Attachment: Written Comments [Revision 1] (5167 : Amend Council Rules and Boards & Commissions Policies (1) 1 Vernice Hankins
From: OZ <[email protected]>
Sent: Tuesday, June 21, 2022 12:01 PM
To: councilmtgitems; Phil Brock; Oscar de la Torre; Christine Parra Subject: 8A – OUT OF SIGHT, OUT OF MIND? Plus commenting on presentations that haven't been given yet?

EXTERNAL
Council must listen to the public on this item more than any other agenda item, because it is about the public's right to participate in the meetings.

The public should have the ultimate say in how and when the public comments/input is heard and how.

While I have been advocating for moving item 14 (general public input) to the top of the meetings since 2019, I object to the idea of consolidating ALL public comments, including comments to agenda items, at the beginning of the meeting.

For one, if there is a presentation offered for an agenda item, the public should be given the option to comment after hearing the presentation. Otherwise, what's the point of commenting at the beginning of the meeting if the public doesn't know what is going to be presented under the agenda item?...

Further, the consolidation of all public comments/input would allow the Council to get all the public input/comments out of sight/out of mind at the beginning of the meeting, and go about their business for the rest of the meeting without any immediate input from the public who wants to speak when an agenda item is called.

My experience when speaking before the LA County Board of Supervisors at the beginning of their meeting when they are supposed to hear consolidated input/comments was that the Supervisors used that time to what appeared to be reading up on the upcoming items, and they were NOT paying much attention to the public speakers at all. I have witnessed instances where none of the five Supervisors as much as lifted their eyes to look at the pubic speakers for the duration of the consolidated public input/comments, because they were busy reading and shuffling paperwork.

Consolidating all the public input/comments at the beginning of the meeting would merely result in checking off the box of hearing public input but in reality it would have an out of sight, out of mind effect. Councilmembers would not pay attention (as many of them currently do not pay attention during item 14), except it would be now happening at the beginning of the meeting as opposed to the end. Councilmembers Negrete, McCowan and Himmelrich, who excel at disrespecting the public speakers during item 14 are unlikely to change their ways simply because all the comments/input would be now heard at the beginning of the meeting. During the consolidated public comments/input there would be the same walking, chatting, looking at phones, snacking etc that usually happens during item 14, probably with an added element of reading up on the upcoming items.

One solution is to offer an OPTION for members of the public who do not mind waiting to speak when the item is called rather than at the beginning of the item.

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Attachment: Written Comments [Revision 1] (5167 : Amend Council Rules and Boards & Commissions Policies (1) 2 Another option is to simply keep allowing public comments when agenda items are called, but hearing what is now item 14 (general public input) at the beginning of the meeting.

Additionally, borrowing time should be allowed both for in-person and call-in comments.

Regards,
Olga Zurawska
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Attachment: Written Comments [Revision 1] (5167 : Amend Council Rules and Boards & Commissions Policies (1) Board Executives
Chair
Michael Ricks
Providence Saint John’s
Health Center
Chair-elect
Greg Morena
The Albright
Past Chair
Becky Warren
Elevate Public Affairs
Treasurer
Len Lanzi
Stubbs, Alderton &
Markiles LLP
Vice Chair
Julia Ladd
Santa Monica
Place/Macerich
Vice Chair
Paula Larmore
Harding Larmore Kutcher
& Kozal LLP
Vice Chair
Ellis O’Connor
MSD Hospitality/Fairmont
Miramar Hotel
Board Members
Younes Atallah
Loews Santa Monica Beach
Hotel
Craig Babington
Morley Builders
Andrew Barrett-Weiss
GoodRX
Dom Bei
Santa Monica Firefighters
Local 1109
Jason Berkowitz
Arrow Up Training
Jasson Crockett
Snapchat
Kevin Delijani
Delphi Real Estate Group
Dr. Ben Drati
SMMUSD
Celia Fisher
Beach Moms Daycare
Rudy Flores
Santa Monica Police
Officers Association
Board Members, Cont.

Jeffrey Fritz
Fritz Buffone Group | Compass
Realty
Lisa Glasser
Oracle
Ryan Ole Hass
Align RE | a global real estate
collaboration
Ann Hsing
Pasjoli
Kathy Irby
Commercial Bank of California
Jeff Jarow
PAR Commercial
Dr. Kathryn Jeffery
Santa Monica College
Kim Koury
Spin PR
Julien Laracine
Proper Hospitality
Hayden Lee
Hayden Lee Coaching Intl.

Charlie Lopez-Quintana
ETC Hotels
Jonathan McCowan
310 Tutors
Susan Neisloss
Big Bite Productions
Pam O’Connor
Terry O’Day
In Charge Energy
Janet Rimicci
UCLA Health
Laura Rosenbaum
CIT One West
Beth Schroeder
Raines Feldman
Jon Shoemaker
Gumbiner Savett, Inc.

Nat Trives
Coalition for Engaged
Education
Jerry L. Yu
Kaiser Permanente
June 21, 2022
City Council
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
RE: Item 8.A – (4) Implement hybrid City Council meetings Dear Mayor and Council Members:

On behalf of the Santa Monica Chamber of Commerce—representing 600 local businesses in Santa Monica—we write in support of implementing hybrid City Council meetings, including a remote call-in or participation option for public comment.

Since the start of the COVID-19 pandemic over two years ago, many government and other civic meetings have been conducted virtually in the name of public health and maintaining physical distance. Those virtual meetings have included multiple ways for members of the public to participate remotely, either via videoconference or telephone call.

While the Chamber is excited to return to live, in-person programming and is pleased to see City Hall reopened to the public, we cannot deny the convenience and flexibility offered by remote participation. Many of our members maintain busy schedules, working late, taking care of family, or commuting long distances; and some of our members still have health concerns about being in crowded, indoor spaces.

In-person only public comments necessarily excludes a lot of these important stakeholders from participating in these meetings, whereas a virtual option is more inclusive for all.

We appreciate Council’s direction to staff on this matter and support the effort to re-implement a remote participation option for City Council meetings.

Sincerely,
Judy Kruger Michael Ricks
President/CEO 2021-22 Board Chair
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Attachment: Written Comments [Revision 1] (5167 : Amend Council Rules and Boards & Commissions Policies (1) Council Rule Changes/Hybrid
Meetings
Tuesday, June 21, 2022

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Attachment: PowerPoint Presentation (5167 : Amend Council Rules and Boards & Recommendations

1. Provide direction to staff regarding changing the time limit(s) for public comment;

3. Provide direction to staff regarding the continuation of Boards and Commissions to meet quarterly and remotely until the end of calendar year 2022 or until the end of the 1st quarter of 2023;

4. Implement hybrid City Council meetings beginning with the first regular Council meeting in September, pending budget approval of staffing; and

5. Adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure.

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1. Setting a fixed public meeting start time for regular meetings of 7:00 p.m., with 7:00 p.m. being the set time to end Closed Session;

2. As a pilot through December 31, 2022, consolidating the following public comment at the beginning of the meeting: Special Items, Closed Session, and all Public Agenda Items, except Public Hearings. Comments for Public Hearings (items that require public notice such as appeals, zoning changes and other items required by law) will be heard when the items are called.

3. Moving proclamations and other special items ahead of Closed Session;

4. Moving the deadline for Councilmember Discussion Items (13 Items) to noon on Monday, 8 days ahead of the Council meeting;

5. Having quarterly updates from Council ad hoc committees; and

6. Implementing a remote public comment option for both Council and board and commission meetings.

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Attachment: PowerPoint Presentation (5167 : Amend Council Rules and Boards & Time Limits
• Rule 15 (e) regarding time limits stipulates that members of the public shall limit their remarks to two minutes per agenda item for a total of six minutes per meeting.
• Staff is recommending keeping the six-minute maximum per meeting, with a two-minute maximum per comment section. • This does not affect public comment where public hearings are required by law.

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Attachment: PowerPoint Presentation (5167 : Amend Council Rules and Boards & Order for Public Comment

1. Call to Order

2. Salute to the Flag

3. Roll Call

4. Public Comment for Closed Session, Special Agenda, and Consent Calendar Items Only (2 minutes)

5. Closed Session

6. Special Agenda Items

7. Consent Calendar

8. General Public Input (2 minutes)

9. Public Comment on Agenda Items (2 minutes)

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Attachment: PowerPoint Presentation (5167 : Amend Council Rules and Boards & Hybrid Meetings
Staff is recommending, pending budget approval, that
hybrid meetings be implemented effective with the
first regular Council meeting in September and for
boards and commission to begin at the end of
calendar year 2022 or at the end of the first quarter of 2023, in order to allow adequate time to recruit staff, obtain, and install the technology needed to provide
this service.

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Attachment: PowerPoint Presentation (5167 : Amend Council Rules and Boards & Order of Hearing Public Input
•Allow all remote callers to provide
public comment first or vice versa
•Rotate back and forth between inperson and remote callers

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Attachment: PowerPoint Presentation (5167 : Amend Council Rules and Boards & Remote Meetings
Staff is recommending that Council extend remote
meetings for boards and commissions until the end of
calendar year 2022 or until the end of the first quarter of 2023 to address the costs associated with
additional staffing and training and obtaining
technology to upgrade facilities in order to hold hybrid meetings.

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Attachment: PowerPoint Presentation (5167 : Amend Council Rules and Boards & Recommendations

1. Provide direction to staff regarding changing the time limit(s) for public comment;

3. Provide direction to staff regarding the continuation of Boards and Commissions to meet quarterly and remotely until the end of calendar year 2022 or until the end of the 1st quarter of 2023;

4. Implement hybrid City Council meetings beginning with the first regular Council meeting in September, pending budget approval of staffing; and

5. Adopt the attached proposed resolution amending the City Council’s Rules of Order and Procedure.

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Attachment: PowerPoint Presentation (5167 : Amend Council Rules and Boards & Questions

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Attachment: PowerPoint Presentation (5167 : Amend Council Rules and Boards & City Council
Report
City Council Meeting: June 21, 2022
Agenda Item: 8.B
1 of 8
To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Housing Element Draft Redline Revisions
Recommended Action
Staff recommends that the City Council direct staff to transmit draft redline revisions to the adopted 6th Cycle (2021-2029) Housing Element Update to the California Department of Housing and Community Development for review and comment.

Summary
On February 8, 2022, the California Department of Housing and Community Development (“HCD”) determined that although Santa Monica’s adopted 6th Cycle (2021-2029) Housing Element Update meets many statutory requirements, further revision is necessary in order to comply with all aspects of State Housing Element law (Attachment A). Because Santa Monica did not adopt an HCD-certified Housing Element by October 15, 2021 or within the additional 120-day period (i.e. February 12, 2022), Santa Monica was formally deemed out of compliance for the 6th Cycle Housing Element.

Since receipt of the letter, staff has had consultations with HCD staff regarding revisions to the Housing Element to address HCD’s comments. On April 26, 2022, staff provided a progress update to the City Council on consultations with HCD. On June 15, 2022, the Planning Commission provided a recommendation to the City Council on the draft redline revisions, which is summarized in the Background section of this report.

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This report presents draft redline revisions to all of HCD’s comments on the Housing Element as shown in the attached table (Attachment B). City staff’s draft redline revisions (Attachments C-F) have been viewed by HCD staff who have preliminarily provided generally favorable feedback on City staff’s approach to addressing the comment, subject to full review and public comment once draft redline revisions are submitted to HCD.

Upon City Council’s direction, these redline revisions to the Housing Element will be transmitted to HCD with a goal to receive HCD’s approval of draft revisions before formal adoption of a revised Housing Element in the Fall, when additional environmental analysis is complete.

Past Council Actions
Below are past Council actions related to the 6th Cycle Housing Element process.

Date Description
10/12/2021 City Council adopted the 6th Cycle 2021-2029 Housing Element. The adopted Final Housing Element was transmitted to HCD for their 90- day review period for certification.
3/15/2022 City Council held SB9 Study Session and gave direction to staff 4/26/22 City Council received progress update on potential revisions to Housing Element as a result of consultations with HCD staff Background
On February 2, 2022, pending completion of HCD’s review, the Planning Commission reviewed the first phase of implementation of priority housing programs per the schedule in the adopted 6th Cycle Housing Element. The first phase of implementation included proposed amendments to the Land Use and Circulation Element (LUCE}, Bergamot Area Plan, Downtown Community Plan, and the Zoning Ordinance for consistency with the Housing Element.

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Planning Commission Recommendation on Draft Redline Revisions On June 15, 2022, the Planning Commission voted 5-2 to recommend that the City Council direct staff to transmit draft redline revisions to the Housing Element with the following changes:
• Mixed Use Creative zone south of Expo Bike Path and north of Pennsylvania Avenue (between Stewart St and Stanford St) - 3.25 FAR and 70 feet • Add language to Programs 2E, 2F, and 6C indicating the City’s past and future commitment to support measures that are not housing constraints to generate and allocate tax revenue for the acquisition and development of deed-restricted affordable housing.

The Planning Commission’s recommendation has been incorporated into the draft redline revisions.

Discussion
The redline revisions are grouped into three main categories and the below provides a brief summary:
• Technical Revisions – Suitable Sites Inventory, Constraints Analysis • Affirmatively Furthering Fair Housing
o Housing preservation programs
o Rezoning in commercial districts
o R1 zone metrics and monitoring
• City-owned Sites
Technical Revisions
The proposed redline revisions are technical in nature and primarily address HCD’s comments on assumptions used in the Suitable Sites Inventory that are the basis for calculating overall capacity. As previously explained at the April 26, 2022 City Council meeting, the overall housing capacity analyzed in the Housing Element has increased to over 13,000 units in order to address HCD’s technical comments. The revisions also address HCD’s comments on the constraints analysis on such issues as emergency shelters, fees, and Accessible Dwelling Units (ADUs).

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Affirmatively Furthering Fair Housing (AFFH)
The proposed redline revisions address HCD’s comments on AFFH and as noted above, focus on three general areas:
• Housing preservation programs – City staff clarified for HCD staff that Santa Monica’s fair housing strategy leads first and foremost with housing preservation.

The City’s long record of rent control, tenant protection policies, use of the City’s housing trust funds to provide loans for substantial rehabilitation of existing buildings with low-income tenants, and programs to assist vulnerable households most at-risk of displacement are evident in the list of housing programs in Chapter 5. Revisions focused on adding program background, clarifying geographic targeting, and adding metrics where available. • Distribution of housing capacity throughout the city – Given Santa Monica’s relative homogeneity as a highest/high resource city, HCD placed a greater emphasis on reviewing local data and factors. This means that Santa Monica’s AFFH strategy is different compared to other cities with significant demographic and socioeconomic disparities between census tracts. HCD staff did not have objection to the strategy to distribute housing capacity throughout the city. The draft redline revisions include floor area ratio (FAR) and corresponding building height increases largely in commercial boulevards north of the I-10 freeway (Wilshire, Santa Monica Boulevard, Broadway, Colorado, Olympic), Bergamot, and Downtown in exchange for lesser development standards in Pico neighborhood and neighborhood commercial areas such as Montana Avenue, Main Street, and Ocean Park Boulevard.
• R1 zone metrics and monitoring – HCD staff clarified that in order to address comments, appropriate metrics would need to be added to demonstrate commitment to increasing housing choice and type in R1 zones. In addition to the existing program to incentivize additional ADUs, two new programs (4E and 4F) have been added to incentivize SB9 units, particularly on larger parcels, and

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also add a target to issue building permits for 47 additional housing units per year in the R1 zones coupled with mid-cycle monitoring to assess progress.

City-Owned Sites
HCD staff clarified that a more explicit explanation of the City’s commitments to offer City-owned sites for affordable housing would need to be provided, and the draft redline revisions in Program 2E reflect changes necessary to address HCD’s comments. The Housing element identifies five City-owned sites to meet the City’s lower income targets in the RHNA. Program 2E indicates that 1,880 affordable housing units can be accommodated on City-owned sites as shown in the following table:

Sites Unit
Capacity Constraints
Parking Structure 3
(pending project) 104 None
Wilshire Parking
Lots
(3 sites)
130 None
4th/Arizona 362 Bank leases don’t terminate until 2026
Bergamot Arts
Center 707
Property management agreement until April 2027.

Annual leases with 30 businesses that renew each
calendar year until redevelopment
Main Street Parking
Lots 577 None but replacement parking will be necessary (Coastal Zone) Total 1,880
The City-owned sites are also being relied upon to address the lower-income shortfall – a statutory requirement in Housing Element where the City must calculate the difference in lower-income affordable housing capacity between existing zoning standards and the lower-income RHNA allocation. The lower-income shortfall has been calculated to be 1,433 lower-income units and thus the 1,880 affordable units that could be accommodated on City-owned sites would cover that shortfall. Government Code Section 65583.2(h) and (i) require that identified land must allow 100% residential use and can only be redeveloped with a minimum 50% residential floor area in mixed-use

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projects (i.e. 100% commercial projects would be prohibited). The City has the greatest amount of control over city-owned sites, particularly in terms of being able to impose a minimum requirement for residential uses and thus, Program 1K states that City-owned sites are addressing the lower-income shortfall.

Next Steps
As explained in the April 26, 2022 Council report providing a progress update on HCD consultations in addition to a summary table of consequences of being out of compliance, October 15, 2022 is the next consequential milestone in Housing Element law as it is the date by which the City must rezone to accommodate the RHNA allocation.

As also explained in the April 26, 2022 Council report, the consequences for jurisdictions that have failed to adopt a housing element that has been found by HCD to be in substantial compliance include the following:

1. Denial of state funding where eligibility is contingent upon a housing element that has been found by HCD to be in substantial compliance. Gov’t Code § 65589.11

2. Required by-right approval of housing development projects with at least 20% of units affordable to 60% AMI households or 100% Moderate, even if the project exceeds zoning or general plan maximums. Any conditions placed on such projects cannot render the project infeasible. Gov’t Code § 65589.5(d)(1) & (5)(B)

3. By-right approval of housing developments that comply with standards listed in the housing programs for rezoning and for which 49% of the housing units are affordable for very low, low-, and moderate-income households proposed on a site required to be rezoned. Gov’t Code § 65583(g)

4. Legal action by any interested party to enforce programs of the housing element authorized under Code of Civil Procedure § 1085. Gov’t Code §§ 65583(h), 65587(b)

5. HCD notification to the Attorney General and potential judicial action to force substantial compliance plus fines in the amount of $10,000 per month, not to

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exceed $100,000 per month, plus continuing court jurisdiction. Gov’t Code § 65583(j, k, l)
If Council directs staff to transmit the draft redline revisions to HCD, HCD would have up to 60 days to review the draft redlines and provide written comments to the City. As noted in this report, staff’s goal is to receive a “draft in compliance” letter from HCD on the attached draft redlines, which would provide a path forward for the City Council to adopt a revised compliant Housing Element. However, the primary schedule driver for Council to adopt a revised compliant Housing Element is the preparation of additional environmental analysis, which is not anticipated to be complete until September. The following represents a potential schedule for next steps through the Fall should HCD determine that the draft redlines are in compliance with Housing Element law:
• July 2022 – transmit draft redline revisions to HCD
• July-September 2022 – HCD timeframe to provide written comments on draft redline revisions. Additional environmental analysis underway. Should HCD letter on draft redline revisions be received relatively quickly, staff could return to working on Housing Element first phase implementation (i.e., zoning changes) that was underway with Planning Commission in February 2022. • September/before October 15, 2022 – Council adopts both Housing Element and first phase implementation together (i.e., zoning changes) Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.

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Prepared By: Jing Yeo, Planning Manager
Approved Forwarded to Council
Attachments:

A. HCD Comments on Adopted 6th Cycle Housing Element February 8, 2022 B. Attachment B - Summary of City Responses to HCD Comments C. Housing Element (Chapters 1-5) Redline June 2022
D. Appendix E Constraints Redline June 2022
E. Appendix F SSI Report Redline June 2022
F. Appendix F SSI Table Redline June 2022
G. Housing Element (Chapters 1-5) Clean June 2022
H. Appendix E Constraints Clean June 2022
I. Appendix F SSI Report Clean June 2022
J. Appendix F SSI Table Clean June 2022
K. October 12, 2021 City Council Meeting
L. March 15, 2022 City Council Meeting
M. April 26, 2022 City Council Meeting
N. February 2, 2022 Planning Commission Meeting
O. June 15, 2022 Planning Commission Meeting
P. Written Comments
Q. PowerPoint Presentation

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

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
August 30, 2021
Jing Yeo, Planning Manager
Community Development Department
City of Santa Monica
1685 Main Street – Mail Stop 28
Santa Monica, CA 90401
Dear Jing Yeo:

RE: Review of the City of Santa Monica’s 6th Cycle (2021-2029) Draft Housing Element Thank you for submitting the City of Santa Monica’s (City) draft housing element received for review on July 1, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a telephone conversation on August 24, 2021 with you, Rachel Kwok, George Cardona, David Martin, Heidi von Tongeln, and the City’s consultant John Douglas. In addition, HCD considered comments from Abundant Housing LA, the California Department of Fish and Wildlife, the Santa Monica Housing Council, Jason Mastbaum, Tieira Ryder, Brad Ewing, Matthew Millen, Adam Buchbinder, Ann Paulson, Matthew Stevens, Ken Kutcher, Lee Kaplan, and Haley Feng, pursuant to Government Code section 65585, subdivision (c).

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

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

To remain on an eight-year planning cycle, the City must adopt its housing element within 120 calendar days from the statutory due date of October 15, 2021 for Southern California Association of Government (SCAG) localities. If adopted after this date, Government Code section 65588, subdivision (e)(4), requires the housing element be revised every four years until adopting at least two consecutive revisions by the statutory deadline. For more information on housing element adoption requirements, please visit HCD’s website at: http://www.hcd.ca.gov/community-development/housingelement/housing-element-memos/docs/sb375_final100413.pdf.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element

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Attachment: HCD Comments on Adopted 6th Cycle Housing Element February 8, 2022 (4856 : Housing Element Draft Revisions in Response to Jing Yeo, Planning Manager

Page 2 ends

process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.

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

We appreciate your hard work and the diligent effort and cooperation of the entire housing element update team. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact John Buettner, of our staff, at [email protected].

Sincerely,
Shannan West
Land Use & Planning Unit Chief
Enclosure

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Attachment: HCD Comments on Adopted 6th Cycle Housing Element February 8, 2022 (4856 : Housing Element Draft Revisions in Response to Review of the City of Santa Monica’s 6th Cycle Draft Housing Element Page 1 August 30, 2021

APPENDIX

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

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

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

A. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Fair Housing Enforcement and Outreach: While the element provides an analysis for Affirmatively Furthering Fair Housing (AFFH) beginning on page 27, it generally does not address the requirement to provide an Assessment of Fair Housing (AFH) within the City. The element must include the City’s ability to provide enforcement and outreach capacity which can consist of actions such as the City’s ability to investigate complaints, obtain remedies, or the City’s ability to engage in fair housing testing.

Additionally, the analysis must also describe compliance with existing fair housing laws and regulations and include information on fair housing outreach capacity. For further guidance, please visit HCD’s AFFH in California webpage at https://www.hcd.ca.gov/community-development/affh/index.shtml.

Integration and Segregation: The element includes data and analysis on integration and segregation by race and income. However, the element must also analyze segregation and integration by familial status and persons with disabilities.

Areas of Concentrated Poverty and Affluence: The element includes information relative to Racially and Ethnically Concentrated Areas of Poverty (R/ECAP) but should also address concentrated areas of affluence. The combination of the R/ECAP and areas of affluence analyses will help guide goals and actions to address fair housing issues. The analysis should evaluate the patterns and changes over time at a local (e.g., neighborhood to neighborhood) and regional level (e.g., city to region).

Disproportionate Housing Needs including Displacement Risk: The element includes an adequate analysis regarding displacement risk. Additionally, the element should analyze the trends and patterns for overpayment (i.e. cost burden), overcrowding, substandard housing conditions, and persons experiencing homelessness.

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Attachment: HCD Comments on Adopted 6th Cycle Housing Element February 8, 2022 (4856 : Housing Element Draft Revisions in Response to Review of the City of Santa Monica’s 6th Cycle Draft Housing Element Page 2 August 30, 2021
Local Data and Knowledge, and Other Relevant Factors: The element must include local data, knowledge, and other relevant factors to discuss and analyze any unique attributes about the City related to fair housing issues. The element should complement federal, state, and regional data with local data and knowledge where appropriate to capture emerging trends and issues, including utilizing knowledge from local and regional advocates and service providers. Also, the element includes meaningful analysis related to historical practices but should also discuss past, present and future investment practices and other information as appropriate.

Sites Inventory: The element includes a general conclusion of the site inventory relative to access to opportunity. However, the element should address all components of the AFFH (e.g., segregation and integration and disproportionate housing needs, including displacement). The analysis should also address sites for all income groups separately (e.g., lower, moderate and above moderate), whether conditions are improved or exacerbated and any isolation of the lower-income regional housing needs allocation.

Goals, Priorities, Metrics, and Milestones: The element must be revised to add or modify goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Currently, the element identifies programs to promote and conserve affordable housing; however, most of these programs do not appear to facilitate any meaningful change nor address affirmatively furthering fair housing requirements. Actions must have metrics and milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection.

2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
Extremely Low-Income (ELI) Households: The element includes quantification of ELI households but must also identify projected housing needs. The projected housing need for ELI households can be calculated by using available census data to determine the number of very low-income households that qualify as ELI households or presume that 50 percent of the regional housing need allocation (RHNA) for very lowincome households qualify as ELI households. Additionally, given the unique and disproportionate needs of ELI households, the element should expand its analysis to better formulate policies and programs. For example, the element could analyze tenure, cost burden, overcrowding and other household characteristics then examine the availability of resources to determine gaps in housing needs. For additional information, see the Building Blocks at http://www.hcd.ca.gov/communitydevelopment/building-blocks/housing-needs/extremely-low-income-housingneeds.shtml.

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Attachment: HCD Comments on Adopted 6th Cycle Housing Element February 8, 2022 (4856 : Housing Element Draft Revisions in Response to Review of the City of Santa Monica’s 6th Cycle Draft Housing Element Page 3 August 30, 2021

3. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Housing Stock Condition: The element identifies the age of the housing stock and provides basic ACS data on substandard conditions (beginning on page B-17).

However, it must also include analysis of the condition of the existing housing stock and estimate the number of units in need of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable organizations. For additional information, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/housingneeds/housing-stock-characteristics.shtml.

4. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Progress in Meeting the RHNA: The City’s RHNA may be reduced by the number of new units built since July 1, 2021. The element indicates (p. F-9) 1,670 approved and 756 pending units (before applying a 10 percent reduction) toward the RHNA but must also demonstrate the affordability of the units. Specifically, the element must assign these units to the various income groups based on actual or anticipated sales price or rent level of the units or other mechanisms ensuring affordability (e.g., deedrestrictions) and demonstrate their availability in the planning period.

Realistic Capacity: The element must include an estimate of the number of units that can be accommodated on each site in the inventory. The estimate may rely on established minimum density standards or include analysis demonstrating how the number of units for each site was determined. The estimate of the number of units accounts for land use controls and sites improvements however does not support assuming maximum floor areas for every site. The element should include additional and clear supporting information on typical densities of existing or approved residential developments at a similar affordability level. For example, the element could clearly list recent projects, the zone, acreage, built density, allowable density or floor areas, level of affordability and presence of exceptions such as a density bonus.

In addition, the element appears to assume residential development on sites with zoning that allow 100 percent nonresidential uses. The element must account for the likelihood of nonresidential uses. For example, the element could analyze all development activity in these nonresidential zones, how often residential development occurs and adjust residential capacity calculation, policies, and program accordingly.

The element should include analysis based on factors such as development trends, performance standards or other relevant factors. For additional information, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/siteinventory-analysis/analysis-of-sites-and-zoning.shtml#zoning.

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Attachment: HCD Comments on Adopted 6th Cycle Housing Element February 8, 2022 (4856 : Housing Element Draft Revisions in Response to Review of the City of Santa Monica’s 6th Cycle Draft Housing Element Page 4 August 30, 2021
Suitability of Nonvacant Sites: The element does not adequately address this requirement. The element must include an analysis to demonstrate the potential for additional development within the planning period. The analysis shall consider factors including, the extent to which existing uses may constitute an impediment to additional residential development, the City’s past experience with converting existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites. For example:
• the element should discuss recent redevelopment trends and how those trends relate to identified sites and categories (p. F-2) in the planning period; • denote the site categories in the inventory, including whether the site is a high potential site;
• discuss why some approved and pending projects do not have high potential and any impacts on their development in the planning period; • describe recent experience with developing some of the site categories and relate those characteristics to the inventory;
• identify all sites in the inventory with known development interest, expiring leases or other indicators of turnover in ownership that may lead to development;
• support the use of factors such as age of structure and assessor value ratio and reflect those values on a parcel basis; and
• include additional analysis demonstrating the potential for redevelopment in each of the categories
In addition, for your information, the element relies on nonvacant sites to accommodate 50 percent or more of the housing needs for lower-income households, which triggers requirements to make findings based on substantial evidence that the existing use is not an impediment and will likely discontinue in the planning period.

Finally, the element identifies sites with existing residential uses. Absent a replacement housing policy, these sites are not adequate sites to accommodate lower-income households. The replacement housing policy has the same requirements as set forth in Government Code section 65915, subdivision (c)(3). The housing element must be revised to include analysis, if necessary and a program.

City-Owned Sites: The element must include additional discussion on each of the Cityowned sites identified to accommodate the RHNA. Specifically, the analysis should address general plan designations, allowable densities, support for residential capacity assumptions, existing uses and any known conditions that preclude development in the planning period and the potential schedule for development. If zoning does not currently allow residential uses at appropriate densities, then the element must include programs to rezone sites pursuant to Government Code section 65583.2, subdivisions (h) and (i).

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Attachment: HCD Comments on Adopted 6th Cycle Housing Element February 8, 2022 (4856 : Housing Element Draft Revisions in Response to Review of the City of Santa Monica’s 6th Cycle Draft Housing Element Page 5 August 30, 2021
Zoning Appropriate for Lower-Income Households: The element must demonstrate densities appropriate to accommodate housing for lower-income households. For communities with densities that meet specific standards (at least 30 units per acre for Santa Monica), no analysis is required. (Gov. Code, § 65583.2, subd. (c)(3).) Otherwise, an analysis must demonstrate appropriate densities based on factors such as market demand, financial feasibility and development experience within identified zones. The element states (page F-13) that sites identified for lowerincome households can accommodate densities greater than 30 units per acre; however, the inventory assigns maximum densities less than 30 units per acre toward the lower-income RHNA. As a result, the element should explain how these sites can allow up to 30 units per acre or more (without exceptions), include analysis as described above or programs to rezone sites pursuant to Government Code section 65583.2, subdivisions (h) and (i).

Accessory Dwelling Units (ADU): ADUs may be counted toward the RHNA based on past permitted units in the prior planning period, affordability, resources and incentives and other factors. The element organizes recent ADU trends into three categories: inprogress, permits issued and completed. Based on communications, these categories are mutually exclusive; however, the element should clarify that ADUs are not counted across multiple categories. Also, while information on in-progress may be utilized to inform the potential for ADUs in the planning period, the analysis should be based on permitted ADUs and the in-progress information should be ancillary to permitted ADU.

Finally, for your information, HCD records indicate permitted ADUs of 20 in 2018, 30 in 2019 and 27 in 2020. These numbers are significantly less than the City’s assumptions. The element should reconcile these numbers and adjust assumptions as appropriate
Small Sites: Sites smaller than a half-acre in size are deemed inadequate to accommodate housing for lower-income housing unless it is demonstrated that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower-income housing units as projected for the site or unless the housing element describes other evidence the site is adequate to accommodate lower income housing. While the element lists some recent development on smaller sites, it should relate these trends to identified sites. For example, almost all of the recent developments, particularly developments 100% affordable to lower-income households, had at least 30 units but the element should also discuss typical sizes on identified sites. This analysis should also relate zoning and allowable densities from recent projects to identified sites. Further, many sites appear to necessitate consolidation. As a result, the element should demonstrate the potential for consolidation. Based on the outcomes of the analysis, the sites inventory should be adjusted as needed and programs should be added or modified.

Infrastructure: The element should clarify sufficient existing and planned total infrastructure capacity (water and sewer) to accommodate the RHNA and include programs, if appropriate.

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Water Sewer Priority: Water and sewer service providers must establish specific procedures to grant priority water and sewer service to developments with units affordable to lower-income households. (Gov. Code, § 65589.7.) Local governments are required to immediately deliver the housing element to water and sewer service providers. The element should discuss compliance with this requirement and if necessary, add or modify programs to establish a written procedure by a date early in the planning period. For additional information and sample cover memo, see the Building Blocks at http://www.hcd.ca.gov/community-development/buildingblocks/other-requirements/priority-for-water-sewer.shtml.

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

Sites with Zoning for a Variety of Housing Types:
• Emergency Shelters: The element must demonstrate the BTV, MUC, and PL zones have sufficient capacity to accommodate the need for emergency shelters. This analysis should address typical parcel sizes, opportunities for redevelopment or reuse, proximity to transit, services and hazards. In addition, the element should describe how emergency shelter parking requirements comply with AB 139 (Chapter 335, Statutes of 2019) or include a program to comply with this requirement.
• Permanent Supportive Housing: Supportive housing shall be a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses pursuant to Government Code section 65651. The element must demonstrate compliance with this requirement and include programs as appropriate.
• Employee Housing: The element must demonstrate zoning is consistent with the Employee Housing Act (Health and Safety Code, § 17000 et seq.) or add or modify programs. Specifically, section 17021.5 requires employee housing for six or fewer employees to be treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone. • Accessory Dwelling Units (ADUs): The element indicates the City modified its zoning code to ease barriers to the development of ADUs. However, after a cursory review of the City’s ordinance, the department discovered several areas which were not consistent with State ADU Law. This includes, but is not limited to, standards for ADUs and JADUs established by converting floor areas of existing structures, as found in section 9.35.025. HCD will provide a complete listing of ADU noncompliance issues under a separate cover. As a result, the element should add a program to update the City’s ADU ordinance to comply with State law. For more information, please consult HCD’s ADU Guidebook, published in December 2020, which provides detailed information on new state requirements surrounding ADU

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development; see link: https://www.hcd.ca.gov/policyresearch/docs/adu_december_2020_handbook.pdf. Please also note that any applications for an ADU / Junior Accessory Dwelling Unit (JADU) permit must be permitted in accordance with current state law, regardless of the City’s adopted ordinance.

5. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures… (Gov. Code, § 65583, subd. (a)(5).)
Land-Use Controls: The element must identify and analyze all relevant land-use controls impacts as potential constraints on a variety of housing types. The analysis should analyze land-use controls independently and cumulatively with other land-use controls. The analysis should address any impacts on cost, supply, housing choice, affordability, timing, approval certainty and ability to achieve maximum densities and include programs to address identified constraints.

Fees and Exaction: The element must describe all required fees for single family and multifamily housing development, including planning and impact fees, and analyze their impact as potential constraints on housing supply, cost, timing and affordability. While the element identifies these fees, the City should also analyze the impacts of these fees and include programs as appropriate. For example, the element should address planning fees for conditional use permits. The element should also address the total fees for 3-Unit/Condominium developments (page E-38) and typical multifamily development. Finally, the element should evaluate the cumulative impact of fees on development costs instead of sales prices. For additional information and a sample analysis and tables, see the Building Blocks at http://www.hcd.ca.gov/communitydevelopment/building-blocks/constraints/fees-and-exactions.shtml.

Local Processing and Permit Procedures: The element describes the Development Review Permit (DRP) and Architectural Review Board (ARB) discretionary processes (pages E-43, E-44) but must also analyze impacts on housing cost, supply and approval certainty. For example, the analysis should address approval findings such as “…both compatible and relate harmoniously to surrounding sites and neighborhoods”, “…expressive of good taste, good design, and in general contributes to the image of Santa Monica as a place of beauty, creativity and individuality.”, “inferior quality” “…cause the nature of the local neighborhood or environment to materially depreciate in appearance and value.”, and “… compatible with developments on land in the general area.” Based on the findings of the additional analyses, programs may need to be added or modified to address identified constraints.

SB 35 Streamlined Ministerial Approval Process: While the element notes the City is not subject to SB 35 (Chapter 366, Statutes of 2017), conditions may change in the 6th

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cycle planning period. As a result, the element should clarify whether the City has a written procedure and if not, add or modify programs as appropriate.

Codes and Enforcement: While the element provides a general description on implementation of the building code, the element must also identify any local amendments to the building code and analyze their impact as potential constraints on housing supply and affordability
On-/Off-Site Improvements: The element describes the City may require on- and offsite improvements but should also identify and analyze the actual standards for impacts on the cost and supply of housing. For additional information and a sample analysis, see the Building Blocks at http://www.hcd.ca.gov/communitydevelopment/building-blocks/constraints/codes-and-enforcement-on-offsiteimprovement-standards.shtml.

Constraints on Housing for Persons with Disabilities: The element must include analysis of potential constraints on housing for persons with disabilities, as follows:
• Reasonable Accommodations: The element should generally describe and analyze approval findings for reasonable accommodation. • Group Homes for Seven or More Persons: The element appears to indicate that some group homes for seven or more persons are excluded from single-family zones and subject to a conditional use permit. The element should specifically analyze these constraints for impacts on housing supply and choices and approval certainty and objectivity for housing for persons with disabilities and add or modify programs as appropriate.
• Definition of a Family/Household: The element defines a Household as “One or more persons living together in a single dwelling unit, with access to and use of all common living and eating areas and all common areas and facilities for the preparation and storage of food and who maintain a single mortgage, lease, or rental agreement for all members of the household (page E-32).” The element should analyze the provision to “maintain a single mortgage, lease, or rental agreement for all members of the household”, whether this is a potential constraint on housing for persons with disabilities and add or modify programs as appropriate.

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

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Time between Approval and Building Permit: The element must analyze the length of time between receiving approval for a housing development and submittal of an application for building permits and any hinderance on the construction of a locality’s share of the regional housing need.

7. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
Farmworkers: The element states (page B-33) Santa Monica does not support the agriculture industry and there is no need for farmworkers. Farmworkers from the broader area and those employed seasonally may have housing needs. As a result, the element should at least acknowledge the housing needs of permanent and seasonal farmworkers at a county-level (e.g., USDA county-level farmworker data) and include programs as appropriate.

8. Analyze existing assisted housing developments that are eligible to change to non-lowincome housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9) through 65583(a)(9)(D).)
The element identifies certain “at-risk” projects and provides basic analysis and assessment but should also expand the list of eligible entities. Qualified entities are public and private non-profit corporations known to the City to have the legal and managerial capacity to acquire and manage at-risk units. For more information, please see https://www.hcd.ca.gov/policy-research/preserving-existing-affordablehousing.shtml.

B. Housing Programs

1. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, singleroom occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding A4, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition:

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• Shortfall of Sites: The parcel listing indicates some sites will need to be rezoned to accommodate the regional housing needs allocation. If so, program(s) must specifically commit to acreage, allowable densities and anticipated units. In addition, if necessary, to accommodate the housing needs of lower-income households, program(s) should specifically commit to rezoning pursuant to Government Code section 65583.2, subdivisions (h) and (i). • Program 1A (Streamlined Approvals for Housing Projects): This program should clarify the allowance of by-right developments for sites identified in previous cycles if the project includes at least 20 percent affordable housing pursuant to Government Code Section 65583.2.
• Replacement Housing Requirements: The housing element must include a program to provide replacement housing (Gov. Code, § 65583.2, subd. (g)(3)).

The replacement housing program must adhere to the same requirements as set forth in Government Code section 65915, subdivision (c)(3). • City-Owned Sites: Program 2B (Right of First Offer Ordinance): The program should go beyond explore and commit to establish an ordinance or some other similar mechanism. Program 2E (Affordable Housing on City-owned/Publiclyowned Land) should go beyond assessing properties and commit to steps and a schedule to facilitate development on City-owned sites. In addition, if zoning at appropriate densities is necessary, Program 2E should commit to rezoning pursuant to Government Code section 65583.2, subdivisions (h) and (i).

2. The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) Program 2F (New Affordable Housing Finance Programs): While this program commits to leveraging new sources of state, federal and philanthropic funding for special needs housing, it should go beyond exploring new financing tools and commit to pursue and assist with funding or support funding applications on a regular basis (e.g., at least annually). In addition, the program should include regular outreach (e.g., at least annually) to developers of affordable housing and explicit commitment to assist in the development of housing affordable extremely low-income (ELI) households. Program actions could include prioritizing some funding for housing developments affordable to ELI households and offering financial incentives or regulatory concessions to encourage the development of housing types, such as multifamily, single-room occupancy (SRO) units, to address the identified housing needs for ELI households.

For additional information, see the Building Blocks at
http://www.hcd.ca.gov/community-development/building-blocks/housingneeds/extremely-low-income-housing-needs.shtml.

3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)

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As noted in Findings A5 and A6, the element requires a complete analysis of potential governmental and non-governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. In addition:
• Program 1B (Streamline the Architectural Review): While the program commits to adopt new streamlining procedures, it should include specific commitments to address identified constraints such as approval findings as noted in Finding A5. • Program 1D (Explore Reducing or Eliminating Parking Requirements): In addition to exploring changes to parking requirements, the program should commit to actual modifications of parking requirements.

4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding A1, the element requires a complete analysis of AFFH. Depending upon the results of that analysis, the City may need to revise or add programs to affirmatively further fair housing. In addition, Program 4D (Rezoning Selected Portions of R1 Zone Neighborhoods) notes historical practices have perpetuated segregation and hinder fair access to housing. As a result, the program should go well beyond exploring options and must commit to meaningful and sufficient actions to overcome patterns of segregation and foster inclusive communities. These actions should not be limited by the regional housing needs allocation and must include metrics and milestones as noted under Finding A1.

5. The housing program shall preserve for low-income household the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. (Gov. Code, § 65583, subd. (c)(6).)
Program 3C: Facilitate the Conservation of Restricted and Non-Restricted At-Risk Housing: This program commits the City to annual monitoring of its affordable housing stock at-risk of conversion to market rate. The program should be revised to commit the City to noticing residents and owners of potential conversion dates, coordinating with qualified entities for potential purchase, and to seek funding assistance specifically for these type projects.

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C. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
The element provides a summary of quantified objectives starting on page 95 of the policy document. These objectives include new construction and rehabilitation but must also include conservation objectives by income group. Conservation objectives may include the variety of strategies employed by the City to promote tenant stability and the preservation of units at-risk of conversion to market rate uses. In addition, the element includes rehabilitation objectives for approximately 58 units in the 8-year planning period, and HCD encourages the City to reconsider increasing these objectives.

D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(8).) The element describes the City took a two-part approach to public participation: (1) outreach meetings and (2) inter-department collaboration. Based on communications between HCD and the City, public participation was much broader to include all economic segments of the community. The element should describe these efforts, results and how comments were incorporated into the element.

E. Consistency with General Plan
The Housing Element shall describe the means by which consistency will be achieved with other general plan elements and community goals. (Gov. Code, § 65583, subd. (c)(7).) For your information, some General Plan element updates are triggered by housing element adoption. For example, a jurisdiction must address environmental justice in its General Plan by the adoption of an environmental justice element, or by the integration of environmental justice goals, policies, and objectives into other General Plan elements upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018. (Gov. Code, § 65302, subd. (h).) In addition, the safety and conservation elements of the General Plan must include analysis and policies regarding fire and flood hazard management and be revised upon each housing element revision. (Gov. Code, § 65302, subd. (g).) Also, the land-use element must identify and analyze disadvantaged communities (unincorporated island or fringe communities within spheres of influence areas or isolated long established legacy communities) on, or before, the housing element’s adoption due date. (Gov. Code, § 65302.10, subd. (b).) HCD reminds the City to consider these timing provisions. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at: http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and http://opr.ca.gov/docs/Final_6.26.15.pdf.

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1 HOUSING ELEMENT 2021-2029 SUMMARY OF RESPONSES TO HCD COMMENTS This table contains corrections, clarifications, and changes to the published text of the 6th Cycle Housing Element and represents changes in response to HCD’s comments. The proposed corrections, clarifications, and changes to the Housing Element Update are listed with their locations and their corrections. There may be errors, clarifications and changes that carry over to multiple areas within the plan, all of which will be addressed and amended.

Change
No.

Page
Number
Summary of Change Recommended Redline

1. 91 Addresses HCD
Comment.

Provided additional
background on past
development on CityOwned Sites
The City has worked to overcome these barriers over the past 40 years by supporting 100% affordable housing on city-owned land resulting in the production of 770 units of affordable housing. The long-term affordability of these units has been guaranteed through recorded deed restrictions or in the case of property sale, the City has negotiated for right of first option to purchase for a low, fixed amount in the event of future sale. As such the City has a demonstrated history of continuously leveraged public land to produce affordable housing for the benefit of the community.

2. 108 Addresses HCD
comment.

SSI: Provide
background on local
data and knowledge
used to develop SSI.

To prepare the SSI, the City’s land use inventory was comprehensively reviewed to identify sites that are available for housing development within the Housing Element planning period, 2021-2029. The SSI process utilizes the Land Use Inventory to first identify which parcels are available for redevelopment based on zoning, general characteristics such as historic and land use designations, and market factors. City staff then further evaluated the sites individually using Google Streetview or site visits and assigned a potential redevelopment rating of “high, medium high, medium, or low” based on site-specific factors such as existing use, physical attributes, ownership, and other local knowledge by City Staff. Sites that were rated as “high” comprise the SSI. Following this process of identifying high potential SSI sites, the City applied development standards to the available sites to calculate housing capacity. The City then conducted a spot-check of individual parcels against current and past projects to confirm that the unit calculations resulted in realistic capacity. The City focused the inventory to underutilized commercial sites since these sites are most likely to be redeveloped based on evidence of past development trends. Based on the assessment of sites using the above factors and methodology, there are 138 parcels that have approved and pending projects for residential development and 180 non-vacant commercial/mixed use zoned parcels in the City identified to have high potential for residential redevelopment. In addition, 22 residentially zoned sites that are developed as parking lots have been identified as having high potential

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to be redeveloped for housing. Approximately 332 340 sites have been identified that have the highest potential to accommodate housing. These are shown on Map 4-1. Sites may be viewed interactively on the City’s Housing Element Update webpage at:
https://www.santamonica.gov/housing-element-update. The sites in the SSI are categorized according to Figure 4-2.

3. 110 Technical Revision:

Updated
Approved/Pending
Projects
The City has a significant number of housing projects in the pipeline that if constructed will count toward the City’s 6th Cycle RHNA. As of February 2021May 2022, there were approximately 1,6702,594 approved units (of which 401 637 are affordable) and 756 2,550 pending units on 108 13 parcels. The list of approved and pending projects is provided in Appendix F. A review of the past 5th Cycle Housing Element shows that 10% of approved and pending projects were withdrawn and/or have had permit approvals expire. It is not possible for City staff to predict how many and which specific approved and pending projects could be withdrawn or ultimately not developed. Doing so would be arbitrary and speculative.

Therefore, a 10% discount factor was applied to the current number of approved and pending units to allow for the possibility that some projects may never proceed to construction. This results in 1,5032,205 approved units and 680 2,168 pending units that are projected to count towards the 6th Cycle Housing Element.

4. 111 Technical Revision:

City Owned Sites
The City-owned sites in the SSI are: Public Parking lots 7, 8, and 12, Parking Structure 3, 4th & Arizona, Bergamot Arts Center, and Main Street parking lots. With consideration to existing constraints (such as lease terms, financial resources, etc.), City-owned sites have the potential for accommodating 1,884 880 units. Program 2.E commits the City to plan for a minimum of 1,884 880 affordable housing units across available City-owned sites, which may include but shall not be limited to rezoning actions.

5. 111 Technical Revision:

Community Assembly
Sites
Community Assembly Sites (including Religious Congregations)

6. 112 Technical Revisions:

SSI
With the programs identified in this Housing Element, the sites identified for the SSI combined with anticipated ADU production has the capacity to accommodate at least 11,07013,600 units providing a 24 53 percent buffer above the City’s RHNA of 8,895 units.

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This number is based on the application of new development standards for housing projects as established in Programs 1.F and 1.J. The buffer accounts for the likelihood that not all identified SSI sites may be necessarily developed by a property owner for housing.

Approximately 150 additional units could be added to the total capacity if housing projects on these sites provided on-site affordable housing, rather than off-site. The land inventory includes capacity for 2,444 521 extremely low, 2,3982,819 very low income, 2,542,703 low income, and 1,7841,901 moderate income units. Figure 4-3 breaks down the summary of the SSI capacity based on category and income levels.

Total
Capacity Capacity for Affordable Units
# Units
# Affordable
Units ELI VLI LI Moderate
Category 1
Approved
2,205 1,503 637 416 127 104 177 104 185104 148 104
Category 1
Pending
2,168 680 420 165 24 42 321 42 3442 41 42
Category 4
City Sites
1,880 1,884 1,880 1,884 627 628 627 628 627 628 - -
Category 11
Religious
Sites
257 257 130 129 32 32 32 32 32 32 34 32
Category 12
Parking Lots
96 105 9 53 - 13 - 13 9 13 - 13
All
Remaining
Categories
6,6196,289 6,6196,289 1,6551,572 1,6551,572 1,6551,572 1,6551,572 ADUs
376 352 249 232 56 53 8 7 162 151 23 21
Total 13,600
11,070
9,944 9,168 2,521 2,444
2,8192,398
2,7032,542 1,9011,784
RHNA
Targets
8,895 8,895 6,168 6,168 1,397 1,397 1,397
1,397
1,672 1,672 1,702
1,702
Buffer +4,705+2,175
+
3,776+3,000 +1,124+1,047
+
1,422+1,001
+ 1,031+870 +199+82
2453%

7. 114 Technical Revisions:

Past Permitted ADUs
Building Permit
Year
PermitS Issued Total
2018 2354 56

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2019 6051 83
2020 4127 115
2021 2102 27
TOTAL 226134 281
Average
2018-20201
(23+60_41+102) 54+51+27)/34
= 4456.5 units per year
Source: Building permit data as of June 1, 2021May 31, 2022 Each ADU building permit is only accounted for once across all years.

Updated Map 4-2 to reflect updated ADU data.

8. 116 Technical Revision:

Forecasted ADU
Development
As shown in the above table, based on ADU building permit data between 2018 and 20201, Santa Monica averagesd 4456 ADUs per year. However, given that 36 of the ADUs (approximately 16%) were located on parcels with existing multi-unit dwellings, which are less typical applicants for ADUs, the average annual production estimate has been reduced by 16% to approximately 47 ADUs per year. Therefore, Using this average production number, it can be expected that over the next eight-year Housing Element cycle, approximately 352376 ADUs will be built and can be used towards our RHNA. This estimate is conservative, as it accounts for a potential progressive decline in available land for ADU within single-unit zones. As noted, Tthis forecast also does not account for possible future interest in ADUs to be incorporated into existing multiple-unit residential and mixed-use developments, which the City has only just started seeing very recently as the new law permitting this only took effect January 1, 2020.

Income Level Percent of ADUsa Projected # of ADUs
Extremely Low Income 15% 5653
Very Low 2% 78
Low 43% 162151
Moderate 6% 2321
Above Moderate 34% 128120 a Based on SCAG Survey of ADU Affordability

9. 19 & 121 Program 1.A:

Elaborate on
Streamlined Approvals
… The by-right process for housing projects is intended to achieve the RHNA target and at minimum, the Quantified Objectives established in this Housing Element. ...

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The City shall also continue to facilitate consolidation of sites for housing projects by processing administrative lot tie agreements as part of the plan check process.

March 31, 2022October 15, 2022

10. 20, 123, &
E-55
Program 1.B : Evaluate
ARB approval findings
for impacts on housing
production.
…. The City shall review approval findings for design review and establish procedures or other mechanisms to promote approval certainty. The amendments shall also be clear that design review cannot be used to reduce density or deny a housing project. Additionally, the City shall develop objective design standards for applicable housing projects, which will also be used to ensure consistency anticipating compliance with SB35 for applicable housing projects.

Objective Design Standards by June 30, 2023; Process streamlining by October 15, 2022September 30, 2022
This includes expansions to the staff-level approvals, shifting the design review process to occur before or be concurrent with entitlement review, placing time and hearing limits on projects, review and establish mechanisms to promote approval certainty, and developing objective design standards.

11. 20 & 124 Program 1.C: Timing
Revision
August 1, 20222023

12. 20 & 125 Program 1.D: Timing
Revision.

August 1, 2022October 15, 2022

13. 20 & 126 Program 1.E: Technical
Revision.

By June 30, 2023

14. 21 & 127 Addresses HCD
comment.

Program 1.F: Specific
commitment to
change development
standards. Inserted
development
The City’s assumptions of feasibility and the City’s SSI are based on the results of a feasibility analysis prepared by HR&A dated June 9, 2021 and February 2, 2022. Based on the results of the feasibility analysis, the feasible FARs for housing projects range from a minimum 2.75 to 4.0 with heights ranging from 55 feet to 84 feet. The City reserves the right to adjust these heights and FARs up or down. Any changes will promote housing and ensure feasibility and that overall unit capacity assumed in the site inventory is met, including income category, and will be no lower than the minimum FAR and height shown in

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standards table.

Timing revision.
the table below. existing allowable height and FAR as of October 13, 2021. The off-site affordability requirement will be greater than the on-site requirement.

In addition to FAR and height, the City shall review and modify as appropriate all standards and regulations that may be considered a constraint to housing including but not limited to development impact fees, unit mix, and designs standards… Zoning
District
Approx.

Acres to
be
Rezoned
Current
Tier 1
FAR
/Height
Minimum
Tier 1 FAR
/Height
with
Rezoning
Current
Tier 2
FAR/Height
Minimum
Tier 2
FAR/Height
with
Rezoning
Current
Tier 3
FAR/Height
Minimum
Tier 3
FAR/Height
with
Rezoning
LT (East) 12 1.50/ 39
ft

2.75/ 60
ft 2.25/ 50 ft 3.0/ 65 ft - -
LT (West) 11 1.50/ 39
ft

2.75/ 60
ft 2.75/ 60 ft 3.0/ 65 ft - -
NV 31 2.25/
39 ft

2.75/ 60
ft 3.50/ 60 ft 3.50/ 70 ft - 4.0/ 84 ft
BC
(Promenade) 12 2.25/ 39 ft

2.75/ 60
ft 2.75/ 60 ft 3.0/ 65 ft - -
BC (2nd/4th) 25 2.25/
39 ft

2.75/ 60
ft 3.50/ 60 ft 3.50/ 70 ft - -
TA 52 2.25/
39 ft

2.75/60
ft 3.50/ 60 ft 3.50/ 70 ft 4.0/ 84 ft 4.0/ 84 ft
OT 15 2.25/
39 ft

2.75/60
ft 2.75/ 60 ft 3.0/ 65 ft - -
WT 6 1.50/ 39
ft

2.75/60
ft 2.25/ 50 ft 3.0/ 65 ft - -
March 31, 2022October 15, 2022

15. 22 & 129 Addresses HCD
comment.

Program 1.G : Include
goals, priorities,
metrics, and
The City shall develop an Accessory Dwelling Unit Accelerator Program that will simplify the ADU process by providing property owners interested in constructing ADUs throughout all neighborhoods…

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milestones. Timing
revision. The program will further streamline the City’s ADU permitting review process with the aim of issuing building permits for an average of 47 ADUs/year.

December 31, 2022June 30, 2023

16. 22 & 129 Addresses HCD
comment.

Program 1.H: Stronger
language to commit to
zoning. Timing
revision.

As an alternative to constructing new housing, the City shall amend the Zoning Ordinance to encourage and incentivize the adaptive reuse of existing commercial tenant spaces citywide, for permanent residential use and also allow anadaptive reuse of existing ground floor commercial space for artists and live-work use. The City shall also adopt policy and zoning changes to Changes to incentivize the conversion of existing commercial tenant space to residential use include but are limited to, such as relaxing minimum parking requirements, unit mix, open space, and other typical zoning or building code requirements.

December 31, 20232024

17. 22 & 130 Timing Revision:

Program 1.I
December 31, 20232024

18. 22 & 131 Addresses HCD
comment.

Program 1.J: Specific
commitment to
change development
standards. Inserted
development
standards table.

Timing revision.

The City shall amend the Zoning Ordinance, LUCE, and the Bergamot Area Plan (BAP) to increase FAR and height standards throughout the city’s non-residential zoning districts (other than Downtown which is addressed in Program 1.F) to levels that can support feasible housing projects. The City’s assumptions of feasibility and the City’s SSI are based on the results of a feasibility analysis prepared by HR&A dated June 9, 2021 and February 2, 2022. Based on the results of the feasibility analysis, the feasible FARs for housing projects range from a minimum 2.002.75 to 3.25 with heights ranging from 55 feet to 65 feet. The City reserves the right to adjust these heights and FARs up or down. Any changes will ensure feasibility promote housing to ensure and that overall unit capacity assumed in the site inventory is met, including income category, and will be no lower than minimum FAR and height shown in the tables below. existing allowable height and FAR as of October 13, 2021. The off-site affordability requirement will be greater than the on-site requirement.

Zoning
District
# Acres to
be
Rezoned
Current
Tier 1
FAR/Height
Current Tier
2 FAR/Height
Minimum
FAR/Height
with
Rezoning
MUBL – N of
I-10 107 1.50/ 36 ft 1.75/ 36 ft 3.25/ 70 ft

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MUBL – Pico 15 1.50/ 36 ft 1.75/ 36 ft 2.00/ 45 ft
MUBL – Pico
(West of
Lincoln)
4 1.50/ 36 ft 1.75/ 36 ft 2.50/ 55 ft
MUBL – Main
St 10 1.50/ 36 ft 1.75/ 36 ft 2.50/ 55 ft
MUBL -
Lincoln 107 1.50/ 36 ft 1.75/ 36 ft 2.50/ 55 ft
MUB 59 1.50/ 39 ft 2.25/ 50 ft 3.25/ 70 ft
GC (SMB) 24 1.25/ - 1.50/ 35 ft 3.25/ 70 ft
GC (Lincoln) 19 1.50/ 36 ft 2.00/ 36 ft 2.50/ 55 ft
GC (Pico) 4 1.50/ 36 ft 2.00/ 36 ft 2.00/ 45 ft
NC 27 1.50/ 32 ft N/A 2.25/ 50 ft
NC (Main) 14 1.00/ 27 ft N/A 2.50/ 55 ft
NC (Ocean
Park) 15 1.00/ 32 ft N/A 2.50/ 55 ft
NC
(Montana) 15 1.00/ 32 ft N/A 2.50/ 55 ft
IC 77 N/A N/A 3.00/ 65 ft
OC 88 N/A N/A 2.75/ 60 ft
HMU 39 1.50/ 45 ft 2.50/ 70 ft 2.50/ 70 ft
Bergamot
Area
# Acres
to be
Rezoned
Current
Tier 1
FAR/Height
Current
Tier 2
FAR/Height
Current
Tier 3
FAR/Height
Minimum
FAR/Height
with
Rezoning
BTV 35 1.75/ 32 ft 2.00/ 60 ft 2.50/ 75 ft 4.0/ 84 ft
MUC – North
of
Pennsylvania
Avenue
parcel line
between
Stewart and
Stanford:

South of
Expo Bike
Path
31 1.50/ 32 ft 1.70/ 47 ft 2.20/ 57 ft 3.25/ 70 ft

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MUC -
remainder 31 1.50/ 32 ft 1.70/ 47 ft 2.20/ 57 ft 4.0/ 84 ft CCS 8 1.50/ 32 ft N/A N/A 2.50/ 55 ft
CAC 17 1.00/ 32 ft 1.00/ 60 ft 1.00/ 75 ft 2.50/ 55 ft
In addition to FAR and height, the City shall review and modify as appropriate all standards and regulations that may be considered a constraint to housing production… March 31October 15, 2022

19. 24 & 133 Addresses HCD
comment.

Program 1.K: Commit
to adequate densities,
acreage, and
requirements of Gov.
code 65583.2. Timing
revision.

To accommodate the City’s lower-income RHNA shortfall, the City shall make amendments to the Land Use and Circulation Element (LUCE), Downtown Community Plan (DCP), Bergamot Area Plan (BAP) and Zoning Ordinance, as necessary, to create the opportunity for 1,880 lower income units and establish that the City-owned sites identified in the Suitable Sites Inventory meet all requirements pursuant to Government Code Section 65583.2(h) and (i) including but not limited to allowing are allowed 100 percent residential use and require requiring residential use to occupy at least 50 percent of the floor area. Additionally, while not required to meet the shortfall of lower-income units, the Zoning Ordinance shall be amended to specify additional mixed-used zoning districts that shall be allowed 100 percent residential uses. To ensure that the City comply with SB 166 (No Net Loss), the City will monitor new residential and mixed use project applications to ensure an adequate inventory is available to meet the City’s RHNA obligations.

August 1, 2022June 30, 2023

20. 25 & 134 Addresses HCD
comment.

Program 2.A: Include
goals, priorities,
metrics, and
milestones. Timing
revision.

The City shall amend the Zoning Ordinance to establish a 100% affordable housing overlay for moderate-income (up to 120% AMI) housing projects in targeted at least three areas of the City…
August 1, 2022June 30, 2023

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21. 25 & 135 Addresses HCD
comment.

Program 2.B: Include
goals, priorities,
metrics, and
milestones. Timing
revision.

Promote the use of SB1079 (2020) which created a new foreclosure sale process for 2-4 unit buildings that allows qualified parties a means to purchase property in foreclosure, subject to certain requirements. Building off this state law, Tthe City shall consider adopting a Right of First Offer Ordinance that would provide nonprofit affordable housing providers the right of first offer for a specified time period to acquire private properties outside of foreclosure as they become available for purchase. As part of this effort, the City shall prioritize the scope of properties that would most effectively achieve the goal of making non-profit housing providers more competitive in the land buying market for the purpose of preserving or producing affordable housing. Given the lack of an identified funding source to assist nonprofit affordable housing providers in purchase of multi-unit residential buildingsthrough this program, explore funding sources, including grants and loans, that would contribute to the acquisition/rehabilitation quantified objective of 40 units. Require purchasers to preserve units as permanently affordable.

December 31, 20232024

22. 26 & 135 Addresses HCD
comment.

Program 2.C: Include
goals, priorities,
metrics, and
milestones. Timing
revision.

In order to increase the number of affordable housing units at all income levelssuch that 15% of all new multi-unit residential housing units are affordable to low and moderate income households and aim to achieve the Quantified Objective for lower income households as shown in Figure 5-1, Chapter 5, the AHPP on-site and off-site option for housing projects located outside of the Downtown shall be revised to include, but not be limited to… June 30, 2022by April 30, 2023

23. 26 & 137 Program 2.D: Timing
revision.

March 31October 15, 2022

24. 27 & 138 Program 2.E: Include
goals, priorities,
metrics, and
milestones.

The City shall plan for a minimum of 1,8841,880 affordable housing units across available City-owned sites, which are located throughout the city, as shown in Figure F-6, Appendix F, which may include, but shall not be limited to, rezoning actions in the LUCE, Specific Plans, and/or Zoning Ordinance amendments. Amendments to maximize affordable housing development potential on City-owned sites, and any subsequent development of those sites will be guided through a public process, including engagement of community stakeholders.

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At least three RFPs shall be issued for city-owned sites identified on the Suitable Sites Inventory to accommodate at least 1,880 affordable units. The first An RFP for at least onea city-owned site shall be issued by June 30, 2023. Subsequently, the City shall issue an RFP by June 30, 2025, and June 30, 2027 accounting for existing constraints on city-owned sites such as existing leases as shown in Figure F-6, Appendix F. Following the regular process for production of affordable housing on city-owned land, at the conclusion of the RFP process, .

Future RFPs shall be staggered based on availability of resources.the City will select a developer partner for each city-owned site with the intent to develop each site for 100% affordable housing. The developer would negotiate a ground lease with the City, process any necessary loans through the City’s local Housing Trust Fund, and concurrently process the Planning entitlements for the project through a ministerial process. The timeframe from selection of a developer to issuance of building permits typically takes approximately 24-30 months.

As has been done in the past, the City will use a variety of tools Tto facilitate 100% affordable housing development including but not limited to:
• Facilitate appropriate zoning and process to support 100% affordable housing • Substantially reduced or free ground rent, the City will • Providing funding through local housing trust fund
• Support applications for other funding sources for affordable housing (e.g. lowincome-housing tax credits, grants, State funding, Federal funding) • Support measures that are not housing constraints to generate and allocate tax revenue for the acquisition and development of deed-restricted affordable housing Further, the City will continue to assess appropriate City-owned properties for the development of affordable housing…
An RFP to redevelop Parking Structure 3 located on the Third Street Promenade as affordable housing was issued in August 15, 2019 and a developer partner was selectedis currently pending review.

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Responsibility: Housing Division; City Planning Division; Economic Development Division

25. 28 & 140 Program 2.F: Include
goals, priorities,
metrics, and
milestones.
…. Local funding through the Housing Trust Fund will also help support the production of at least 1,880 affordable housing production units on City-owned/publicly owned land in accordance with Program 2E.

Santa Monica has been awarded a total of $10 million from the Local Housing Trust Fund (LHTF) program for the 2020 and 2021 funding rounds and is also eligible to receive an estimated $3.285 million from the first five years of the Permanent Local Housing Allocation (PLHA) entitlement program. The awarded State grants, as well as future State grants, are essential to Santa Monica’s ability to create affordable housing on City-owned land and further the goals of the City’s Housing Element.

Support measures that are not housing constraints to generate and allocate tax revenue for the acquisition and development of deed-restricted affordable housing

26. 28 & 141 Program 2.G: Include
goals, priorities,
metrics, and
milestones.

The City shall continue to utilize available financial resources and partnerships with service providers to create and retrofit existing housing for special needs households throughout the city with a target of 20 minor home repairs over the Housing Element cycle…

27. 29 & 143 Program 2.I: Commit
to revisions to
standards for
Emergency Shelters in
compliance with AB
139. Timing revision.

The City shall review and update the Zoning Ordinance and BAP, as applicable, to ensure consistency with State law as needed regarding special needs housing types and residential land use classifications as needed. Review and expected revisions will include, but are not limited to, updating parking requirements for Emergency Shelters pursuant to AB 139, the city’s definition of “household”, and land use requirements for Residential Care Facilities for seven or more persons to promote objectivity and approval certainty.

December 31, 2022 2023 and Annual Ongoing

28. 29 & 144 Program 3.A: Include
goals, priorities,
metrics, and
… and potentially expand upon the anti-displacement requirements of SB 330 to ensure that 100% of all protected units proposed to be demolished in order to construct a new housing development project are replaced.

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milestones. Timing
revision.
…the City shall amend the Zoning Ordinance to require that sites that currently have residential use, or within the past five years have had residential uses that have been vacated or demolished, that (1) are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income (approximately 1,150 deed-restricted affordable units within market-rate housing projects on private property), or (2) subject to any other form of rent or price control through a public entity's valid exercise of its police power (approximately 27,484 units)… SB 330 (effective 01/01/21 through 01/01/25) and SB 8 (extended SB330 through 01/01/30) enacted a program that establishes unit replacement requirements and tenant protections for new housing projects…
August 1, 2022June 30, 2023

29. 30 & 145 Program 3.B: Include
goals, priorities,
metrics, and
milestones.

The City shall continue to implement programs throughout the city, including tenant and landlord education/outreach through workshops that are held twice as well as regular noticing of fair housing issues…
The City will also continue to work with community partners to keep the public aware of fair housing rights and obligations (along with the now much-needed rental assistance programs), and to use enforcement of our laws to help stop housing discrimination in Santa Monica whenever it appears. such as the Legal Aid Foundation of Los Angeles …the City has developed an Housing Aanti-discrimination Discrimination ordinance (Santa Monica Municipal Code chapter 4.28), which prohibits various types of housing discrimination—such as refusal to rent, differential treatment, discriminatory statements-- on the basis of disability, age, source of income, parenthood, pregnancy, or the potential or actual occupancy of a minor child. In 2015, as an affordable housing measure, the City added Source of Income as a protected class and then added an extra layer of protection with a pioneering definition for Source of Income. For the first time in Santa Monica and in California, the fair housing law expressly protected recipients of rental assistance such as Section 8. and

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Furthermore, City has launched a 2-year pilot Right to Counsel program…

30. 30 & 146 Program 3.C: Include
goals, priorities,
metrics, and
milestones.
… The City will continue to monitor over this Housing Element cycle the status of the approximately 770 affordable, deed-restricted at-risk projects units withinthroughout the City…
… the City shall continue to report annually on research and implement strategies on conserving non-covenant residential units such as the approximately 27,000484 rentcontrolled units and naturally occurring affordable units…

31. 30 & 147 Program 3.D:

Technical Revision
As resources are available, the City shall continue to provide loan assistance to nonprofit affordable housing providers and work with providers to identify new funding sources for acquisition and rehabilitation throughout the city.

32. 30 & 147 Program 3.E: Technical
Revision
The City shall support and fund the rehabilitation of 38 multi-family units and provide 20 minor home repairs throughout the city

33. 31 & 148 Program 3.F: Include
goals, priorities,
metrics, and
milestones.

The City shall continue to respond to residential building code violation complaints throughout the city. Code Enforcement and Building and Safety Divisions will coordinate with the Housing and Human Services Division to provide information on available rehabilitation assistance to correct code deficiencies. The City shall continue to respond to residential substandard housing complaints that affect habitability (which are a Priority 1 complaint) within 1 day.

In the case of a residential building code violations that do not affect habitability, the City provides up to 30-days to correct the violation. If the work necessitates a building permit, the City provides up to 180 days to correct the violation (the life of the permit). In the case of substandard housing that affects habitability, the City requires the landlord to promptly commence the work to restore the unit(s) to a habitable condition and return tenants to their units through the Habitability Determination Form and Relocation Order and provide tenant protections (temporary relocation).

34. 31 & 149 Program 3.G: Include
goals, priorities,
metrics, and
milestones.

The City shall continue to implement the Seismic Retrofit Program pursuant to the City’s Seismic Retrofit Ordinance. The City shall aim to issue building permits for seismic retrofit throughout the city of at least 900 buildings by the end of this Housing Element Cycle.

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35. 31 & 149 Program 3.H: Include
goals, priorities,
metrics, and
milestones.

Outreach will continue to include at least one annual seminar dedicated to providing information to rental property owners on rehabilitation and maintenance of properties.

Responsibility: Housing and Human Services Division, Rent Control Board

36. 150 Program 3.I: Included
past successes in
existing program.

Under the City’s pilot program and Los Angeles County’s parallel program, StayHousedLA, LAFLA has already helped 40 Santa Monica tenants facing eviction obtain full-scope legal representation. Another 42 have received limited scope services.

37. 31 & 150 Program 3.J: Include
goals, priorities,
metrics, and
milestones.

The City shall continue to regulate condominium conversions pursuant to SMMC Section

9.24.040. The City will continue to track the City’s vacancy factor of rental units, and restrict conversions if vacancy factor is 5 percent or less of the total rental housing inventory.

Furthermore, the City will monitor removal of rental housing units from the rental housing market and provide annual data.

38. 32 & 152 Program 4.A: Include
goals, priorities,
metrics, and
milestones. Timing
revision.
… Land use regulations, FAR, and height (as indicated in Program 1.IJ) will be revised to allow housing in the three areas zones that currently do not allow housing… By August 1, 2022October 15, 2022

39. 32 & 153 Program 4.B: Technical
revision, timing
revision.
…Approximately fifteen seven parcels with religious congregations, which are classified in Santa Monica as community assembly uses,…
By August 1, 2022 June 30, 2023

40. 32 & 154 Program 4.C: Technical
revision, timing
revision.

The City shall establish programs to address historically exclusionary single-unit dwelling zones by encouraging and incentivizing the production of ADUs in single-unit residential districts in accordance with Program 4F.
by August 1, 2022June 30, 2023

41. 33 & 155 Program 4.D: Include
goals, priorities,
The program will provide priority in City-funded affordable housing and inclusionary housing for up to 100 households or descendants of households.

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metrics, and
milestones.

The program will provide priority in City-funded affordable housing and inclusionary housing for up to 100 households or descendants of households.

42. 33 & 156 NEW Program 4.E: To
Affirmatively Further
Fair Housing
PROGRAM 4.E: PROVIDE NEW HOUSING CHOICES AND AFFORDABILITY IN HIGH OPPORTUNITY AREAS THROUGH INCENTIVES FOR SB9 UNITS IN R1-ZONE

NEIGHBORHOODS
The City shall adopt a local ordinance implementing SB9, which shall establish an administrative process without any discretionary action, and shall include strong incentives to densify larger parcels in R1-Zone neighborhoods by allowing property owners on parcels of at least 10,000 sf to add ADUs as allowed under State Law in addition to SB9 projects. This will open up the possibility for property owners to construct up to 6 units through a multistep process and create more housing choices and affordability in some of the most affluent areas of the city in accordance with Program 4F.

Program Background: Historic practices like redlining and restrictive covenants have perpetuated housing segregation and hindered fair access to housing. Although the City has been a leader in encouraging diverse neighborhoods through fair housing, rent control and tenant protections, predominantly homeowner neighborhoods have accommodated very little diversity in housing types reducing housing access for even middle-income households and a large percentage of Santa Monica workers. R1-zoned neighborhoods make up approximately 35% of the land area in the city but contain 13% of the housing units in the city. In comparison, commercial zoning comprises only 7% of the City’s land area but contains 15% of the housing units in the City.

SB9, also known as the California Housing Opportunity and More Efficiency (HOME) Act, is a state bill that requires cities to allow one additional residential unit onto parcels zoned for single-unit dwellings. Allowing homeowners proposing SB9 projects to also construct ADUs, particularly on larger parcels, will increase new housing opportunities in high opportunity areas and also promote place-based strategies for community revitalization by increasing housing opportunities in all areas of Santa Monica.
• Timeframe: by June 30, 2023
• Responsibility: City Planning Division

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• Objective: Increase equitable access to all neighborhoods through small increases that may lower the barriers to housing access in high opportunity neighborhoods

43. 33 & 157 NEW Program 4.F: To
Affirmatively Further
Fair Housing
PROGRAM 4F: ESTABLISH TARGET TO INCREASE HOUSING PRODUCTION IN R1 ZONES

AND INCLUDE MID-CYCLE MONITORING
The City shall aim to issue at least 47 building permits per year for additional housing units and types in R1 zones. Review progress towards targets by December 31, 2025 and if targets are not being met, adjust land use strategies as necessary and appropriate within one year. • Timeframe: Assess progress by December 31, 2025
• Responsibility: City Planning Division
• Objective: Increase the number of net new housing units in R1 zones

44. 34 & 158 Program 5.B: Timing
revision
By December 31, 20232

45. 34 & 159 Program 6.A: Included
past successes in
existing program.

PROGRAM 6.A: ENHANCE HOUSING MOBILITY BY MAINTAINING RENTAL HOUSING

VOUCHER PROGRAMS THROUGHOUT THE CITY AND EXPAND TO ASSIST ALL PERSONS

WITH DISABILITIES
The City shall continue to operate strong rental housing voucher programs throughout the city and advocate for funding guidelines for Section 8 that are competitive for Santa Monica…
The Santa Monica Housing Authority (SMHA) administers two types of rental assistance vouchers, tenant-based and project-based, across five different federal housing programs:

Housing Choice Voucher (HCV); Continuum of Care (CoC); HOME Investment Partnerships Program (HOME); Veterans Affairs Supportive Housing (VASH), and Emergency Housing Voucher (EHV) programs. Tenant-based vouchers are allocated to specific individuals, which allow participants to choose where to lease rental housing, whereas project-based vouchers are allocated to specific properties rather than participants. In FY202120-2122, the Santa

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Monica Housing Authority (SMHA) administered approximately 1,600 rental housing vouchers, including Section 8, Continuum of Care vouchers, HOME vouchers, and Veterans Affairs Supportive Housing (VASH) vouchers. The HOME program targets rent-burdened households at-risk of becoming homeless and persons who have been homeless for at least a year. Of the 772 vouchers that were used, voucher households reside throughout Santa Monica’s multifamily neighborhoods, with no concentration in one zip code. Five properties in Santa Monica representing senior and supportive affordable housing with significant allocations of project-based vouchers are located in zip codes 90401 (Downtown), 90403 (Wilshire-Montana/Northeast) and 90405 (Ocean Park/Sunset Park) representing a total of 340 affordable housing opportunities.

Distribution of Voucher Households 2017-2021 by Santa Monica Zip Code 90401 (Downtown)
Tenant-Based
Vouchers
Project-Based
Vouchers
Total Rental
Housing Vouchers
Count 154 155 309
Percentage 31% 57% 40%
90402 (North of Montana)
Count 2 0 2
Percentage 0% 0% 0%
90403 (Wilshire-Montana/Northeast)
Count 44 102 146
Percentage 9% 37% 19%
90404 (Mid-City/Pico)
Count 178 0 178
Percentage 36% 0% 23%

46. 34 & 160 Program 6.B: Include
goals, priorities,
metrics, and
milestones. Include
past successes in
existing program.

The City shall continue to pursue and identify new funding sources that support rental assistance programs, including emergency rental assistance for individuals and households at risk of displacement throughout the city with a goal to provide emergency rental assistance to at least 100 households throughout the city over the Housing Element cycle the extent feasible.

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The City monitors the availability of Federal, State, and County funding sources to support rental assistance programs on an ongoing basis. The City also undertook eviction prevention efforts to focus on keeping residents housed during the ongoing COVID-19 pandemic. The Legal Aid Foundation of Los Angeles (LAFLA) supported residents in maintaining housing through their general legal services program, which provides eviction defense services. Since April 2021, under the City’s Right to Counsel pilot program and County’s Stay Housed LA Program, LAFLA has provided 81 tenants facing eviction with legal representation. In FY2020- 21 LAFLA’s general legal services program served 590 Santa Monica households utilizing $506,149 in Human Services Grants Program funding.

The City also created an enhanced communications campaign to inform renter residents and property owners about the State Rental Assistance program, Housing is Key, and to support with application completion. Educational efforts focus on multilingual outreach to the most vulnerable residents who may not have access to online information. Application support was provided by City staff who answered questions, ran a clinic, and connected residents with the State’s help center and established partner organizations. As of June 7, 2022, 2,207 Santa Monica households were served with an average assistance of $15,566 and $34,354,444 total funds paid.

In addition to the State Rental Assistance program, the City implemented the COVID Emergency Rental Assistance Program (ERAP) using $2,549,979 in federal Community Development Block Grant funds (CDBG) and General Funds of $251,535 to provide three months’ rent up to $5,000 to 640 households economically impacted by COVID. A total of 1,106 applications were submitted; 104 households did not qualify for or declined assistance, and an additional 362 households were not offered assistance due to lack of funding (of these 86 received assistance through the LA County program). Funding for program administration came from CDBG and the re-purposing of a County homelessness grant through the Westside Cities Council of Governments (WSCCOG).

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(CARES) and County General Funds. At the close of the program, 435 Santa Monica residents were awarded approximately $3.81 million in assistance through the County program.

47. 35 & 162 Program 6.C: Include
goals, priorities,
metrics, and
milestones. Include
past successes in
existing program.

Support measures that are not housing constraints to generate and allocate tax revenue for income assistance.

The City intends the POD Program to serve at least 150 participants within this Housing Element cycle.

In FY2020-21, the POD program served 196 low-income senior households providing an average monthly assistance of approximately $500 per month, allowing participants to age in place. Applications for POD are accepted both online and by mail, with assistance for those seeking a reasonable accommodation.

48. 35 & 162 Program 6.D: Include
goals, priorities,
metrics, and
milestones.

The City shall prioritize additional education and outreach to tenants and landlords throughout the city…
The City shall strengthen outreach and connect vulnerable residents with housing assistance and resources, including, but not limited to, credit counseling and support services addressing resident needs in securing adequate housing and hosting two educational events per year.

49. 35 & 164 Program 6.F: Include
goals, priorities,
metrics, and
milestones.

The City shall continue to prioritize displaced residents on the City’s Below Market Housing waiting list in order to provide opportunities to identify comparable replacement housing within Santa Monica.

50. 35 & 164 Program 6.G: Include
goals, priorities,
metrics, and
milestones.

The City shall continue to require that all temporarily displaced tenants are relocated to comparable housing within Santa Monica, or close proximity, and that temporary relocation is for the amount of time necessary to restore habitability to the dwelling unit or if the landlord demonstrates that tenancy was legally terminated.

51. 36 & 166 Program 7.A: Include
goals, priorities,
metrics, and
milestones. Include
The City shall also conduct targeted outreach by hosting a Fair Housing Workshop to the general public twice a year that covers fair housing. The City shall also continue to provide and…

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past successes in
existing program.

Most of the cases are resolved informally, using demand letters, calls, and meetings to either to persuade the need for a change in what the landlord is doing or to conclude that there is insufficient evidence of a fair housing violation However, if there is sufficient evidence of ongoing fair housing violations and the landlord has refused to correct the problem, then the PRD often files a lawsuit in court to enforce the fair housing laws.

Since 2007, the PRD hosts a Fair Housing Workshop twice a year. The workshop covers several topics, including reasonable accommodations for tenants with disabilities, the City’s Right to Return program, pandemic-related issues in fair housing, and source-ofincome discrimination laws which protect Section 8 voucher-holders and users of rental assistance. All owners, property managers, attorneys, social-service providers, and tenants are invited to attend, free of charge. Over the years, hundreds of tenants and housing providers have attended.

The PRD’s workshops continued even through the pandemic, with a switch to virtual settings. The City has also made fair housing presentations to other local and regional groups. Just since April 2020, the City presented or even co-hosted housing rights events sponsored by Santa Monica Rent Control Board, the Legal Aid Foundation of Los Angeles, Western Center for Law & Poverty, Santa Monicans for Renters’ Rights, Fair Housing Council of San Diego, ACLU of Southern California, WISE & Healthy Aging, St. Joseph’s Center, and the Santa Monica Committee for Racial Justice.

52. 170 Quantified Objectives:

Technical Revision Household
Income
Category
RHNA % of Total Quantified
Objective % of Total
Very Low 2,794 31% 1,150116 2216%
Low 1,672 19% 572654 1110%
Moderate 1,702 19% 351479 7%
Above Moderate 2,727 31% 3,1804,459 6167%

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Total 8,895 5,2536,798
Source: City of Santa Monica Community Development Department The goal of 5,2536,798 units can be achieved based on current approved and pending projects,…
The quantified objective aims for 33% almost 50% of units produced to be affordable to low and moderate er income households.

53. 1721 POD Participant
Update: Technical
revision
The Preserving Our Diversity (POD) Program provides cash-based assistance to low-income, long-term Santa Monica residents in rent-controlled apartments to help achieve a “basic needs budget” for seniors. It is estimated to include at least 150 participants within the next housing cycle.

Income
Category
Rehabilitated Units Conservation Units
Definition
Multi-Family
Rehabilitation
Minor Home
Repairs
Acquisition &
Rehabilitation POD
Rental
Assistance
Vouchers
Right to
Counsel
Very Low 0-50% of County
MFI 19 10 40 150 1,600
0 Low 51 to 80% of
County MFI 19 10 0 0 0 210
Moderate 81 to 120% of
County MFI 0 0 0 0 0 0
Upper Over 120% of
County MFI 0 0 0 0 0 0
Totals 38 20 40 150 1,600 210
58 2,0001,900

54. E-26, 39 Appendix E: Technical
revision to definition
of permitted.
“P” = Permitted by right without discretionary action.

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Permitted means
without discretionary
action.

Therefore, supportive and transitional housing are both permitted uses without discretionary action within the City wherever and however single or multiple-unit dwellings are permitted…
Additionally, as shown in Figure E-10, Supportive Housing on its own is a permitted use without discretionary action in all multi-unit zones and commercial zones where multi-unit housing is a permitted use.

55. E-28 Appendix E: Technical
revision to update
ADU building permits
to current permits as
of May 2022. Aligned
with APR. Updated
map.

Since implementation of these new State laws, the City has seen an increase in ADU production and interest, averaging 56.5 ADUs per year between 2018 and 2021 each year.

Based on building permit data as of June 1, 2021, Figure E-12 and Map E-6 below summarize ADU development and location within the City since 2018 when State law began to focus on incentivizing ADUs.

Figure E-12 Santa Monica ADU Production
Building Permit Issuance
Year Permits Issued
2018 5423
2019 5160
2020 2741
2021 2102
TOTAL: 134226

56. E-33 Appendix E: Technical
revision to clarify that
emergency shelter
requirements will align
with AB 139.

Emergency shelter
capacity updated
Revisions will also include, but are not limited to, updated parking requirements for Emergency Shelters pursuant to AB 139.

According to the SSI, there are 11 10 parcels within the BTV and MUC zone districts of adequate size that can accommodate emergency shelters with no limitations on bed count and 178 118 parcels in the LT, NV, BC, TA, MUBL, MUB, and GC, NC, IC, and OC zone districts that limit emergency shelters to 55 bed per parcel. SFOf eExisting facilities accommodating an approximate range of 16-70 beds have oan average parcel size of 20,525 square feetXX, and of the 178128 SSI parcels, XX33 parcels would fall within this range SF, NV, BC, TA,

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based on direction
from HCD.

MUBL, MUB, GC, BC, IC, and OC SF. Therefore, it can be concluded that the parcel sizes on the SSI can accommodate emergency shelters of at least 55 beds. In order to quantify the number of beds that can be established on sites with no bed count limit, a 160 square foot per bed size was applied based on both local analysis and County of Los Angeles standards .

As shown in Figure E-13, the City has capacity of 3,013 3,83811,823 emergency shelter beds. Therefore, Santa Monica has sufficient capacity to accommodate its emergency shelter need based on the 2020 point-in-time count of 907.

Figure E-13 Santa Monica Emergency Shelter Capacity
Zone
District
Number
of Parcels
Total Land Area (SF) Emergency Shelter
Bed Capacity
LT** 214 141,68943,996 770110
NV** 181 22,651183,480 99055
BC** 4 82,478 220
TA** 5 57,5820 275
MUBL** 5113 781,058467,399 2805715
MUB** 22929 499,449740,520273,121 15951210495
GC** 383 380,72981,457 2090165
NC** 14 92,5140 770
BTV* 1 38,54838,333 240240
MUC* 104 197,327287,036 1,7931233
IC** 1 19,662 55
OC** 4 26,117 220
Total: 3348189 2,590,3421,646,5691,124,283 11,8233,013838 * No limitation on bed count (160 SF per bed applied)
** 55 bed limit per parcel

57. E-45, 55 Appendix E: Technical
revision to clarify that
CUPs are not required
for typica MultipleUnit Dwelling projects.

Conditional Use Permits (CUPs) are not required for typical multiple-unit residential projects. CUPs are unusual for residential use classifications in the Zoning Code and a CUP for a residential use has not been requested in the past 10 years. Application fees, including CUPs, are based on cost recovery of services provided (i.e. staff time spent processing the permit), which typically requires significant analysis and development of conditions to mitigate potential impacts (e.g. noise, circulation, loading) on surrounding land uses.

As shown in Figure E-10, the only kinds of residential use classifications that very few residential land uses require approval of a Conditional Use Permit (CUP) are elderly and long-term care facilities and emergency shelters. Residential use classifications that require

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approval of aor Minor User Permit (MUP) in some zones are group residential, residential care general, residential care senior, and hospice general. These uses are not typical multiple-unit residential uses in that they typically consist of shared living quarters and provide care for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living.

58. F36 - 46 Appendix F: Expanded
AFFH analysis to
include number of
units by income group
in the SSI to show how
fair housing conditions
are addressed,
improved, or
exacerbated
Updated Step 8: Assessment of Sites to Affirmatively Furthering Fair Housing:

Included new maps comparing existing total housing units compared to units proposed under SSI, by census tract. The maps show where SSI units will go, broken down by affordability, in relation to existing housing and demographic patterns such as median income, racial predominance, and environmental health, among others.

59. F19-29 Appendix F: updated
to reflect the potential
for SSI properties to
develop with fewer
affordable units than
assumed in the
inventory. Also
accounts for the
potential of 100%
nonresidential uses.

Updated Step 5: Realistic Capacity Analysis of Suitable Sites:

The element now includes a probability factor for non-residential uses in the capacity analysis in the SSI. Specifically, capacity of sites now reflects an across the board 15% reduction in housing capacity based on past trends. Added a table showing typical densities of past housing projects.

60. F1-18 Appendix F: updated
to include analysis on
the extent that
existing uses impede
additional
development
Updated both Introduction and Step 4: Evaluating Suitability of Nonvacant Sites for Housing Potential
Included a new column in the SSI table identifying the factors (age of building, improvements to land ratio, tenancy, etc) used to select a site. Analysis includes a new flow chart to illustrate the methodology. New table shows how factors are weighted to identify SSI sites. In addition, Attachment 1 to the report now includes a table that supports the use of the factors based on a review of past and approved projects

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61. F30-32 Appendix F: updated
to describe the trends
of past development
on small sites and lot
consolidation.

Updated Step 7: Summary of Capacity to Accommodate the RHNA:

Added an explanation of Santa Monica’s past history of small site consolidation and that lot tie agreements are approved administratively. Additionally updated the Shortfall Analysis and Rezoning Capacity Analysis to account for approved and pending projects. The Rezoning Capacity Analysis has also been updated to account for revised ADU projections and proposed floor area ratios and heights.

62. F69-71 Appendix F: Updated
to demonstrate
existing and planned
total infrastructure
sewer capacity to
accommodate RHNA.

Updated Section 2: Infrastructure Constraints
Preamble language to affirm that there is sufficient capacity to accommodate the RHNA.

63. F-74 SSI Table Revised to account for approved and pending projects and addition/removal of sites based on updated information. Total number of sites is now 344.

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Introduction

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A. Santa Monica’s Housing Strategy
Santa Monica’s 2021-2029 Housing Element represents the City’s longstanding commitment to affordable housing, tenant protection, housing and services for special needs groups, homeless services, sustainable development, and fair housing. With a renewed emphasis on equity and the mandate to Affirmatively Further Fair Housing, the housing plan augments the adopted Land Use and Circulation Element (LUCE) by enhancing housing mobility and expanding housing choice in high opportunity areas that have historically excluded diverse populations, which may be areas that are not immediately adjacent to major transportation systems.

The Housing Element also reflects the City’s emergence from the COVID-19 pandemic and the socioeconomic inequities that have manifested in the lack of housing stability that disproportionately affected Black, Indigenous, and people of color (BIPOC) and lower-income households. This is an opportunity for the City to reflect and assess the City’s approach to housing and to take a leadership role in creating solutions to address affordable housing production and housing stability in line with Santa Monica’s values to secure livable and affordable housing opportunities for all.

Chapter 1: Introduction
This Housing Element is built around
4 key principles
Core
Principles
Locate housing close to daily
services and amenities like
transportation, jobs, parks,
and schools.

Facilitate equitable housing
access to all neighborhoods
by expanding access to
housing opportunities and
overcoming patterns
of segregation.

Promote greater
housing stability for
existing residents at risk
of displacement.

Increase housing
production for all,
with an emphasis on
affordable housing.

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This Housing Plan continues to reinforce Santa Monica’s core values of supporting housing production, particularly affordable housing, but includes departures from the 2013-2021 Housing Element particularly with respect to where housing is incentivized in the City. While the LUCE established a strategy to encourage housing production around major transportation systems, it does not account for the state’s new Affirmatively Furthering Fair Housing mandate. Key LUCE policies to develop complete neighborhoods in mixed-use areas within easy access to transit opportunities and daily services remain but the updated Housing Plan is driven largely through an equity and inclusion lens.

Ensuring equitable housing access and housing choice to all of Santa Monica’s neighborhoods and ensuring that affordable housing production is provided the highest levels of development and process incentives are the bedrock of this updated Housing Element.

The programmatic approaches in this housing plan reflect both the City’s desire to continue to reinforce LUCE policies to develop complete neighborhoods in transit-adjacent mixed-use areas and significant changes in State of California Housing laws and events that have affected funding streams for affordable housing, including:
• Changes in State housing laws (AB686) that mandate Affirmative Furthering Fair Housing, which requires that the cities…”take meaningful actions in addition to combating discrimination that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protective characteristics.” • Changes to the California Department of Housing and Community Development’s (HCD) Regional Housing Needs Allocation (RHNA) methodology that resulted in a significantly higher new housing unit allocation for Santa Monica due to accounting for existing unmet need.
• The devastating economic impact from the COVID-19 pandemic which affected Santa Monica’s budget and funding that would otherwise have been allocated for affordable housing. Further, as the City continues on the road to economic recovery, the funding sources for affordable housing depend heavily on the sales tax revenue that will not recover quickly and likely will affect affordable housing production in the first half of this Housing Element cycle.

LUCE Goals for Housing
The 2010 LUCE set forth numerous goals and policies in support of conserving and developing appropriate housing in the City and providing services and amenities to support a walkable, accessible community for residents. For convenient reference, these goals have been gathered in Appendix C of this Housing Element. As the housing strategy has been updated to account for changes in State law, LUCE policies will be updated to support this strategy.

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B. Community Context
Santa Monica had simple beginnings in 1875
as an aspiring commercial port. Growth was
slow until the City re-imagined itself as a
seaside coastal resort and incorporated in
1886. A regional population surge spurred on
by the arrival of the Santa Fe Railroad in 1887,
resulted in the City’s population increasing to
approximately 2,000 people by 1892 when the
Santa Fe completed its line to Santa Monica.

The arrival of the first electric street car in 1896
and the completion of major regional roadways
in the early 1910s led to the further growth of
primarily single family homes.1 During the 1920s,
the City witnessed a substantial population
and building boom, transforming the City from
a recreational destination to a sought-after
residential community, that also included
significant brick and aircraft industries. During
World War II, demand for housing was further
spurred on by the rapid growth of Douglas
Aircraft resulting in both single and multi-unit
development. By the mid-1960s, most land in
Santa Monica was developed. Since that time,
growth has resulted principally from recycling lower-intensity land uses to higher-density uses. In recent years, the City experienced its most significant residential development in its commercial, mixed-use areas. This trend has been reinforced by the LUCE and Downtown Community Plan policies that incentivize increasing housing around the Metro E (Exposition) Light Rail transit stations.

Today, the City’s existing housing stock of 52,269 units consists of a wide range of housing types, from single-unit dwellings on large lots, to small scale bungalows, courtyard apartments, condominiums and larger mixed-use apartments. This housing stock is located within distinct residential neighborhoods and commercial mixed-use districts.

With its seaside location and mild, pleasant temperatures year-round, the City has become one of the most highly desirable places to live in the country. However, the opportunity to live in the City comes at a hefty cost. While it is generally recognized that Californians pay more for housing than the average American, Santa Monica’s housing costs are among the highest in the nation (see Appendix B). The lack of housing, particularly affordable housing, is consistently a top concern for many Santa Monica residents and workers.
1 Santa Monica Historic Context Statement, Architectural Resources Group and Historic Resources Group, March 2018.

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There are a variety of negative effects caused by a lack of housing. With a greater share of household incomes spent on housing, households are left with less money available to spend on discretionary purchases, or even basic necessities. Having less money available for non-housing costs often means that low-income households will have less savings in the bank, putting those households at risk for poverty, or preventing them from rising out of it. Low-income residents also face extra pressure of displacement due to rising housing costs. With a lack of affordable housing, more and more people are crowding into existing housing units. In addition to public safety issues, there are quality of life impacts associated with overcrowding. High housing costs also impact wider economic growth and are becoming a major consideration for employers. With approximately 80,000 non-resident workers commuting into Santa Monica, employee retention for Santa Monica companies is an issue especially if workers can’t afford to live near their job and have to commute long distances to work.

C. Creating an Equitable and Inclusive Community
Santa Monica has a record of supporting social equity, housing affordability, and an inclusive community. For the past forty years, the City has enacted numerous policies to prevent resident displacement, including rent control, just-cause eviction, anti-tenant harassment, source of income protections, and anti-discrimination laws that afford protections beyond the federal Fair Housing Act and the California Fair Employment and Housing Act. The City has consistently prioritized the diversity of housing opportunities available to all household types and income levels. Santa Monica’s commitment to affirmatively furthering fair housing is evidenced by specific actions that the City has taken (see Chapter 2 for further discussion).

In addition, for several decades, the City has implemented policies and programs to increase the supply of deed-restricted residences that are affordable to low- and moderate-income households.

The strategy primarily involves three components:

1. Public financing to support the acquisition, rehabilitation, and deed restriction of existing housing;

2. Public financing to support the construction of new deed-restricted housing;

3. Deed-restricted housing developed by private, for-profit organizations pursuant to the AHPP or development agreements.

These actions have resulted in a drastically expanded housing stock in the City. The City has preserved and produced a larger and more diverse supply of low- and moderate-income housing than otherwise would be possible if the City pursued a single strategy.

Santa Monica has also facilitated affordable housing through the adoption of land use plans and administrative funding guidelines to support affordable housing preservation and production. In 2010, the Land Use and Circulation Element (LUCE) of the General Plan was adopted, and identifies affordable housing as a primary community benefit associated with new development. Additionally, the City has a Housing Trust Fund. These actions have resulted in a drastically expanded housing stock in the City.

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The City continues to promote and enforce programs to address its fair housing issues, including a Fair Housing Program that is implemented by the City Attorney’s Office Public Rights Division (see Chapter 2 for further discussion).

To foster an inclusive and diverse community, it will be essential to continue to put greater emphasis on providing housing that meets the needs of everyone, including low-income households, seniors, BIPOC, multi-generational families, and households with children.

The effects of the COVID-19 pandemic have highlighted the complex housing challenges that the City faces, including addressing barriers to housing opportunities, housing insecurity for existing residents, and homelessness. The pandemic has particularly highlighted equity issues in terms of how lack of housing affordability disproportionately affects BIPOC and the need to reexamine land use and zoning decisions to ensure that they do not perpetuate these inequities.

This Housing Element presents an opportunity to reflect on, refine, and broaden the City’s approach to housing production – particularly affordable housing – to meet the needs of our most vulnerable community members. It is also an opportunity for the City to take a leadership role in creating solutions to increase affordable housing production and stability in line with Santa Monica’s values to provide secure, livable, and affordable housing opportunities for all.

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D. Purpose and Statutory Authority
The Housing Element is mandated by Sections 65580 to 65589 of the California Government Code.

State Housing Element law requires that each City and County identify and analyze existing and projected housing needs within its jurisdiction every eight years. To that end, State law requires that the Housing Element:
• Provide an analysis of existing and projected housing needs, including any special housing needs
• Assess affordable units at risk of conversion to market rate • Analyze actual and potential constraints to housing
• Assess and describe fair housing issues, including actions to affirmatively further fair housing
• Identify adequately zoned sites suitable for housing
• Analyze zoning for a variety of housing types
• Identify goals and policies to meet housing needs
• Identify a schedule of programs and actions to be undertaken to achieve the goals and policies
• Identify a quantified objective that estimates the number of units likely to be constructed, rehabilitated, or conserved/preserved
• Analyze performance of prior goals, policies, and programs from the last Housing Element cycle
• Identify opportunities for energy conservation
The 2021-2029 Housing Element updates Santa Monica’s 2013–2021 Element, adopted by the City Council on December 10, 2013 and certified by the State Department of Housing and Community Development (HCD) on January 29, 2014.

In compliance with State law, the City of Santa Monica has prepared this Housing Element to be certified by HCD after adoption by the City Council by October 15, 2021.

E. Relationship to Other General Plan Elements
State law mandates the adoption of a general plan (Government Code Section 65300), which serves as the blueprint for how a particular city or county (e.g., the City of Santa Monica) will develop. A general plan expresses the community’s development goals and embodies public policy relative to the distribution of future land uses, both public and private. Zoning ordinances, specific plans, development projects, capital improvements, and development agreements are required to conform to the general plan. Preparing, adopting, implementing, and maintaining the general plan serves to identify the community’s land use, circulation, environmental, economic, and social goals and policies as they relate to future growth and development. A general plan consists of individual sections ―or elements--that address a specific area of concern, but collectively, they make up an integrated

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planning approach for the jurisdiction. State Law requires that general plans include seven elements:
land use, transportation, conservation, noise, open space, safety, and housing. A city or county may choose to have additional elements as part of their general plan.

Santa Monica’s General Plan consists of the 7 state-mandated elements: (1 & 2) Land Use and Circulation, (3) Conservation, (4) Housing, (5) Open Space, (6) Noise, (7) Safety, as well as a (8) Historic Preservation element. The City’s Land Use and Circulation Element (LUCE) was adopted in July 2010, and last amended in 2020. The LUCE provides guidance for the City’s overall development strategy, including where and how new land uses will be located in relation to the circulation system in the City through 2030. The LUCE established overarching policies and standards for new development based on land use designations for every property in the City. These policies and standards were further refined in the City’s Zoning Ordinance Update in 2015 and by the adoption of various area and specific plans, including the 2013 Bergamot Area Plan and the 2017 Downtown Community Plan.

General Plan
Safety Open
Space Noise
Housing
Element LUCE HistoricPreservation Conservation
To meet the City’s RHNA allocation of 8,895 new units over the next 8 years and to affirmatively further fair housing, the Housing Element includes actions and programs to amend adopted development standards and policies. As required by State law, elements of the General Plan should form an integrated, internally consistent plan, and inconsistencies cannot be remedied by a statement giving one element precedence over the others (Gov. Code § 65300.5; Sierra Club v. Board of Supervisors of Kern County (1981) 126 Cal.App.3d 698). Therefore, adoption of the Housing Element will require amendments to the LUCE and the City’s Zoning Ordinance, Bergamot Area Plan, and Downtown Community Plan to ensure internal consistency.

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Adoption of this Housing Element will also trigger revision of the City’s Safety Element. The Safety Element was last updated and adopted in February 1995. Over 25 years have passed and since that time, and the State has established new requirements pertaining to Safety Element updates.

Specifically, Senate Bill 1030 which was passed in 2018 establishes the following:
• Requires the safety element to be revised to identify new information on fire hazards, flood hazards, and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element • Requires this revision to occur upon each revision of the housing element or Local Hazard Mitigation Plan (LHMP), but not less than every eight years.

F. Housing Element Organization
Santa Monica’s Housing Element is organized into the following chapters:

1. Introduction: This chapter discusses the City of Santa Monica’s housing strategy, statutory requirements of the Housing Element and relationship to other General Plan elements, changes to the Land Use and Circulation Element, and a summary of the outreach efforts.

2. Affirmatively Furthering Fair Housing: This chapter provides an assessment of fair housing including a description of segregation patterns, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, disproportionate housing needs, and a summary of actions to affirmatively further fair housing in the City.

3. Goals and Policies: This chapter provides the background for the City’s housing needs, and then establishes the goals and policies to address the housing issues identified. This section forms the framework of the programs in the Housing Element.

4. Land Available for Housing: This chapter summarizes the City’s State mandated RHNA and provides an analysis of suitable land available for residential development to meet the RHNA.

5. Programs and Schedule of Implementation: This chapter lays out the programs that the City will implement to achieve the goals and objectives. Each program includes specific actions to be undertaken by the City, a timeframe for implementation, the City departments/divisions responsible for implementation, and desired outcomes (where appropriate).

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Packet Pg. 104 Attachment: Housing Element (Chapters 1-5) Redline June 2022 (4856 : Housing Element Draft Revisions in Response to HCD (120 mins)) Chapter 1 | Introduction 12
G. Community Engagement
The City encourages and solicits the participation of the community and other local agencies in the process of identifying housing and community needs, and prioritizing expenditure of funds.

Throughout the preparation of the Housing Element, the City conducted numerous outreach efforts to engage all segments of the community.

Public Process Adapts to the COVID-19 Pandemic
Due to the COVID-19 Pandemic and the resulting safer at home orders, the public outreach process was adapted to accommodate virtual participation. Staff held online roundtable discussions, workshops, questionnaires, and study sessions. The global pandemic not only shifted the way that public participation was performed, but also the way that Staff noticed outreach events.

A project website was created and launched in August 2020 to document project progress with information on public outreach events, draft documents, the RHNA, and relevant links. (www. santamonica.gov/housing-element-update). In order to communicate upcoming engagement opportunities during a safer at home order, additional engagement strategies were needed, aside from the typical social media posts, newspaper notices, and email blasts. Two large-scale surveys were conducted at the launch of the project and when the draft concepts were released in order to gather input (see Appendix A). Non-digital communication strategies were employed, like the Rent Control Board newsletter and Seascape, a quarterly City publication mailed to every household in Santa Monica. Materials and notices were also distributed through stakeholders and community partners such as housing providers. While most materials were posted to the project website, printed versions and alternate language versions were available upon request.

Community Input
The two phases of public outreach conducted to get community input for the Plan included public outreach meetings and inter-department collaboration with other City divisions and departments.

Outreach Meetings
Figure 1-1 lists the meetings at which opportunities for public, City Council, and City commission input on the Housing Element were provided. As indicated, the City held public webinars, met with stakeholders virtually, and held numerous public hearings with the Planning Commission, City Council, Housing Commission, and Rent Control Board. City staff attended over 35 meetings and hearings throughout the course of the Housing Element preparation.

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Packet Pg. 105 Attachment: Housing Element (Chapters 1-5) Redline June 2022 (4856 : Housing Element Draft Revisions in Response to HCD (120 mins)) 13 City of Santa Monica | 2021 - 2029 Housing Element
Figure 1-1: City Boards and Commissions
Meeting Date Description
Housing Element
Update Public
Webinar
11/12/20 (Morning)
11/12/20 (Evening)
11/14/20
Public webinars on the project launch
Planning
Commission
11/18/20
12/9/20
1/20/21
2/17/21
3/16/21
3/17/21
5/12/21
6/2/21
6/3/21
8/18/21
9/8/21
9/14/21
“Gathering Input for the Plan” presentations to City boards, commissions, and the City Council took place between November 2020 and April 2021. An initial study session
with the City Council took place in December 2020.

Presentations of the May 2021 Draft, which took place between May and June 2021, highlighted the proposed updates to the Housing Element for Commissions, Boards and neighborhood groups as requested. The meetings yielded direction on concepts to include in the draft Housing Element.

City Council 12/10/19
12/15/20
3/9/21
3/30/21
6/15/21
Housing
Commission
1/7/21
4/1/21
4/15/21
Rent Control Board 12/10/20
4/8/21
Housing
Production
Technical
Working Group
12/3/20
12/17/20
1/22/21
2/19/21
Two technical working groups on Housing Production and Housing Stability were formed in November 2020. The groups were comprised of practitioners and interested community members. The two groups met four times each between
December 2020 and February 2021.

Housing Stability
Technical
Working Group
12/11/20
1/8/21
1/28/21
2/18/21
Affordable
Housing
Developer Roundtable
2/25/21 The affordable housing stakeholders’ roundtable brought together affordable housing producers and advocates
with particular knowledge and experience in housing
issues. Participants included: Linc Housing, Community
Corporation of Santa Monica (CCSM), Abode Communities,
EAH Housing, Southern California Association of Nonprofit Housing – SCANPH, Step Up, and Amcal Multi-Housing
Interfaith
Council
4/28/21 Staff met with representatives of a variety of religious congregations through the Santa Monica Area Interfaith Council.

The intent was to provide information regarding the possibility of increasing housing potential on parking lots of religious congregations.

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Packet Pg. 106 Attachment: Housing Element (Chapters 1-5) Redline June 2022 (4856 : Housing Element Draft Revisions in Response to HCD (120 mins)) Chapter 1 | Introduction 14
The first public draft of the Housing Element was released in May 2021 and posted on the department and project website. The Planning Commission held a public hearing on June 2 and 3, 2021, followed by City Council on June 15, 2021. All City meetings are open to the public. The City provides the public with advance notice of the public hearing, on-line links and digital copies of all related materials with print and translated materials available upon request. Comments and direction provided at these meetings were incorporated into the May 2021 draft, which was posted on the website and submitted to the State of California Department of Housing and Community Development (HCD).

The City also made use of its internal and external partners to maximize the noticing of hearings, events and the release of draft materials and concepts. This included working with affordable housing providers in the City, the rent control board, and the City’s communications team to reach affordable housing and rent control residents, and the City at large through the SaMo News email blast and City social media accounts.

Community outreach for the Housing Element update started with three identical virtual workshops outlining the update process, objectives, and future engagement opportunities. Following the staff presentation, participants were given time to ask staff questions. A summary of each workshop, including the question and answer portion, was then posted to the project website. These workshops were held across several days and times, including the weekend, to allow for broad participation.

In addition, an online survey was sent out to all neighborhood groups, stakeholders, and the City’s list of interested parties/groups.

Additionally, two Technical Working Groups were established, one focused on housing production and the other on housing stability. The goal of these two groups was to bring together community members, practitioners, and experts to garner more specific feedback on the barriers to housing development and issues surrounding displacement. Attendees came from a broad range of stakeholder groups, including Abundant Housing LA, Community Corp of Santa Monica, NRDC, EAH Housing, various boards and commissions, several private architecture firms, and other various community groups. For a full list of member organization/affiliation, see the Figure 1-2 below. The working groups met four times each and
discussed the past and future
goals, policies, and programs
of the Housing Element. The
comments received were then
used to develop draft concepts
around housing production,
location, stability, and equity.

These concepts were posted
to the website, in both English
and Spanish, along with surveys
to petition additional feedback
form the community at large.

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Packet Pg. 107 Attachment: Housing Element (Chapters 1-5) Redline June 2022 (4856 : Housing Element Draft Revisions in Response to HCD (120 mins)) 15 City of Santa Monica | 2021 - 2029 Housing Element
Figure 1-2: Technical Working Group Member Organization/Affiliation Stability TWG Production TWG
NOMA KoningEizenberg Architecture
Santa Monica Housing Commission RLB Architecture
Pico Neighborhood Association KEA
Black Agenda SREG
Committee for Racial Justice Abundant Housing LA
League of Women Voters L.A. Realty Partners
NRDC Armbruster Goldsmith & Delvac LLP
Community Corp of Santa Monica Community Corp of Santa Monica Harding Larmore Kutcher & Kozal Abundant Housing LA
Disability Community Resource Center Moore Ruble Yudell Architects and Planners MAPS Realty Housing Commission
PCG Santa Monicans for Renters’ Rights
Cypress Equity Investments DFH Architects
Morley Builders Architectural Review Board
Santa Monica Architects for a
Responsible Tomorrow Michael W. Folonis, Architects
Housing Commission Yuguchi Architecture
Planning Commission NRDC
Interested Community Members Harding Larmore Kutcher & Kozal Santa Monica Housing Council
Planning Commission
Zinner Consultants
EAH Inc.

MAPS Realty
Sustainable Homes of the Future, LLC
Cypress Equity Investments
Goldman Firth Rossi Architects
Morley Builders
Architect, member Building and Fire Life-Safety Commission Santa Monica Architects for a Responsible Tomorrow
Housing Commission
Interested Community Members

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Packet Pg. 108 Attachment: Housing Element (Chapters 1-5) Redline June 2022 (4856 : Housing Element Draft Revisions in Response to HCD (120 mins)) Chapter 1 | Introduction 16
In an effort to gather more specific feedback around the barriers to affordable housing development, staff held a roundtable with affordable housing developers from across the Los Angeles area. Involved organizations included Linc Housing, Community Corporation of Santa Monica (CCSM), Abode Communities, EAH Housing, Southern California Association of Nonprofit Housing – SCANPH, Step Up, and Amcal Multi-Housing.

Once draft concepts for the Housing Element were developed, they were posted online, in both English and Spanish, for a period of review by the community. The public were provided the opportunity to comment on the draft concepts via an on-line interactive survey. The comments received were then presented back to the Housing Commission, Rent Control Board, Planning Commission, and City Council. City Boards and Commissions
Following each meeting held during the initial phase of the community outreach effort, comments were summarized and posted on the project webpage. These materials were made available in English and Spanish, upon request.

Figure 1-3 summarizes comments by topics that were received from the community and indicates where issues have been addressed in this document. Individual meeting summaries can be found in Appendix D.

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Packet Pg. 109 Attachment: Housing Element (Chapters 1-5) Redline June 2022 (4856 : Housing Element Draft Revisions in Response to HCD (120 mins)) 17 City of Santa Monica | 2021 - 2029 Housing Element
Figure 1-3: Comments Received During Phase I Community Outreach, by Topic General Comment Where Addressed
Affordable Housing: There were many discussions that concurred that the cost of housing in Santa Monica is too high. To alleviate the demand for lowercost housing, the Housing Element should encourage both 100% affordable developments and inclusionary units in market rate housing projects. Some concepts proposed to encourage additional affordable housing are:
• Increasing the inclusionary requirements of the AHPP; • Building in additional flexibility for the off-site affordable housing requirement; • Changes to certain development standards to encourage housing production; • Further streamline the process for housing project approval; • Incorporate the SB1763 changes to the state density bonus law; • Increase the maximum allowable density and height to ensure housing feasibility and to support increased affordable housing production; • Right of first offer for non-profit housing developers Programs:

1.A, 1.B, 1.E, 1.F, 1.J,

2.B, 2C,2.D, 4.B
Protect Existing Tenants: Concern was expressed that meeting the higher RHNA allocation would lead to the displacement of existing tenants. Community members advocated for additional protections for existing tenants to make sure that they can remain in place while also allowing additional housing units to be built. Some concepts proposed to protect existing residents are:
• Expanding upon and adding to the existing programs that provide rental assistance, tenant protections, resident support services, and maintenance/ rehabilitation of housing units;
• Protect existing rental units and require that protected units are replaced; • Maintain housing repair and rehabilitation programs;
• Expand upon outreach and information for property owners and tenants regarding tenant rights and rehabilitation programs;
• Protect low-income units at-risk of converting to market-rate units, as well as the naturally occurring affordable housing units.

Programs:

2.G, 3.A, 3.B, 3.D,

3.E, 3.H, 5.A, 6.A,

6.B, 6.C, 6.D, 6.G,

6.H
Additional Incentives for Accessory Dwelling Unit (ADU) Production:

Ideas were proposed to explore ways to increase the development of ADUs.

Since ADUs are typically additions to existing structures, the new units would help to contribute to the RHNA while maintaining neighborhood character and protecting existing residents. Some ideas proposed are:
• Allow additional ADUs on single-dwelling unit parcels if they are deed restricted for affordable housing;
• Develop an ADU accelerator program to simplify the ADU process and create pre-approved plan sets for ADUs.

Programs:

1.G

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Packet Pg. 110 Attachment: Housing Element (Chapters 1-5) Redline June 2022 (4856 : Housing Element Draft Revisions in Response to HCD (120 mins)) Chapter 1 | Introduction 18
Inter-Agency Review
City Departments: An Interdepartmental Taskforce representing all City departments related to housing including the Community Development Department (encompassing City Planning, Housing, and Economic Development), Community Services Department, City Attorney’s Office and Rent Control Board met regularly over the past year to contribute to the development of the Housing Element, review draft documents, and keep the City’s relevant Boards and Commissions informed about the planning process and key policy issues.

Water and Sewer Priority (Section 65589.7): As required by State Law, the Housing Element was shared with the City’s Water Resources Division (WRD), which has responsibility for water and sewer maintenance and development. Appendix F provides a summary of potential water and sewer infrastructure constraints for housing projects. As indicated, while increases in infrastructure capacity will be necessary to accommodate the sewer and water demands of future housing development, the City will be increasing the Capital Facilities Fee to implement improvements as necessary to serve future housing development.

The stormwater and sewer treatment facility at the Civic Center Lot, part of the City’s Sustainable Water Infrastructure Project (SWIP).

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H. Summary Of Housing Programs For The 2021-2029 Housing Element This summary table is provided for convenient reference. More details regarding the programs, including program background can be found in Chapter 5.

Program
No Program Objective Timing
GOAL 1 PROGRAMS
Production of new housing that is sustainable, innovative, safe and resilient, appropriate with the surrounding neighborhood, offers opportunities for active and healthy living, including walking and biking, and increases equitable housing opportunities.

1.A By-Right Approvals For Housing Projects
The City shall make permanent amendments to the Zoning Ordinance that are currently interim and make amendments to the Land Use and Circulation Element (LUCE), Downtown Community Plan (DCP), Bergamot Area Plan (BAP) and Zoning Ordinance, as necessary, to allow, at a minimum: 1) 100% affordable housing projects; 2) non-Downtown housing projects that are code-compliant or are granted specified modifications/waivers to be established in the Zoning Ordinance; 3) Downtown housing projects that do not exceed Tier 2 maximums and are code-compliant or are granted specified modifications and waivers to be established in the Zoning Ordinance; and 4) housing projects that include at least 20% of units on-site as affordable to lower-income households [Government Code Section 65583.2(c)] , to be reviewed through a by-right process. . The by-right process for housing projects is intended to achieve the RHNA target and at minimum, the Quantified Objectives established in this Housing Element. Such by-right projects shall still be subject to design review, provided that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

The City shall extend interim zoning amendments for process thresholds pending the full implementation of this program.

The City shall also develop written procedures to implement the streamlined review process for eligible projects under SB35.

The City shall also continue to facilitate consolidation of sites for housing projects by processing administrative lot tie agreements as part of the plan check process.

Provide certainty for
housing providers by
allowing a ministerial
approval process based
on objective standards for
100% affordable housing
projects, housing projects
that are code compliant
or granted specified
modifications, codecompliant Downtown
housing projects that
do not exceed Tier 2
maximums or are granted
specified modifications,
and housing projects
eligible for by-right
processing in accordance
with State law.

March 31, 2022
October 15,
2022

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Program
No Program Objective Timing

1.B Streamline The Architectural Review Process and Ensure Design Review Objectivity For Housing Projects
The City shall adopt new streamlining procedures to allow staff level design review for smaller housing projects and expedited design review of larger housing projects by shifting the design review process to before or concurrently with entitlement issuance. This will reduce processing timelines and increase certainty for housing providers. These procedural changes would involve amending the Municipal Code to assure that design review cannot unreasonably delay a housing project approval by, for example, placing limits on number of hearings and maximum time limits for design review. The City shall review approval findings for design review and establish procedures or other mechanisms to promote approval certainty. The amendments shall also be clear that design review cannot be used to reduce density or deny a housing project. Additionally, the City shall develop objective design standards for applicable housing projects, which will also be used to ensure consistency anticipating compliance with SB35 for applicable housing projects.

Streamlined housing
approvals.

September 30,
2022 Objective
Design
Standards
by June 30,
2023; Process
streamlining
by October 15,
2022

1.C Incentivize Housing Development On Surface Parking Lots in Residential Zones In order to provide new housing choices and affordability in high opportunity areas, the City shall adopt standards that incentivize housing production on surface parking lots in residential zones associated with existing commercial uses, including, but not limited to, removing density caps and commercial parking replacement restrictions, lot consolidation, street access to the project, and restoring underlying maximum allowable density.

The City shall also adopt standards that incentivize housing production on surface parking lots associated with existing residential uses as long as the existing residential use is not removed.

Incentivize housing
production on
underutilized sites that
would not displace existing
tenants.

August 1,
20223

1.D Reduce Minimum Parking Requirements for Housing Projects The City shall reduce minimum parking requirements for all housing projects by applying Parking Overlay 1 rates.

Lower the cost of housing
production
August 1, 2022
June 30, 2023

1.E Revise The Design Standards In The Bergamot Area Plan (BAP) For Easier Understanding And To Support Housing Production
The City shall modify the design guidelines in the BAP to establish objective standards to support housing production by increasing certainty for housing providers. The revisions to design standards will address at minimum: building modulation, ground floor uses, street frontages/pedestrian orientation, open space, reduction in parking minimums, live/work artist and commercial living situations, etc. The standards shall be user-friendly with improved clarity to support housing production. The BAP should also consider the special housing needs of artists, such as live-work units, to promote artist residents in the Bergamot area.

Provide clarity in the
regulatory environment
for housing and incentivize
housing production in the
Bergamot area.

By June 30,
2023

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Program
No Program Objective Timing

1.F Revise the Downtown Community Plan Development Standards To Support Housing Projects The City shall modify the development standards in the DCP to ensure they are set at levels that can support the minimum AHPP requirements and to support feasible housing projects. The City shall also amend the development standards and AHPP requirements to ensure Tier 2 and Tier 3 Downtown housing projects are feasible.

The City’s assumptions of feasibility and the City’s SSI are based on the results of a feasibility analysis prepared by HR&A dated June 9, 2021 and February 2, 2022. Based on the results of the feasibility analysis, the feasible FARs for housing projects range from a minimum 2.75 to 4.0 with heights ranging from 55 feet to 84 feet. The City reserves the right to adjust these heights and FARs up or down. Any changes will promote housing and ensure feasibility and that overall unit capacity assumed in the site inventory is met, including income category, and will be no lower than the minimum FAR shown in the table below. existing allowable height and FAR as of October 13, 2021. The off-site affordability requirement will be greater than the on-site requirement.

The City shall consider opportunities, including rezoning or the creation of new zoning districts, as necessary, to facilitate advancement of housing goals and/or historic preservation.

In addition to FAR and height, the City shall review and modify as appropriate all standards and regulations that may be considered a constraint to housing production including but not limited to development impact fees and design standards such as restrictions on ground floor residential use, minimum/maximum ground floor height, and daylight plane adjacent to existing residential neighborhoods.

Zone
Approx.

Acres
to be
Rezoned
Current
Tier 1
FAR/
Height
Minimum
Tier 1 FAR/
Height
with
Rezoning
Current
Tier 2
FAR/
Height
Minimum
Tier 2 FAR/
Height with
Rezoning
Curent
Tier 3
FAR/
Height
Minimum
Tier 3 FAR/
Height
with
Rezoning
LT (East) 12 1.50/39 ft 2.75/60 ft 2.25/50 ft 3.0/65 ft - - LT (West) 11 1.50/39 ft 2.75/60 ft 2.75/60 ft 3.0/65 ft - - NV 31 2.25/39 ft 2.75/60 ft 3.50/60 ft 3.50/70 ft - 4.0/84 ft BC
(Promenade)
12 2.25/39 ft 2.75/60 ft 2.75/60 ft 3.0/65 ft - -
BC (2nd/4th) 25 2.25/39 ft 2.75/60 ft 3.50/60 ft 3.50/70 ft - - TA 52 2.25/39 ft 2.75/60 ft 3.50/60 ft 3.50/70 ft 4.0/84 ft 4.0/84 ft OT 15 2.25/39 ft 2.75/60 ft 2.75/60 ft 3.0/65 ft - -
WT 6 1.50/39 ft 2.75/60 ft 2.25/50 ft 3.0/65 ft - -
Continue to encourage
housing production in
Downtown area.

March 31,
2022October
15, 2022

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Program
No Program Objective Timing

1.G Incentivize and Facilitate the Development Of Accessory Dwelling Units ThroughAn ADU Accelerator Program The City shall develop an Accessory Dwelling Unit (ADU) Accelerator Program that will simplify the ADU process by providing prospective ADU developers property owners interested in constructing ADUs throughout all neighborhoods with a handbook detailing all ADU standards and review procedures, and pre-approved ADU plans that can be selected to reduce time and costs associated with ADU development.

The program will further streamline the City’s ADU permitting review process with the aim of issuing building permits for an average of 47 ADUs/year. Additionally, the City will review and update its locally adopted ADU Ordinance for consistency with State law.

Streamline approvals and
facilitate development of
ADUs.

December 31,
2022June 30,
2023

1.H Adaptive Reuse Of Existing Commercial Buildings For Permanent Residential Use As an alternative to constructing new housing, the City shall amend the Zoning Ordinance to encourage and incentivize the adaptive reuse of existing commercial tenant space Citywide, for permanent residential use and also allow an adaptive reuse of existing ground floor commercial space for artists and livework use. The City shall also adopt policy and zoning cChanges to incentivize the conversion of existing commercial tenant space to residential use include but are not limited to, such as relaxing minimum parking requirements, unit mix, open space, and other typical zoning or building code requirements.

Increase flexibility for reuse
of vacant commercial
space to residential use.

December 31,
20234

1.I Ensure That Local Regulations Support Innovations In Construction Technology To The Extent Technically Feasible The City shall support innovative lower-cost, efficient and environmentally sustainable construction techniques for housing. Program shall implement a streamlined building permit review process for housing projects utilizing innovative construction methods and technology, and project-based outcomeoriented permitting benchmarks.

Remove impediments
to innovation in housing
construction.

December 31,
20234

1.J Rezoning by Revising Development Standards to Ensure that Housing Projects are Feasible and Incentivized Over Commercial Development
The City shall amend the Zoning Ordinance, LUCE, and the Bergamot Area Plan (BAP) to increase FAR and height standards throughout the city’s non-residential zoning districts (other than Downtown which is addressed in Program 1.F) to levels that can support feasible housing projects.

The City’s assumptions of feasibility and the City’s SSI are based on the results of a feasibility analysis prepared by HR&A dated June 9, 2021 and February 2, 2022. Based on the results of the feasibility analysis, the feasible FARs for housing projects range from a minimum 2.750 to 3.25 with heights ranging from 55 feet to 65 feet. The City reserves the right to adjust these heights and FARs up or down. Any changes will ensure feasibility and that promote housing to ensure overall unit capacity assumed in the site inventory is met, including income category, and will be no lower than minimum FAR shown in the tables below. existing allowable height and FAR as of October 13, 2021. The off-site affordability requirement will be greater than the on-site requirement
Support the production of
affordable housing and
encourage the equitable
production of housing
across the City.

March
31,Octoer 15,
2022

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| 2021 - 2029 Housing Element
Program
No Program Objective Timing
Zone
Approx.

Acres to be
Rezoned
Current Tier 1
FAR/Height
Current Tier 2
FAR/Height
Minimum FAR/
Height with
Rezoning
MUBL – N of I-10 107 1.50/36 ft 1.75/36 ft 3.25/70 ft
MUBL – Pico 15 1.50/36 ft 1.75/36 ft 2.00/45 ft
MUBL – Pico (West of Lincoln) 4 1.50/36 ft 1.75/36 ft 2.50/55 ft MUBL – Main St 10 1.50/36 ft 1.75/36 ft 2.50/55 ft
MUBL - Lincoln 107 1.50/36 ft 1.75/36 ft 2.50/55 ft
MUB 59 1.50/39 ft 2.25/50 ft 3.25/70 ft
GC (SMB) 24 1.25/ - 1.50/35 ft 3.25/70 ft
GC (Lincoln) 19 1.50/36 ft 2.00/36 ft 2.50/55 ft
GC (Pico)4 1.50/36 ft 2.00/36 ft 2.00/45 ft
NC 27 1.50/32 ft N/A 2.25/50 ft
NC (Main) 14 1.00/27 ft N/A 2.50/55 ft
NC (Ocean Park) 15 1.00/32 ft N/A 2.50/55 ft
NC (Montana) 15 1.00/32 ft N/A 2.50/55 ft
IC 77 N/A N/A 3.00/65 ft
OC 88 N/A N/A 2.75/60 ft
HMU 39 1.50/45 ft 2.50/70 ft 2.50/70 ft

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Program
No Program Objective Timing
Bergamot Area # Acres to
be Rezoned
Current Tier 1
FAR/Height
Current Tier 2
FAR/Height
Current Tier 3
FAR/Height
Minimum
FAR/
Height with
Rezoning
BTV 35 1.75/32 ft 2.00/60 ft 2.50/75 ft 4.0/84 ft
MUC – South of
Nebraska, North of Expo
Bike Path
19 1.50/32 ft 1.70/47 ft 2.20/57 ft 4.0/84 ft
MUC - remainder 49 1.50/32 ft 1.70/47 ft 2.20/57 ft 4.0/84 ft CCS 8 1.50/32 ft N/A N/A 2.50/55 ft
CAC 17 1.00/32 ft 1.00/60 ft 1.00/75 ft 2.50/55 ft
The City shall consider opportunities, including rezoning or the creation of new zoning districts, as necessary, to facilitate advancement of housing goals and/or historic preservation.

In addition to FAR and height, the City shall review and modify as appropriate all standards and regulations that may be considered a constraint to housing production, including, but not limited to, development impact fees, unit mix requirements, and design standards such as restrictions on ground floor residential use, minimum/maximum ground floor height, and daylight plane adjacent to existing residential neighborhoods.

1.K Adequate Sites Program
To accommodate the City’s lower-income RHNA shortfall, the City shall make amendments to the Land Use and Circulation Element (LUCE), Downtown Community Plan (DCP), Bergamot Area Plan (BAP) and Zoning Ordinance, as necessary, to create the opportunity for 1,880 lower incoe units and establish that the City-owned sites identified in the Suitable Sites Inventory meet all requirements pursuant to Government Code Section 65583.2(h) and (i) including but not limited to allowing are allowed 100 percent residential use and requiringe residential use to occupy at least 50 percent of the floor area. Additionally, while not required to meet the shortfall of lower-income units, the Zoning Ordinance shall be amended to specify additional mixed-used zoning districts that shall be allowed 100 percent residential uses. To ensure that the City comply with SB 166 (No Net Loss), the City will monitor new residential and mixed use project applications to ensure an adequate inventory is available to meet the City’s RHNA obligations.

Create opportunity to
accommodate the City’s
lower-income RHNA
targets
August 1,
2022June 30,
2023

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Program
No Program Objective Timing
GOAL 2 PROGRAMS
Housing production for all income categories including for the community’s workforce and most vulnerable communities.

2.A Establish A Moderate-Income Affordable Housing Overlay The City shall amend the Zoning Ordinance to establish a 100% affordable housing overlay for moderateincome (up to 120% AMI) housing projects in targetedat leat three areas of the City such as Downtown area, Bergamot area, and the immediate area around the 17th St station. The moderate-income affordable housing overlay would allow a height increase of up to three additional stories or 33 feet, 50% density bonus, up to four incentives and concessions, no minimum parking requirements, and flexibility in unit size/unit mix in exchange for additional common area amenities.

Provide significant
incentives for 100%
affordable housing.

August 1,
2022June 30,
2023

2.B Right Of First Offer Ordinance For Nonprofit Affordable Housing Providers Promote the use of SB1079 (2020) which created a new foreclosure sale process for 2-4 unit buildings that allows qualified parties a means to purchase property in foreclosure, subject to certain requirements.

Building off this state law, Tthe City shall consider adopting a Right of First Offer Ordinance that would provide nonprofit affordable housing providers the right of first offer for a specified time period to acquire private properties outside of foreclosure as they become available for purchase. As part of this effort, the City shall prioritize the scope of properties that would most effectively achieve the goal of making nonprofit housing providers more competitive in the land buying market for the purpose of preserving or producing affordable housing. Given the lack of an identified funding source to assist nonprofit affordable housing providers in purchase of multi-unit residential buildings through this program, explore funding sources, including grants and loans, that would contribute to the acquisition/rehabilitation quantified objective of 40 units. Require purchasers to preserve units as permanently affordable.

Support 100% affordable
housing by assisting
nonprofit affordable
housing providers to be
competitive in the land
acquisition market.

December 31,
20234

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2.C Update The City’s Affordable Housing Production Program to Increase the Number of Affordable Housing Units at all Income Levels
In order to increase the number of affordable housing units at all income levels such that 15% of all new multi-unit residential housing units are affordable to low and moderate income households and aim to achieve the Quantified Objective for lower income households as shown in Figure 5-1, Chapter 5, the AHPP on-site and off-site option for housing projects located outside of the Downtown shall be revised to maximize the contributions of the AHPP to achieving the RHNA affordable housing allocation and advancing the City’s affordable housing goals. Areas to be considered may include, but not be limited to:
• Increase the threshold (to at least 6 units) at which projects are required to provide on-site or off-site affordable units;
• Eliminate the current “menu” option of affordability requirements and instead establish a new base affordability percentage;
• Re-evaluate the in-lieu fee option for applicants to pay a fee instead of constructing affordable units to ensure that the fee supports the funding and construction of new affordable housing throughout the City; and
• Evaluate the possibility of a mixed-compliance option that would provide applicants more flexibility in meeting AHPP requirements.
• Increase the minimum percentage of required off-site affordable units to be higher than the on-site option;
• Allow projects to locate off-site affordable housing anywhere in the City that is not a disadvantaged area as defined by SB535, which includes socioeconomic and environmental metrics • Allow market-rate projects to comply with AHPP off-site option through acquisition and rehabilitation of existing rental units and converting those to deed-restricted units.

Ensure that the AHPP
provides housing
developers viable options
for compliance.

June 30,
2022By April
30, 2023

2.D Update Density Bonus Ordinance to Ensure Consistency With State Law And Integration Into The City’s Land Use System
The City shall update the density bonus ordinance, Santa Monica Municipal Code Chapter 9.22, to ensure consistency with State Density Bonus Law and integration with the City’s land use system, including the AHPP. The ordinance will clarify how to apply State density bonus law in the City’s commercial and mixeduse districts that do not have maximum density controls, including application of State density bonuses to floor area dedicated to residential uses. The amendments to the Municipal Code shall also set forth a voluntary by-right menu of incentives & concessions that do not require following the process under Government Code Section 65915(d) for approval. Requests for “off-menu” incentives and concessions may be requested pursuant to Government Code Section 65915(d).

Ensure consistency with
State Law.

March
31October 15,
2022

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2.E Commit To The Production Of Affordable Housing On City-Owned/Publicly- Owned Land The City shall commit City-owned sites for the production of 100% affordable housing, with consideration of other community-serving purposes, including, but not limited, to green space, place making, and/or community-serving commercial and revenue generating uses.

The City shall plan for a minimum of 1,8840 affordable housing units across available City-owned sites, which are located throughout the City, as shown in Figure F-6, Appendix F, which may include, but shall not be limited to, rezoning actions in the LUCE, Specific Plans, and/or Zoning Ordinance amendments.

Amendments to maximize affordable housing development potential on City-owned sites, and any subsequent development of those sites will be guided through a public process, including engagement of community stakeholders. At least three RFPs shall be issued for city-owned sites identified on the Suitable Sites Inventory to accommodate at least 1,880 affordable units. The first An RFP for at least one a city-owned site shall be issued by June 30, 2023. Subsequently, the City shall issue an RFP by June 30, 2025, and June 30, 2027 accounting for existing constraints on city-owned sites such as existing leases as shown in Figure F-6, Appendix F. Following the regular process for production of affordable housing on city-owned land, at the conclusion of the RFP process,the City will select a developer partner for each city-owned site with the intent to develop each site for 100% affordable housing. The developer would negotiate a ground lease with the City, process any necessary loans through the City’s local Housing Trust Fund, and concurrently process the Planning entitlements for the project through a ministerial process. The timeframe from selection of a developer to issuance of building permits typically takes approximately 24-30 months. Future RFPs shall be staggered based on availability of resources.

As has been done in the past, the City will use a variety of tools Tto facilitate 100% affordable housing development, including but not limited to:
• Facilitate appropriate zoning and process to support 100% affordable housing • Substantially reduced or free ground rent, the City will • Providing funding through local housing trust fund
• Support applications for other funding sources for affordable housing (e.g. low-incomehousing tax credits, grants, State funding, Federal funding) Further, the City will continue to assess appropriate City-owned properties for the development of affordable housing, or in some cases may consider the most appropriate disposition of City properties to nonprofit developers for the development of affordable housing.

Prioritize affordable
housing production on
city-owned land.

December
31, 2023
and Annual
Ongoing

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2.F New Affordable Housing Finance Programs To Enable Continued Provision Of Technical And Financial Assistance For Housing Production
The City shall leverage its commitment to use of City-owned land for affordable housing with advocacy for new sources of state, federal, and philanthropic funding that may be used for housing. Once appropriate funding sources are identified, the City will take the necessary steps to move forward.

The City has adopted policy on prioritizing our local funding through a Housing Trust Fund plan that includes spending commitments for affordable housing production and preservation for special needs and ELI households including exploring new funding for conversion to deed-restricted, multi-unit developments in areas of affluence. The plan outlines funding strategy for ELI households including seniors and persons living with disabilities. The City will continue to implement the policy and execute funding commitments to produce housing targeted to persons experiencing homelessness or at-risk of homelessness. Local funding through the Housing Trust Fund will also help support the production of at least 1,880 affordable housing productionunits on City-owned/publicly owned land in accordance with Program 2E. On an ongoing basis, the City will continue to communicate with local affordable housing providers on potential housing projects based on funding availability.

Financial and technical assistance shall be provided when resources are available and committed to nonprofit housing providers to the greatest extent possible to support the development of affordable housing, including special needs housing and arts housing. The City will research creative financing tools like a regional housing trust fund and infrastructure financing plans to learn how they are used elsewhere and how the City might best leverage these tools to support the construction of affordable housing.

Seek innovative affordable
housing financing tools to
increase production.

Annual
ongoing

2.G Expand Housing Choice by Facilitating The Development And Maintenance Of Special Needs Housing
The City shall continue to utilize available financial resources and partnerships with service providers to create and retrofit existing housing for special needs households throughout the city with a target of 20 minor home repairs over the Housing Element cycle. This includes the provision of new programs, services, infrastructure and amenities that can help seniors who choose to live independently remain in their homes as long as possible.

Within legal constraints, encourage or require housing providers to assign affordable housing units designed for persons with disabilities, including physical or developmental disabilities, for use by those who require those features. The City shall encourage barrier-free construction and adaptation.

Through the 5-year Consolidated Plan process, the City shall continue to identify housing and supportive service gaps for various special needs groups and propose policy and priorities based on the analysis.

Housing for individuals with
special needs.

Annual
ongoing

2.H Maintain Proposition I Monitoring
The City shall monitor utilization of Proposition I authority through annual reporting of new “low renthousing projects.” Ensure the City continues
to report on compliance
with Proposition I.

Annual
ongoing

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2.I Zoning For A Variety Of Housing Types Including Special Needs Housing And Housing Acces For Persons With Disabilities
The City shall review and update the Zoning Ordinance and BAP, as applicable, to ensure consistency with State law as needed regarding special needs housing types and residential land use classifications as needed. Review and expected revisions will include, but are not limited to, updating parking requirements for Emergency Shelters pursuant to AB 139, the city’s definition of “household”, and land use requirements for Residential Care Facilities for seven or more persons to promote objectivity and approval certainty.

Ensure the City is
compliant with all State
laws for special needs
housing types and
residential land uses.

December
31, 20223
and Annual
Ongoing

2.J Program 2.J Prioritize Water And Sewer Service To Housing Projects With On-Site Affordable Units
The City shall establish written procedures to grant priority to developments with on-site units affordable to lower-income households if availability of service is limited.

Prioritize infrastructure
service to developments
with lower income units
to support the production
of affordable housing
throughout the City
December 31
2022
GOAL 3 PROGRAMS
Preservation of the existing supply of housing and prevent displacement of existing tenants.

3.A Restrict The Removal Of Existing Rental Units For Site Redevelopment And Require That Protected Units Are Replaced
The City shall amend the Municipal Code to adopt local requirements that make permanent and potentially expand upon the anti-displacement requirements of SB 330 to ensure that 100% of all protected units proposed to be demolished in order to construct a new housing development project are replaced.

As required by Government Code Section 65583.2(g)(3), the City shall amend the Zoning Ordinance to require that sites that currently have residential use, or within the past five years have had residential uses that have been vacated or demolished, that (1) are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income (approximately 1,150 deed-restricted affordable units within market-rate housing projects on private property), or (2) subject to any other form of rent or price control through a public entity’s valid exercise of its police power (approximately 27,484 units), or (3) within the past five years were occupied by low or very low income households, shall be required to replace all of those units as affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall be consistent with those set forth Government Code Section 65915(c)(3).

Protect existing residents
by preserving existing
rental housing stock; no
net loss
of units.

August 1,
2022Jine 30,
2023

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3.B Develop Tenant and Landlord Programs To Address State And Federal Legislative Mandates Regarding Anti-Discrimination
The City shall continue to implement programs throughout the City, including tenant and landlord education/outreach through workshops that are held twice as well as regular noticing of fair housing issues, that strive to protect tenants against landlord discrimination and cancellation of existing Section 8 contracts (including City and/or private foundation-funded subsidy) to enable tenants to remain and pay the maximum allowable rent (MAR). The City will continue to fund the acquisition and rehabilitation of existing rental units and continue to investigate new, innovative ways to increase the affordability of housing in light of the loss of formerly affordable units due to vacancy de-control and Ellis withdrawals.

The City will also continue to work with community partners to keep the public aware of fair housing rights and obligations (along with the now much-needed rental assistance programs), and to use enforcement of our laws to help stop housing discrimination in Santa Monica whenever it appears. such as the Legal Aid Foundation of Los Angeles
Develop programs to
address State and Federal
housing mandates.

Annual
ongoing

3.C Facilitate The Conservation Of Restricted And Non-Restricted At-Risk Housing.

There are approximately 770 affordable, deed-restricted units that are at-risk of conversion to market rate in the next 10 years. The City will continue to monitor over this Housing Element Cycle the status of of the approximately 770 affordable, deed-restricted at-risk projectsunits withinthroughout the City, ensure that required notice is given to tenants, and advise property owners and tenants in advance of potential conversion dates, and assist in answering questions from residents of at-risk housing. As a part of the ongoing monitoring, the City will continue to provide information on maintaining long-term affordability and assist federally-funded housing properties with seeking funding assistance in applying for allocations of housing vouchers from the federal government to maintain housing affordability. On an ongoing basis, the City will continue to communicate with local affordable housing providers on conserving housing projects.

The City will exercise its right of first refusal to purchase properties if necessary and financially feasible to ensure the continued availability of affordable housing units. Additionally, the City shall continue to report annually on research and implement strategies on conserving non-covenant residential units such as the approximately 27,484 rent-controlled units and naturally occurring affordable units.

The City proactively
monitors units at risk of
conversion due to expiring
covenants and takes
actions to ensure their
long-term affordability.

Annual
ongoing

3.D Maintain An Acquisition And Rehabilitation Program
As resources are available, the City shall continue to provide loan assistance to nonprofit affordable housing providers and work with providers to identify new funding sources for acquisition and rehabilitation throughout the city. As outlined in Program 2.B, the City shall adopt a Right of First Offer Ordinance that would provide nonprofit affordable housing providers the right of first offer to acquire existing private properties as they become available for purchase.

Protect existing residents
by acquiring and
rehabilitating existing
housing.

Annual
ongoing

3.E Maintain A Low Income Residential Repair Program
The City shall support and fund the rehabilitation of 38 multi-family units and provide 20 minor home repairs throughout the City..

Rehabilitate 38 multi-unit
dwellings and provide 20
minor home repairs.
2024

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3.F Enhance Code Enforcement Response
To Housing-Related Violations
The City shall continue to respond to residential building code violation complaints throughout the City.

Code Enforcement and Building and Safety Divisions will coordinate with the Housing and Human Services Division to provide information on available rehabilitation assistance to correct code deficiencies. The City shall continue to respond to residential substandard housing complaints that affect habitability (which are a Priority 1 complaint) within 1 day.

Require property
owners to respond to
Building Code violations
and complete routine
maintenance on their
residential buildings.

Annual
ongoing

3.G Maintain A Mandatory Seismic Retrofit Program
The City shall continue to implement the Seismic Retrofit Program pursuant to the City’s Seismic Retrofit Ordinance. The City shall aim to issue building permits for seismic retrofit throughout the city of at least 900 buildings by the end of this Housing Element Cycle.

Protect existing residents
by ensuring the safety
and structural integrity
of existing residential
buildings.

Annual
ongoing

3.H Information And Outreach For Property Owners Regarding Rehabilitation And Maintenance Of Housing Units The City shall provide additional education and outreach to multi-unit property owners on available City programs and support continued rehabilitation, maintenance, repairs, and upgrades of their housing units. Outreach will continue to include at least one annual seminar dedicated to providing information to rental property owners on rehabilitation and maintenance of properties.

Inform property
owners regarding proper
maintenance of residential
units.

Annual
ongoing

3.I Right To Counsel Program
The City shall continue to implement a Right to Counsel pilot program and evaluate its overall effectiveness, program capacity, and long-term feasibility.

Prevent the displacement
of tenants by providing
access to legal assistance
and support for tenants
facing eviction.

Ongoing

3.J Restrict Conversion Of Existing Rental Housing To Condominiums The City shall continue to regulate condominium conversions pursuant to SMMC Section 9.24.040. The City will continue to track the City’s vacancy factor of rental units, and restrict conversions if vacancy factor is 5 percent or less of the total rental housing inventory. Furthermore, the City will monitor removal of rental housing units from the rental housing market and provide annual data.

Restrict loss of rental
housing units to
condominium conversions
Ongoing

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GOAL 4 PROGRAMS
A community that provides equitable housing access to all neighborhoods.

4.A Zoning Ordinance Amendment To Permit Multiple-Unit Housing In Non-Residential Zones Where Not Currently Permitted
The City shall amend the Zoning Ordinance, LUCE, and associated specific and area plans to add multi-unit housing as a permitted use in non-residential zones where housing is currently prohibited. To promote the fair and equitable distribution of new housing opportunities across the City, land use regulations shall be amended to add multi-unit housing as a permitted use in areas where it is currently prohibited.

Land use regulations, FAR, and Height (as indicated in Program 1.I) will be revised to allow housing in the three areas that currently do not allow housing such as the Office Campus, Industrial Conservation, and Creative Conservation Sector zones.

To promote fair and equitable housing opportunities throughout the City, the City shall amend the Zoning Ordinance, LUCE, and the Bergamot Area Plan (BAP) including in areas that have historically not permitted or accommodated housing, to allow for higher maximum allowable FAR and height in the NC, IC, and OC zoning districts.

For the purposes of addressing environmental health considerations, the City shall amend the Zoning Ordinance to specify locations in the City where housing projects are required to conduct an air quality assessment and implement recommendations from the assessment.

Support the production of
affordable housing and
encourage the equitable
production of housing
across the City.

August 1,
2022October
15, 2023

4.B Facilitate The Development Of Housing On Surface Parking Lots Owned By Community Assembly Uses In order to Affirmatively Further Fair Housing, the City shall adopt standards that support the production of affordable housing on surface parking lots owned by community assembly uses, including religious congregations including allowing not more than 50% market-rate units to support the affordable housing, unlimited density, no minimum parking requirements, an additional 33 feet of building height and allowance for the primary community assembly use and related ancillary use, for the support or expansion thereof, on or above the ground floor.

Increase equitable
access to all residential
neighborhoods and not
incentivize affordable
housing in areas
that have historically
excluded diverse housing
opportunities.

August 1,
2022June 30,
2023

4.C Provide New Housing Choices and Affordability in High Opportunity Areas Through Incentives for Additional ADUs in R1-Zone Neighborhoods
The City shall establish programs to address historically exclusionary single-unit dwelling zones by encouraging and incentivizing the production of ADUs in single-unit residential districts in accordance with program 4.F. This would include allowing an additional ADU to be constructed if the ADU is deed restricted as a rental unit. As ADUs are naturally more affordable by design given their size, the program would help affirmatively further fair housing by helping to provide new housing choices and affordability in high opportunity areas of the City that are largely unaffordable to many people.

Increase equitable access
to all neighborhoods
through nominal density
increases that may
lower the barrier to
housing access in areas
that have historically
excluded diverse housing
opportunities.

August 1,
2022June 30,
2023

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4.D Right to Return Program
The City shall continue to implement a Right to Return Pilot Program and evaluate outreach strategies, applicant demand, the availability of historical documentation, verification processes, compliance with government legislation, and the administrative resources required to implement a broader long-term program. The program will provide priority in City-funded affordable housing and inclusionary housing for up to 100 households or descendants of households.

Address the historical
displacement of Santa
Monica households
resulting from the
development of the
Civic Auditorium and
I-10 freeway through
the Pico neighborhood
during the 1950s and 1960s
that disproportionately
impacted low-income
communities and
communities of color.

Annual
Ongoing

4.E Provide New Housing Choices and Affordability in High Opportunity Areas Through Incentives for SB9 Units in R1-Zone Neighborhoods
The City shall adopt a local ordinance implementing SB9, which shall establish an administrative process without any discretionary action, and shall include strong incentives to densify larger parcels in R1-Zone neighborhoods by allowing property owners on parcels of at least 10,000 sf to add ADUs as allowed under State Law in addition to SB9 projects. In addition, these SB9 units shall be required to be rented or sold. This will open up the possibility for property owners to construct up to 6 units through a multi-step process and create more housing choices and affordability in some of the most affluent areas of the city in accordance with Program 4F.

Increase equitable access
to all neighborhoods
through small increases
that may lower the
barriers to housing access
in high opportunity
neighborhoods.

By June 30,
2023

4.F Establish Target to Increase Housing Production in R1 Zones and Include Mid-Cycle Monitoring The City shall aim to issue at least 47 building permits per year for additional housing units and types in R1 zones. Review progress towards targets by December 31, 2025 and if targets are not being met, adjust land use strategies as necessary and appropriate within one year.

Increase the number of
net new housing units in R1
zones
Assess
progress by
December 31,
2025

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GOAL 5 PROGRAMS
Housing for persons experiencing homelessness

5.A Reduce The Number Of Homeless Individuals Living On The Streets Of Santa Monica Through The Provision Of A Range Of Housing Options, With An Emphasis On Affordable, Permanent, Supportive Housing.

The City shall continue to seek and leverage funds that contribute to the development of a range of permanent, supportive housing options, within and outside of Santa Monica. Focus case management and housing resources on the most chronic and vulnerable homeless individuals that have been identified on the City’s Homeless Service Registry. Continue to serve other priority homeless populations through City- funded programs. Continue strategies to reunite those not first-homeless in Santa Monica with family and friends in their home communities. Review City policies and practices that may contribute to homelessness.

Continue to invest in and
implement housing and
supportive services to
prevent and address the
impacts of homelessness.

Annual
ongoing

5.B Low Barrier Navigation Centers As By-Right Use
The City shall amend the Zoning Ordinance to allow Low Barrier Navigation Centers as a byright permitted use in all non-residential zones permitting multi-unit uses.

Ensure the City’s
regulations and
procedures are in
conformance with
State Law.

December
31, 20223
GOAL 6 PROGRAMS
Provision of housing assistance and supportive programs and services to extremely low-, very low-, low-, and moderate-income households and households with special needs, families, seniors, and the homeless.

6.A Enhance Housing Mobility By Maintaining Rental Housing Voucher Programs Throughout the City And Expand To Assist All Persons With Disabilities
The City shall continue to operate strong rental housing voucher programs throughout the City and advocate for funding guidelines for Section 8 that are competitive for Santa Monica; and shall pursue additional funding to maintain and expand voucher programs, if possible. Review and update the Housing Authority Administrative Plan annually to ensure compliance with the latest HUD regulations and to provide flexibility to respond to tenants’ needs consistent with legal requirements. Utilize vouchers as a tool to prevent senior homelessness where eligible. When available funding opportunities are available, expand the rental housing voucher programs to fill the gap between income levels and the cost of housing for persons with permanent disabilities, including persons with Developmental Disabilities.

Maintain voucher
programs to ensure
availability and
choice of housing
for households at all
income levels.

Annual
ongoing

6.B Seek Funding Sources To Support Rental Assistance For Vulnerable Individuals And Households At-Risk Of Displacement
The City shall continue to pursue and identify new funding sources that support rental assistance programs, including emergency rental assistance to for individuals and households at risk of displacement throughout the city with a goal to provide emergency rental assistance to at least 100 households throughout the city over the Housing Element cycle the extent feasible.

Maintain housing
stability for vulnerable
individuals and
households.

Annual
ongoing

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6.C Maintain And Expand The Preserving Our Diversity (POD) Program The City shall continue to operate the POD program and pursue additional funding to maintain assistance to seniors and evaluate expanding program assistance to other rent burdened residents vulnerable to displacement, if possible. The program shall ensure that POD subsidies do not result in an increase in rents. The City intends the POD Program to serve at least 150 participants within this Housing Element cycle.

Assist POD beneficiaries
in achieving a basic
needs budget.

Annual
ongoing

6.D Information And Outreach Coordination For Tenants And Landlords On Housing Programs And Resources
The City shall prioritize additional education and outreach to tenants and landlords throughout the City to increase awareness of federal and local housing programs and their rights and legal obligations, including Section 8 housing voucher program and anti-discrimination regarding income source. The City shall strengthen outreach and connect vulnerable residents with housing assistance and resources, including, but not limited to, credit counseling and support services addressing resident needs in securing adequate housing and hosting two educational events per year.

Raise awareness of
housing assistance
programs and tenant
and landlord rights and
responsibilities.

Annual
ongoing
subject to
available
staffing
resources

6.E Maintain A Community Development Grant Program
The City shall continue to fund supportive services that serve the priority homeless populations, striking a balance between existing programs that have demonstrated effectiveness and national best practices that are consistent with the City’s adopted Action Plan to Address Homelessness in Santa Monica.

Maintain funding for
programs that service
priority homeless
populations, lowerincome households,
and special needs
populations.

Annual
ongoing

6.F Provide Tenant Relocation Assistance
The City shall continue to implement the Tenant Relocation Assistance program; periodically review existing City policies and ordinances and recommend modifications if deemed necessary, including but not limited to, additional support in locating new housing for displaced residents upon relocation. The City shall continue to prioritize displaced residents on the City’s Below Market Housing waiting list in order to provide opportunities to identify comparable replacement housing within Santa Monica.

Provide displaced
tenants with cashbased relocation
assistance.

Annual
ongoing

6.G Maintain A Temporary Relocation Program
The City shall continue the Temporary Relocation Program, including program oversight and enforcement, and coordination in providing accommodations to minimize impacts to residents including emergency hotel vouchers for tenants who have been ordered to vacate their units by the City for code violations, safety improvements, or maintenance. The City shall continue to require that all temporarily displaced tenants are relocated to comparable housing within Santa Monica, or close proximity, and that temporary relocation is for the amount of time necessary to restore habitability to the dwelling unit or if the landlord demonstrates that tenancy was legally terminated.

Provide temporary
housing for tenants
displaced from their
units due to required
maintenance.

Annual
ongoing

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6.H Maintain Reasonable Accommodations To Ensure Equal Opportunity For Housing The City shall maintain and continue to support reasonable accommodations to ensure equal housing opportunities, consistent with fair housing laws.

Provide regulatory
relief to enable housing
access for disabled
persons.

Annual
ongoing
GOAL 7 PROGRAMS
Eliminate housing discrimination on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, age, marital status, national origin, ancestry, familial status, income level, source of income, disability, veteran or military status, genetic information, or other such characteristics.

7.A Maintain Fair Housing Enforcement and Outreach Program The City shall continue to implement fair housing programs. The City shall educate landlords about discrimination and educate the real estate community on the necessity of ensuring that their practices meet the objectives of the fair housing laws. The City shall also conduct targeted outreach by hosting a Fair Housing Workshop to the general public twice a year that covers fair housing. The City shall also continue to provide and tenant application assistance and support to special needs populations including seniors, persons with disabilities, and individuals transitioning from institutional settings and individuals who are at risk of institutionalization.

Education of tenants
and landlords of
their rights and
responsibilities under
fair housing laws.

Annual
ongoing

7.B Provide Tenant/Landlord Mediation And Legal Services The City shall continue to support tenant/landlord mediation and legal services assistance.

Provide tenant/
landlord dispute
resolution services.

Annual
ongoing

7.C Maintain The Anti-Discrimination Tenant Protection Program The City shall continue to prevent discrimination, tenant harassment, and unlawful evictions through monitoring and enforcing of “just cause” eviction protections, and continue to provide fair housing services through the Public Rights Division of the Santa Monica City Attorney’s Office. The City shall review current laws and recommend any needed modifications to ensure protection of tenants to the maximum extent possible.

Protect existing tenants
from harassment and
unlawful eviction.

Annual
ongoing

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Fair Housing
in the City

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Chapter 2: Assessment of Fair Housing
in the City
Housing is a human right – unfortunately though,
many segments of our population do not have
access to safe and affordable housing. Even
when such housing is available, these units may
not be located in areas that are in proximity to
good jobs, easily accessible public transit, and
other fundamental community features such as
schools and open space. In recognition of the
housing inequalities that endure to this day, the
State legislature passed AB 636 (2018) to require
cities and counties to advance social equity
through meaningful actions that affirmatively
further fair housing (AFFH). This chapter of the
Housing Element provides an assessment of
fair housing in the City as well as programs and
policies to combat “discrimination, overcome
patterns of segregation, and foster inclusive
communities free from barriers that restrict
access to opportunity based on protective
characteristics.” The information provided in
this chapter references and supplements the
analysis in the City of Santa Monica’s Assessment
of Fair Housing (AFH) that was prepared in
accordance with U.S. Department of Housing
and Urban Development requirements and
adopted in April 2020. The Assessment of Fair
Housing (AFH) which is attached as Appendix I
is a thorough examination of structural barriers
to fair housing choice and access to opportunity
for members of historically marginalized groups
protected from discrimination by the federal Fair
Housing Act (FHA).

Redlining
The term “redlining” refers to the
discriminatory policy instituted by the
federal government to create colorcoded maps of every metropolitan area in the country to indicate where
it was safe to insure mortgage.

These maps were based on racial
composition, quality of housing stock,
access to amenities, etc. and were
color coded to identify best (green
“A” grade), still desirable (blue “B”
grade), definitely declining (yellow “C”
grade), and hazardous (red “D” grade)
neighborhoods. Areas of the City that
were predominantly commercial/
industrial were not color coded.

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A. Historical Practices and Policies Leading to Segregation The established neighborhoods of the City today are largely the result of decades of structural racism deeply rooted in Federal, State, and local housing policies. In the early days of Santa Monica, the City had a sizeable population of Blacks/African Americans, who had moved into the City from the 1890s to the early 20th century, as part of larger westward migration patterns based in part on the prospect of new economic opportunities and community available in California. Additionally, beginning in 1904, the job opportunities at the City’s clay pit operations in the eastern portion of the City drew new Mexican immigrants. However, Blacks/African Americans, Mexicans, and other racial and ethnic groups, were met with racism from White residents in the City. In 1922, homeowners formed the Santa Monica Bay Protective League with an agenda of “eliminating all objectionable features or anything that now is or will prove a menace to the bay district ... or prove detrimental to our property values.” One of the ways that this was achieved was through racial covenants on deeds.

Local government also contributed to the patterns of segregation through the adoption of exclusionary zoning. When Blacks/African Americans tried to build a Jazz Club in the Belmar area in the 1920s, City officials used zoning laws to block the project. Single-unit zoning was also seen as a way tool to economically separate the wealthier Whites from Blacks/African Americans and other racial and ethnic groups, including Italians, Japanese, Mexicans, Portuguese and, later Jews. Since many people of color could not afford or were unable to receive mortgages for owning homes, they were excluded from single-family zoned neighborhoods. Today approximately, 35% of all the land in the City is zoned for single-family homes, and very few people of color live in these zones (see Appendix B).

This type of discrimination at the
local level was bolstered by the
federal policy of “redlining” that
arose during the New Deal era
(1930s). The color-coded maps
were first used by the Home Owners’
Loan Corporation (HOLC) and then
the Federal Housing Administration
(FHA) and then adopted by the
Veterans Administration (VA).

This discriminatory practice of
determining who could qualify for
home mortgages based on race,
ethnicity, religion, or immigrant
status led to widespread
segregated communities across
the country, and prohibited Burning a derelict house on Belmar Place on July 1, 1953 Source: Santa Monica Public Library

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people of color from buying homes. In Santa Monica, areas that were redlined included the Pico Neighborhood, portions of the Mid City neighborhood south of Santa Monica Boulevard, and Ocean Park. Areas that were color-coded green or blue generally consisted of the single- family zoned neighborhoods such as the North of Montana and Northeast neighborhoods (Map 2-1).

Map 2-1: Formerly “Redlined” Areas and Single Family Zoning in the City of Santa Monica
In the post-World War II era, the local and Federal government further intensified segregation through the systematic construction of government buildings and highways/freeways that began in the 1950s. Freeways were purposely routed through communities of color or to create physical barriers to separate White and Black neighborhoods. The Interstate 10 freeway in Santa Monica was purposely constructed through the middle of the Pico Neighborhood where most people of color lived instead of using mostly undeveloped land or land with abandoned uses less than two blocks away . The construction of the I-10 freeway in the early 1960s demolished hundreds of homes in the Pico neighborhood, resulting in a loss of family wealth through home ownership. With other Santa Monica neighborhoods still not open to the displaced, many more single-unit homes in the Pico Neighborhood were replaced by apartment buildings.

Santa Monica government officials in the 1950s to 1960s also targeted multiethnic neighborhoods in their plans to modernize the City. The City’s Civic Center today sits atop the historic Belmar Triangle, (which encompassed the area bound by the former trolley line on the north and west [southern part of Main Street today], Fourth Street on the east, and Pico Boulevard on the south). Historically,

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the Belmar Triangle was home to many African American families and other families of color who migrated to Santa Monica.1 Through eminent domain proceedings, the Belmar Triangle was razed to build the Santa Monica Civic Auditorium and part of the Los Angeles County Courthouse grounds.

The City’s annual reports claimed that the Belmar area was “blighted” and that only substandard and dilapidated structures and dwellings were burned down and removed for health and safety reasons.2
Over the years, the development of lower-cost affordable housing has largely followed historic patterns of segregation. Map 2-2 shows the redlining boundaries overlaid with affordable housing that has been constructed or acquired/rehabilitated over the years. Of the affordable units that have been constructed over the years, 49% are in the City’s former redlined areas (which make up 24% of the City).

Map 2-2: Affordable Housing and Formerly “Redlined” Areas in the City of Santa Monica
1 Alison Rose Jefferson, PH.D., The Erased African American Experience in Santa Monica’s History; https://alisonrosejefferson.com/wpcontent/uploads/2021/02/Jefferson.ReconstructionAndReclamation.FINAL_.12.22.2020.pdf 2 Ibid

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B. Integration and Segregation Patterns and Trends

1. Race and Ethnicity
The greater Los Angeles metropolitan area is a melting pot of different cultures, races, and backgrounds.

Unlike the our larger, neighboring City of Los Angeles, Whites still make up the majority of the City of Santa Monica’s population. ESRI (an international supplier of geographic information system (GIS) software) tracks the shifting demographics of race and ethnicity of communities through its Diversity Index. The index shows the likelihood that two people, chosen at random from the same area, belong to different race or ethnic groups. The index ranges from 0 (no diversity) to 100 (complete diversity).

For example, a diversity index of 59 means there is a 59 percent probability that two people randomly chosen would belong to different race or ethnic groups. As shown in Map 2-3, the City’s census tracts have lower diversity indices than most of the surrounding Los Angeles region.

While the City is generally less diverse than the region as a whole, census data shows that the City’s racial makeup is becoming more diverse. As shown in Figure 2-1, Hispanics/Latinos make up the second largest racial group in the City, followed by Asians.

In terms of the racial/ethnic makeup by census tract, there are more predominant populations of Hispanic/Latino residents in the Pico Neighborhood while the remaining areas of the City are predominantly White, Map 2-4 and Map 2-5.

Defining Integration and Segregation
Integration generally means a condition in which there is not a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a particular type of disability when compared to a broader geographic area.

Segregation generally means a condition in which there is a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a type of disability in a particular geographic area when compared to a broader geographic area.

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Figure 2-1: Santa Monica Population by Race and Ethnicity Category 2000 % 2010 % 2018 % 2019 %
White 60,482 71.9% 62,917 70.1% 59,197 64.3% 59,200 64.3% Hispanic or Latino 11,304 13.4% 11,716 13.1% 14,613 15.9% 14,097 15.3% Black or
African American 3,081 3.7% 3,364 3.7% 3,950 4.3% 3,995 4.3% Asian 6,043 7.2% 7,960 8.9% 9,004 9.8% 9,018 9.8%
Two or more races 2,584 3.1% 3,174 3.5% 4,782 5.2% 4,571 5.0% Other 590 0.7% 605 0.7% 532 0.6% 696 0.8%
TOTAL 84,084 89,736 92,078 91,577
Map 2-3: Diversity Index

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Map 2-4: Racial and Ethnic Majority by Census Tract
Map 2-5: Population Distribution of Non-Whites

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2. Racially or Ethnically Concentrated Areas of Poverty (R/ECAPs) and Affluence (RCAA)
R/ECAPs
R/ECAPs are geographic areas with significant concentrations of poverty and minority populations. HUD has developed a census-tract based definition of R/ECAPs. In terms of racial or ethnic concentration, R/ECAPs are areas with a non-White population of 50 percent or more. With regards to poverty, R/ECAPs are census tracts in which 40 percent or more of individuals are living at or below the poverty limit or that have a poverty rate three times the average poverty rate for the metropolitan area, whichever threshold is lower. Households within R/ECAP tracts frequently represent the most disadvantaged households within a community and often face a multitude of housing challenges. R/ ECAPs are meant to identify where residents may have historically faced discrimination and continue to be challenges by limited economic opportunity.

Map 2-6: Racially or Ethnically Concentrated Areas of Poverty and Areas of High Segregation & Poverty

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While there are no R/ECAPs within the City of Santa Monica (Map 2-6), the legacy of past racist planning and housing policies have shaped land use patterns in the City that we see today. There are census tracts in the City that have higher concentrations of non-Whites as well as higher concentrations of low income and moderate income population. In general, the patterns of non-White and lower income households continue to mirror the redline maps with more affluent Whites on the northern and southern ends of the City (Map 2-4) and non-Whites and lower income populations concentrated in the central city near the main transportation corridors (Map 2-7).

Map 2-7: Low to Moderate Income Population by Census Tract This pattern of segregation is also true for renter versus ownership households. The 2020 AFH found that the location of renters and owners in Santa Monica very highly correlates with patterns of residential racial and ethnic segregation. The areas with the highest concentrations of homeownership, such as north of Montana, Ocean Park, and Sunset Park are also the areas that are predominantly White.

The areas with the highest concentrations of renters, such as the Pico neighborhood and Downtown, are areas that contain high concentrations of minorities and/or those with Limited English Proficiency.

The AFH also found that a major contributor to continued racial and ethnic segregation is the economics of high housing and land costs created by zoning, which particularly limits the feasibility of developing of affordable housing in certain areas of the City.

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Map 2-8: Renter Households by Census Tract
RCAA
Racially or Ethnically Concentrated Areas of Affluence (RCAAs) are neighborhoods in which there are both high concentrations of non-Hispanic White households and high household income rates.3 Census tracts that have median income over $132,844 and have 80% of its households as non-Hispanic white are considered RCAAs. As discussed previously, non-Hispanic Whites are the predominant racial/ethnic group in the City, with more predominance in the northern and southern ends of the City.

Additionally, the median household income in most census tracts throughout the City is lower than the RCAA income threshold. However, several census tracts have a median household income above $132,844 (Map 2-9). The three census tracts with median household income above $132,844 and have at least 80% of its households characterized by non-Hispanic Whites are located in Northeast area of the City, as shown in Map 2-10.
3 In response to the R/ECAPs utilized by HUD in its 2015 AFFH rule, scholars at the University of Minnesota Humphrey School of Public Affairs have created the Racially Concentrated Areas of Affluence (RCAAs) metric to more fully tell the story of segregation in the United States.64 Based on their research, RCAAs are defined as census tracts where 1) 80 percent or more of the population is white, and 2) the median household income is $125,000 or greater (slightly more than double the national the median household income in 2016). While this is a useful measure nationwide, HCD has adjusted the RCAA methodology to better reflect California’s relative diversity.

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Map 2-9: Median Household Income Over $130,844
Map 2-10: Racially or Ethnically Concentrated Areas of Affluence

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3. Disability Status
A “disability” is defined as a long-lasting physical, mental, or emotional condition. This can include those with vision, hearing, ambulatory, cognitive, self-care, and independent living disabilities. As further detailed in Appendix B, there are 8,841 Santa Monica residents with at least one disability in 2019. Map 2-11 shows the population of persons with a disability by census tract in the City. The map reveals a slightly higher concentration of residents with disabilities in Downtown and the census tracts to the north and east. This may indicate that persons with a disability have a slight preference for areas nearer to the beach – likely due to a combination of elderly housing sites, concentration of amenities including public transportation, and population density near the coast.

As described in the 2020 AFH report, the primary option for affordable housing for people with disabilities is Housing Choice Vouchers, of which people with disabilities make up more than 50% of residents.

In 2020, five hundred twenty-two (522) people with disabilities reside in units assisted with Housing Choice Vouchers in Santa Monica, but this does not represent a proxy for actual affordable, accessible units. Rather, Housing Choice Vouchers are a mechanism for bringing otherwise unaffordable housing, which may or may not be accessible, within reach of low-income people with disabilities.

Map 2-11: Persons with a Disability

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4. Familial Status
The Fair Housing Act (FHA) bans discrimination based on certain protected classes, including “familial status” which refers to households with at least one child under 18 years old. Appendix B indicates that in 2019, there were 7,750 family households with children under 18 years of age representing 17% of the City’s total households. Of this number, 5,716 are married couple family households, 1,381 are Female-Headed Households (no spouse), and 653 are Male-headed households (no spouse).

Married couple families predominantly reside in the R-1 neighborhoods of the City as compared to single female headed families who are located in R-2 and R-3 neighborhoods.

Map 2-12: Married Couple Family Households with Children Under 18 45,309
Households in
the City
17%
Family Households
with Children
Under 18
26%
Family Households
with Children are
Single Parent
(no spouse)

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Map 2-13: Female Headed Households with Children Under 18 C. Disparities In Access To Opportunity
Where a person lives greatly influences their life outcomes. Housing and neighborhood choice are cornerstones of measuring fair housing and resident stability. A person’s educational attainment, economic mobility, health and well-being, to name a few, are directly impacted by exposure to poverty, neighborhood condition, and access to key opportunities such as high quality schools, jobs, transportation, economic development, and a healthy physical environment. Several agencies, including HUD and HCD in coordination with the California Tax Credit Allocation Committee (TCAC), have developed methodologies to assess and measure geographic disparities in access to opportunity (including education, poverty, transportation, and employment, and environmentally healthy neighborhoods) for areas throughout California.

HUD’s opportunity indices compare data indicators by race and ethnicity, for households below the poverty line, between jurisdictions and for the region overall. Figure 2-2 provides the City’s opportunity indices by census tracts or census block groups and Figure 2-3 provides indices by race.

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Figure 2-2: Santa Monica Access to Opportunity Indices
Census
Tract
Block
Group
School
Proficiency
Jobs
Proficiency
Labor
Market
Index
Low
Transportation
Cost
Environmental
Health
Low
Poverty
Index
701201
1 98 87
81 86 19 86
2 96 91
3 96 91
4 98 87
5 98 91
701202
1 96 92
97 74 7 74
2 98 93
701302
1 97 94
98 69 6 69
2 97 93
701304
1 99 88
97 70 0 70
2 98 91
3 99 92
4 97 93
701402
1 98 94
90 61 0 61
2 98 93
3 98 93
4 97 94
701501
1 96 94
2 98 95 96 77 4 77
3 97 94
701502
1 85 94
2 85 95 87 57 3 57
3 97 94
701601
1 66 93
95 93 8 93
2 96 93
3 96 93
4 96 93
701602
1 85 94
2 85 93 98 54 3 54
3 85 94
701701
1 85 94
2 85 94 73 64 3 64
3 85 94

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Census
Tract
Block
Group
School
Proficiency
Jobs
Proficiency
Labor
Market
Index
Low
Transportation
Cost
Environmental
Health
Low
Poverty
Index
701702
1 85 94 2 85 95 91 31
3 31
3 97 94
701801
1 84 95
50 464 46
2 87 94 3 87 94 4 87 94 5 85 94
701802
1 84 94
44 405 40
2 84 94 3 71 94 4 73 95
701902
1 95 93 2 95 93 61 39
0 39
3 89 93
702002
1 48 93
87 550 55
2 76 92 3 76 93 4 76 93
702102
1 48 88
89 590 59
2 76 85 3 76 87 4 48 88 5 76 89 6 76 89 7 76 87
702201
1 90 92
92 718 71
2 85 91 3 85 93 4 71 93 5 71 91

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Tract
Block
Group
School
Proficiency
Jobs
Proficiency
Labor
Market
Index
Low
Transportation
Cost
Environmental
Health
Low
Poverty
Index
702202
1 85 87
94 70 7 70
2 90 89
3 90 86
4 90 87
5 85 89
702300
1 93 93
84 65 4 65
2 70 89
3 93 92
4 93 93
5 93 93
Figure 2-3: Summary of the Opportunity Indicators by Race (Santa Monica, CA CDBG)
Jurisdiction
School
Proficiency
Index
Labor Market
Index
Jobs Proximity
Index
Transit
Index
Low
Transportation
Cost Index
Low Poverty
Index
Environmental
Health Index
Total Population
White, Non-Hispanic 86.33 87.43 92.18 87.66 93.17 64.91 13.74 Black, Non-Hispanic 84.72 75.22 93.11 87.29 94.69 54.14 11.93 Hispanic 84.48 76.93 92.79 87.25 94.17 58.25 11.62
Asian or Pacific Islander,
Non-Hispanic

86.66 83.66 92.59 87.15 93.36 63.72 12.73
Native American,
Non-Hispanic

83.10 81.09 92.34 87.47 94.50 57.87 11.69
Population below federal poverty line
White, Non-Hispanic 85.69 84.64 92.66 87.88 94.52 59.57 13.05 Black, Non-Hispanic 84.21 64.98 93.53 86.65 95.30 47.35 11.71 Hispanic 82.94 65.98 93.39 86.56 94.37 52.04 10.14
Asian or Pacific Islander,
Non-Hispanic

84.85 83.21 92.67 86.81 93.67 57.06 10.83
Native American,
Non-Hispanic

80.85 81.52 92.92 88.49 95.84 47.65 12.84
(Los Angeles-Long Beach-Anaheim, CA) Region
Total Population
Bla
Hisp
Asia
Non
Nat
Non
Pop
Wh
Bla
Hisp
Asia
Non
Nat
Non
Note
Note
of d
was
juris
the i

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hite, Non-Hispanic 67.87 67.43 54.59 76.59 79.87 65.19 21.35 ck, Non-Hispanic 31.89 35.34 40.72 81.34 83.42 36.07 11.92 panic 37.09 35.73 43.70 80.65 83.98 35.53 12.36
an or Pacific Islander,
n-Hispanic

62.18 57.64 51.11 78.82 82.35 55.03 13.13
tive American,
n-Hispanic

49.49 48.58 45.88 78.04 81.53 48.40 17.68
pulation below federal poverty line
hite, Non-Hispanic 59.42 59.62 56.98 80.43 84.23 53.66 18.46 ck, Non-Hispanic 24.68 26.41 36.90 83.34 85.48 24.12 11.74 panic 30.68 29.50 44.63 83.28 86.96 25.05 10.63
an or Pacific Islander,
n-Hispanic

57.18 51.41 52.88 82.27 86.69 45.45 11.05
tive American,
n-Hispanic

37.54 36.05 47.65 80.82 84.18 33.63 16.22
e 1: Data Sources: Decennial Census; ACS; Great Schools; Common Core of Data; SABINS; LAI; LEHD; NATA e 2: To generate this table, index values were calculated for each census tract. These tract values were averaged and then weighted based on the distribution of people ifferent races and ethnicities within the CDBG jurisdiction, HOME jurisdiction, or CBSA to generate composite index values for each race and ethnicity. A similar process s applied to weight the data based on the distribution of people of different races and ethnicities who are living below the federal poverty line within the CDBG or HOME sdiction and CBSA. The population estimates are based on the 2010 Decennial Census at the census tract or block-group level, depending on the geographic level at whic index was originally calculated. Released June 2020
TCAC has also prepared opportunity maps to identify areas with the highest and lowest resources.

The high resource areas are those areas, according to research, that offer low-income children and adults the best chance at economic advancement, high educational attainment, and good physical and mental health. As shown in Map 2-14 below, the City is generally considered a high resource, with census tract 701802 and 701801 having slightly less resource than the remaining areas of the City.

Map 2-14: High Resource Areas

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The City’s designation as a high resource area is largely attributed to the availability of high performing schools, numerous employment opportunities, easy access to low cost transportation, and environmentally healthy neighborhoods. The analysis of Access to Opportunity summarized below is based on the AFH:

1. Access to Schools
Since there are only three middle/high schools in Santa Monica, disparities in school proficiency are most relevant to elementary school education. This is especially true because elementary school education builds the foundation for success in secondary and post-secondary education, and those without a strong foundation often struggle to catch up to their peers as they mature. As illustrated by Map 2-15, the northern half of the City has significantly higher school proficiency index numbers than the southern half, with a notable dip in proficiency in the Pico, Mid-City, and Ocean Park neighborhoods.

This closely correlates with wealthier households, single-unit zoning, and concentrations of White households. Despite these internal disparities, children in the City regardless of race generally have very high access to proficient schools, with most school proficiency index numbers above the 70s.

With such proficient schools, Santa Monica generally far outperforms the region as a whole.

Map 2-15: School Proficiency Index Map

2. Access to Employment
In the City of Santa Monica, disparities in job proximity are generally modest with Black residents

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experiencing greater slightly greater job proximity followed by Hispanic and Asian American and Pacific Islander residents, with White residents having the lowest job proximity. This indicates that people of color in the City are more likely to live closer to their jobs, within the commercial areas.

With respect to labor market engagement, disparities are somewhat larger. The order in which groups live in neighborhoods with high labor market engagement is, for the most part, reversed (meaning that Whites tend to live in areas with higher labor market engagement while population of color tend to live in areas with lower labor market engagement). One qualification to that overall trend is that Asian Americans and Pacific Islanders live in areas with significantly higher labor market engagement than do Hispanics.

In the City of Santa Monica, disparities in labor market engagement, but not in job proximity, are driven by residential patterns. Black and Hispanic residents, including residents of Mexican national origin, are disproportionately likely to live in the Pico neighborhood while areas such as North of Montana, North of Wilshire, and Sunset Park are more heavily White. As shown in Map 2-16, two Census Tracts that include parts of the Pico neighborhood have Labor Market Indices of 44 and 50, respectively. Of the nine Block Groups in those two Census Tracts, seven are majority non-White. At the same time, the vast majority of Block Groups in Census Tracts with Labor Market Indices of 90 or above have White population concentrations of 70% or more. White residents live in areas that, by far, have the highest labor market engagement. Asian American and Pacific Islander residents live in areas with significantly lower labor market engagement, but the difference is most dramatic for Black and Hispanic residents.

In the region, there are virtually no differences in job proximity by race and ethnicity. Hispanic residents have slightly lower job proximity than other groups, but the disparity is minute. With respect to labor market engagement, however, there are significant disparities. In the region, areas with high labor market engagement are areas with disproportionately high White populations including the City of Santa Monica, westside neighborhoods within Los Angeles such as West Los Angeles, and adjacent cities like West Hollywood and Beverly Hills; neighborhoods of Los Angeles within communities in the southern or western portion of the San Fernando Valley including like Sherman Oaks, Encino, Tarzana, and Woodland Hills; the cities of Pasadena; Manhattan Beach, Hermosa Beach, Redondo Beach, and Palos Verdes in southern Los Angeles County; and most of Orange County outside of the diverse communities of Anaheim, Garden Grove, Santa Ana, and Westminster.

Map 2-16: Labor Market Engagement Index Map

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3. Access to Transportation
The City of Santa Monica has very high levels of utilization of transit. Overall, as shown in Map 2-17, there is very good access to low-cost public transportation, with high transportation indices (i.e., high access to transportation) for the census tracts located along the City’s major boulevards (Wilshire Boulevard, Santa Monica Boulevard, Colorado Avenue). The areas with the lowest access to low-cost transportation (lowest transportation cost index), such as the northeast tract, also have the lowest levels of public transit utilization. Santa Monica is serviced by the Metro “E” (Expo) Light Rail Line, which directly connects Santa Monica to Downtown Los Angeles by rail, and provides for additional rail access to as well as Pasadena, the San Fernando Valley, the South Bay, Long Beach, and points in between. The City is also serviced by Big Blue Bus, which departs the LAX City Bus Center with two lines that run through Santa Monica. These connections to and the extensive LA Metro bus system and light rail network help to make the Region’s transportation system fairly integrated. Santa Monica is fairly small and compact, and well-serviced by public transport. There do not seem to be any great disparities based on residential living patterns. In the Region, however, disparities in access to transportation are far more evident, and heavily dependent on residential living patterns.

Map 2-17: Low Transportation Cost Index Map

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4.Access to Low Poverty Neighborhoods
In the City of Santa Monica, access to low poverty neighborhoods is closely linked to residential patterns of racial and ethnic concentration. Map 2-18 shows the low poverty indices for the City.

The areas with the lowest Low Poverty Indices and thus the highest concentrations of poverty are in the Pico neighborhood and the immediate vicinity of Downtown Santa Monica. These areas have higher concentrations of Black and Hispanic households than the city as a whole. By contrast, the North of Wilshire and North of Montana neighborhoods, with higher White populations, both have higher Low Poverty Indices and thus lower concentrations of poverty In the City of Santa Monica, Black and Hispanic households have lower access to low poverty neighborhoods than do White and Asian American or Pacific Islander households. The disparities are significant but not extreme.

Map 2-18: Low Poverty Index

5. Access to Environmentally Healthy Neighborhoods
Map 2-19 which shows the Environmental Health Hazard indices across the City and substantiates the view that there are significant differences in environmental health between neighborhoods and that those disparities are correlated with neighborhood demographics. The eastern area of NOMA and Northeast neighborhood of the City are the most environmentally healthy than other areas in the City, and have the highest environmental health indices. The Pico neighborhood, current and former industrial areas of the Industrial Conservation zones, and Downtown Santa Monica are more heavily affected by their proximity to the I-10 freeway than are more heavily White neighborhoods

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like North of Wilshire and North of Montana. The Pico neighborhood and Downtown Santa Monica have the lowest Environmental Health Hazard indices, indicating adverse environmental conditions, while the North of Montana neighborhood has the highest indices (Map 2-19).

Map 2-19: Environmental Health Index
Green spaces like Reed Park help to improve the health of a neighborhood, whereas industrial uses like the City Yards in the Pico neighborhood negatively impact the health of a neighborhood.

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D. Disproportionate Housing Needs
Disproportionate Housing Needs generally refers to a condition in which there are significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups, or the total population experiencing that category of housing need in the applicable geographic area. According to the California Department of Housing and Community Development, categories of housing need are based on such factors as cost burden and severe cost burden, overcrowding, homelessness, and substandard housing conditions.

1. Cost Burden and Overpayment
The general rule is that no more than 30% of gross monthly income should be spent on housing.

Households that spend more than this percentage are considered to be “housing cost burdened”.

Severely cost burdened households are those households spending greater than 50% of income on housing. As further detailed in Appendix B and shown below, renter households are significantly more cost-burdened compared to homeowners, with 31.6 percent of renter households burdened by housing costs compared to 9.5 percent of owner households, as shown by Figure 2-4. The areas with the most cost burdened renter households are located in Downtown, and the areas along the I-10 freeway (Map 2-20), while the areas with the most cost burdened owner households are located in the Downtown, north of Downtown, and a couple census tracts south of the I-10 freeway (Map 2-21).

Figure 2-4: Cost Burden and Overpayment for Renters and Homeowners Households
Renters Owners Total Renters
and Owners
Cost
Burdened Total Cost Burdened Total Cost Burdened
% of
Citywide
Extremely Low
Income (0-30% AMI) 5,055 6,145 825 975 7,120 15.4%
Very Low Income
(31-50% AMI) 2,815 3,320 555 770 26,490 8.8%
Low Income
(51-80% AMI) 2,880 4,220 725 1,180 5,400 11.6%
Moderate Income
(80-100% AMI) 1,690 2,685 320 570 7,120 7.0%
Above 100% AMI 2,220 17,135 2,020 9,355 26,490 57.1%
Total 14,660 33,505 4,445 12,855 46,360 15.4%

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% of Total Households 31.6% 9.5%
Map 2-20: Cost Burdened Renter Households
Map 2-21: Cost Burdened Owner Households

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Even after the 1968 passage of the Fair Housing Act, people of color have continued to experience housing inequalities across the nation and within the City. As described in Appendix B Housing Needs Assessment, Black/African American and Hispanic/Latino households in the City have the lowest homeownership rates at 8% and 18%, respectively, far less than the 30% home ownership rate for White households.

Additionally, these households of color pay a greater share of their income towards housing costs given that they have the lowest median household incomes. In the City, Black/African American and Hispanic/Latino households have median incomes of $42,703 and $71,483 respectively, far below the citywide median of $96,570 (Figure 2-5). With the high cost of housing coupled with low wages, approximately 11.7% of Black and 8.6% of Hispanic/Latino family households in the City were costburdened even before the COVID19 pandemic. These cost-burdened households are at greater risk of poverty and homelessness.

Figure 2-5: Median Household Income by Race
Hispanic
or Latino
White Alone,
Not Hispanic
Black
Asian
Two or
More Races
Some
Other Race
$109,528
$71,483
$100,691
$42,703
$105,395
$64,444

2. Overcrowding
Appendix B provides data on household size and overcrowding. The average household size in the City is 1.99. A housing unit that is occupied by more than one person per room (excluding kitchens, bathrooms, hallways and porches) is defined by U.S. Department of Housing and Urban Development (HUD) as being overcrowded. In 2019, 185 owner occupied households and 1,360 renter occupied households were determined to be overcrowded for a total of 1,545 households (3.2% of total City households).

Map 2-22 shows the trends of overcrowded households in the City by census tract. The tract with the most overcrowded households located in Downtown. The percentages of overcrowded households for all census tracts in the City are less than the statewide average of 8.2 percent.

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Map 2-22: Overcrowded Households
Additionally, Black and Hispanic/Latino Households are more likely to be subject to overcrowding or substandard housing conditions (see Appendix B).

3. Homelessness
The surge of homelessness is becoming an urgent reality for many in the City. As detailed further in Appendix B, based on the most recent point in time count, there are approximately 907 homeless individuals in Santa Monica on any given night. In the greater LA region, that number is closer to 66,000. Rising rents, stagnant wages, and a decreased supply of affordable housing means that almost 7,000 people in LA County lose their housing every month. While the last count in 2020 showed positive results including an 8% decrease in Santa Monica compared to a 13% increase countywide, COVID-19 has exacerbated Los Angeles County’s twin crises of housing and homelessness, and stymied interventions due to limited shelter capacity and an overburdened court system.

Racial inequities in housing undoubtedly has worsened due to the pandemic. While the pandemic has affected employment nationwide, its effects have been disproportionate. The job loss has been particularly dire for Blacks/African American and Latinos who experienced exceptionally high levels of unemployment and slow rates of job recovery, and therefore, are most vulnerable to losing their homes.

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Figure 2-6: Santa Monica Homeless Count, 2015 - 2020
200
400
600
800
1000
1200
0 2015 2016 2017 2018 2019 2020

4. Substandard Housing Conditions
Most residential structures begin to show signs of deterioration as they approach 30 years, and often begin to require rehabilitation work to their major components, such as roofing, siding, plumbing, and electrical systems. As provided in greater detail in Appendix B, the 2019 ACS data show that almost 85% of housing in Santa Monica is more than 30 years old (i.e., built before 1990). This is much higher than the 68% measured in 2000, because Santa Monica experienced a major multi-unit construction boom in the 1970s.

The age of a structure does not necessarily equate to substandard conditions, however. Over time, building owners may have performed improvements as necessary to keep the unit in competitive market. Furthermore, many units may have been rehabilitated following the 1994 Northridge Earthquake, which resulted in many buildings being damaged. Another tool to evaluate the condition of housing is through review of Code Enforcement cases regarding violations of the City’s as well as building and safety codes. Since 2015, the City has opened 222 Code violations related to substandard housing conditions.

COVID-19 Effects on People of Color
• Almost quarter of Black and Latino renters did not pay or deferred rent in May 2020, compared with 14 percent of white renters.
• While a quarter of white renters expressed slight or no confidence in their ability to pay rent in June 2020, nearly half of Black and Latino renters expressed similar concern.

Source: US Census Bureau weekly Household Pulse Survey

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E. Displacement Risk
The Urban Displacement Project (UDP) is a research initiative of UC Berkeley that conducts research related to potential gentrification and displacement risks in various cities, including Santa Monica and Los Angeles. Risks are based on a number of factors, such as income levels of households, diversity of neighborhoods, and changing housing costs. Map 2-23 shows the displacement assessment of census tracts in the City. As shown, Census Tract 701802 is the most vulnerable to displacement.

Based on the City’s review of residential buildings that are older than 1980 (i.e. more than 40 years old) and that are underdeveloped relative to its underlying maximum allowable density, up to 274 units are considered at risk of displacement in this census tract.

Map 2-23: Displacement Risk in the City
F. Fair Housing Issues And Local Contributing Factors
During the preparation of the AFH, the City led numerous outreach efforts with various stakeholders and conducted extensive analysis to identify factors that are barriers to fair housing. These factors were prioritized as shown in Figure 2-7.

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Figure 2-7: Barriers to Fair Housing
High Priority

1. Displacement of residents due to economic pressures

2. Impediments to mobility

3. Lack of access to opportunity due to high housing costs

4. Lack of affordable, accessible housing in a range of unit sizes

5. Land use and zoning laws

6. Private discrimination
Medium Priority

1. Availability of affordable units in a range of sizes

2. Community Opposition

3. Lack of affordable, integrated housing for individuals who need supportive services

4. Lack of assistance for transitioning from institutional settings to integrated housing

5. Lack of local or regional cooperation

6. Lack of meaningful language access for individuals with limited English proficiency

7. Location and type of affordable housing

8. Location of proficient schools and school assignment policies

9. Loss of affordable housing

10. Siting selection policies, practices, and decisions for publicly supported housing, including discretionary aspects of Qualified Allocation Plans and other programs

11. Source of income discrimination
Low Priority

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1. Access for persons with disabilities to proficient schools

2. Access to financial services

3. Access to publicly supported housing for persons with disabilities

4. Access to transportation for persons with disabilities

5. Admissions and occupancy policies and procedures, including preferences in publicly supported housing

6. Availability, type, frequency, and reliability of public transportation

7. Deteriorated and abandoned properties

8. Displacement of and/or lack of housing support for victims of domestic violence, dating violence, sexual assault, and stalking

9. Inaccessible public or private infrastructure

10. Inaccessible government facilities or services

11. Lack of affordable in-home or community-based supportive services

12. Lack of assistance for housing accessibility modifications

13. Lack of community revitalization strategies

14. Lack of local private fair housing outreach and enforcement

15. Lack of local public fair housing enforcement

16. Lack of public investment in specific neighborhoods, including services or amenities

17. Lack of private investment in specific neighborhoods

18. Lack of resources for fair housing agencies and organizations

19. Lack of state or local fair housing laws

20. Lending discrimination

21. Location of accessible housing

22. Location of employers

23. Location of environmental health hazards

24. Occupancy codes and restrictions

25. Quality of affordable housing information programs

26. Regulatory barriers to providing housing and supportive services for persons with disabilities The “High Priority” factors identified in the AFH are consistent with public input received during the public outreach process for the Housing Element (see Appendix A). While the City has been a leader in the production of affordable housing for the past few decades and implements a number of actions and programs to address fair housing, factors such as the high cost of housing, existing zoning, and economic pressures compounded with patterns of segregation have made it very difficult for households of color to live in the City. These factors are summarized briefly below in Figure 2-8:

Figure 2-8: Summary of Fair Housing Issues and Local Conditions Fair Housing Issue Identified High Priority Significant Contributing Factors Integration and Segregation;
Disproportionate
Housing Needs; Publicly
Supported Housing
Displacement of residents due to economic pressures
Santa Monica’s rent control law applies to most residential rental buildings constructed prior to 1979 and to certain single-family homes and condos. However, the Costa-Hawkins Rental Housing Act allows owners to raise the rents of rentcontrolled units when tenants relocate or are evicted for non-payment. In addition, the Ellis Act gives property owners the right to exit the rental business, thereby evicting all of their tenants in one fell swoop (usually in the wake of a major remodel or transitioning to condo ownership). Rent-control evictions are on the rise in Santa Monica.

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Fair Housing Issue Identified High Priority Significant Contributing Factors Integration and Segregation;
Disparities in Access to
Opportunity; Publicly Supported
Housing
Impediments to Mobility
There is not a mobility counseling program for Housing Choice Voucher holders assisted by the largest public housing authorities in the Region: the Housing Authority of the City of Los Angeles and the Housing Authority of the County of Los Angeles. As a result, there are informational gaps that impede some residents of heavily Black and Hispanic neighborhoods in the Region from utilizing their assistance to move to high opportunity areas like Santa Monica, other parts of the West Side, coastal and southern Orange County, and the southwestern portions of the San Fernando Valley. Because of the small geographic footprint of the City of Santa Monica, the lack of mobility counseling is a less significant reinforcement of segregation in that local context. Additionally, although the Santa Monica Housing Authority utilizes exception payment standards to bring more apartments in Santa Monica within reach of Housing Choice Voucher holders, housing costs are so high in the city that even higher payment standards may be appropriate.

Disparities in Access to
Opportunity; Disproportionate
Housing Needs; Publicly
Supported Housing
High housing costs
Housing prices within the city of Santa Monica are very high as indicated in Appendix B. Despite the high costs, Santa Monica has taken steps to protect housing stock. The city charter has an inclusionary zoning provision that requires not less than 30% of all newly constructed multifamily housing to be reserved for moderate or low-income families. Santa Monica has also implemented rent control since 1979. It covers all units constructed prior to passage, some units constructed after passage, and in contrast to typical rent control provisions, also covers some single family homes. In the past few Housing Element cycles, Santa Monica has exceeded its RHNA for low income units In addition, there are approximately 1,000 LIHTC units currently in existence and earmarked for low-income households.

However, these provisions largely protect those living in currently Santa Monica.

Despite proximity to Los Angeles and the existence of opportunities within the city, those who don’t currently live in Santa Monica are priced out of living in the city and accessing resources or opportunity the city has to offer. Based on income and family sizes, those who are priced out will tend to be disproportionately Black, Hispanic, and with larger families.

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Fair Housing Issue Identified High Priority Significant Contributing Factors Integration and
Segregation; Disproportionate
Housing Needs
Lack of affordable, accessible housing in a range of unit sizes Persons with disabilities in Santa Monica disproportionately have low incomes and live in poverty, thus increasing their relative need for affordable housing.

In light of the broader affordable housing shortage in the city and the Region, there is a shortage for persons with disabilities. The vast majority of LIHTC units in the area were put into service from 1991-onward, thus conforming with modern accessibility standards. Publicly supported housing is also subject to the modification requirements of Section 504 of the Rehabilitation Act. Nevertheless, new affordable, multifamily units – those that are most likely to be both affordable and accessible – are too few in number to meet the total need. Supportive housing developments often consist primarily or exclusively of one-bedroom apartments.

When it comes to supportive housing for persons with disabilities, although the demand likely consists primarily of a need for one-bedroom units, there are individuals at risk of institutionalization who have dependent children and persons with disabilities who need a live-in aide with their own bedroom. Including a mix of a small number of two- and even three-bedroom units in developments with a supportive housing component would foster greater community integration. 43 Fair housing complaints
responded to in 2021
200+
Hours of dedicated
City staff time for fair
housing outreach and
enforcement
13,000
Inquiries on tenant rights
handled annually

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Fair Housing Issue Identified High Priority Significant Contributing Factors Segregation, R/ECAPs
(in the Region), Disparities
in Access to Opportunity,
Disproportionate Housing
Needs, Publicly Supported
Housing, and Disability
and Access
Land use and zoning laws
Santa Monica is very compact, roughly rectangular, abutting the ocean, and just 8.3 square miles. The street layout and zoning and is very efficient, with the downtown area located along the beach and down the center of the city. Singleunit zoning is located on the northern and southern ends of the City, with denser zoning toward the center of the City and the main transportation thoroughfares.

Specifically, neighborhoods like North of Montana and Sunset Park that are disproportionately White are primarily zoned for single-family homes. The problem is most severe in the North of Montana neighborhood.

The high housing cost of single family homes and the single family homerestricted zoning on either end of the City functionally restricts racial diversity in these neighborhoods, as shown by the disproportionately White and Asian American populations of the neighborhoods. However, Santa Monica has also had an inclusionary housing program in place for 30 years within the Santa Monica Municipal Code (Affordable Housing Production Program) that requires developers to abide by affordable housing requirements, such as designating portions of their buildings for moderate-, low-, very low-, and extremely low-income rental housing.

The City also has a Housing Trust Fund to finance the development, construction, and duration of affordable housing.

Segregation Private discrimination
Given Santa Monica’s very progressive stance and expansive state and local anti-discrimination provisions, the majority of housing discrimination in the city occurs privately, rather than at the hands of the city or state. At Santa Monica Legal Aid, most of the complaints received detail discrimination based on a tenant’s disability, particularly complaints regarding denied request for a reasonable accommodation or modification. The second largest category is Section 8 discrimination, despite Santa Monica’s explicit prohibition against source of income discrimination. The third largest category is discrimination based on familial status.

Santa Monica Legal Aid coordinates with the Santa Monica City Attorney’s office to investigate and resolve these complaints, including initiating lawsuits when necessary.

G. Fair Housing Enforcement And Outreach Capacity
The City of Santa Monica takes fair housing laws seriously and has enacted a number of local laws in support of fair housing including:
• Chapter 4.28 of SMMC, addressing fair housing for families with children, disability, and source of income discrimination

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• Chapter 4.40 of SMMC addressing fair housing regardless of sexual orientation or domestic partnership
• Chapter 4.52 of SMMC addressing fair housing for persons living with HIV/AIDS • Chapter 9.49 of SMMC, addressing reasonable accommodations for persons with disabilities
The City continues to promote fair housing and prevent housing discrimination. The Public Rights Division (PRD) of the City Attorney’s Office enforces Fair Housing Laws, and actively accepts, investigates, and resolves fair housing complaints. The PRD does this through sending demand letters to offending parties, coordinating with the Legal Aid Foundation of Los Angeles, and suing offending parties directly. As part of its investigations and enforcement in fair housing case, the City has continued to enforce local ordinance and State law outlawing housing discrimination based on source of income, such as rental housing vouchers. In 2020, the City responded to 43 fair housing complaints, and in fiscal year 2020-2021, the program resulted in ensuring several dozen landlords will accept Section 8 vouchers, in compliance with State law. The City also funds Legal Aid Foundation of Los Angeles (LAFLA) to pursue fair housing enforcement. Additionally, the City’s Code Compliance staff are available to help relocate people, if necessary. The Santa Monica Police Department is also committed to investigating and resolving hate crimes that may occur in the housing context.

Unresolved fair housing violations are not a significant contributing factor to fair housing issues, as the City of Santa Monica actively pursues enforcement.

The PRD also enforces the City’s Tenant Harassment Ordinance, and the City’s Rent Control Board monitors evictions and advises Santa Monica tenants of their rights. The Rent Control Board continues to engage the community about the protections under Rent Control Law through a number of events and seminars, as well as ongoing one-on-one consultations with tenants and property owners about their rights and responsibilities under the law. More than 13,000 inquiries are handled annually. The Board monitors owner-occupancy evictions to ensure that grounds for eviction is not abused and an inter-departmental task-force addresses issues related to withdrawals under the Ellis Act and the current use of those properties that have been withdrawn from the rental market.

Other recent actions the City has enacted to assure that tenants are not discriminated against or harassed by building owners and address fair housing issues, particularly displacement protection, include:
• In 2010, the Just Cause Eviction protections that were available only for tenants in rentcontrolled units, were extended to all tenants when voters approved Measure RR. • On December 13, 2011, the City Council adopted an ordinance which extended the protections of the Tenant Anti-Harassment Ordinance to all tenants with just cause eviction protections.
• In 2015, the City Council amended the City’s fair housing ordinance to include source

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of income as a protected class and included a pioneering definition of “Source of Income” that included rental housing assistance such as the Section 8 Housing Voucher Program.
• On May 22, 2018, the City Council adopted an ordinance which extends specific tenant protections to households with either educators or students under the age of 18 if the notice of termination falls during the school year.
• In March of 2020, the City issued the first of a series of emergency orders that protected tenants from evictions during the pandemic and economic emergency.

In addition to enforcement, the PRD also annually conducts a campaign to improve community awareness of fair housing laws and spends over $2,500 to undertake fair housing activities including public awareness and advertising in efforts to eliminate housing discrimination in the City. Prior to the COVID19 pandemic, the PRD hosted an annual fair housing workshop that is attended by hundreds of people. The PRD also regularly publishes articles about fair housing in the Santa Monica Daily Press and produces outreach videos on housing. In 2020-2021, the City sponsored or participated in fair housing webinars to promote community awareness and education. Approximately 200 staff hours are dedicated annually in fair housing enforcement work and community outreach.

H. Summary And Actions To Affirmatively Further Fair Housing

1. Current Actions
The City of Santa Monica has adopted numerous policies and actions to protect existing housing stock, prevent discrimination, protect tenants from displacement, and increase the supply of affordable housing, including rent control that has been in place for over 40 years. Santa Monica’s anti-discrimination and strong tenant protections include just-cause evictions, anti-tenant harassment laws, and notice of tenant buyouts; prohibitions on source of income discrimination; the Preserving Our Diversity (POD) program which provides cash-based assistance to low-income seniors; and antidiscrimination laws that afford protections beyond the federal Fair Housing Act and the California Fair Employment and Housing Act. A few of Santa Monica’s current actions to enhance housing mobility, provide housing choice and affordability, and prevent displacement are highlighted below:

Rent Control Law
Santa Monica Rent Control was adopted by the voters in April 1979 in response to a shortage of housing units, low vacancy rates and rapidly rising rents. The law was intended to alleviate the hardship of the housing shortage and to ensure that owners received no more than a fair return. The Regulations were adopted by the Rent Control Board to implement and enforce the Rent Control Law. The rent

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control provisions cover single-family homes, duplexes, triplexes, and apartment buildings. The City’s rent control provides tenant protections and seeks to preserve existing housing stock and maintain naturally occurring affordable housing for its residents. Primary functions of the Rent Control Board include controlling rent amounts, maintaining amenities and services for tenants, provide for only “just cause” evictions, and limiting the removal of controlled units from the rental market, all in efforts to ensure tenant stability and preserving existing housing stock and its affordability. Under the City’s rent control law, tenants may only be evicted if they are at-fault or the landlord wishes to move themselves or their family into the unit.

Proposition R (1990) and the Affordable Housing Production Program Proposition R was passed in 1990 by the voters, and requires that 30% of all new multifamily housing in the City be affordable to low- and moderate-income households. The Affordable Housing Production Program (AHPP) implements Proposition R, making the creation of affordable housing mandatory as part of the development of market-rate apartment and condominium buildings. Developers of new multifamily buildings are required to contribute to affordable housing in Santa Monica, including :
• Constructing inclusionary affordable residences onsite in a development. • Constructing affordable residences offsite in another development. • Paying an affordable housing fee that is used by the City to subsidize affordable housing developments and are deposited into the Citywide Housing Trust Fund.

The City continues to comply with the Proposition R affordable housing production mandate of 30% affordability in the long-term; between fiscal year 1996-97 through FY 2018-19, 38% of all multifamily housing constructed (5,346 total), pursuant to Proposition R, is affordable. The City has exceeded the goals of Proposition R, with 40 percent of all new housing built over the past 20 years being deedrestricted for occupancy by low- and moderate-income households. The City’s Affordable Housing Production Program has produced more than 800 units.

Housing Trust Fund
Additionally, the City has a Housing Trust Fund. Funds come primarily from redevelopment loan repayments and the stream of ongoing revenue provided by the voter-approved sales tax, Measures GS/GSH. The Housing Trust Funds has supported the production of over 1,200 very low and low-income affordable units over the same time period in addition to acquisition and rehabilitation of existing units and rental subsidies to help keep Santa Monicans housed.

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Section 8 Housing Choice Voucher Program
Santa Monica also has made considerable investments into expanding new housing choice and opportunities for low-income households. The Santa Monica Housing Authority operates the Section 8 Housing Choice Voucher program, which provides rental housing vouchers to extremely low- and very low-income households with rent subsidies to bridge the gap between what the household can afford and market rents. Further, the City has been active in preserving affordable housing for seniors through Project-Based vouchers that fund the rehab of affordable units and prevent them from becoming market rate units.

Santa Monica’s Approach to Addressing Homelessness
Santa Monica also has a long history of investing in housing and supportive services to prevent and address the impacts of homelessness. The City’s homeless service system has evolved significantly over 40 years and is nationally recognized as an innovative model that addresses the complex issues that contribute to long and repeated episodes of homelessness. On March 26, 2019, the City introduced the Four “Pillars” upon which the City’s homeless strategies are built:
• Preventing housed Santa Monicans from becoming homeless and increasing affordable housing opportunities;
• Addressing the behavioral health needs of vulnerable residents; • Maintaining equitable access to safe, fun, and healthy open spaces; and • Strengthening regional capacity to address homelessness.

These strategies have been implemented through interdepartmental and community partnerships that contributed to a sustained reduction in homelessness in the downtown and beach areas, as well as an overall 8% reduction in the City’s 2020 Point-In-Time homeless count. In February 2021, in response to the economic and housing challenges brought on by the COVID19 pandemic, the City reaffirmed its commitment to addressing homelessness. In addition to continuing the multi-disciplinary street teams and the Reed Park Ambassador program through June 2023, Council prioritized the following additional strategies for consideration during the forthcoming biennial budget process. • Extended Emergency Rental Assistance to prevent residents from falling into homelessness.
• An alternative non-congregate shelter on City property. • A behavioral health triage center.
• Low acuity crisis response unit in the Santa Monica Fire Department.

Even with the City’s residential protections, programs, and incentives at addressing fair housing issues, the lack of affordable housing to meet the housing needs of low- and moderate income residents, especially for people of color, continue to remain a challenge.

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Pilot Right to Return Program
Most recently on July 13, 2021, Santa Monica City Council made changes to Santa Monica’s Affordable Housing Production Program and Housing Trust Fund to address past urban renewal policies that displaced many households of color. Specifically, the City’s affordable housing waitlist priority will be modified to include those former residents who were displaced by the creation of the Civic Auditorium in the Belmar Triangle neighborhood and I-10 freeway in the Pico neighborhood in the 1950s and 1960s. The pilot program is part of the City’s commitment to equity and inclusion.

2. Future Actions
This Housing Element includes policies and programs further outlining the City’s commitment to remedying the legacy of past housing discrimination practices, breaking down the patterns of segregation , and ensuring fair housing opportunities to all. Chapter 5 of this Housing Element includes programs that provide address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization, and displacement protection These programs are described briefly below :

Enhancing Housing Mobility
Housing Mobility Strategies consist of removing barriers to housing in areas of opportunity and strategically enhancing access. This Housing Element sets forth the following programs that will enhance housing mobility:
• Program 1.C – Incentivize Housing Development On Surface Parking Lots In Residential Zones That Are Associated With Existing Commercial Uses Under Program 1.C, the existing zoning barriers to housing on surface parking lots in the R1 and multiunit residential zones would be removed. Specifically, current zoning restricts the development of surface parking lots that are located in the residential zones. Current zoning limits where vehicular access can be taken on these parcels and also caps the number of residential units that could be developed (e..g, density cap of 4, 5, or 6 units), Program 1.C would remove these existing land use and zoning constraints to housing and adopt new standards to encourage housing projects on surface parking lots. This program would promote access to multifamily housing in the high opportunity areas of R1 and the multiunit residential (R2, R3, R4, OP2, OP3, and OP4) neighborhoods. • Program 3.B - Develop Tenant and Landlord Programs to Address State and Federal Legislation Mandated Regarding Anti-Discrimination
Under program 3.B, the City shall continue to implement programs, including tenant and landlord education/outreach, that strive to protect tenants against landlord discrimination and cancellation of existing Section 8 contracts. Currently, the City has several progressive legal protection programs, such as just-cause eviction protections and a new 2-year pilot

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Right to Counsel program to assist tenants facing evictions. • Program 3.C- Facilitate the Conservation of Restricted and Non-Restricted At-Risk Housing Under Program 3.C the City will continue to provide information on maintaining long-term affordability and assist federally-funded housing properties with seeking funding assistance by applying for allocations of housing vouchers from the federal government to maintain housing affordability.
• Program 6.A - Maintain Rental Housing Voucher Programs And Expand To Assist All Persons With Disabilities
Under Program 6.A, the City will continue to:
• Maintain and operate the Section 8, Housing Choice Voucher Program • Maintain a City-wide list of affordable rental vacancies in partnership with Community Corporation of Santa Monica
• Program 6.D - Information And Outreach Coordination For Tenants And Landlords On Housing Programs And Resources
Under Program 6.D, the City will continue to:
• Provide education and outreach to tenants and landlords to increase awareness about federal and local housing programs, including Section 8 housing voucher programs
• Provide education and outreach to tenants and landlords to increase awareness about federal and local housing rights and legal obligations, including antidiscrimination regarding source of income • Enforce the Affirmative Marketing Policies that are required as part of HOMEassisted rental development Programs to enhance housing mobility also address the following high priority factors identified in the City’s 2020 Assessment of Fair Housing:
• Impediments to mobility
• Lack of access to opportunity due to high housing costs • Lack of affordable, accessible housing in a range of unit sizes • Land use and zoning laws
• Private Discrimination

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Providing New Housing Choices and Affordability in High Opportunity Areas Housing choice strategies promote the housing supply, choices and affordability in areas of high opportunity and outside of areas of concentrated poverty. This Housing Element sets forth the following programs that will provide new housing choices and affordability in high opportunity areas:
• Program 1.C - Incentivize Housing Development On Surface Parking Lots In Residential Zones That Are Associated With Existing Commercial Uses As discussed previously, current zoning restricts the development of surface parking lots that are located in the residential zones. Program 1.C would remove these existing land use and zoning constraints to increase housing in the high opportunity areas of R1 and the multiunit (R2, R3, R4, OP2, OP3, and OP4) neighborhoods. • Program 1.J - Revise Development Standards To Ensure Housing Projects are Feasible Incentivized Over Commercial Development.

In some areas of the City, such as the Neighborhood Commercial districts of Main Street and Montana Avenue, housing is a permitted use. However, due to a number of factors including zoning code limitations on development, housing has not traditionally occurred in these areas. Furthermore, a financial analysis on residential development standards prepared for the City indicate that housing projects are unlikely to occur in the remaining mixed-use areas of the City such as the boulevards, and Bergamot Area due to land use and zoning restrictions on height and floor area ratios. To incentive housing, Program 4.B would rezone and modify the development standards in all the mixed-use and commercial zoning districts to allow housing projects to have greater density and height than commercial projects. This program would incentivize housing over commercial and create new housing choice.
• Program 4.C - Provide New Housing Choices And Affordability In High Opportunity Areas Through Incentives For Additional ADUs In R1-Zone Neighborhoods The construction of new ADUs in recent years has increased housing opportunities in single -family zones, areas which have traditionally been out of reach for renters. The vast majority of new ADUs constructed or under development in the past 3 years have been in R1 neighborhoods, providing a valuable source of rental housing access in otherwise, high cost neighborhoods. Under State law, properties are permitted to have one ADU and one JADU. This program will further allow one more ADU on single-unit dwelling parcels with the requirement that the additional third ADU be restricted to permanent rental housing.

This program will incentivize the production of ADUs thus providing new housing choice and affordability in the high opportunity areas of the R1 neighborhoods. • Program 2.A - Establish a 100% Moderate Income Housing Overlay Moderate Income housing projects currently have no dedicated funding source or incentives under local or State law. Since AB 1763 only applies to projects up to 80% AMI and the City’s

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Zoning Ordinance similarly defines 100% affordable housing as only including projects up to 80% AMI, there are no incentives for moderate income housing projects (serving households up to 120% AMI). In the 5th Cycle Housing Element, Santa Monica did not meet its RHNA targets for moderate income units. Moderate-income housing units serve an important segment of Santa Monica workers and residents that do not qualify for lower-income affordable units yet cannot afford market rents. Program 2.A would create a new zoning overlay to incentivize moderate income housing projects in the targeted areas of the City such as Downtown area, Bergamot area, and the immediate area around the 17th St station. 100% Moderate Income housing projects would be incentivized through special standards such as additional height (at least 33 feet additionally), density bonus, and reduced parking requirements. This program will incentivize the production of moderate-income housing thus providing new housing choice and affordability in the high opportunity areas around the Metro E transit stations.
• Program 2.C Update the City’s Affordable Housing Production Program (AHPP) to Incentivize Housing Production at All Income Levels
The City’s long established AHPP program has produced over 800 affordable units – expanding housing choice and affordability for many Santa Monica residents. Despite the success of the AHPP, there is still a significant gap between the housing needs of low-income households and the availability of affordable units. To further incentivize the production of affordable units at various income levels, Program 2.C would establish a new base affordability percentage of 15% for with the inclusionary units provided equally among very low-, low- and moderate-income levels. Program 2.C would also establish new more flexible requirements for in-lieu fees and off-site affordable housing. • Program 4.A - Zoning Ordinance Amendment To Permit Multiple-Unit Housing In Nonresidential Zones Where Not Currently Permitted
Currently, multi-unit residential is not permitted in certain commercial areas of the City; namely, the Industrial Conservation District, Office Campus, Creative Arts Center, and Conservation Creative Sector. Residential uses are not permitted in these zones, even though there may be existing residential uses that were developed in the past. Furthermore, areas within some of these zoning districts have significant housing potential with access to residential amenities, such as transit, commercial uses, parks, schools, and infrastructure.

Program 4.A would add housing as a permitted use in these zones, creating new housing choices and affordability.
• Program 4.B - Facilitate The Development Of Housing On Surface Parking Lots Owned By Community Assembly Uses
Parking lots of religious congregations are largely located in multi-unit residential zones presenting a unique opportunity to expand housing choice in these areas. During the Housing Element outreach process, the City met with a variety of religious congregations

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through the Westside Interfaith Council. A handful of congregations have expressed strong interest in developing affordable housing on the parking lots of their sites. This program would adopt special standards in the Zoning Ordinance to support the production of affordable housing on surface parking lots owned by community assembly uses, which include religious congregations, including allowing some, but not more than 50%, marketrate units to support the affordable housing. With this program, properties associated with religious congregations and other community assembly uses in the multi-unit residential zones would be opened to new housing opportunities.
• Program 6.H - Maintain Reasonable Accommodations To Ensure Equal Opportunity For Housing
In the 2015 Zoning Ordinance update, Santa Monica adapted reasonable accommodation procedures (SMMC Chapter 9.49) that specify the applicability of eligible applicants and requests, application requirements, reviewing authority and procedures, findings and decisions, appeal process, and the duration limits of the accommodation. The City will maintain and continue to support reasonable accommodations to ensure equal housing opportunities, consistent with fair housing laws.

Programs to enhance housing choice in high opportunity areas also address the following high priority factors identified in the City’s 2020 Assessment of Fair Housing:
• Impediments to mobility
• High housing cost
• Lack of access to opportunity due to high housing costs • Lack of affordable, accessible housing in a range of unit sizes • Land use and zoning laws
Programs to encourage community conservation and revitalization also address the following high priority factors identified in the City’s 2020 Assessment of Fair Housing:
• Displacement of Residents due to Economic Pressures
• High housing cost
• Lack of affordable, accessible housing in a range of unit sizes

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Place-based Strategies to Encourage Community Conservation and Revitalization:

These strategies involve approaches that are focused on conserving and improving assets in areas of lower opportunity and concentrated poverty such as targeted investment in neighborhood revitalization, preserving or rehabilitating existing affordable housing, improving infrastructure, schools, employment, parks, transportation and other community amenities.

As a compact city of 8.3 square miles with a costly housing market, the City doesn’t have the same level of distinct lower opportunity and concentrated poverty areas as other cities in the Region, such as the City of Los Angeles. This is evidenced by the fact that the entire City is considered to be a high opportunity area. Even so, some census tracts particularly adjacent to the I-10 freeway may have slightly less resources and opportunity than others. Therefore, this Housing Element sets forth the following programs that will provide promote community conservation and revitalization:
• Program 3.C - Facilitate The Conservation Of Restricted And Non-Restricted At-Risk Housing.

The City monitors the status of at-risk projects within the City, advise tenants in advance of potential conversion dates, and assist in answering questions from residents of at risk housing. The City will continue these actions and exercise its right of first refusal to purchase properties if necessary and financially feasible to ensure the continued availability of affordable housing units.
• Program 3.D - Maintain An Acquisition And Rehabilitation Program The City provides Housing Trust Fund loans to nonprofit housing providers to assist with the purchase and rehabilitation of existing rental properties occupied primarily by low-income households. As resources are available, the City will continue to provide loan assistance to nonprofit affordable housing providers and work with providers to identify new funding sources.
• Program 3.E - Maintain A Low Income Residential Repair Program The City implements the Residential Rehabilitation Program for owners of multifamily rental properties occupied by low- and moderate-income tenants; and the Owner-Occupied Rehabilitation Program for low- and moderate-income owners. Minor home modifications improve physical access for people with disabilities and seniors that assist with independent living. The City will continue to implement this program. • Program 3.F - Enhance Code Enforcement Response To Housing-Related Violations The City’s Code Enforcement and Building and Safety Divisions respond to residential building code violation complaints. The City will continue this program and will coordinate with the Housing and Human Services Division to provide information on available rehabilitation assistance to correct code deficiencies.
• Program 3.H - Information And Outreach For Property Owners Regarding Rehabilitation

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And Maintenance Of Housing Units
The City will continue to provide additional education and outreach to multi-unit property owners on available City programs and support continued rehabilitation, maintenance, repairs, and upgrades of their housing units.
• Program 6.B - Seek Funding Sources To Support Rental Assistance For Vulnerable Individuals And Households At-Risk Of Displacement
The City will continue to pursue and identify new funding sources that support rental assistance programs, including emergency rental assistance to the extent feasible. • Program 6.C - Maintain And Expand The Preserving Our Diversity (POD) Program The City will continue to operate the POD program and pursue additional funding to maintain assistance to seniors and evaluate expanding program assistance to other rent burdened residents vulnerable to displacement, if possible.

Displacement Protection
As discussed previously, while the City already implements a number of programs and actions aimed at keeping residents housed, the inevitable economic pressures of the housing market have resulted in the displacement of residents. A fundamental guiding principle of the Housing Element is the preservation of existing housing stock. The primary reason why the existing multi-unit zones (R2, R3, R4, OP2, OP3, and OP4) are not being proposed for rezoning is due to the fact that most of the City’s rent control housing stock are located in these areas.

Map 2-24: Zoning and Rent Control Units
Programs to protect tentants from displacement also address the following high priority factors identified in the City’s 2020 Assessment of Fair Housing:
• Displacement of Residents due to Economic Pressures
• High housing cost
• Lack of affordable, accessible housing in a range of unit sizes

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Chapter 3: Goals and Policies
The Housing Element includes seven goals that create the framework for how the City of Santa Monica will address the community’s housing needs over the next eight years. These goals were reviewed as part of the community process for this Housing Element update. The policy goals of this Housing Element focus on:

Affordable Housing Production: Prioritize affordable housing on City-owned sites and remove barriers to affordable housing production in all areas of the City.

Market-Rate Housing Production: Continue to support the production of new market-rate housing around major transit stops and along major corridors.

Affirmatively Furthering Fair Housing: Decisions regarding distribution of new development are viewed through the lens of providing equitable housing access to all neighborhoods.

Housing Assistance: Continue to prevent displacement of existing households by providing financial and technical assistance for the provision of housing for all income groups and household types including families with children, seniors, persons with disabilities, and others with special needs.

Address Homelessness: Prevent housed Santa Monicans from becoming homeless and continue to address the special
need to provide housing and supportive services for the homeless in the community with an emphasis on the
most chronic and vulnerable individuals.

Balancing Housing with Other City Goals: Incorporate
other community goals related to economic
sustainability and environmental objectives with
the production, conservation, and protection of
housing. These include encouraging a balance
between housing and economic development,
sustainable development, providing supportive
services, and increasing walkability and nonmotorized forms of transportation.

Assuring Equal Housing Opportunities: Continue to
assure equal access to housing for all.

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GOAL 1
Production of new housing that is sustainable, innovative, safe and resilient, appropriate with the surrounding neighborhood, offers opportunities for active and healthy living, including walking and biking, and increases equitable housing opportunities.

In Santa Monica, the demand for
housing greatly exceeds the supply.

This has resulted in Santa Monica
being one of the most expensive
places to live in the country. The City
is required by the State to address this
housing shortage by planning for its
Regional Housing Needs Allocation
(RHNA). In the past eight years,
the City produced 3,643 units, well
exceeding its established 5th Cycle
RHNA of 1,674 units. The City’s target
for this 6th cycle Housing Element
is 8,895 units, an average of about
1,100 housing units annually. This
number is more than 5 times larger
than the allocation required in the
prior Housing Element cycle. Meeting
this housing target will be challenging
and will require the enactment of
new policies and programs to
bolster housing production.

Since then, the City adopted the
Land Use and Circulation Element
in 2010, updated the Sustainable City
Plan in 2014, updated the Urban Forest
Master Plan in 2017, and adopted a
Climate Action and Adaptation Plan in 2019. All of these plans provide the foundation for the creation of sustainable and healthy communities. New housing plays an important role in achieving the City’s goals to reduce vehicle miles traveled, reduce greenhouse gas emissions, expand the tree canopy, and promote environmental justice.

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POLICIES
Policy 1.1 Adequate Land for Housing. Provide adequately zoned sites for all types of housing, particularly multi-unit housing in locations near major transportation hubs and services that promote active living in addition to areas that have historically excluded diverse housing opportunities.

Policy 1.2 Housing Production Incentives. Encourage and provide adequate development standards and incentives for the production of housing, particularly affordable housing.

Policy 1.3 Adaptive Reuse. Encourage and provide incentives for adaptive reuse of existing commercial buildings for housing.

Policy 1.4 Design of Housing. Ensure that the design of new housing development is responsive to the surrounding context.

Policy 1.5 Innovative and Sustainable Housing Design. Ensure that local regulations support:
sustainable construction techniques and materials to the extent technically feasible, environmental justice that protects public health, open space, and expansion of the tree canopy.

Policy 1.6 Housing for Special Needs. Maintain development standards that promote the development of special needs housing, such as affordable senior, accessible, and family housing.

Policy 1.7 Review of Housing Constraints. Periodically review City taxes, fees, and regulations to ensure that they do not constrain housing development.

Policy 1.8 Streamlined Housing Process. Continue to evaluate and provide an expedited and coordinated permitting process and design review, particularly for housing projects, including those using innovative and sustainable construction techniques and materials.

Policy 1.9 Partner with School District and Community College District for Housing. The City shall seek opportunities to work with the School District and Community College District to facilitate housing development.

Policy 1.10 Funding for Affordable Housing on City-Owned Sites. Pursue grant funding opportunities to facilitate affordable housing on City-owned sites

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GOAL 2
Housing production for all income categories including for the community’s workforce and most vulnerable communities.

While it is generally recognized that
Californians pay more for housing
than the average American, Santa
Monica’s housing costs are among
the highest in the nation. There
are a variety of negative effects
caused by a lack of affordable
housing. With a greater share
of household incomes spent on
housing costs, households are left
with less money available to spend
on basic necessities. Having less
money available for non-housing
costs often means that low income
households will have less savings
in the bank, putting them at risk for
poverty or preventing them from
rising out of it.

The City’s economy is supported by
a diverse variety of industry sectors
but remains heavily dependent
on the food/accommodation and
retail trade sectors. This sector employs approximately 25% of the workforce but has generally lower wages than other sectors. With lower income jobs also in other major employment sectors such as education and healthcare, 91% of workers cannot afford to live in Santa Monica. Additionally, the artist community of Santa Monica is a unique sector that should be preserved and uplifted through housing opportunities. Artist special housing needs, like live-work units, should also be considered.

Affordable housing in Santa Monica has been produced from two sources: market-rate housing and public assistance such as the City’s Housing Trust Fund. Market-rate housing is required to provide affordable housing or pay an in-lieu fee through the Affordable Housing Production Program (AHPP).

In the last eight years, the City has constructed 982 affordable housing units, which represents 27% of the total units produced. As part of this Housing Element update, the City of Santa Monica must

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adequately plan for and accommodate a total of 6,168 new affordable housing units, which represents 69% of the City’s overall RHNA.

While the City generally provides several process and development incentives in support of 100% affordable housing projects, the major barriers to the production of affordable housing include:
• Lack of funding
• Land costs
• Insufficient height and density standards necessary to produce units • Commercial prevailing wage requirements for buildings 5 stories and above. • Neighborhood opposition
The City has worked to overcome these barriers over the past 40 years by supporting 100% affordable housing on city-owned land resulting in the production of 770 units of affordable housing. The long-term affordability of these units has been guaranteed through recorded deed restrictions or in the case of property sale, the City has negotiated for right of first option to purchase for a low, fixed amount in the event of future sale. As such the City has a demonstrated history of continuously leveraged public land to produce affordable housing for the benefit of the community.

POLICIES
Policy 2.1 Affordable Housing Financing. Encourage innovative private sector and governmental programs to promote the financing and development of housing for extremely low-, very low–, and low-income persons and for moderate income families.

Policy 2.2 Local Assistance for Affordable Housing. Focus available resources (including City-owned land and Housing Trust Funds) to assist for- profit and nonprofit housing providers to develop housing for extremely low–, very low–, and low-income households.

Policy 2.3 Advocacy for Legislative Changes. Support the enactment of federal, state, and local legislation to provide funding and incentives for the preservation and development of housing that is affordable to very low–, low–, and moderate-income households, and to accommodate special needs.

Policy 2.4 Local Incentives and Streamlining for Affordable Housing. Continue to encourage and provide development opportunities and incentives, expedited permit review, and reduced planning fees to increase the production of affordable housing including extremely low-, low-, very- low, and moderate-income households.

Policy 2.5 Homeownership Opportunities. Explore ways to encourage the development of ownership housing for affordable to moderate-income households and the City’s workforce, including opportunities for employer- provided permanent housing.

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Policy 2.6 New Funding Sources. Work with local nonprofit community organizations to tap into new funding sources and support local capacity to develop affordable housing on an ongoing basis. Explore private arts funding for artist housing.

Policy 2.7 Support for Senior Housing. Encourage and support development of senior housing and facilities to meet the needs of seniors, particularly for the oldest senior cohort, including consideration of a preference for “aging in place” along with the need for more congregate housing and residential care facilities.

Policy 2.8 Support for Special Needs Housing. Consider incentives and requirements to ensure that new residential development accommodates a mix of household types and sizes that include a person(s) with special needs.

Policy 2.9 New Housing Models. Encourage proposals for new housing types, such as co-housing, and assess their feasibility and benefits on a case-by-case basis.

Policy 2.6 Maintenance, Improvement and Development of Housing for Persons with Disabilities. Explore alignment with the Voluntary Compliance Agreement (VCA) between the City of Los Angeles and HUD for, Santa Monica to potentially require at least 15% of total units in all newly constructed multi-family developments receiving public funds where City funds are leveraged with Low-Income Housing Tax Credits to be accessible to persons with mobility disabilities and at least 4% of total units to be accessible for persons with hearing and/or vision disabilities.

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GOAL 3
Preservation of the existing supply of housing and prevent displacement of existing tenants.

In 2020, Santa Monica’s total housing stock consisted of approximately 52,629 total units, 11,572 of which are single-unit residences and 40,853 of which are within multi-unit residential structures.

Although there are over 11,000 single-unit dwellings, there are only around 6,500 parcels zoned R1, meaning many are located within multi-unit zones. The total housing stock includes affordable housing units and rent-controlled units, which are valuable assets to the City as they provide housing opportunities to low and moderate-income households.

There are currently 3,902 publicly-assisted affordable units located within the City of Santa Monica.1 An estimated 770 units are at-risk of converting to market rate by 2031. In addition, as of December 31, 2020, there were 27,429 rent-controlled units in the City.2 Rent controlled units help ensure that rental costs do not outpace existing wages, and therefore, play a crucial role in keeping existing residents housed.

Figure 3-1: Age of Housing Stock
0%
2%
4%
6%
8%
10%
12%
14%
16%
18%
20%
981
2014
or later
880
2010-
2013
3,280
2000-
2009
2,838
1990-
1999
4,426
1980-
1989
10,227
1970-
1979
9,018
1960-
1969
7,116
1950-
1959
4,901
1940-
1949
7,457
1939
or earlier
Deed-restricted affordable housing and rent- controlled units contribute significantly to the City’s housing affordability. Preserving and rehabilitating existing housing stock is a key anti-displacement tool that prevents existing households from becoming unhoused. The vast majority of the City’s housing stock was built before 1980, see Figure 3-1 above. As these units age, they will be at risk of being demolished due to deteriorating conditions if not properly maintained. Some of the City’s existing housing stock will be protected as a result of SB330, which prohibits a project that will demolish 1 These include units produced with federal funding assistance, federal/state tax credits, redevelopment tax increment, City housing trust funds, City Multi-family Earthquake Repair Loan (MERL) Program Assistance and Los Angeles County Housing Authority owned units.
2 City of Santa Monica, Rent Control 2020 Annual Report

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existing residential units and would not replace, at a minimum, the same number of new residential units. This will address existing multi-unit housing properties of five units or less that are particularly vulnerable to redevelopment and replacement. Additionally, the new allowance for ADUs on existing multi-unit properties not only creates more housing opportunities but may also encourage property owners to retain their rental properties. However, there remains existing multi-unit housing properties in the City that have fewer units than maximum allowable density and as such, could be at risk for demolition and redevelopment by a housing project that proposes a higher number of new units.

POLICIES
Policy 3.1 Support the City’s Rent Control Law. Ameliorate the effects of the Costa- Hawkins vacancy de-control regulation on the affordable housing stock.

Policy 3.2 Preservation of Naturally Occurring and Deed Restricted Affordable Rental Housing. Explore strategies to preserve naturally occurring, rent-controlled, and restricted affordable rental housing.

Policy 3.3 Protection of Rental Units. The City shall continue to protect rental housing by restricting the conversion of rental units to ownership units or for uses other than permanent rental housing.

Policy 3.4 Replacement of Demolished Multi-Unit Housing. The City shall ensure the reasonable replacement of multi-unit housing that is demolished.

Policy 3.5 Availability of Affordable Housing. The City shall ensure the continued availability and affordability of housing for very low-, low-, and moderate-income households.

Policy 3.6 Rehabilitation Assistance. Provide rehabilitation assistance to maintain, improve, and extend the use and livability of the City’s aging residential buildings. Explore expansion of existing and new rehabilitation programs that may also result in short-term and longterm deed-restricted affordable units.

Policy 3.7 Public and Private Funding for Rehabilitation and Preservation. Encourage and promote the use of public and private funding to provide rehabilitation, home improvement, and maintenance loans and grants with priority given to affordable units at risk of conversion, and multi-unit rental housing.

Policy 3.8 Continued Maintenance of Existing Housing. Ensure continued maintenance of existing housing and that property owners are made aware of City programs to promote capital improvements to rental housing. Consider property owner incentives to encourage continued maintenance, repairs, and upgrades to housing that addresses the health and safety needs of the residents while respecting the character of the structure.

Policy 3.9 Legal Support for Residents. Continue to provide and strengthen anti-discrimination legal assistance and support for tenants facing harassment or eviction in efforts to prevent displacement of existing tenants.

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GOAL 4
A community that provides equitable housing access to all neighborhoods.

The City of Santa Monica is generally more
homogenous than the County as a whole. The
majority of the City’s residential population is White, followed by Hispanics and Asians, respectively.

Blacks represent 4% of the population. One of the
likely barriers to living in the City for non-Whites
is the high cost of housing. Hispanics and Black
households have the lowest median income in the
City and County as a whole, and as a result, are
often priced out of housing opportunities in the City.

For those households of color that can afford to live
in Santa Monica, many of them are concentrated
in neighborhood pockets of the City along the I-10
Freeway, and within the Pico, Downtown and MidCity neighborhoods.

These patterns of segregation are largely the result
of decades of structural racism deeply rooted in
Federal, State, and local housing policies. This
includes the adoption of exclusionary zoning,
which was used primarily as a way to economically
separate the wealthier Whites from Blacks/African
Americans and other people of color. Since many
Blacks/African Americans could not afford or
were unable to receive mortgages to purchase
homes, they were effectively driven out of singlefamily zoned neighborhoods. The federal policy of “redlining” that arose during the New Deal era
(1930s) also have contributed to the patterns of segregated neighborhoods. This discriminatory practice of determining who could qualify for home mortgages based on skin color led to widespread segregated communities across the country and prevented Blacks/African Americans from buying homes. In Santa Monica, areas that were redlined included the Pico Neighborhood, portions of the Mid- City neighborhood south of Santa Monica Boulevard, and Ocean Park. The pattern of redlined areas directly correlate with the areas where the non-White population, lower income households, and renter households are concentrated.

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Figure 3-2: Santa Monica Population by Race, 2019
65%
White
10%
Asian
4%
Black or
African
American
15%
Hispanic
or Latino
5%
Two or
more races
1%
Other

POLICIES
Policy 4.1 Access to Opportunities. Promote access to environmentally healthy neighborhoods that offer transportation services, jobs, high performing schools, parks, and residential amenities – particularly in areas that have historically excluded certain segments of the population.

Policy 4.2 Equitable Distribution of Housing for All Income Levels. Encourage fair distribution throughout the City of all housing types for extremely low–, very low-, low-, and moderate-income persons including the most vulnerable communities and the housing insecure.

Policy 4.3 Targeted Investments. Strategically target housing creation and preservation strategies (e.g., public funding, incentives, infrastructure investments, etc.) and diverse housing types in locations that will help overcome historic patterns of segregation as well as programs and measures such as a “Right to Return” program that will help support historically displaced families and individuals in Santa Monica with housing.

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GOAL 5
Housing for persons experiencing homelessness.

Even prior to the COVID- 19
pandemic, homelessness was
and continues to remain a
regional and local challenge.

Homelessness is driven by a
multitude of factors, including:
inadequate housing supply at all
affordability levels, rising rents that
have outpaced stagnant wages,
and discriminatory housing and
employment policies that have
kept low-income populations and
people of color in poverty. These
challenges are compounded
by insufficient and inconsistent
access to medical and behavioral
healthcare, as well as other
essential supportive services.

Up until 2020, City staff and volunteers had conducted annual point-in-time counts to approximate the number of homeless individuals within the City borders, along with a count of shelter use that same night. The last recent count took place on the night of January 22, 2020 with a total of 907 individuals counted outside on the streets, in cars and encampments, and in shelters and institutions within the City.

While this number represented a decrease from 2017, the situation is expected to worsen due to the economic recession caused by the COVID-19 Pandemic, especially once the City’s eviction protection moratoriums expire.

The City’s unhoused population includes veterans, women, persons with disabilities, older adults, and other vulnerable groups. A disproportionate number of Blacks/African Americans experience homelessness in Los Angeles County while the proportion of other racial and ethnic groups are either under or equal to their prevalence in the general population, making it clear that homelessness is also a social justice issue.

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Figure 3-3: Homeless Count, 2015 - 2020
City of Santa Monica Service Planning
Area 5 - Westside Los Angeles County
2015 738 4276 41174
2016 728 4659 43854
2017 921 5411 52442
2018 957 4401 49955
2019 985 5262 56257
2020 907 6009 66436
Source: Los Angeles Homeless Services Authority, https://www.lahsa.org/homeless-count/

POLICIES
Policy 5.1 Regional Fair Share Approach. Encourage a regional fair share approach to providing housing opportunities and assistance to homeless, extremely low-, very low-, and lowincome households, and households with special needs.

Policy 5.2 Housing and Supportive Services for the Homeless. Match housing and supportive service resources to the needs of priority homeless populations: Santa Monica’s chronically homeless; those whose last permanent address was in Santa Monica; and vulnerable members of Santa Monica’s workforce.

Policy 5.3 Removal of Barriers to Supportive Housing. Remove barriers to the provision of low barrier navigation centers, emergency shelters, and supportive/transitional housing.

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GOAL 6
Provision of housing assistance and supportive programs and services to extremely low-, very low-, low-, and moderate-income households and households with special needs, families, seniors, and the homeless.

Certain segments of the population may have greater difficulty in finding decent, affordable housing due to special circumstances. Populations requiring housing assistance and supportive programs include low-income households, the elderly, persons with disabilities, families, persons in need of emergency shelter, and persons with developmental disabilities.

In 2017, 15.4% of the City’s total households were Extremely Low Income (0% to 30% AMI), 8.8% were Very Low Income (31% to 50% AMI), 11.6% were Low Income (51% to 80% AMI), and 7.0% were Moderate Income (80% to 100% AMI). Income disparity by racial group is apparent at the City level. Households of colors are more likely to have lower income levels than White households.

Many lower-income families are considered housing cost-burdened - spending more than 30 percent of their monthly income for housing costs, leaving very little left for other basic needs like healthcare, food, and transportation. Others are forced into overcrowded or substandard housing conditions or join the increasingly large population of people experiencing homelessness.

The elderly population, large families, families with children, and individuals with disabilities also require support, as they may have specific housing requirements that are necessary for access and enjoyment of their residence.

Figure 3-4: Household Affordability Level by Race
Households Total
Households
Extremely Low
(less than
30% AMI)
Very Low
Incomes
(30-50% AMI)
Low Income
(51-80% AMI)
Moderate
(80-120% AM)
White 33,400 .6% 7.6% 10.7% 7.2%
Hispanic 5,705 20.7% 13.4% 18.0% 7.5%
Asian 4,245 15.1% 4.8% 9.1% 4.8%
Black/African
American 1,508 12.7% 28.4% 15.7% 6.4%
Other 1,495 14.9% 9.9% 12.6% 8.6%
All Households 46,353 15.4% 8.8% 11.6% 7.0%
Source: CHAS HUD Data, 2017.

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POLICIES
Policy 6.1 Financial Assistance for Residents; Rental Assistance Programs. The City shall provide support in rental assistance programs for extremely low-, very low-, and low-income households and household types including seniors, families with children, persons with disabilities, and others with special needs. Explore funding strategies and identify additional funding sources to provide continued support with rental assistance programs.

Policy 6.2 Technical Housing Assistance. The City shall provide information and assistance to extremely low-, very low-, and low-income households and households with special needs and landlords to educate and increase awareness of, and provide oversight on federal and local housing and supportive programs and to assist residents in locating appropriate housing. Address housing barriers and resident challenges in securing and maintaining housing.

Policy 6.3 Funding for Supportive Services. Target funds to ensure a broad array of supportive services to extremely low-, very low-, and low-income persons to ensure their continued maintenance of housing once obtained. Ensure funding that supports emergency housing for the homeless.

Policy 6.4 Consider Expanding the Preserving Our Diversity (POD) Program. Evaluate expansion of the POD program to other rent burdened households including but not limited to additional seniors, families, and persons with disabilities and special needs.

Policy 6.5 Reasonable Accommodations. Provide regulatory relief to enable housing access designed to meet the needs for persons with disabilities to ensure equal housing opportunities, consistent with fair housing laws.

Policy 6.6 Resident Protections During Rehabilitation. The City shall provide resident protections including a temporary relocation program with oversight to minimize resident disruption and ensure that rehabilitation of existing units does not negatively impact or result in permanent displacement of existing residents.

Policy 6.7 Explore Programs with the County of Los Angeles. The City shall explore the possibility of entering into contracts with the County for project-based vouchers including, but not limited to, programs administered by the County of Los Angeles.

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GOAL 7
Eliminate housing discrimination on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, age, marital status, national origin, ancestry, familial status, income level, source of income, disability, veteran or military status, genetic information, or other such characteristics.

Pursuant to the California Fair Employment and Housing Act [Government Code Section 12921 (a)], the opportunity to seek, obtain, and hold housing cannot be determined by an individual’s “race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, or any other basis prohibited by Section 51 of the Civil Code.” Fair housing issues that may arise in Santa Monica (or any jurisdiction) include but are not limited to:
• Failure to make reasonable accommodations or modifications to make a dwelling unit accessible to an individual with a disability;
• Discrimination in the sale or rental of a dwelling unit against an individual based on race, national origin, familial status, disability, religion, sex, or other characteristic; and • Tenant harassment because of race, color, religion, sex, disability, familial status, or national origin
A multi-unit housing development that provides accommodations for persons with a physical disability

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The City of Santa Monica takes fair housing laws seriously and has enacted a number of local laws in support of fair housing including:
• Chapter 4.28 of SMMC, addressing fair housing for families with children, disability, and source of income discrimination
• Chapter 4.40 of SMMC, addressing fair housing regardless of sexual orientation or domestic partnership
• Chapter 4.52 of SMMC, addressing fair housing for persons living with HIV/AIDS • Chapter 9.49 of SMMC, addressing reasonable accommodations for persons with disabilities The Public Rights Division (PRD)
of the City Attorney’s Office
enforces Fair Housing Laws,
including investigation of fair
housing complaints and litigation
if necessary. The PRD also hosts an
annual fair housing workshop and
regularly publishes articles about
fair housing in the Santa Monica
Daily Press. The COVID-19 pandemic has highlighted the importance of housing rights, as many Santa Monicans (especially families and people of color) are facing evictions. The rise in hate crimes against all protected classes has also made the issue of fair housing paramount.

POLICIES
Policy 7.1 Enforce Fair Housing Laws. Continue to enforce fair housing laws including but not limited to, prohibiting arbitrary discrimination in the building, financing, selling, or renting of housing, on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, age, marital status, national origin, ancestry, familial status, income level, source of income, disability, veteran or military status, or genetic information, and to promote racial diversity and equality in housing distribution.

Policy 7.2 Legal Support for Residents. Continue to provide and strengthen anti-discrimination legal assistance and support for tenants facing harassment or eviction.

Policy 7.3 Fair Housing Community Outreach. Continue to work with local organizations and partners to engage in community outreach strategies that provide information on fair housing laws, including community workshops and public awareness campaigns.

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Packet Pg. 196 Attachment: Housing Element (Chapters 1-5) Redline June 2022 (4856 : Housing Element Draft Revisions in Response to HCD (120 mins)) Summary of
Land Available
for Housing

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A. Regional Housing Needs Allocation
The Regional Housing Needs Allocation (RHNA)
is a state-mandated process that determines
the amount of future housing growth each
city and county must plan for in its Housing
Element. This “fair share” allocation concept
seeks to ensure that each jurisdiction accepts
responsibility for the housing needs of not
only its resident population, but also for the
jurisdiction’s projected share of regional
housing growth across all income categories.

The RHNA process begins with the California
Department of Housing and Community
Development’s (HCD) projection of future
statewide housing growth need, and the
apportionment of this need to regional
councils of government throughout the
state. The Southern California Association of
Governments (SCAG) then determines the
share to be allocated to each city and county
within its region based on its approved Final
RHNA methodology.

On March 4, 2021, SCAG adopted the final
RHNA allocation for all jurisdictions within its region. Figure 4-1 shows Santa Monica’s allocation in the Final Regional Housing Needs Allocation Plan—the planning period of October 2021 through October 2029. Approximately 69% of the units are allocated for households earning less than 120% of the Area Median Income (AMI).

The RHNA represents the minimum number of housing units for which each community is required to provide “adequate sites” through zoning and is one of the primary threshold criteria necessary to achieve State approval of the Housing Element.

Chapter 4: Summary of Land Available
for Housing
On March 4, 2020, SCAG approved the
Final RHNA methodology for determining
each jurisdiction’s RHNA within the SCAG
region. The methodology utilized a threestep process:

1. Determine the jurisdiction’s
projected housing need using
regional projected household growth
and calculate a future vacancy need
by applying a healthy vacancy rate
to owner and renter households.

Assign a replacement need based
on local survey results.

2. Determine the jurisdiction’s
existing housing need based on a
jurisdiction’s proximity to transit and
jobs.

3. Add the projected and existing
housing need together to get a total
and apply social equity adjustment
factors to determine the four RHNA

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Figure 4-1: Santa Monica’s 2021-2029 Regional Housing Needs Assessment Income Level % of AMI* Units % of RHNA
Allocation
Very Low 31-50% 2,794 31%
Low 51-80% 1,672 19%
Moderate 81-120% 1,702 19%
Above Moderate 120%+ 2,727 31%
Total 8,895 100%

1. Extremely Low Income Housing Needs
The RHNA does not include the income level of extremely low-income units (ELI). However, state law (AB 2634) requires Housing Elements to include the projected number of extremely low income housing needs, and the City’s AHPP requires the production of ELI units. HCD indicates that local agencies may calculate the projected housing need for ELI households by applying one of the following two methodologies to the RHNA for very low-income (VLI) households:
• Use available Census data to calculate the percentages of ELI and VLI households and apply these percentages; or
• Assume 50 percent of the VLI units would qualify as ELI.

Applying the first methodology, approximately 7,124 extremely low-income and 4,089 very lowincome households were identified in Santa Monica as detailed further in Appendix B. This equates to 64 percent and 36 percent respectively, of the total ELI and VLI households (Figure 4-2). These percentages suggest that of Santa Monica’s RHNA share of 2,794 RHNA very low income units, a minimum of 1,788 units should be available for extremely low-income households and 1,008 units for very low-income households.

Figure 4-2: Low Income Housing Needs
Existing # of
Households
% RHNA Projected
Need
Extremely Low 71,24 64% 2,794 1,788
Very Low 4,089 36% 1,006

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B. Suitable Sites Inventory
The Regional Housing Needs Allocation (RHNA) is a state-mandated process that determines the amount of future housing growth each city and county must plan for in its Housing Element. This “fair share” allocation concept seeks to ensure that each jurisdiction accepts responsibility for the housing needs of not only its resident population, but also for the jurisdiction’s projected share of regional housing growth across all income categories.

Government Code Section 65583(a)(3) requires local governments to prepare an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites. This inventory of land suitable for residential development, otherwise known as the Suitable Sites Inventory (SSI), is used to demonstrate that there is sufficient land at appropriate densities and development standards to accommodate the RHNA at the income levels specified within the planning period. For the 6th Cycle 2021-2029 Housing Element, the City’s RHNA is 8,895 units, of which 69% must be provided at affordable levels.

The SSI for the City of Santa Monica’s 6th Cycle Housing Element was prepared in accordance with State Housing Element law and HCD’s Housing Element Sites Inventory Guidebook. Appendix F provides a report of the methodology used to prepare the SSI.

Map 4-1: Suitable Sites

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To prepare the SSI, the City’s land use inventory was comprehensively reviewed to identify sites that are available for housing development within the Housing Element planning period, 2021-2029. The SSI process utilizes the Land Use Inventory to first identify which parcels are available for redevelopment based on zoning, general characteristics such as historic and land use designations, and market factors. City staff then further evaluated the sites individually using Google Streetview or site visits and assigned a potential redevelopment rating of “high, medium high, medium, or low” based on site-specific factors such as existing use, physical attributes, ownership, and other local knowledge by City Staff. Sites that were rated as “high” comprise the SSI. Following this process of identifying high potential SSI sites, the City applied development standards to the available sites to calculate housing capacity. The City then conducted a spot-check of individual parcels against current and past projects to confirm that the unit calculations resulted in realistic capacity. The City focused the inventory to underutilized commercial sites since these sites are most likely to be redeveloped based on evidence of past development trends. Based on the assessment of sites using the above factors and methodology, there are 137 parcels that have approved and pending projects for residential development and 185 non-vacant commercial/mixed use zoned parcels in the City identified to have high potential for residential redevelopment. In addition, 22 residentially zoned sites that are developed as parking lots have been identified as having high potential to be redeveloped for housing.

Approximately 332 344 sites have been identified that have the highest potential to accommodate housing. These are shown on Map 4-1. Sites may be viewed interactively on the City’s Housing Element Update webpage at: https://www.santamonica.gov/housing-element-update. The sites in the SSI are categorized according to Figure 4-3.

Accommodating for Very Low and Low Income Housing
The State uses the density allowed on a site as a “proxy” for determining whether a site can accommodate housing at lower-income levels.
• Very Low and Low Income. State law establishes a “default density standard” of 30 units per acre for low-income units in the City of Santa Monica. This means that if a site’s zoning allows for a density that is greater than 30 units per acre, the zoning is considered appropriate to accommodate the RHNA for lower income households.

The City’s Zoning Ordinance uses FAR rather than the density factor of units/acre. Therefore, to determine how many units per acre are possible on each site in the SSI, the number of units possible was calculated based on the allowable FARs established in Programs 1.F and 1.J. The number of units was then translated into units/acre based on the parcel size of each site. These calculations indicate that with the rezoning in Programs 1.F and 1.J, all the non-vacant, commercially zoned sites in the SSI can accommodate housing at greater densities than the “default density” of 30 units/acre. Therefore, per HCD, all sites can be identified as having the capacity and density to accommodate lower-income units.
• Moderate-income. Since all the identified SSI sites can accommodate lower-income units, the City has also determined that each site can accommodate moderate-income housing since units affordable to lower-income households would also be affordable to moderate-income households.

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Figure 4-3: Suitable Sites Prioritization Categories
# Category Description
1 Approved and Pending
Housing Projects
Santa Monica has a number of pipeline housing projects that have been approved or are pursuing entitlements. These units are expected to be constructed in the next eight years and would count toward the City’s 6th Cycle RHNA.
2 Prior SSI Sites 83 parcels were listed in the 5th Cycle 2013-2021 Housing Element. Some of these parcels have undergone entitlements but the remaining have not. 3 DCP Buildout As part of the Downtown Community Plan that was adopted in 2017, sites in the Downtown were identified for potential redevelopment. 4 City-Owned Sites An important strategy for the City to meet its RHNA targets is the utilization of existing City-owned sites for housing, particularly affordable housing. All City-owned sites that are not currently developed with open space/parks, community centers, civic uses, utilities, etc. are categorized as Category 4 sites.
5 Parking Lots A handful of sites in the City are parking lots, or parking structures. Parking lots are very underutilized and represent the greatest opportunity for new housing without displacement of existing uses.
6 Auto Storage Lots These are parcels currently being utilized almost entirely as auto inventory surface lots for auto dealerships. Auto dealerships have indicated interest in turning over these large surface lots into redevelopment opportunities as they are rethinking their sales operations.
7 Parcels with recent/active
sales
Based on a review of the Assessor’s Parcel Data and a review of commercial real estate websites (such as Loopnet), a number of properties have recently sold between 2019-2021 or have active sales listing. 8 Underutilized Sites (20,000
excess sf development
potential)
Category 8 sites are sites that do not meet the criteria of Categories 1-7 but have been identified to have a net new development potential of 20,000 sf or greater (based on their existing built sf compared against their currently allowable maximum floor area).
9 Large Parcels (15,000 sf+) Most parcels in the City are 7,500 sf. Large parcels that are 15,000 sf have greater potential for redevelopment.
10 Remaining Sites with less
than 0.5 AVR
All remaining City sites with an assessor’s value ratio (AVR) of 0.5 or less have the highest likelihood of redevelopment.
11 Religious Institutions AB 1851 was passed in 2020 to remove an important barrier to housing construction on lands owned by a religious institution. The law states that a jurisdiction cannot deny a housing project proposed by a religious institution on the sole basis that it will remove parking. A number of religious institutions with large surface parking lots are located throughout the City. 12 A-Lots and Residentially
Zone Parking Lots
“A-Lots” are residentially zoned (R1/R2/R3/R4) parcels with an “A” Off-Street Parking Overlay. Within the City, there are 42 A-lots. In addition, there are numerous residentially zoned parking lots that serve the parking needs of boulevard-fronting commercial uses.

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City owned parking lot off of Main Street.

1. Approved and Pending Housing Projects
The City has a significant number of housing projects in the pipeline that if constructed will count toward the City’s 6th Cycle RHNA. As of February 2021 May 2022, there were approximately 1,670 2,304 approved units (of which 401 622 are affordable) and 756 2,324 pending units on 108 137 parcels.

The list of approved and pending projects is provided in Appendix F. A review of the past 5th Cycle Housing Element shows that 10% of approved and pending projects were withdrawn and/or have had permit approvals expire. It is not possible for City staff to predict how many and which specific approved and pending projects could be withdrawn or ultimately not developed. Doing so would be arbitrary and speculative. Therefore, a 10% discount factor was applied to the current number of approved and pending units to allow for the possibility that some projects may never proceed to construction. This results in 1,503 2,074 approved units and 680 2,092 pending units that are projected to count towards the 6th Cycle Housing Element.

2. Prior SSI Sites
The SSI identifies 24 sites that were in the last (5th) Cycle Housing Element with the capacity for approximately 1,500 units. According to Government Code Section 65583.2, if the SSI contains sites that were used in a prior housing element planning period, the City must allow by-right a development that includes at least 20% of the units as affordable. Sites where zoning already permits residential “use by right” as set forth in Government Code section 65583.2 (i), at the beginning of the planning period would be considered to meet this requirement. The City currently allows by-right housing projects through an interim zoning ordinance.

In order for the reused sites identified in the SSI to qualify for inclusion, this Housing Element includes Program 1.A to amend the Zoning Ordinance to establish a permanent by-right approval process for qualifying housing projects, including housing projects providing 20% of units as lower income affordable units.

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3. City-Owned Sites
Achieving the number of affordable housing units for
the 6th Cycle RHNA will be challenging, especially
given limited public funding and high land costs
in the City. The City recognizes that Cityowned land can play an important role in producing significant housing, particularly
affordable housing, and therefore, has
made a commitment to prioritizing such
land for 100% affordable housing within this
Housing Element. Program 2.E. commits
City-owned sites for the development of
affordable housing through a public process
that would maximize the amount of affordable
housing that could be feasibly developed. The
City-owned sites in the SSI are: Public Parking
lots 7, 8, and 12, Parking Structure 3, 4th & Arizona,
Bergamot Arts Center, and Main Street parking lots.

With consideration to existing constraints (such as lease terms, financial resources, etc.), City-owned sites have the potential for accommodating 1,884 1,880 units. Program 2.E commits the City to plan for a minimum of 1,884 1,880 affordable housing units across available City-owned sites, which may include but shall not be limited to rezoning actions.

4. Community Assebly Sites (Including Religious Congregations) A number of religious congregations with large surface parking lots are located throughout the City.

State law has made it easier to develop housing on religious institutional properties by removing parking as a barrier to development. During the outreach process of the Housing Element, many of these religious congregation leaders have expressed interest in developing housing on their properties and indicated that the provision of affordable housing on these sites would be aligned with their core mission. With Program 4.B to amend the Zoning Ordinance to facilitate the development of housing on surface parking lots owned by community assembly uses, these sites could accommodate 257 units.

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5. All Remaining Sites
The remaining sites in the inventory include parking lots, underutilized sites with low-scale buildings, recently sold/active sales sites, and large sites.

Mixed-Use Zones
Many of the SSI sites are located in the City’s commercial and mixed-use zones (MUBL, MUB, GC, NC). Changes in the Downtown Community Plan and Zoning Ordinance as specified in Programs 1.F and 1.J will be required to support multi-unit housing and the production of inclusionary, affordable housing units in compliance with the City’s Affordable Housing Production Program. In particular, the new increases in density and height would increase the likelihood of housing units to be developed in the NC zone (where housing has traditionally not occurred).

Office Campus/Industrial Conservation/Creative Conservation Sector Sites in the OC, IC, and CCS zones are typically developed for office, business park, warehousing, light industrial, and other commercial uses. A number of sites in these zones have been determined to be compatible for residential uses. The Housing Element includes Program 4.A to amend the Zoning Ordinance to allow multi-unit residential in non-residential zones where housing is currently prohibited.

6. Capacity to Accommodate the RHNA by Income Levels
Per Government Code Section 65583.2(c), the SSI must include a calculation of the realistic residential development capacity of the sites. To ensure that sufficient capacity exists in the housing element to accommodate the RHNA throughout the planning period, HCD recommends that a jurisdiction create a buffer in the housing element inventory of at least 15 to 30 percent more capacity than required, especially for capacity to accommodate the lower income RHNA.

With the programs identified in this Housing Element, the sites identified for the SSI combined with anticipated ADU production has the capacity to accommodate at least 11,070 13,549 units providing a 21 52 percent buffer above the City’s RHNA of 8,895 units. This number is based on the application of new development standards for housing projects as established in Programs 1.F and 1.J. The buffer accounts for the likelihood that not all identified SSI sites may be necessarily developed by a property owner for housing. Approximately 150 additional units could be added to the total capacity if housing projects on these sites provided on-site affordable housing, rather than off-site. The land inventory includes capacity for 2,444 2,560 extremely low, 2,398 2,712 very low income, 2,542 2,742 low income, and 1,784 1,933 moderate income units. Figure 4-4 breaks down the summary of the SSI capacity based on category and income levels.

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Figure 4-4: Suitable Sites Capacity Summary Table – Base Tier 1 Housing Total
Capacity Capacity for Affordable Units
# Units
#
Affordable
Units
ELI VLI LI Moderate
Category 1 Approved
2,074
1,503
622 416 127 104 162 104 185 104 148 104
Category 1 Pending 2,092 680 282 165 24 42 190 42 34 42 34 42 Category 4 City Sites 1,8801,884 1,8801,884 627628 627628 627628 - Category 11
Religious Sites
257 130129 32 32 32 3432
Category 12
Parking Lots
96105 953 -13 -13 113 -13
All Remaining
Categories
6,775
6,289 6,775 6,289 1,694 1,572
1,694
1,572
1,694
1,572
1,694
1,572
ADUs 376352 249232 5653 87 162151 2321
Total 13,549
11,070 9,946 9,168 2,5602,444
2,712
2,398
2,742
2,542
1,933
1,784
RHNA Targets 8,895 6,168 1,397 1,397 1,672 1,702
Buffer +4,654
2,175
+3,779
3,000
+1,163
1,047
+1,315
1,001
+1,070
870 +231 82
5224%
C. Accessory Dwelling Units
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) play an important role in the production of housing, particularly within single-unit residential zoning districts where historically only one unit is permitted. In recognition of this, over the past four years, the State has enacted several laws to help spur the production of housing through the development of ADUs and JADUs. On September 8, 2020, City Council approved an ordinance incorporating State law ADU requirements into a new ADU/JADU Section of the Zoning Ordinance, SMMC Section 9.31.025 Accessory Dwelling Units and Junior Accessory Dwelling Units. The ordinance further expands upon the new requirements by exempting all ADUs and JADUs from parcel coverage or floor area

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Source: Open Scope Studio
calculations, providing more permissive development of ADUs. Figure 4-5 and Map 4-2 summarize ADU development and locations within the City since 2018, the start of when State law began to focus on incentivizing ADUs. However, it is important to note that the vast majority of these numbers are from ADU construction on R1 (Single-Unit Residential) zoned parcels. The City is just now starting to see property owners take advantage of the new ability to establish sometimes multiple ADUs with existing multiple-unit residential and mixed-use developments.

Figure 4-5: Santa Monica ADU Production
Building
Permit Year Permits Issued Total
2018 2354 56
2019 6051 83
2020 4127 115
2021 1022 27
TOTAL 226134 281
Average
2018-2020
(23+6+41+102)/4=56.5 (54+51+27)/3=44 units
per year
Source: Building permit data as of June 1, 2021 May 31, 2022. Each ADU building permit is only accounted for once across all years.

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Map 4-2: ADU Locations
Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community, Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community ADU Locations
Zoning
R1: Single-Unit Residential (188)
R2: Low Density Residential (23)
R3: Medium Density Residential (6)
OP1: Ocean Park Single-Unit Residential (2)
OP2: Ocean Park Low Density Residential (7)
Per State law, a projection of the number of ADUs expected to be built within the 8-year planning period can be counted towards the RHNA. However, this projection must be based on the following factors:
• The number of ADUs or JADUs developed in the prior planning period; • Community need and demand for these types of housing units; • The resources and/or incentives available that will encourage the development of ADUs;
• The availability of ADUs and JADUs for occupancy;
• The unit must meet the Census definition of a housing unit and be reported to the Department of Finance as part of the annual City and County Housing Unit Change Survey; and
• The anticipated affordability of these units.

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In order to project the increased potential of ADU
development, HCD recommends the following options:
• Use the trends in ADU construction
since January 2018 to estimate new
production.
• Assume an average increase of five
times the previous planning period
construction trends prior to 2018.
• Use trends from regional production of
ADUs.
• Include programs that aggressively
promote and incentivize ADU and JADU
construction.

As shown in the Figure 4-5 based on ADU building
permit data between 2018 and 20210, Santa Monica
averageds 5644 ADUs per year. However, given that
36 of the ADUs (approximately 16%) were located
on parcels with existing multi-unit dwellings, which
are less typical applicants for ADUs, the average
annual production estimate has been reduced by
16% to approximately 47 ADUs per year. Therefore Using this average production number, it can be expected that over the next eight-year Housing Element cycle, approximately 376352 ADUs will be built and can be used towards our RHNA. This estimate is conservative, as it accounts for a potential progressive decline in available land for ADU within single-unit zones. As noted, tThis forecast also does not account for possible future interest in ADUs to be incorporated into existing multiple-unit residential and mixed-use developments, which the City has only just started seeing very recently as the new law permitting this only took effect January 1, 2020.

In order to determine assumptions of ADU affordability in the Southern California region, SCAG conducted a regional analysis of existing ADU rents. Figure 4-6 shows assumptions for ADU affordability based on the SCAG assumptions.

Determining ADU Income
Levels
SCAG conducted a regional
analysis of current market rents
that can be used to obtain credit
towards each income category
in the RHNA. SCAG’s analysis
was pre-certified by HCD and
allows cities to assume that the
total anticipated ADU production
would be assigned to the
following income categories:
• Extremely Low – 15%
• Very Low – 2%
• Low – 43%
• Moderate – 6%
• Above Moderate – 34%

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Figure 4-6: Estimated Affordability of Projected ADUs 2021-2029 Income Level Percent of ADUsa Projected # of ADUs
Extremely Low Income 15% 5653
Very Low 2% 87
Low 43% 162151
Moderate 6% 2321
Above Moderate 34% 128120
a Based on SCAG Survey of ADU Affordability
D. Adequate Sites Alternative - Rehabilitation and Conversion of Existing Units
Government Code Section 65583.1(c) allows for use of existing units to address up to 25 percent of the lower income RHNA by counting existing units made available or preserved through the provision of “committed assistance” to low- and very low-income households at affordable housing costs or affordable rents. This option is referred to as “Alternative Adequate Sites”. However, there are limited parameters under which substantial rehabilitation, conversion, or preservation of units can be counted and the Housing Element would be required to identify exactly how the city will guarantee compliance in order to grant the credit. The units must be:
• Substantially rehabilitated and at imminent risk of loss to the housing stock • In a multi-unit rental or ownership housing complex of three or more units that are converted from non-affordable to affordable rental
• Preserved at levels affordable to low- or very low-income households where the local government has provided those units with continued assistance The City has a history of dedicating revenues to support the rehabilitation of substandard housing units. From 2005 onward, the City provided Housing Trust Fund loans to nonprofit developers for acquisition, rehabilitation, and deed restriction. The City also provides housing assistance to existing residents through a number of programs and has a demonstrated history of working with willing property owners and tenants to grant project-based housing vouchers that might allow some units to qualify towards the RHNA. Further, the Housing Element includes Program 2.C allowing market-rate projects to comply with the AHPP through the acquisition and rehabilitation of existing rental units and converting those to deed-restricted units. Based on past performance, it is expected that the City will continue to preserve the existing at risk housing stock through the acquisition and rehabilitation of existing low-income units. However, it would be difficult to predict how many rehabilitated units could be counted towards the RHNA.

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Programs

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The City is committed to implementing the goals and policies in Chapter 3 through the programs in this chapter. These programs have been developed through extensive community engagement and with consideration for actions necessary to achieve a compliant Housing Element. The programs reflect what realistically could be completed in the eight-year planning period. Each program includes background, a description of the program action, timeframe by which the action will be completed, and the City agencies responsible for oversight of the program. The City will be reporting on each of these programs as part of its Annual Progress Report to the California Department of Housing and Community Development.

GOAL 1
Production of new housing that is sustainable, innovative, safe and resilient, appropriate with the surrounding neighborhood, offers opportunities for active and healthy living, including walking and biking, and increases equitable housing opportunities.

Program 1.A By-Right Approvals For Housing Projects
The City shall make permanent amendments to the Zoning Ordinance that are currently interim and make amendments to the Land Use and Circulation Element (LUCE), Downtown Community Plan (DCP), Bergamot Area Plan (BAP) and Zoning Ordinance, as necessary, to allow, at a minimum: 1) 100% affordable housing projects; 2) non-Downtown housing projects that are code-compliant or are granted specified modifications/waivers to be established in the Zoning Ordinance; 3) Downtown housing projects that do not exceed Tier 2 maximums and are code-compliant or are granted specified modifications and waivers to be established in the Zoning Ordinance; and 4) housing projects that include at least 20% of units on-site as affordable to lower-income households [Government Code Section 65583.2(c)], to be reviewed through a by-right process. The by-right process for housing projects is intended to achieve the RHNA target and at minimum, the Quantified Objectives established in this Housing Element. Such by-right projects shall still be subject to design review, provided that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

The City shall extend interim zoning amendments for process thresholds pending the full implementation of this program.

Chapter 5: Implementation Programs

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The City shall also develop written procedures to implement the streamlined review process for eligible projects under SB35.

The City shall also continue to facilitate consolidation of sites for housing projects by processing administrative lot tie agreements as part of the plan check process.

Program Background:

Based on consultation with both affordable
and market-rate housing providers, the
uncertainty presented by a discretionary
approval process is a factor in whether
to move forward with housing projects in
light of other risks that are out of the City’s
control including land costs, construction
costs, and lender requirements. On March
10, 2020, in efforts to streamline the process
for housing production, the City Council
adopted changes to the LUCE, DCP and BAP
as well as an emergency interim ordinance
to allow 100% affordable housing projects
and housing projects up to Tier 2 maximums that are subject to the protections of the HAA to be reviewed through a by-right administrative process. The emergency interim ordinance expires December 31, 2021, unless extended by the City Council.

Additionally, according to Government Code Section 65583.2, if the Suitable Sites Inventory (SSI) contains sites that were used in a prior housing element planning period, the City must allow by-right a development on those sites if the project includes at least 20% of the units as affordable. Therefore, in order for the 5th Cycle Housing Element sites identified in the SSI to qualify for inclusion, the by-right process must be included in the LUCE, Zoning Ordinance, DCP and BAP, as applicable. • Timeframe: by March 31, October 15,2022
• Responsibility: City Planning Division; City Attorney Office • Objective: Allow a ministerial approval process based on objective standards for 100% affordable housing projects and housing projects that do not exceed Tier 2 maximums and are subject to the Housing Accountability Act.

LUCE Tier System
The LUCE created a tiered land use
system based on increments of
height and floor area ratio (FAR). Tier 1
establishes a base height and FAR while
Tier 2 establishes additional height and
FAR that can be requested if community

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Program 1.B Streamline the Architectural Review Process and Ensure Design Review Objectivity for Housing Projects
The City shall adopt new streamlining procedures to allow staff level design review for smaller housing projects and expedited design review of larger housing projects by shifting the design review process to before or concurrently with entitlement issuance. This will reduce processing timelines and increase certainty for housing providers. These procedural changes would involve amending the Municipal Code to assure that design review cannot unreasonably delay a housing project approval by, for example, placing limits on number of hearings and maximum time limits for design review. The amendments The City shall review approval findings for design review and establish procedures or other mechanisms to promote approval certainty. also be clear that design review cannot be used to reduce density or deny a housing project. Additionally, the City shall develop objective design standards for applicable housing projects, which will also be used to ensure consistency anticipating compliance with SB35 for applicable housing projects.

Program Background:

Santa Monica Municipal Code Chapter 9.55 establishes the Architectural Review Board (ARB), and, along with certain provisions of the City’s Zoning Ordinance, sets forth the City’s design review processes. For all new construction, additions or remodel of an existing building, in all zones except R1 (single-unit), the ARB must make findings in its design review of development including compatibility with surroundings and design that is expressive of good taste, good design, and in general contributes to the image of Santa Monica as a place of beauty, creativity and individuality. While the findings, which have been in place since the 1970s, are not objective, the design review process occurs after project entitlements and focuses only on project design; as a result, the ARB’s review cannot be used to deny or reduce the density of a housing project.

Additionally, while the City is currently not subject to SB 35 under the 5th Cycle Housing Element reporting period (2013-2021) because the City has regularly met its RHNA targets, it is anticipated that the City with be subject to SB 35 in the coming 6th Cycle Housing Element reporting period (2021- 2029), and will therefore be limited to use of objective design standards when reviewing housing projects eligible for SB 35’s expedited review process. • Timeframe: Objective Design Standards by June 30, 2023; Process streamlining by October 15, 2022 by September 30, 2022
• Responsibility: City Planning Division; City Attorney’s Office • Objective: Streamlined housing approvals.

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Program 1.C Incentivize Housing Development On Surface Parking Lots In Residential Zones
In order to provide new housing choices and affordability in high opportunity areas, the City shall adopt standards that incentivize housing production on surface parking lots in residential zones associated with existing commercial uses, including, but not limited to, removing density caps and commercial parking replacement restrictions, lot consolidation, street access to the project, and restoring underlying maximum allowable density.

The City shall also adopt standards that incentivize housing production on surface parking lots associated with existing residential uses as long as the existing residential use is not removed.

Program Background:

There are approximately 108 residentially-zoned surface parking lots associated with an adjacent commercial use. Of those parking lots, 32 are identified as high or medium-high potential for housing in the SSI. The parking lots serve the adjacent boulevard-facing commercial uses. The existing multiunit residential zones have density caps of 4-6 units regardless of the size of the property, which limits their capacity for housing potential.
• Timeframe: by August 1, 2022 2023
• Responsibility: City Planning Division; City Attorney’s Office • Objective: Incentivize housing production on underutilized sites that would not displace existing residential tenants.

A typical “A-Lot” in Santa Monica. The residentially-zoned surface parking lot in the foreground with the associate commercial use in the background.

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Program 1.D Reduce Minimum Parking Requirements For Housing Projects
The City shall reduce minimum parking requirements for all housing projects by applying Parking Overlay 1 rates.

Program Background:

Analysis of total development costs for housing projects have shown that stringent parking requirements add significantly to the cost of housing construction. In 2017, the City eliminated parking minimums in the Downtown as part of the adoption of the Downtown Community Plan. Eliminating and/or reducing minimum parking requirements would allow a housing developer to choose the “right-size” supply of parking to meet demand as necessary, and would significantly reduce the cost of housing construction.
• Timeframe: by August 1, 2022 June 30, 2023
• Responsibility: City Planning Division; Mobility Division; City Attorney’s Office • Objective: Lower the cost of housing production.

The Downtown Community Plan eliminated parking minimum requirements in an effort to reduce construction costs.

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Program 1.E Revise The Design Standards In The Bergamot Area Plan (BAP) For Easier Understanding And To Support Housing
Production
The City shall modify the design guidelines in the BAP to establish objective standards to support housing production by increasing certainty for housing providers. The revisions to design standards will address at minimum: building modulation, ground floor uses, street frontages/pedestrian orientation, open space, reduction in parking minimums, live/work artist and commercial living situations, etc.

The standards shall be user-friendly with improved clarity to support housing production. The BAP should also consider the special housing needs of artists, such as live-work units, to promote artist residents in the Bergamot area.

Program Background:

The BAP was initiated to transition 142.5 acres of former industrial land into a walkable, sustainable, and innovative complete neighborhood. The BAP encourages affordable/market-rate housing to enable employees to live in the area and offer new lifestyle choices connected to transit. However, the design standards in the Plan are complex, unclear, onerous, and do not incentivize housing. As a result, since its adoption in 2013, only three housing projects have been proposed in the Bergamot area. • Timeframe: by June 30, 2023
• Responsibility: City Planning Division; City Attorney’s Office • Objective: Provide clarity in the regulatory environment for housing and incentivize housing production in the Bergamot area.

The Bergamot Area Plan was adopted in September of 2013, and covers 142.5 acres of former industrial land as well as the Beergamot Arts Center

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Program 1.F Revise The Downtown Community Plan Development (DCP) Standards To Support Housing Projects
The City shall modify the development standards in the DCP to ensure they are set at levels that can support the minimum AHPP requirements and to support feasible housing projects. The City shall also amend the development standards and AHPP requirements to ensure Tier 2 and Tier 3 Downtown housing projects are feasible.

Zone
Approx.

Acres
to be
Rezoned
Current
Tier 1
FAR/
Height
Minimum
Tier 1
FAR/
Height
with
Rezoning
Current
Tier 2
FAR/
Height
Minimum
Tier 2
FAR/
Height
with
Rezoning
Curent
Tier 3
FAR/
Height
Minimum
Tier 3
FAR/
Height
with
Rezoning
LT (East) 12 1.50/39 ft 2.75/60 ft 2.25/50 ft 3.0/65 ft - - LT (West) 11 1.50/39 ft 2.75/60 ft 2.75/60 ft 3.0/65 ft - - NV 31 2.25/39 ft 2.75/60 ft 3.50/60 ft 3.50/70 ft - 4.0/84 ft BC
(Promenade) 12 2.25/39 ft 2.75/60 ft 2.75/60 ft 3.0/65 ft - - BC (2nd/4th) 25 2.25/39 ft 2.75/60 ft 3.50/60 ft 3.50/70 ft - - TA 52 2.25/39 ft 2.75/60 ft 3.50/60 ft 3.50/70 ft 4.0/84 ft 4.0/84 ft OT 15 2.25/39 ft 2.75/60 ft 2.75/60 ft 3.0/65 ft - -
WT 6 1.50/39 ft 2.75/60 ft 2.25/50 ft 3.0/65 ft - -

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The City shall consider opportunities, including rezoning or the creation of new zoning districts, as necessary, to facilitate advancement of housing goals and/or historic preservation.

Program Background:

The DCP was adopted in 2017 with a primary focus on producing thousands of new housing units at a range of sizes and affordability levels. The DCP provided both development and process incentives for housing projects through greater FARs relative to commercial development, no minimum parking requirements, and a ministerial approval process for typical mixed-use housing projects. In exchange for these strong incentives, Downtown housing projects are required to provide additional affordable housing and augmented fees for the portion of the floor area above Tier 1 maximums. Since DCP adoption, approximately 1,133 units have been approved in the Downtown with a lesser amount that have moved ahead into building permits. Of those 1,133 approved units, the vast majority were projects that pre-dated the DCP’s inclusionary housing requirements. The current FARs and heights allowed in the DCP are shown below:
• Timeframe: by March 31, October 15, 2022
• Responsibility: City Planning Division; City Attorney’s Office • Objective: Continue to encourage housing production in Downtown area.

The Downtown Community Plan was adopted in July of 2017, and covers the Downtown area between Wilshire Blvd and the I-10 from Lincoln Blvd west to Ocean Ave.

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Program 1.G Incentivize And Facilitate The Development Of Accessory Dwelling Units (ADUs) Through An Adu Accelerator
Program
The City shall develop an Accessory Dwelling Unit Accelerator Program that will simplify the ADU process by providing property owners interested in constructing ADUs throughout all neighborhoods with a handbook detailing all ADU standards and review procedures, and pre-approved ADU plans that can be selected to reduce time and costs associated with ADU development. The program will further streamline the City’s ADU permitting review process with the aim of issuing building permits for an average of 47 ADUs/year.

Additionally, the City will review and update its locally adopted ADU Ordinance for consistency with State law.

Program Background:

An effective strategy to increasing the housing supply is facilitating the construction of Accessory Dwelling Units (ADUs), particularly in single-unit residential districts. Due to their smaller size and relatively lower cost of construction, ADUs can provide lower-cost housing opportunities within single-unit neighborhoods that are less accessible due to high housing costs.

In 2020, the City approved an ADU Ordinance (SMMC Section 9.31.025) to incorporate State law requirements for ADUs and Junior Accessory Dwelling Units (JADUs). The ordinance further encourages the production of ADUs/JADUs by exempting them from parcel coverage or floor area calculations and provides for a ministerial approval process for all ADUs and JADUs. Since implementation of these new State laws, the City has seen an increase in ADU production and interest each year. • Timeframe: by December 31, 2022 June 30, 2023
• Responsibility: City Planning Division
• Objective: Streamline approvals and facilitate development of ADUs.

Program 1.H Adaptive Reuse Of Existing Commercial Buildings For Permanent Residential Use
As an alternative to constructing new housing, the City shall amend the Zoning Ordinance to encourage and incentivize the adaptive reuse of existing commercial tenant spaces citywide, for permanent residential use and also allow an adaptive reuse of existing ground floor commercial space for artists and live-work use. The City shall also adopt policy and zoning cChanges to incentivize the conversion of existing commercial tenant space to residential use include but are not limited to, such as relaxing minimum parking requirements, unit mix, open space, and other typical zoning or building code requirements.

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Program Background:

The COVID-19 pandemic has had a dramatic impact on the City’s commercial real estate market.

Even prior to the pandemic, the retail industry had been struggling to compete with online retailers and the office market had started to trend downward. Empty storefronts and partially-occupied office buildings are not an uncommon sight in the City. With the downturn of retail and office real estate accelerated by the pandemic, the concept of converting commercial into residential has gained significant interest as another avenue to increase the supply of housing in the City. • Timeframe: by December 31, 2023 2024
• Responsibility: City Planning Division; City Attorney’s Office • Objective: Increase flexibility for reuse of vacant commercial space to residential use.

Program 1.I Ensure That Local Regulations Support Innovations In Construction Technology To The Extent Technically
Feasible
The City shall support innovative lower-cost, efficient, and environmentally sustainable construction techniques for housing. Program shall implement a streamlined building permit review process for housing projects utilizing innovative construction methods and technology, and project-based outcome-oriented permitting benchmarks.

Program Background:

New innovations in building and construction technology could help decrease both the time and cost of housing construction. This includes the use of modular/pre-fabricated (prefab) construction or the use of cross laminated timber. Prefab construction involves producing standardized components of a structure in an offsite factory, then assembling them onsite. When prefab construction is done at economies of scale, it can result in significant reduction in housing cost. Cross laminated timber (CLT) has recently started gaining traction in North America as a viable type of construction. In addition to being more sustainable, CLT can significantly reduce the time and labor costs for construction. • Timeframe: by December 31, 2023 2024
• Responsibility: City Planning Division; Building and Safety Division • Objective: Remove impediments to innovation in housing construction.

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Program 1.J Rezoning By Revising Development Standards To Ensure That Housing Projects Are Feasible And Incentivized Over Commercial Development
The City shall amend the Zoning Ordinance, LUCE, and the Bergamot Area Plan (BAP) to increase FAR and height standards throughout the city’s non-residential zoning districts (other than Downtown which is addressed in Program 1.F) to levels that can support feasible housing projects. The City’s assumptions of feasibility and the City’s SSI inventory are based on the results of a feasibility analysis prepared by HR&A dated June 9, 2021 and February 2, 2022. Based on the results of the feasibility analysis, the feasible FARs for housing projects range from a minimum 2.02.75 to 3.25 with heights ranging from 55 feet to 65 feet. The City reserves the right to adjust these heights and FARs up or down. Any changes will promote housing to ensure ensure feasibility and that overall unit capacity assumed in the site inventory is met, including income category, and will be no lower than minimum FAR shown in the tables below. existing allowable height and FAR as of October 13, 2021. The off-site affordability requirement will be greater than the on-site requirement.

Zone
Approx.

Acres to be
Rezoned
Current Tier
1 FAR/Height
Current Tier
2 FAR/Height
Minimum
FAR/
Height with
Rezoning
MUBL – N of I-10 107 1.50/36 ft 1.75/36 ft 3.25/70 ft
MUBL – Pico 15 1.50/36 ft 1.75/36 ft 2.00/45 ft
MUBL – Pico (West of Lincoln) 4 1.50/36 ft 1.75/36 ft 2.50/55 ft MUBL – Main St 10 1.50/36 ft 1.75/36 ft 2.50/55 ft
MUBL - Lincoln 107 1.50/36 ft 1.75/36 ft 2.50/55 ft
MUB 59 1.50/39 ft 2.25/50 ft 3.25/70 ft
GC (SMB) 24 1.25/ - 1.50/35 ft 3.25/70 ft
GC (Lincoln) 19 1.50/36 ft 2.00/36 ft 2.50/55 ft
GC (Pico) 4 1.50/36 ft 2.00/36 ft 2.00/45 ft
NC 27 1.50/32 ft N/A 2.25/50 ft
NC (Main) 14 1.00/27 ft N/A 2.50/55 ft
NC (Ocean Park) 15 1.00/32 ft N/A 2.50/55 ft

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NC (Montana) 15 1.00/32 ft N/A 2.50/55 ft
IC 77 N/A N/A 3.00/65 ft
OC 88 N/A N/A 2.75/60 ft
HMU 39 1.50/45 ft 2.50/70 ft 2.50/70 ft
Bergamot Area
# Acres
to be
Rezoned
Current
Tier 1 FAR/
Height
Current
Tier 2
FAR/
Height
Current
Tier 3
FAR/
Height
Minimum
FAR/
Height
with
Rezoning
BTV 35 1.75/32 ft 2.00/60 ft 2.50/75 ft 4.0/84 ft
MUC – South of Nebraska,
North of Expo Bike Path
19 1.50/32 ft 1.70/47 ft 2.20/57 ft 4.0/84 ft
MUC - remainder 49 1.50/32 ft 1.70/47 ft 2.20/57 ft 4.0/84 ft CCS 8 1.50/32 ft N/A N/A 2.50/55 ft
CAC 17 1.00/32 ft 1.00/60 ft 1.00/75 ft 2.50/55 ft
The City shall consider opportunities, including rezoning or the creation of new zoning districts, as necessary, to facilitate advancement of housing goals and/or historic preservation.

In addition to FAR and height, the City shall review and mofify as appropriate all standards and regulations that may be considered a constraint to housing production, including, but not limited to, development impact fees, unit mix requirements, and design standards such as restrictions on ground floor residential use, minimum/maximum ground floor height, and daylight plane adjacent to existing residential neighborhoods.

Program Background:

When the LUCE was adopted in 2010, its core strategy was to capitalize on the City’s extensive transportation system including the Metro Expo Light Rail and to protect the City’s residential neighborhoods with an emphasis on policies that discourage tenant displacement. This growth strategy has resulted in significant new housing production in the Downtown, but it has also perpetuated the historic patterns of housing segregation that remains to this day. Although all of Santa Monica is considered a high or highest resource area, there remain a handful of areas where housing would not be likely to develop due to FARs that are not high enough to support the City’s regulatory requirements.

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The current FARs and heights allowed in the Zoning Ordinance are shown below:
• Timeframe: by March 31, 2022 October 15, 2022
• Responsibility: City Planning Division; City Attorney’s Office • Objective: Support the production of affordable housing and encourage the equitable production of housing across the City.

Program 1.K Adequate Sites Program
To accommodate the City’s lower-income RHNA shortfall, the City shall make amendments to the Land Use and Circulation Element (LUCE), Downtown Community Plan (DCP), Bergamot Area Plan (BAP) and Zoning Ordinance, as necessary, to create the opportunity for 1,880 lower income units and establish that the City-owned sites identified in the Suitable Sites Inventory meet all requirements pursuant to Government Code Section 65583.2(h) and (i) including but not limited to allowing are allowed 100 percent residential use and require requiring residential use to occupy at least 50 percent of the floor area. Additionally, while not required to meet the shortfall of lower-income units, the Zoning Ordinance shall be amended to specify additional mixed-used zoning districts that shall be allowed 100 percent residential uses. To ensure that the City complies with SB 166 (No Net Loss), the City will monitor new residential and mixed use project applications to ensure an adequate inventory is available to meet the City’s RHNA obligations.

Program Background:

Government Code section 65583(f) and Government Code section 65583.2(h) states that where the inventory of sites does not identify adequate sites to accommodate the RHNA for lower income households, a program must be included to identify sites that can be developed for housing within the planning period. As the City will be accommodating more than 50 percent of the low- and very low-income regional housing shortfall on City-owned sites, the City must allow these sites in the inventory to accommodate 100 percent residential use and require residential use to occupy at least 50 percent of the floor area in a mixed-use project.
• Timeframe: by August 1, 2022 June 30, 2023
• Responsibility: City Planning Division
• Objective: Create opportunity to accommodate the City’s lower-income RHNA targets.

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GOAL 2
Housing production for all income categories including for the community’s workforce and most vulnerable communities.

Program 2.A Establish A Moderate-Income Affordable Housing Zoning Overlay
The City shall amend the Zoning Ordinance to establish a 100% affordable housing overlay for moderate-income (up to 120% AMI) housing projects in at least three targeted areas of the City such as Downtown area, Bergamot area, and the immediate area around the 17th Street/Santa Monica College Expo station. The moderate-income affordable housing overlay would allow a height increase of up to three additional stories or 33 feet, 50% density bonus, up to four incentives and concessions, no minimum parking requirements, and flexibility in unit size/unit mix in exchange for additional common area amenities.

Program Background:

AB 1763 amended State density bonus law (Government Code Section 65915) to allow 100% affordable housing projects unlimited density and up to 3 stories or 33 feet above maximum height limits within 1/2 mile of transit. The changes also provide relief from minimum parking requirements and allow requests for up to four incentives/concessions from local development standards.

State Density Bonus law incentives for 100% affordable housing projects only applies to projects up to 80% AMI. The City’s Zoning Ordinance similarly defines 100% affordable housing as only including projects up to 80% AMI. As a result, there are no incentives for moderate income housing projects (serving households up to 120% AMI) even though the City has received a RHNA allocation for moderate income units. In the 5th Cycle Housing Element, the City did not meet its RHNA targets for moderate-income units. In addition, funding sources for 100% affordable projects generally focus on households earning up to 80% AMI and do not provide funding for moderate-income projects.

Moderate-income housing units serve an important segment of Santa Monica workers and residents that do not qualify for lower-income affordable units yet cannot afford market rents. • Timeframe: by August 1, 2022 June 30, 2023
• Responsibility: City Planning Division; City Attorney’s Office • Objective: Provide significant incentives for 100% affordable housing including moderate income households.

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Program 2.B Right Of First Offer Ordinance For Nonprofit Affordable Housing Providers
Promote the use of SB1079 (2020) which created a new foreclosure sale process for 2-4 unit buildings that allows qualified parties a means to purchase property in foreclosure, subject to certain requirements. Building off this state law, tThe City shall consider adopting a Right of First Offer Ordinance that would provide nonprofit affordable housing providers the right of first offer for a specified time period to acquire private properties outside of foreclosure as they become available for purchase. As part of this effort, the City shall prioritize the scope of properties that would most effectively achieve the goal of making non-profit housing providers more competitive in the land buying market for the purpose of preserving or producing affordable housing. Given the lack of an identified funding source to assist nonprofit affordable housing providers in purchase of multi-unit residential buildings through this program, explore funding sources, including grants and loans, that would contribute to the acquisition/rehabilitation quantified objective of 40 units. Require purchasers to preserve units as permanently affordable.

Program Background:

Acquisition and rehabilitation of existing housing and conversion to affordable units can preserve naturally occurring affordable housing while also providing existing residents the opportunity to maintain their housing at an affordable level and minimize overall tenant displacement. • Timeframe: by December 31, 20234
• Responsibility: City Planning Division; Housing and Human Services Division; City Attorney’s Office
• Objective: Support 100% affordable housing by assisting nonprofit affordable housing providers to be competitive in the land acquisition market.

Program 2.C Update The City’s Affordable Housing Production Program To Increase The Number Of Affordable Housing Units At All Income Levels
In order to increase the number of affordable housing units at all income levels such that 15% of all new multi-unit residential housing units are affordable to low and moderate income households and aim to achieve the Quantified Objective for lower income households as shown in Figure 5-1, Chapter 5, the AHPP on-site and off-site option for housing projects located outside of the Downtown shall be revised to maximize the contributions of the AHPP to achieving the RHNA affordable housing allocation and advancing the City’s affordable housing goals. Areas to be considered may include, but not be limited to:

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• Increase the threshold (to at least 6 units) at which projects are required to provide onsite or off-site affordable units. • Eliminate the current “menu” option of affordability requirements and instead establish a new base affordability percentage
• Re-evaluate the in-lieu fee option for applicants to pay a fee instead of constructing affordable units to ensure that the fee supports the funding and construction of new affordable housing throughout the City; and
• Evaluate the possibility of a mixed-compliance option that would provide applicants more flexibility in meeting AHPP requirements
• Increase the minimum percentage of required off-site affordable units to be higher than the on-site option;
• Allow projects to locate off-site affordable housing anywhere in the City that is not a disadvantaged area as defined by SB535, which includes socioeconomic and environmental metrics
• Allow market-rate projects to comply with AHPP off-site option through acquisition and rehabilitation of existing rental units and converting those to deed-restricted units.

Program Background:

In 1990, Santa Monica voters adopted Proposition R,
which requires 30% of all multi-family residential
housing that is newly constructed in the City
to be affordable for at least 55 years to and
occupied by low- and moderate-income
households. In July 1998, the City Council
enacted an Affordable Housing Production
Program (AHPP), requiring developers of
market-rate apartment and condominium
projects to contribute to affordable housing
production and thereby help the City
meet its affordable housing need. The
current AHPP requires market-rate housing
developers to select from a “menu” of options
for the production of affordable housing (see
table below). However, in 2013, the menu option
of the AHPP was amended to add the extremely
low-income option, and since that time, the menu

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had the effect of producing many affordable units at the extremely low-income level at the cost of production of other income levels, with particular shortages happening at the 80% to 120% AMI income levels. In response, Option 1 (the extremely-low income option) was temporarily removed by adoption of Ordinance 26059(CCS) by the City Council on April 9, 2019 until November 26, 2019, which has since been extended by the City Council until February 28, 2022. This temporary elimination of the extremely low-income “menu” option had the effect of increasing the minimum inclusionary requirement to 10% of total units for Tier 1 projects, and 15% of Tier 2 and 3 projects affordable to 50% AMI households.

AHPP Menu Option Tier 1 Tier 2/3
1 5% of the total units at 30% AMI 7.5% of the total units at 30% AMI 2 10% of the total units at 50% AMI 15% of the total units at 50% AMI 3 20% of the total units at 80% AMI 30% of the total units at 80% AMI 4 100% of the total units at 120% AMI Not applicable
The AHPP also currently allows developers to fulfill their affordable obligation by providing units off-site or, in limited circumstances, paying an in-lieu fee. However, if a developer elects to provide affordable units off site, the units are required to be located within ¼ mile of the market-rate project, except that within the Downtown Community Plan area, developers of Tier 2 or Tier 3 housing project have the flexibility to locate the off-site housing anywhere within the Downtown. • Timeframe: by June 30, 2022 April 30, 2023
• Responsibility: Housing and Human Services Division; Economic Development Division; City Attorney’s Office
• Objective: Ensure that the AHPP provides housing developers viable options for compliance.

Program 2.D Update Density Bonus Ordinance To Ensure Consistency With State Law And Integration Into The City’s Land Use System
The City shall update the density bonus ordinance, Santa Monica Municipal Code Chapter 9.22, to ensure consistency with State Density Bonus Law and integration with the City’s land use system, including the AHPP. The ordinance will clarify how to apply State density bonus law in the City’s commercial and mixed-use districts that do not have maximum density controls, including application of State density bonuses to floor area dedicated to residential uses. The amendments to the Municipal Code shall also set forth a voluntary by-right menu of incentives & concessions that do not require following the

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process under Government Code Section 65915(d) for approval. Requests for “off-menu” incentives and concessions may be requested pursuant to Government Code Section 65915(d).

Program Background:

On August 25, 2020, the City Council updated Santa Monica Municipal Code Chapter 9.22 which implements State density bonus law, to incorporate updates to the State Density Bonus Law for 100% affordable housing projects. At the time of the update in 2020, the City deferred amendments that would clarify how to apply State Density Bonus Law to the City’s commercial and mixed-use districts, pending further study, which has been ongoing since December 2019.

After the August 2020 update, Assembly Bill 2345 took effect on January 1, 2021, which expanded and enhanced development incentives for market rate projects that provide affordable housing. AB 2345 increases the maximum density bonus from thirty-five percent (35%) to fifty percent (50%).

To be eligible for the maximum bonus of 50%, a project must set aside at least (i) fifteen percent (15%) of total units for very low-income households, (ii) twenty-four percent (24%) of total units for low-income households, or (iii) forty-four percent (44%) of for-sale units for moderate income households. Levels of bonus density between thirty-five percent (35%) and fifty percent (50%) are granted on a sliding scale
• Timeframe: by March 31, 2022 October 15, 2022
• Responsibility: City Planning Division; City Attorney’s Office • Objective: Ensure consistency with State Law.

Program 2.E Commit To The Production Of Affordable Housing On CityOwned/Publicly- Owned Land The City shall commit City-owned sites for the production of 100% affordable housing, with consideration of other community-serving purposes, including, but not limited, to green space, place making, and/ or community-serving commercial and revenue generating uses.

The City shall plan for a minimum of 1,884 1,880 affordable housing units across available Cityowned sites, which are located throughout the city, as shown in Figure F-6, Appendix F, which may include, but shall not be limited to, rezoning actions in the LUCE, Specific Plans, and/or Zoning Ordinance amendments. Amendments to maximize affordable housing development potential on City-owned sites, and any subsequent development of those sites will be guided through a public process, including engagement of community stakeholders. At least three RFPs shall be issued for city-owned sites identified on the Suitable Sites Inventory to accommodate at least 1,880 affordable units. The first An RFP for a at least one city-owned site shall be issued by June 30, 2023. Future RFPs shall be staggered based on availability of resources. Subsequently, the City shall issue an RFP by

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June 30, 2025, and June 30, 2027 accounting for existing constraints on city-owned sites such as existing leases as shown in Figure F-6, Appendix F. Following the regular process for production of affordable housing on city-owned land, at the conclusion of the RFP process, the City will select a developer partner for each city-owned site with the intent to develop each site for 100% affordable housing. The developer would negotiate a ground lease with the City, process any necessary loans through the City’s local Housing Trust Fund, and concurrently process the Planning entitlements for the project through a ministerial process. The timeframe from selection of a developer to issuance of building permits typically takes approximately 24-30 months.

As has been done in the past, the City will use a variety of tools Tto facilitate 100% affordable housing development including but not limited to:
•Facilitate appropriate zoning and process to support 100% affordable housing •Substantially reduced or free ground rent
•Providing funding through local housing trust fund
•Support applications for other funding sources for affordable housing (e.g. low-incomehousing tax credits, grants, State funding, Federal funding) Further, the City will continue to assess appropriate City-owned properties for the development of affordable housing, or in some cases may consider the most appropriate disposition of City properties to nonprofit developers for the development of affordable housing.

Program Background:

As a built-out community, the City of Santa Monica has few remaining vacant sites for residential development. This shortage of vacant land necessitates the use of alternative mechanisms for providing sites for housing. In the past, the City has used such mechanisms as long-term leases of City-owned or publicly-owned land. City-owned land is subject to the same development standards as privately-owned land, but may benefit from additional flexibility in order to maximize the development potential for 100% affordable housing.

An RFP to redevelop Parking Structure 3 located on the Third Street Promenade as affordable housing was issued in August 15, 2019 and a developer partner was selected is currently pending review. The Parking Structure 3 RFP required that proposals including a significant commitment to permanent supportive housing for people experiencing homelessness and established parameters for affordable housing including long-term income eligibility and affordability covenants, tenant selection from the City’s below-market-rate list, and allowance to target other populations such as working families, seniors, and artist live/work housing.

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• Timeframe: RFPs issued by June 30, 2023; June 30, 2025; June 30, 2027 by December 31, 2023 and Annual Ongoing
• Responsibility: Housing Division: City Planning Division; Economic Development Division
• Objective: Prioritize affordable housing production on city-owned land.

Program 2.F New Affordable Housing Finance Programs To Enable Continued Provision Of Technical And Financial Assistance For Housing Production
The City shall leverage its commitment to use of City-owned land for affordable housing with advocacy for new sources of state, federal, and philanthropic funding that may be used for housing. Once appropriate funding sources are identified, the City will take the necessary steps to move forward.

The City has adopted policy on prioritizing our local funding through a Housing Trust Fund plan that includes spending commitments for affordable housing production and preservation for special needs and ELI households, including exploring new funding for conversion to deed-restricted, multiunit developments in areas of affluence. The plan outlines a funding strategy for ELI households including seniors and persons living with disabilities. The City will continue to implement the policy and execute funding commitments to produce housing targeted to persons experiencing homelessness or at-risk of homelessness. Local funding through the Housing Trust Fund will also help support the production of at leats 1,880 affordable housing units production on City-owned/publicly owned land in accordance with Program 2E. On an ongoing basis, the City will continue to communicate with local affordable housing providers on potential housing projects based on funding availability.

The City has historically provided technical and financial support to a variety of nonprofit housing providers to support affordable housing development through the local Housing Trust Fund. Since the dissolution of the City of Santa Monica’s Redevelopment Agency (RDA), the main funding source for the Housing Trust Fund comes from a 0.5% sales tax passed by the voters in 2016. Remaining funding sources, such as the affordable housing commercial linkage fee and the affordable housing in-lieu fee, and contributions from negotiated development agreements, do not provide sufficient funding to

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fill the gap left from the loss of RDA funds. The City continues to work with nonprofit partners to seek out and apply for federal and state funding, as it has done in the past, which resulted in numerous successful funding efforts by nonprofit affordable housing providers.

The awarded State grants, as well as future State grants, are essential to Santa Monica’s ability to create affordable housing on City-owned land and further the goals of the City’s Housing Element.

In the current environment, the City will need to think creatively and support efforts at the state and federal level to create new funding opportunities for affordable housing in order to maintain current productivity levels. This Housing Element commits City-owned land for 100% affordable housing.

Because land acquisition is typically the largest cost driver for affordable housing, it is anticipated that use of City land will alleviate the impact of land cost on the feasibility of an affordable housing project and allow limited funding resources to be used more effectively in producing affordable housing. • Timeframe: Annual Ongoing
• Responsibility: City Planning Division; Housing and Human Services Division • Objective: Seek innovative affordable housing financing tools to increase production.

Program 2.G Expand Housing Choice By Facilitating The Development And Maintenance Of Special Needs Housing
The City shall continue to utilize available financial resources and partnerships with service providers to create and retrofit existing housing for special needs households throughout the city with a target of 20 minor home repairs over the Housing Element cycle. This includes the provision of new programs, services, infrastructure and amenities that can help seniors who choose to live independently remain in their homes as long as possible.

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Program Background:

Santa Monica has a significant residential population in classes protected by California State housing law, which include the elderly, Individuals with mental, physical, and developmental disabilities, large families, female-headed households, and homeless individuals and families without permanent housing. Finding access to resources and adequate, affordable housing is often challenging for individuals and families under such circumstances. Housing for seniors and those with disabilities should incorporate features that contribute to a barrier-free environment, ensuring that anyone who uses a wheelchair or other mobility device is able to visit a building, and accessibility to transit and services.
• Timeframe: Annual Ongoing
• Responsibility: Housing and Human Services Division; Building and Safety Division • Objective: Housing for individuals with special needs.

Program 2.H Maintain Proposition I Monitoring
The City shall monitor utilization of Proposition I authority through annual reporting of new “low renthousing projects.

Program Background:

Article 34 of the State Constitution requires that any low rent housing project developed, constructed, or acquired by a public agency must first be approved by a majority of the voters living in that jurisdiction. In compliance with this article, the City of Santa Monica put a referendum (Proposition N) before the voters in 1978 in order to win approval to “develop, finance, or rehabilitate, but not own or operate within the city, housing for rental to low- and moderate-income persons, no less than 50% of which shall be reserved for persons age 60 or older, not to exceed in total throughout the city, 1% of the dwelling units in the city.” On November 3, 1998, Santa Monica’s voters approved Proposition I, which provides the City with an annual authorization to develop, construct, acquire, and finance low- income housing units, including senior housing. The City’s annual authorization is equal to onehalf of 1% of the total dwelling units existing in the city at the end of the prior fiscal year. This annual authorization may be carried over the three years.
• Timeframe: Annual Ongoing
• Responsibility: Housing and Human Services Division
• Objective: Ensure the City continues to report on compliance with Proposition I.

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Program 2.I Zoning For A Variety Of Housing Types Including Special Needs Housing And Housing Access For Persons With
Disabilities
The City shall review and update the Zoning Ordinance and BAP, as applicable, to ensure consistency with State law as needed regarding special needs housing types and residential land use classifications as needed. Review and expected revisions will include, but are not limited to, updating parking requirements for Emergency Shelters pursuant to AB 139, the city’s definition of “household”, and land use requirements for Residential Care Facilities for seven or more persons to promote objectivity and approval certainty.

Program Background:

Since the 2015 Zoning Ordinance update, the State has passed various laws that have removed barriers for special needs housing types, such as emergency shelters, group residential, and supportive/ transitional, as well as other residential land uses. These laws have been put into place to ensure that cities zone for a variety of housing types.
• Timeframe: by December 31, 20223 and Annual Ongoing
• Responsibility: City Planning Division; City Attorney’s Office; Housing and Human Services Division
• Objective: Ensure the City is compliant with all State laws for special needs housing types and residential land uses.

Program 2.J Prioritize Water And Sewer Service To Housing Projects With On-Site Affordable Units
The City shall establish written procedures to grant priority to developments with on-site units affordable to lower-income households if availability of service is limited.

Program Background:

Government Code Section 65589.7 requires water and sewer service providers to establish procedures that grant priority water and sewer service to developments that include units affordable to lowerincome households. • Timeframe: by December 31, 20223
• Responsibility: Public Works Department
• Objective: Prioritize infrastructure service to developments with lower income units to support the production of affordable housing throughout the City.

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GOAL 3
Preservation of the existing supply of housing and prevent displacement of existing tenants.

Program 3.A Restrict The Removal Of Existing Rental Units For Site Redevelopment And Require That Protected Units Are
Replaced
The City shall amend the Municipal Code to adopt local requirements that make permanent and potentially expand upon the anti-displacement requirements of SB 330 to ensure that 100% of all protected units proposed to be demolished in order to construct a new housing development project are replaced.

Program Background:

SB 330 (effective 01/01/21 through 01/01/25) and SB 8 (extended SB330 through 01/01/30) enacted a program that establishes unit replacement requirements and tenant protections for new housing projects proposing the demolition or removal of “protected units”, generally defined as units subject to any form of rent restrictions or price control. These “protected units” include rent-controlled units that must be replaced as part of a new housing project until SB330 sunsets in 2030. • Timeframe: by August 1, 2022June 30, 2023
• Responsibility: City Planning Division
• Objective: Protect existing residents by preserving existing rental housing stock; no net loss of units.

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Program 3.B Develop Tenant And Landlord Programs To Address State And Federal Legislative Mandates Regarding AntiDiscrimination The City shall continue to implement programs throughout the City, including tenant and landlord education/outreach through workshops that are held twice as well as regular noticing of fair housing issues, that strive to protect tenants against landlord discrimination and cancellation of existing Section 8 contracts (including City and/or private foundation-funded subsidy) to enable tenants to remain and pay the maximum allowable rent (MAR). The City will continue to fund the acquisition and rehabilitation of existing rental units and continue to investigate new, innovative ways to increase the affordability of housing in light of the loss of formerly affordable units due to vacancy de-control and Ellis withdrawals. The City will also continue to work with community partners to keep the public aware of fair housing rights and obligations (along with the now much-needed rental assistance programs), and to use enforcement of our laws to help stop housing discrimination in Santa Monica whenever it appears. such as the Legal Aid Foundation of Los Angeles Program Background:

Residents of Santa Monica adopted the City’s rent control law in 1979. Passage of the Costa-Hawkins Rental Housing Act in 1995 by the State Legislature gradually required vacancy de- control/re-control in apartments, and de-control of houses and most condominiums by January 1999; this enables apartment building landlords to raise the price of rent-controlled apartments to market rate when the unit is vacated and is to be rented to a new tenant, establishing a new base rent for the unit. This has allowed 74% of the rent-control housing stock to reset to market rents.

Even with Santa Monica’s exception to the HUD payment standard granted in 2016, the vast majority of Santa Monica’s existing housing supply is out of reach for lower income households. With limited federal funding resources being allocated to cities, the demand for housing assistance outpaces available resources.

The City’s progressive legal protections, such as the just-cause eviction protections in rent-controlled units, have contributed to keeping rent-controlled units affordable to current low- and very low– income tenants. In addition, to help reduce the impact of Costa-Hawkins, the City has developed an Housing aAnti-dDiscrimination ordinance (Santa Monica Municipal Code chapter 4.28), which prohibits various types of housing discrimination—such as refusal to rent, differential treatment, discriminatory statements--on the basis of disability, age, source of income, parenthood, pregnancy, or the potential or actual occupancy of a minor child. In 2015, as an affordable housing measure, the City added Source of Income as a protected class and then added an extra layer of protection with a pioneering definition for Source of Income. For the first time in Santa Monica and in California, the fair housing law expressly protected recipients of rental assistance such as Section 8.

Furthermore, the City and has launched a 2-year pilot Right to Counsel program to assist tenants facing eviction. The City also provides one-time homeless prevention grants to households in danger of losing their housing.

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• Timeframe: Annual Ongoing
• Responsibility: Housing and Human Services Division (lead); Rent Control Board • Objective: Develop programs to address State and Federal housing mandates.

Program 3.C Facilitate The Conservation Of Restricted And NonRestricted At-Risk Housing There are approximately 770 affordable, deed-restricted units that are at-risk of conversion to market rate in the next 10 years. The City will continue to monitor over this Housing Element cycle the status of the approximately 770 affordable deed-restricted at-risk projects units throughout within the City, ensure that required notice is given to tenants, advise property owners and tenants in advance of potential conversion dates, and assist in answering questions from residents of atrisk housing. As a part of the ongoing monitoring, the City will continue to provide information on maintaining long-term affordability and assist federally-funded housing properties with seeking funding assistance in applying for allocations of housing vouchers from the federal government to maintain housing affordability. On an ongoing basis, the City will continue to communicate with local affordable housing providers on conserving housing projects .

Program Background:

The City has a variety of affordable housing projects, consisting of 3,902 deed-restricted residences that are currently serving the community. Publicly-assisted housing units with federal rental assistance subsidies are protected by covenants. Those units with covenants nearing expiration are considered “at-risk” of potential conversion to market-rate housing. According to the City’s local data, a total of 770 publicly-assisted housing units protected by covenants that are due to expire in the next 10 years. They are, therefore, at risk of potential conversion to market rate. These units serve seniors or persons with special needs, with one property serving families.

In addition to the federal covenants, the affordability of the units in these projects is further protected through additional requirements or incentives that the City placed on their loans when they were constructed. Some units are considered to have a lowered risk of conversion to market rate because they are owned and operated by nonprofits whose mission is to create and maintain affordable housing. As the cost of conserving existing deed-restricted affordable units is far less than the cost of producing new ones, and the need for affordable units remains strong, efforts should be directed at ensuring the long-term affordability of these units for low-income households.

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• Timeframe: Annually: staff will identify funds and work with nonprofits as necessary to secure at-risk units, where appropriate and feasible; Ongoing:

Monitoring
• Responsibility: Housing and Human Services Division
• Objective: The City proactively monitors units at risk of conversion due to expiring covenants and takes actions to ensure their long-term affordability.

Program 3.D Maintain An Acquisition And Rehabilitation Program As resources are available, the City shall continue to provide loan assistance to nonprofit affordable housing providers and work with providers to identify new funding sources for acquisition and rehabilitation throughout the city. As outlined in Program 2.B, the City shall adopt a Right of First Offer Ordinance that would provide nonprofit affordable housing providers the right of first offer to acquire existing private properties as they become available for purchase.

Program Background:

The City provides Housing Trust Fund loans to nonprofit housing providers to assist with the purchase and rehabilitation of existing rental properties occupied primarily by low-income households. The acquisition and rehabilitation of existing housing and conversion to affordable rental units preserve naturally occurring affordable housing while also ensuring housing stability for existing tenants by allowing them to remain in their units at deed-restricted affordable rents. • Timeframe: Annual Ongoing
• Responsibility: Housing and Human Services Division; Santa Monica Housing Authority
• Objective: Protect existing residents by acquiring and rehabilitating existing housing.

Program 3.E Maintain A Low-Income Residential Repair Program The City shall support and fund the rehabilitation of 38 multi-family units and provide 20 minor home repairs throughout the City.

Program Background:

The City implements the Residential Rehabilitation Program for owners of multifamily rental properties occupied by low- and moderate-income tenants; and the Owner-Occupied Rehabilitation Program for low- and moderate-income owners.

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Minor home modifications improve physical access for people with disabilities and seniors that assist with independent living. Modifications are funded through the City’s Human Services Grants Program using Community Development Block Grant (CDBG) funds. • Timeframe: by 2024
• Responsibility: Housing and Human Services Division; Santa Monica Housing Authority
• Objective: Rehabilitate 38 multi-unit dwellings and provide 20 minor home repairs.

Program 3.F Enhance Code Enforcement Response To Housing-Related Violations
The City shall continue to respond to residential building code violation complaints throughout the City. Code Enforcement and Building and Safety Divisions will coordinate with the Housing and Human Services Division to provide information on available rehabilitation assistance to correct code deficiencies. The City shall continue to respond to residential substandard housing complaints that affect habitability (which are a Priority 1 complaint) within 1 day.

Program Background:

The Code Enforcement Division responds to complaints of violations of City building codes and in coordination with the Building and Safety Division, provides inspections and notices to property owners to bring their units into compliance. In the case of a residential building code violations that do not affect habitability, the City provides up to 30-days to correct the violation. If the work necessitates a building permit, the City provides up to 180 days to correct the violation (the life of the permit). In the case of substandard housing that affects habitability, the City requires the landlord to promptly commence the work to restore the unit(s) to a habitable condition and return tenants to their units through the Habitability Determination Form and Relocation Order and provide tenant protections (temporary relocation).
• Timeframe: Annual Ongoing
• Responsibility: Building and Safety Division, Code Enforcement Division, Housing and Human Services Division
• Objective: Require property owners to respond to Building Code violations and complete routine maintenance on their residential buildings.

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Program 3.G Maintain A Mandatory Seismic Retrofit Program The City shall continue to implement the Seismic Retrofit Program pursuant to the City’s Seismic Retrofit Ordinance. The City shall aim to issue building permits for seismic retrofit throughout the city of at least 900 buildings by the end of this Housing Element Cycle.

Program Background:

In March 2017, the City Council adopted a Seismic Retrofit Ordinance and the City implemented the Seismic Retrofit Program that proactively seeks to strengthen existing earthquake-vulnerable buildings and enhance the safety and security of their occupants. Nearly 2,000 commercial and residential buildings in the City were identified as potentially seismically vulnerable in need of possible structural improvement and are required to comply with the Program within established timeframes based on building types (20-year program overall). Ongoing seismic retrofit improvements to existing multi-unit residential buildings will help maintain the safety and structural integrity of the City’s aging housing stock. • Timeframe: Annual Ongoing
• Responsibility: Building and Safety Division
• Objective: Protect existing residents by ensuring the safety and structural integrity of existing residential buildings.

Program 3.H Information And Outreach For Property Owners Regarding Rehabilitation And Maintenance Of Housing Units
The City shall provide additional education and outreach to multi-unit property owners on available City programs to support continued rehabilitation, maintenance, repairs, and upgrades of their housing units. Outreach will continue to include at least one annual seminar dedicated to providing information to rental property owners on rehabilitation and maintenance of properties.

Program Background:

Tenants in rent-controlled units who allege that their rental units need repairs or maintenance, or that their housing services have been reduced, may petition to have their monthly rent decreased.

In 2019, eighty decrease petitions were filed. Both the City and Rent Control Board co-sponsor an annual Maintenance of Residential Rental Property seminar and coordinate regarding relocation disputes, use of withdrawn properties, and maintenance and enforcement issues. Annual tenant and landlord forums also educate both groups on their rights and responsibilities including but not limited to available programs, resident qualifications, and benefits of program participation.

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• Timeframe: Annual Ongoing
• Responsibility: Housing and Human Services Division; Rent Control Board • Objective: Inform property owners regarding proper maintenance of residential units.

Program 3.I Right To Counsel Program
The City shall continue to implement a Right to Counsel pilot program and evaluate its overall effectiveness, program capacity, and long-term feasibility.

Program Background:

In April 2021, the City initiated a two-year pilot Right to Counsel program, an initiative to provide legal assistance and support for tenants facing eviction, particularly amid the COVID-19 pandemic. This pilot program is available to Santa Monica tenant households whose income is at or below 80% of the County’s Area Medium Income (“AMI”), and facing eviction attempts by their landlord. The program includes a contract with the Legal Aid Foundation of Los Angeles (LAFLA), the nonprofit law firm for low-income residents, to provide full-scope eviction defense services in which LAFLA attorneys will represent tenants in court. This partnership seeks to provide emergency support to low-income tenants in need of legal assistance. Under the City’s pilot program and Los Angeles County’s parallel program, StayHousedLA, LAFLA has already helped 40 Santa Monica tenants facing eviction obtain full-scope legal representation. Another 42 have received limited scope services. • Timeframe: Ongoing
• Responsibility: City Attorney’s Office
• Objective: Prevent the displacement of tenants by providing access to legal assistance and support for tenants facing eviction.

Program 3.J Restrict Conversion Of Existing Rental Housing To Condominiums
The City shall continue to regulate condominium conversions pursuant to SMMC Section 9.24.040.

The City will continue to track the City’s vacancy factor of rental units, and restrict conversions if vacancy factor is 5 percent or less of the total rental housing inventory. Furthermore, the City will monitor removal of rental housing units from the rental housing market and provide annual data.

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Program Background:

Displacement of residents due to
economic pressure is one of the
main contributing factors to housing
segregation. Displacement and
gentrification are widespread in
Santa Monica with the Ellis Act and
Costa-Hawkins Rental Housing Act
allowing owners to either exit the rental
business and evict all tenants or raise
the rents of vacated rent-controlled
units. Restrictions on condominium
conversions are in place to ensure
that required noticing is provided to
tenants and that conversions can
only occur if there is a surplus of rental
housing inventory in the immediate
period before approval of a conversion.

Condominium conversions are currently regulated by SMMC Section 9.24.040. The Condominium Conversion ordinance sets out the conditions under which a condo conversion could be approved including:

1. Rent Control Board approval to remove units from the rental market

2. Tenants have been given required notice of intent to convert and to seek alternative housing

3. Preparation of a conversion report by City staff

4. Notice of any public hearings

5. Structural, electrical, fire and life safety, and plumbing systems are in good repair and maintenance

6. Findings as required by the Planning Commission including finding that the vacancy factor of rental housing units exceeds 5 percent of the total rental housing inventory for a period of 90 days prior to the date of approval.
• Timeframe: Ongoing
• Responsibility: City Planning Division
• Objective: Restrict loss of rental housing units to condominium conversions.

Conversion restrictions will continue to protect and retain older

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GOAL 4
A community that provides equitable housing access to all neighborhoods.

Program 4.A Zoning Ordinance Amendment To Permit Multiple-Unit Housing In Non-Residential Zones Where Not Currently
Permitted
The City shall amend the Zoning Ordinance, LUCE, and associated specific and area plans to add multi-unit housing as a permitted use in non-residential zones where housing is currently prohibited.

To promote the fair and equitable distribution of new housing opportunities across the City, land use regulations shall be amended to add multi-unit housing as a permitted use in areas where housing is currently prohibited. Land use regulations, FAR, and height (as indicated in Program 1.IJ) will be revised to allow housing in the three areas zones that currently do not allow housing such as the Office Campus, Industrial Conservation, and Creative Conservation Sector zones.

Program Background:

When the LUCE was adopted in 2010, its core growth strategy was to encourage housing in close proximity to major transportation systems, such as the Metro Expo Light Rail and transit corridors, and to protect the City’s residential neighborhoods by discouraging development that would result in displacement of tenants. The housing incentives were balanced with a plan to support the City’s economic base by incentivizing retention of existing commercial and industrial space in select areas of the City to support existing and growing businesses. This growth strategy has resulted in new housing production largely in the Downtown and some limited areas on the boulevards, but it has also perpetuated the historic patterns of housing segregation that remain to this day. Although all of Santa Monica is considered a “high resource” area based on maps produced by the California Tax Credit Allocation Committee, there remain a handful of areas that provide little to no housing opportunities.

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• Timeframe: by August 1, 2022 October 15, 2022
• Responsibility: City Planning Division; City Attorney’s Office • Objective: Support the production of affordable housing and encourage the equitable production of housing across the City.

Program 4.B Facilitate The Development Of Housing On Surface Parking Lots Owned By Community Assembly Uses
In order to Affirmatively Further Fair Housing, the City shall adopt standards that support the production of affordable housing on surface parking lots owned by community assembly uses, including religious congregations, including allowing not more than 50% market-rate units to support the affordable housing, unlimited, density, no minimum parking requirements, an additional 33 feet of building height, and allowance for the primary community assembly use and related ancillary use, for the support or expansion thereof, on or above the ground floor.

Program Background:

AB1851 was passed in 2020 to remove
an important barrier to housing
construction on lands owned by a
religious institution. The law states that
a jurisdiction cannot deny a housing
project proposed by a religious institution
on the sole basis that it will remove
parking. Approximately fifteenseven
parcels with religious congregations,
which are classified in Santa Monica
as community assembly uses, have
large surface parking lots, have been
identified on the SSI, and are located
within high or highest resource areas.

During the outreach process of the Housing Element, many of these religious congregations have expressed interest in developing housing on their properties; however, the Zoning Ordinance development standards for these sites severely limits the housing potential of these sites. • Timeframe: by August 1, 2022June 30, 2023
• Responsibility: City Planning Division
• Objective: Increase equitable access to all residential neighborhoods and incentivize affordable housing in areas that have historically excluded diverse housing opportunities.

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Program 4.C Provide New Housing Choices And Affordability In High Opportunity Areas Through Incentives For Additional ADUs In R1-Zone Neighborhoods
The City shall establish programs to address historically exclusionary single-unit dwelling zones by encouraging and incentivizing the production of ADUs in single-unit residential districts in accordance with Program 4.F. This would include allowing an additional ADU to be constructed if the ADU is deed restricted as a rental unit. As ADUs are naturally more affordable by design given their size, the program would help affirmatively further fair housing by helping to provide new housing choices and affordability in high opportunity areas of the City that are largely unaffordable to many people.

Program Background:

Historic practices like redlining and restrictive
covenants have perpetuated housing segregation
and hindered fair access to housing. Although
the City has been a leader in encouraging diverse
neighborhoods through fair housing, rent control
and tenant protections, predominantly homeowner
neighborhoods have accommodated very little
diversity in housing types reducing housing access
for even middle-income households and a large
percentage of Santa Monica workers. R1-zoned
neighborhoods make up approximately 35% of the
land area in the city but contain 13% of the housing
units in the city. In comparison, commercial zoning
comprises only 7% of the City’s land area but contains 15% of the housing units in the City.

The construction of new ADUs in recent years has increased housing opportunities in single -family zones, areas which have traditionally been out of reach for renters. The vast majority of new ADUs constructed or under development in the past 3 years have been in the City’s R1 (singleunit) neighborhoods, providing a valuable source of rental housing access in otherwise high cost neighborhoods. Under State law, properties are permitted to have one ADU and one JADU. This program will further allow one more ADU on single-unit dwelling parcels with the requirement that the additional third ADU be restricted to permanent rental housing. This program will incentivize the production of ADUs thus providing new housing choice and affordability in the high opportunity areas of the R1 neighborhoods.
• Timeframe: by August 1, 2022June 30, 2023
• Responsibility: City Planning Division
• Objective: Increase equitable access to all neighborhoods by lowering barriers to housing access in areas that have historically excluded diverse housing opportunities.

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Program 4.D Right To Return Program
The City shall continue to implement a Right to Return Pilot Program and evaluate outreach strategies, applicant demand, the availability of historical documentation, verification processes, compliance with government legislation, and the administrative resources required to implement a broader longterm program. The program will provide priority in City-funded affordable housing and inclusionary housing for up to 100 households or descendants of households.

Program Background:

In July 2021, the City initiated a Right
of Return Pilot Program that prioritizes
housing for the historically displaced
households in Santa Monica during the
1950s and 1960s due to urban renewal
policies. The pilot program implements
historical displacement policy by providing
housing access to former residents or their
descendants who were displaced by the
creation of the Civic Auditorium in the
Belmar Triangle neighborhood and the
I-10 freeway in the Pico neighborhood,
both of which disproportionately
impacted low-income communities and
communities of color. The program will
provide priority in City-funded affordable
housing and inclusionary housing for up to
100 households or descendants of households. Qualifying households will be placed on the City of Santa Monica’s affordable housing waitlist (Below Market Housing waitlist) with Second Priority and will be referred to affordable housing providers as housing units become available. • Timeframe: Annual Ongoing
• Responsibility: Housing and Human Services Division
• Objective: Address the historical displacement of Santa Monica households which resulted from the development of the Civic Auditorium and I-10 freeway through the Pico neighborhood during the 1950s and 1960s that disproportionately impacted low-income communities and communities of color and displaced thousands of households living in Santa Monica.

Construction of the Civic Center Auditorium in 1957
Source: Santa Monica Public Library

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Program 4.E PROVIDE NEW HOUSING CHOICES AND AFFORDABILITY IN

HIGH OPPORTUNITY AREAS THROUGH INCENTIVES FOR
SB9 UNITS IN R1-ZONE NEIGHBORHOODS
The City shall adopt a local ordinance implementing SB9, which shall establish an administrative process without any discretionary action, and shall include strong incentives to densify larger parcels in R1-Zone neighborhoods by allowing property owners on parcels of at least 10,000 sf to add ADUs as allowed under State Law in addition to SB9 projects. In addition, these SB9 units shall be required to be rented or sold. This will open up the possibility for property owners to construct up to 6 units through a multi-step process and create more housing choices and affordability in some of the most affluent areas of the city in accordance with Program 4F.

Program Background:

Historic practices like redlining and restrictive covenants have perpetuated housing segregation and hindered fair access to housing. Although the City has been a leader in encouraging diverse neighborhoods through fair housing, rent control and tenant protections, predominantly homeowner neighborhoods have accommodated very little diversity in housing types reducing housing access for even middle-income households and a large percentage of Santa Monica workers. R1-zoned neighborhoods make up approximately 35% of the land area in the city but contain 13% of the housing units in the city. In comparison, commercial zoning comprises only 7% of the City’s land area but contains 15% of the housing units in the City.

SB9, also known as the California Housing Opportunity and More Efficiency (HOME) Act, is a state bill that requires cities to allow one additional residential unit onto parcels zoned for single-unit dwellings. Allowing homeowners proposing SB9 projects to also construct ADUs, particularly on larger parcels, will increase new housing opportunities in high opportunity areas and also promote place-based strategies for community revitalization by increasing housing opportunities in all areas of Santa Monica.
• Timeframe: June 30, 2023
• Responsibility: City Planning Division
• Objective: Increase equitable access to all neighborhoods through small increases that may lower the barriers to housing access in high opportunity neighborhoods

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Program 4.F ESTABLISH TARGET TO INCREASE HOUSING PRODUCTION IN R1 ZONES AND INCLUDE MID-CYCLE MONITORING
The City shall aim to issue at least 47 building permits per year for additional housing units and types in R1 zones. Review progress towards targets by December 31, 2025 and if targets are not being met, adjust land use strategies as necessary and appropriate within one year. • Timeframe: Assess progress by December 31, 2025
• Responsibility: City Planning Division
• Objective: Increase the number of net new housing units in R1 zones GOAL 5
Housing for persons experiencing homelessness.

Program 5.A Reduce The Number Of Homeless Individuals Living On The Streets Of Santa Monica Through The Provision Of A Range Of Housing Options, With An Emphasis On Affordable,
Permanent, Supportive Housing
The City shall continue to seek and leverage funds that contribute to the development of a range of permanent, supportive housing options, within and outside of Santa Monica. Focus case management and housing resources on the most chronic and vulnerable homeless individuals that have been identified on the City’s Homeless Service Registry. Continue to serve other priority homeless populations through City- funded programs. Continue strategies to reunite those not first-homeless in Santa Monica with family and friends in their home communities. Review City policies and practices that may contribute to homelessness.

Program Background:

Santa Monica has a long history of investing in housing and supportive services to prevent and address the impacts of homelessness. In March 2019, the City introduced the Four “Pillars” upon which the City’s homeless strategies are based; 1) preventing housed Santa Monicans from becoming homeless and increasing affordable housing opportunities; 2) addressing the behavioral health needs of vulnerable residents; 3) maintaining equitable access to safe, fun, and healthy open spaces; and 4) strengthening regional capacity to address homelessness. These strategies have been implemented

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through interdepartmental and community partnerships that contributed to a sustained reduction in homelessness in the City’s downtown and beach areas, and helped contribute to an 8% local reduction in the City of Santa Monica’s annual Homeless Count in 2019.

On an annual basis, the City supports agencies that provide supportive services, emergency shelter, and transitional and permanent supportive housing beds to Santa Monica’s priority homeless populations. • Timeframe: Annual Ongoing
• Responsibility: Housing and Human Services Division
• Objective: Continue to invest in and implement housing and supportive services to prevent and address the impacts of homelessness.

Program 5.B Low Barrier Navigation Centers As By-Right Use The City shall amend the Zoning Ordinance to allow Low Barrier Navigation Centers as a by-right permitted use in all non-residential zones permitting multi-unit uses.

Program Background:

Assembly Bill 101, passed in 2019, requires that a low barrier navigation center be a use permitted by right in mixed-use zones and nonresidential zones permitting multi-unit uses if it meets specified requirements. AB 101 defines “low barrier navigation center” as a housing first, low-barrier, serviceenriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter and housing.
• Timeframe: December 31, 20223
• Responsibility: City Planning Division
• Objective: Ensure the City’s regulations and procedures are in conformance with State Law.

The Ocean Park Community Center (OPCC), an example of a Low Barrier Navigation Center in Santa Monica.

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GOAL 6
Provision of housing assistance and supportive programs and services to extremely low-, very low-, low-, and moderate-income households and households with special needs, families, seniors, and the homeless.

Program 6.A Enhance Housing Mobility By Maintaining Rental Housing Voucher Programs Throughout the City And Expand To
Assist All Persons With Disabilities
The City shall continue to operate strong rental housing voucher programs throughout the City and advocate for funding guidelines for Section 8 that are competitive for Santa Monica; and shall pursue additional funding to maintain and expand voucher programs, if possible. Review and update the Housing Authority Administrative Plan annually to ensure compliance with the latest HUD regulations and to provide flexibility to respond to tenants’ needs consistent with legal requirements. Utilize vouchers as a tool to prevent senior homelessness where eligible. When funding opportunities are available, expand the rental housing voucher programs to fill the gap between income levels and the cost of housing for persons with permanent disabilities, including persons with Developmental Disabilities.

Program Background:

The Santa Monica Housing Authority (SMHA) administers two types of rental assistance vouchers, tenant-based and project-based, across five different federal housing programs: Housing Choice Voucher (HCV); Continuum of Care (CoC); HOME Investment Partnerships Program (HOME); Veterans Affairs Supportive Housing (VASH), and Emergency Housing Voucher (EHV) programs.

Tenant-based vouchers are allocated to specific individuals, which allow participants to choose where to lease rental housing, whereas project-based vouchers are allocated to specific properties rather than participants. In FY20201-211, the Santa Monica Housing Authority (SMHA) administered approximately 1,600 rental housing vouchers, including Section 8, Continuum of Care vouchers, HOME vouchers, and Veterans Affairs Supportive Housing (VASH) vouchers. The HOME program targets rent-burdened households at-risk of becoming homeless and persons who have been homeless for at least a year. Of the 772 vouchers that were used, voucher households reside throughout Santa Monica’s multifamily neighborhoods, with no concentration in one zip code. Five properties in Santa Monica representing senior and supportive affordable housing with significant allocations of projectbased vouchers are located in zip codes 90401 (Downtown), 90403 (Wilshire-Montana/Northeast) and 90405 (Ocean Park/Sunset Park) representing a total of 340 affordable housing opportunities.

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Distribution of Voucher Households 2017-2021 by Santa Monica Zip Code Tenant-Based
Vouchers
Project-Based
Vouchers
Total Rental
Housing Vouchers
90401 (Downtown)
Count 154 155 309
Percentage 31% 57% 40%
90402 (North of Montana)
Count 2 0 2
Percentage 0% 0% 0%
90403 (Wilshire-Montana/Northeast)
Count 44 102 146
Percentage 9% 37% 19%
90404 (Mid-City/Pico)
Count 178 0 178
Percentage 36% 0% 23%
• Timeframe: Annual Ongoing
• Responsibility: Santa Monica Housing Authority; Housing and Human Services Division
• Objective: Maintain voucher programs to ensure availability and choice of housing for households at all income levels.

Program 6.B Seek Funding Sources To Support Rental Assistance For Vulnerable Individuals And Households At-Risk Of
Displacement
The City shall continue to pursue and identify new funding sources that support rental assistance programs, including emergency rental assistance for individuals and households at risk of displacement throughout the city with a goal to provide emergency rental assistance to at least 100 households throughout the city over the Housing Element cycle to the extent feasible.

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Program Background:

The City monitors the availability of Federal, State, and County funding sources to support rental assistance programs on an ongoing basis. The City also undertook eviction prevention efforts to focus on keeping residents housed during the ongoing COVID-19 pandemic. The Legal Aid Foundation of Los Angeles (LAFLA) supported residents in maintaining housing through their general legal services program, which provides eviction defense services. Since April 2021, under the City’s Right to Counsel pilot program and County’s Stay Housed LA Program, LAFLA has provided 81 tenants facing eviction with legal representation. In FY2020-21 LAFLA’s general legal services program served 590 Santa Monica households utilizing $506,149 in Human Services Grants Program funding.

The Los Angeles County Development Authority (LACDA) also administered a rental assistance program that opened in August 2020 to assist applicants throughout the County with a total of $133 million from the Coronavirus Aid, Relief, and Economic Security Act (CARES) and County General Funds. At the close of the program, 435 Santa Monica residents were awarded approximately $3.81 million in assistance through the County program.
• Timeframe: Annual Ongoing
• Responsibility: Housing and Human Services Division
• Objective: Maintain housing stability for vulnerable individuals and households.

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Program 6.C Maintain And Expand The Preserving Our Diversity (Pod) Program
The City shall continue to operate the POD program and pursue additional funding to maintain assistance to seniors and evaluate expanding program assistance to other rent burdened residents vulnerable to displacement, if possible. The program shall ensure that POD subsidies do not result in an increase in rents. The City intends the POD Program to serve at least 150 participants within this Housing Element cycle.

Program Background:

The City’s POD program provides cash-based assistance to low-income, long-term Santa Monica residents in rent-controlled apartments to help achieve a “basic needs budget” for seniors to have a minimum amount of income remaining after rent is paid each month for food and medical expenses.

Currently, the program is available for qualifying long-term senior residents. In FY2020-21, the POD program served 196 low-income senior households providing an average monthly assistance of approximately $500 per month, allowing participants to age in place. Applications for POD are accepted both online and by mail, with assistance for those seeking a reasonable accommodation. • Timeframe: Annual Ongoing
• Responsibility: Housing and Human Services Division
• Objective: Assist POD beneficiaries in achieving a basic needs budget.

Program 6.D Information And Outreach Coordination For Tenants And Landlords On Housing Programs And Resources
The City shall prioritize additional education and outreach to tenants and landlords throughout the City to increase awareness of federal and local housing programs and their rights and legal obligations, including Section 8 housing voucher program and anti-discrimination regarding income source.

The City shall strengthen outreach and connect vulnerable residents with housing assistance and resources, including, but not limited to, credit counseling and support services addressing resident needs in securing adequate housing and hosting two educational webinars per year.

Program Background:

Rental housing vouchers provide extremely low- and very low-income households with rent subsidies to bridge the gap between what the household can afford and market rents, although there is a limit to the subsidy amount. The Santa Monica Housing Authority has collaborated with owners of senior housing developments to obtain hundreds of new vouchers allocated to the senior developments allowing property owners to fund rehabilitation and maintenance and ensuring long-term affordability for the existing tenants. The Municipal Code and State law require rental property owners to accept

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Section 8 or housing vouchers and prohibit discrimination against an applicant based on source of income, including housing vouchers. Comments from tenants and landlords during the community engagement for this Housing Element update indicate that there continues to be lack of awareness of the availability of housing programs that could benefit both groups. • Timeframe: Ongoing subject to additional staffing resources • Responsibility: Housing and Human Services Division
• Objective: Raise awareness of housing assistance programs and tenant and landlord rights and responsibilities.

Maintain A Community Development Grant Program
The City shall continue to fund supportive services that serve the priority homeless populations, striking a balance between existing programs that have demonstrated effectiveness and national best practices that are consistent with the City’s adopted Action Plan to Address Homelessness in Santa Monica. The City shall continue to prioritize displaced residents on the City’s Below Market Housing waiting list in order to provide opportunities to identify comparable replacement housing within Santa Monica.

Program Background:

Santa Monica currently provides funding to 19 nonprofit human service and housing development organizations supporting different programs through the Community Development Grant Program.

These programs serve, in part, to assist homeless persons, very low–, and low-income households, and special need populations. Funds are provided through a broad array of funding sources including but not limited to the City’s General Fund, HOME, and Community Development Block Grant Fund.

The Rent Control Department hosts several workshops and seminars for tenants and landlords throughout the year.

Program 6.E

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• Timeframe: Annual Ongoing
• Responsibility: Housing and Human Services Division
• Objective: Maintain a grant program to fund-programs that service priority homeless populations, lower-income households, and special needs populations.

Program 6.F Provide Tenant Relocation Assistance
The City shall continue to implement the Tenant Relocation Assistance program; periodically review existing City policies and ordinances and recommend modifications if deemed necessary, including but not limited to, additional support in locating new housing for displaced residents upon relocation.

Program Background:

The City’s Municipal Code provides several tenant relocation programs to protect tenants living in rent-controlled units, with certain exceptions. When a unit is withdrawn from the housing stock, or the landlord recovers possession of a unit, landlords are required to pay a relocation fee for each unit based upon the size of the unit. An additional fee is required if one or more of the tenants is a senior, disabled, or a minor. In lieu of providing financial relocation assistance, the landlord may provide actual physical relocation if the new unit is comparable to the original unit. • Timeframe: Annual Ongoing
• Responsibility: City Attorney’s Office, Housing and Human Services Division, Rent Control Board
• Objective: Provide displaced tenants with cash-based relocation assistance.

Program 6.G Maintain A Temporary Relocation Program
The City shall continue the Temporary Relocation Program, including program oversight and enforcement, and coordination in providing accommodations to minimize impacts to residents including emergency hotel vouchers for tenants who have been ordered to vacate their units by the City for code violations, safety improvements, or maintenance. The City shall continue to require that all temporarily displaced tenants are relocated to comparable housing within Santa Monica, or close proximity, and that temporary relocation is for the amount of time necessary to restore habitability to the dwelling unit or if the landlord demonstrates that tenancy was legally terminated.

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Program Background:

This program is designed to provide housing for persons temporarily displaced as a result of repairs to their dwelling unit due to health and safety violations or to comply with mandatory programs such as the Seismic Retrofit Program.
• Timeframe: Annual Ongoing
• Responsibility: Building and Safety Division, Housing and Human Services Division • Objective: Provide housing for tenants temporary displaced from their units due to required maintenance.

Program 6.H Maintain Reasonable Accommodations To Ensure Equal Opportunity For Housing
The City shall maintain and continue to support reasonable accommodations to ensure equal housing opportunities, consistent with fair housing laws.

Program Background:

With the anticipated demographic changes resulting in an aging population and increased interest in enhancing opportunities to age in place and live independently, the Zoning Ordinance includes a reasonable accommodation procedure to enable persons with a disability to request an accommodation from land use and zoning regulations, policies and practices as needed to provide those individuals with an equal opportunity to use and enjoy a dwelling, consistent with fair housing law. • Timeframe: Ongoing
• Responsibility: City Planning Division
• Objective: Provide regulatory relief to enable housing access for disabled persons.

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GOAL 7
Eliminate housing discrimination on the basis of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, age, marital status, national origin, ancestry, familial status, income level, source of income, disability, veteran or military status, genetic information, or other such characteristics.

Program 7.A Maintain Fair Housing Enforcement And Outreach Programs
The City shall continue to implement fair housing programs. The City shall educate landlords about discrimination and educate the real estate community on the necessity of ensuring that their practices meet the objectives of the fair housing laws. The City shall also conduct targeted outreach by hosting a Fair Housing Workshop to the general public twice a year that covers fair housing. The City shall also continue to provide and tenant application assistance and support to special needs populations including seniors, persons with disabilities, and individuals transitioning from institutional settings and individuals who are at risk of institutionalization.

Program Background:

The City Attorney’s Office, through its Public Rights Division (PRD), along with other government agencies, enforces federal, state and local fair housing laws. The PRD has an in-house attorney with expertise in fair housing law and a Spanish-speaking community liaison who works with the attorney.

The PRD investigates discrimination complaints and offers education and programs to residents on their rights and responsibilities under the fair housing laws, and takes complaints involving housing discrimination based on all protected classes, but primarily on disability, family status, source of income, and race. Most of the cases are resolved informally, using demand letters, calls, and meetings to either to persuade the need for a change in what the landlord is doing or to conclude that there is insufficient evidence of a fair housing violation However, if there is sufficient evidence of ongoing fair housing violations and the landlord has refused to correct the problem, then the PRD often files a lawsuit in court to enforce the fair housing laws.

Since 2007, the PRD hosts a Fair Housing Workshop twice a year. The workshop covers several topics, including reasonable accommodations for tenants with disabilities, the City’s Right to Return program, pandemic-related issues in fair housing, and source-of-income discrimination laws which protect Section 8 voucher-holders and users of rental assistance. All owners, property managers, attorneys, social-service providers, and tenants are invited to attend, free of charge. Over the years, hundreds of tenants and housing providers have attended.

The PRD’s workshops continued even through the pandemic, with a switch to virtual settings. The

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City has also made fair housing presentations to other local and regional groups. Just since April 2020, the City presented or even co-hosted housing rights events sponsored by Santa Monica Rent Control Board, the Legal Aid Foundation of Los Angeles, Western Center for Law & Poverty, Santa Monicans for Renters’ Rights, Fair Housing Council of San Diego, ACLU of Southern California, WISE & Healthy Aging, St. Joseph’s Center, and the Santa Monica Committee for Racial Justice. • Timeframe: Ongoing
• Responsibility: City Attorney’s Office
• Objective: Education of tenants and landlords of their rights and responsibilities under fair housing laws.

Program 7.B Provide Tenant/Landlord Mediation And Legal Services The City shall continue to support tenant/landlord mediation and legal services assistance.

Program Background:

The Santa Monica Rent Control Board also mediates disputes between tenants and property owners that arise from rent control law. The City has also partnered with the Status Institute for Dispute Resolution at Pepperdine University School of Law to provide mediation services to help resolve landlord tenant for Santa Monica residents, free of charge. The Housing and Human Services Division funds the Los Angeles Legal Aid Foundation to provide legal services related to housing to low-income Santa Monica residents. Referrals are also made to local dispute resolutions services. • Timeframe: Ongoing
• Responsibility: City Attorney’s Office; Rent Control Board; Housing and Human Services Division
• Objective: Provide tenant/landlord dispute resolution services.

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Program 7.C Maintain The Anti-Discrimination And Tenant Protection Program
The City shall continue to prevent discrimination, tenant harassment, and unlawful evictions through monitoring and enforcing of “just cause” eviction protections, and continue to provide fair housing services through the Public Rights Division of the Santa Monica City Attorney’s Office. The City shall review current laws and recommend any needed modifications to ensure protection of tenants to the maximum extent possible.

Program Background:

Santa Monica has long maintained anti-discrimination protections, which among other prohibitions, prevents a tenant from being evicted if the eviction is based on the tenant’s familial status, including tenant’s status of being married or having children. The Public Rights Division (PRD) of the Santa Monica City Attorney’s Office handles complaints, answers questions about possible violations of the Fair Housing laws in Santa Monica and investigates possible fair housing violations. • Timeframe: Ongoing
• Responsibility: City Attorney’s Office; Rent Control Board; Housing and Human Services Division
• Objective: Protect existing tenants from harassment and unlawful eviction.

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A. Quantified Objectives
Pursuant to Government Code Section 65583(b), the City has developed quantified objectives for housing production, housing rehabilitation, and housing assistance as required by State law. The following sets forth these objectives for the 2021–2029 planning period.

1. New Construction Objectives
The City of Santa Monica was allocated 8,895 units, of which 6,168 units must be affordable, in the 2021-2029 Regional Housing Needs Assessment (RHNA) adopted by the Southern California Association of Governments (SCAG) and certified by the State Department of Housing & Community Development in March 2029.

As one of the required components of a Housing Element, State law [Government Code Section 65583(b)] requires the following:

1. A statement of the community’s goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing.

2. It is recognized that the total housing needs identified pursuant to subdivision (a) [i.e., the RHNA] may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements. The quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.

The City’s success in producing housing units that are deed-restricted to be affordable for the 5th Cycle Housing Element has been made possible by public assistance through the City’s Housing Trust Fund, inclusionary units required by the City’s Affordable Housing Production Program, inclusionary units negotiated in development agreements, and pursuit of new funding resources. The lack of a significant and consistent funding source for affordable housing coupled with high land and construction costs in Santa Monica makes it unrealistic that the City will be able to achieve its 6th Cycle RHNA for affordable housing units. Funding to produce all of the affordable units in Santa Monica’s RHNA allocation would likely continue to require a mix of inclusionary units and public assistance (i.e. any combination of federal, state, county, and tax credits). Even on City-owned land, the funding gap is estimated at approximately $152,000 that would need to be filled by sources other than the City. For privately-funded inclusionary units, the estimated cost to a developer is approximately $480,000.

Figure 5-1 presents Santa Monica’s RHNA along with the City’s new construction objectives by income level. The quantified objective represents a level that the City believes is reasonable given the uncertainty of available funding resources from the State and other sources. The City Council has prioritized funding and land use policies to develop affordable housing.

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Figure 5-1: RHNA vs. Quantified Objective
Household Income
Category RHNA % of Total Quantified Objective % of Total Very Low 2,794 31% 1,1161,150 1622%
Low 1,672 19% 654572 1011%
Moderate 1,702 19% 479351 7%
Above Moderate 2,727 31% 4,4593,180 6761%
Total 8,895 6,7985,253
Source: City of Santa Monica Community Development Department The goal of 6,798 5,253 units can be achieved based on current approved and pending projects, zoning standards, use of City-owned land, and incentives for ADU production. The lower quantified objectives reflect the lack of public financing available for affordable housing. Even with maximizing affordable housing on City-owned sites and the City’s inclusionary requirements from the AHPP and DCP, providing 69% of the future units as affordable will be difficult.

The quantified objective aims for almost 5033% of units produced to be affordable to low and moderate er income households. This is in excess of the requirement set forth in the City’s Proposition R (passed in November 1990). Proposition R specifies that at least 30% of all new multifamily-residential housing constructed in the city on an annual basis be permanently affordable to low and moderate-income households with at least 50% of the newly constructed units required to be permanently affordable to low-income households.

2. Housing Rehabilitation and Conservation Objectives
Housing Rehabilitation programs are important for maintaining the integrity of existing housing stock, preventing displacement of existing residents, preserving the overall quality of neighborhoods, and contributing to a higher quality of life.

With respect to housing conservation, the City provides rehabilitation assistance through two main programs:
• The Residential Rehabilitation Program for owners of multifamily rental properties occupied by low- and moderate-income tenants
• The Owner-Occupied Rehabilitation Program for low- and moderate-income owners (typically used for mobile-home owners).

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The City of Santa Monica’s goal for the Housing Element planning period is to support and fund the rehabilitation of 38 units of multi-family and provide 20 minor home repairs, as shown in Figure 5-2. A new program has been added for this Housing Element based on the analysis of affordable housing units with covenants that expire, putting them potentially at risk of losing their affordability.

While the City has focused its efforts in recent years on new construction, acquisition and rehabilitation continues to be an important tool for conserving existing rental housing. The housing is restricted as affordable housing for a period ranging from 55-80 years. Such units were not ‘counted’ toward fair share housing production, but are consistent with the City’s policies for preserving affordable housing units. During the last Housing Element period (2014-2021), the City invested more than $33 million in the acquisition and rehabilitation of existing rental housing, creating four projects with 88 units for very-low and low-income households.

Available funding continues to be a significant issue to support this program’s capacity at present levels. The Housing Plan therefore reflects a reduced quantitative objective for the acquisition and rehabilitation of 40 housing units affordable to very-low income households over the next eight years (Figure 5-2). The City will continue to seek funding sources to maintain this program and exceed the objective.

The City’s housing and supportive services supports long-term residency and housing affordability.

As outlined in the next section, the City has an aggressive program for funding housing and supportive services to special needs populations. These supportive programs help to conserve housing units in that rental/housing assistance, in the form of financial support and legal support for tenants against eviction, assist tenants in maintaining housing, prevent resident displacement, and preserve housing stock. Accordingly, an estimated number of housing vouchers and qualifying tenants for supportive services are reflected as “units” in Table 5-2 under the conservation objective:
• The Preserving Our Diversity (POD) Program provides cash-based assistance to low-income, long-term Santa Monica residents in rent-controlled apartments to help achieve a “basic needs budget” for seniors. It is estimated to include at least 150 participants within the next housing cycle.
• Rental assistance voucher programs include Section 8, Continuum of Care, HOME Tenant-Based Rental Assistance (TBRA) vouchers, and Veterans Affairs Supportive Housing. The City will continue to provide an estimated 1,600 housing vouchers for qualified residents.

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• The City’s Right to Counsel Program is an initiative to provide legal assistance and support for tenants facing eviction, particularly amid the COVID-19 pandemic. This pilot program is available to Santa Monica tenant households whose income is at or below 80% of the County’s Area Medium Income (“AMI”), and facing eviction attempts by their landlord. Maintaining housing for low-income residents also contributes to the conservation of existing units. Assuming the current two-year pilot program will be renewed regularly and annual funding remains consistent over the next 8 years, the goal of the City is to provide assistance to an estimated 210 participants within the next housing cycle.

Figure 5-2: 2021-2029 Housing Rehabilitation and Conservation Quantified Objective Income
Category
Rehabilitated Units Conservation Units
Definition Multi-Family
Rehabilitation
Minor
Home
Repairs
Acquisition
&
Rehabilitation
POD
Rental
Assistance
Vouchers
Right to
Counsel
Very
Low
0-50% of
County
MFI
19 10 40 150 1,600
0 Low
51 to 80%
of County
MFI
19 10 0 0 0 210
Moderate
81 to 120%
of County
MFI
0 0 0 0 0 0
Upper
Over 120%
of County
MFI
0 0 0 0 0 0
Totals 38 20 40 150 1,600 210
58 2,0001,900

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3. Housing and Supportive Services
The City of Santa Monica has an aggressive program for funding housing and supportive services to special needs populations. These include households with very low or extremely low incomes, persons with disabilities, large families, seniors, the homeless, and other persons in need of assistance. The City’s goals for housing assistance and supportive services during the 2021-2029 Housing Element period, contingent upon the availability of adequate funds and annual City Council approval, are:
• Rental Assistance Vouchers: Continue to provide about 1600 vouchers, including Section 8, Continuum of Care, HOME Tenant-Based Rental Assistance (TBRA) vouchers, and Veterans Affairs Supportive Housing vouchers.
• Homeless Services: Focus efforts on the priority populations defined in the Action Plan for Addressing Homelessness in Santa Monica:
o The long-term chronic and vulnerable of the homeless population living on the streets of Santa Monica, including homeless veterans
o Persons whose last permanent address is in Santa Monica o Vulnerable members of Santa Monica’s workforce
o High users of local first responder services
• Regional Partner: Continue to be an active partner in finding regional solutions to the problem of homelessness.
• Health Care for Low Income Persons: Provide primary health care for over 2,700 lowincome Santa Monica residents annually. • Legal Assistance: Provide legal advice and referrals to over 700 low-income Santa Monica residents in the areas of housing, government benefits, and family-law issues annually.
• Senior and Disabled Services: Support and fund a variety of services for senior and disabled individuals, including:
o Provide paratransit services for approximately 2,200 seniors and persons with disabilities annually. This includes providing approximately 1,400 one-way, escorted trips for people who need extra assistance, as well as limited afterhours taxi service.

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o Provide a range of health and mental health services, including health screenings, primary medical care, health education, peer counseling (individual, group, and family), caregiver services, and care coordination o Provide intensive care management services primarily to low-income Santa Monica seniors that include in-home assessments, purchase of services necessary to maintain the client in his/her home, benefits assistance, referrals to other agencies, and close monitoring of clients.
o Provide care management and other support services in conjunction with the Santa Monica Police Department’s efforts to address elder abuse. o Through the non-profit WISE & Healthy Aging (WISE) Diner Meal Program, provide a well-rounded lunch to older adults at three City sites. Boxed meals were provided via pickup or delivery while COVID-19 restrictions were in place. o Provide home-delivered meals to approximately 300 home-bound seniors and persons with disabilities annually. With COVID-19, the need for home-delivered meals increased significantly, with about 650 individuals having accessed this service.
o Provide ongoing operating support for WISE’s Adult Day Care Center serving frail seniors, including seniors with Parkinson’s and Alzheimer’s Disease. o Provide expanded healthy living and arts programming, and opportunities for socialization for older adults with linkages to supportive services, through the consolidation of services in a one-stop facility.
• Housing Modifications for Individuals with a disability: Continue to provide funding to the Disability Community Resource Center, which provides home modifications to low-income households that include a person with a disability. Modifications include the installation of grab bars, nonslip bath mats, ramps, shower benches, and toilet seat hand rails, as well as larger projects such as stair lift installations. Provide assistance to approximately 15 individuals annually.

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Glossary of Terms and Acronyms

1. ADU: Accessory Dwelling Unit
An attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and that is located on a parcel with a proposed or existing primary single-unit or multi-unit dwelling.

JADU: Junior Accessory Dwelling Unit
A dwelling unit that is no more than 500 square feet in size and is contained entirely within an existing or proposed single-unit dwelling.

2. AFFH: Affirmatively Furthering Fair Housing
Taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.

3. AHO: Affordable Housing Overlay
Program 2.A that would amend the Zoning Ordinance to establish a 100% affordable housing overlay for moderate-income (up to 120% AMI) housing projects in targeted areas of the City such as the Downtown, Bergamot area, and the immediate area around the 17th Street station.

4. AHPP: Affordable Housing Production Program (SMMC 9.64) Requires developers of market rate multi-family developments to contribute to affordable housing production and thereby help the City meet its affordable housing need.

5. FAR: Floor Area Ratio
The ratio of the total floor area of all buildings on a parcel to the total area of the parcel.

6. HCD: California Department of Housing and Community Development

7. HUD: U.S. Department of Housing and Urban Development

8. LUCE: Land Use and Circulation Element
Key components of the City’s General Plan establishing the City’s vision, goals, and long-term framework for the City’s future physical development.

9. QO: Quantified Objective
Estimated number of units likely to be constructed, rehabilitated, or conserved/preserved by income level during the upcoming 6th housing cycle. After the City identifies housing needs, surveys land and financial resources, analyzes constraints, and develops appropriate programmatic and policy responses that reflect the community’s unique needs and circumstances, it then sets quantified objectives, a target goal for the City to achieve based on needs, resources, and constraints.

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10. RHNA: Reginal Housing Needs Assessment
RHNA is mandated by State Housing Law as part of the periodic process of updating local housing elements of the General Plan. RHNA quantifies the need for housing within each jurisdiction during the upcoming 6th housing cycle between October 2021 through October 2029.

11. SDB: State Density Bonus
State law that allows a density increase of residential units based on a specified percentage of affordable units provided in a proposed project.

12. SSI: Suitable Sites Inventory
An inventory of land suitable and available for residential development to meet the locality’s regional housing need by income level.

Affordability Levels

13. ELI: Extremely-Low Income
A household whose gross income does not exceed 30% of the area median income.

14. VLI: Very-Low Income
A household whose gross income does not exceed 50% of the area median income.

15. LI: Low-Income
A household whose gross income does not exceed 80% of the area median income.

16. Moderate-Income:

A household whose gross income exceeds the maximum income for an 80% income household and whose gross income does not exceed 120% of the area median income.

Zoning Districts, Area Plans, and Neighborhoods

17. R 1: Single-Unit Residential District
Areas for single-unit housing on individual parcels at densities of one unit plus one accessory dwelling unit (ADU) and one junior accessory dwelling unit (JADU) per parcel.

18. R2: Low Density Residential District
Areas for a variety of low-density housing types. These include single-unit housing, duplexes, triplexes, low-scale multi-unit housing, ADUs, etc.

19. MUBL: Mixed-Use Boulevard Low District

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20. MUB: Mixed-Use Boulevard District

21. GC: General Commercial

22. NC: Neighborhood Commercial District (Main Street, Ocean Park Blvd, Pico Blvd, Montana Ave)

23. IC: Industrial Conservation

24. OC: Office Campus

25. HMU: Healthcare Mixed Use

26. OF: Oceanfront District

27. DCP: Downtown Community Plan
o LT: Lincoln Transition
o NV: Neighborhood Village
o BC: Bayside Conservation (Promenade)
o BC: Bayside Conservation (2nd & 4th Streets)
o TA: Transit Adjacent
o OT: Ocean Transition
o WT: Wilshire Transition

28. BAP: Bergamot Area Plan
o BTV: Bergamot Transit Village
o MUC: Mixed-Use Creative
o CAC: Conservation: Arts Center
o CSC: Conservation: Creative Sector

29. NOMA: North of Montana Neighborhood

30. Wilmont: Wilshire-Montana Neighborhood

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Constraints on Housing
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A. GOVERNMENTAL CONSTRAINTS........................................................................................................................ 4

1. Land Use Controls.................................................................................................................................................... 4 a. LandUse andCirculationElement............................................................................................................. 5 b. Zoning Ordinance .............................................................................................................................................. 8 i. Affordable Housing......................................................................................................................................14 ii. Affordable Housing Production Program ........................................................................................14 iii. Community Benefits ...................................................................................................................................15 iv. Parking Requirements................................................................................................................................15 v. State Density Bonus.....................................................................................................................................17 c. Downtown Community Plan .......................................................................................................................18 d. Bergamot Area Plan ........................................................................................................................................21 e. Civic Center Specific Plan............................................................................................................................23 f. Local Coastal Program .................................................................................................................................24

2. Zoning for a Variety of Housing Types ........................................................................................................24 a. Accessory Dwelling Units /Junior Accessory Dwelling Units ......................................................27 b. Emergency Shelters........................................................................................................................................32 i. Capacity for Emergency Shelters.......................................................................................................33 c. Employee Housing...........................................................................................................................................34 d. Farmworker Housing......................................................................................................................................34 e. Group Residential.............................................................................................................................................34 f. Low Barrier Navigation Centers ...............................................................................................................35 g. Manufactured Homes and Mobile Home Parks................................................................................36 h. Residential Facilities ........................................................................................................................................36 i. Single-Room Occupancy Housing..........................................................................................................37 j. Supportive/Transitional Housing..............................................................................................................38

3. Zoning Regulations and Practices for Persons with Disabilities .....................................................39 a. Definition of a Family.......................................................................................................................................39 b. Definition of Disability .....................................................................................................................................40 c. Reasonable Accommodation....................................................................................................................40

4. Building Codes and Code Compliance .......................................................................................................41 a. Building Code Implementations ................................................................................................................41 b. Local Amendments.........................................................................................................................................42 c. Compliance and Enforcement..................................................................................................................44

5. On- and Off-Site Improvements....................................................................................................................44

6. Entitlement and Development Impact Fees ............................................................................................45

7. Entitlement and Permit Processing .............................................................................................................50 a. Processes and Thresholds...........................................................................................................................50 b. Ministerial Approvals........................................................................................................................................51 i. Administrative Approvals .........................................................................................................................51 ii. Building Permit Only Projects ................................................................................................................52 c. Discretionary Approval..................................................................................................................................52

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Packet Pg. 275 Attachment: Appendix E Constraints Redline June 2022 (4856 : Housing Element Draft Revisions in Response to HCD (120 mins)) i. Development Review Permit.................................................................................................................52 d. Architectural Review Board........................................................................................................................54 e. Use Permits and Other Processes............................................................................................................55 i. Conditional and Minor Use Permits.....................................................................................................55 ii. Subdivision Maps..........................................................................................................................................57 f. State Law..............................................................................................................................................................58 i. Senate Bill 330 ...............................................................................................................................................58 ii. Senate Bill 35..................................................................................................................................................59 iii. Housing Accountability Act....................................................................................................................59

8. Local Measures, Propositions, Rent Control Law, and Ordinances.............................................60 a. Santa Monica City Charter Section 615.................................................................................................60 b. Rent Control .........................................................................................................................................................61 i. Vacancy Decontrol.....................................................................................................................................62 ii. Just Cause Eviction.....................................................................................................................................62 iii. Tenant Harassment Protections .........................................................................................................64 iv. Relocation Assistance...............................................................................................................................64 v. Rent Control Dispute Resolution..........................................................................................................65 c. State of California, Article 34......................................................................................................................66 d. Home Sharing (Short-Term Rental) Ordinance...............................................................................67 e. Residential Leasing Requirements Ordinance..................................................................................68 f. City Anti-Discrimination Ordinances .....................................................................................................68 i. Sexual Orientation or Domestic Partnership.................................................................................69 ii. Persons Living with AIDS...........................................................................................................................69 iii. Families with Children ...............................................................................................................................69 g. Rent Control Bootleg Unit Ordinance.....................................................................................................70 h. Water Neutrality Ordinance.......................................................................................................................70 B. NON-GOVERNMENTAL CONSTRAINTS.........................................................................................................72

1. Construction Costs ...............................................................................................................................................72

2. Land Costs and Availability...............................................................................................................................73

3. Availability of Financing......................................................................................................................................73

4. Requests for Housing Development at Reduced Densities..............................................................74

5. Length of Time Between Project Approval and Applications for Building Permits ..............74

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INTRODUCTION
The City of Santa Monica has consistently placed the provision of adequate and affordable housing for all residents as one of its primary goals. However, many factors can encourage or constrain the development, maintenance, and improvement of housing including governmental, market, construction, and infrastructure constraints. Pursuant to Government Code Section 65583(a)(5-6), this appendix identifies potential governmental and nongovernmental constraints and analyzes the extent to which the City can mitigate the negative impacts of these constraints where possible. A thorough understanding of the current constraints to housing development can help to create appropriate policy responses to mitigate constraints and make it easier and more affordable to develop housing.

A. GOVERNMENTAL CONSTRAINTS
Governmental policies and regulations can result in both positive and negative effects on the availability and production of housing. This section, as required by Government Code Section 65583(a)(5), describes and evaluates City policies and regulations that could potentially constrain the City’s ability to achieve its housing goals. Potential constraints to housing include land use controls (through General Plan policies and zoning regulations), development standards, infrastructure requirements, development impact fees, and development approval processes. While government policies and regulations are intended to serve public objectives and further the public good, the City of Santa Monica recognizes that its actions can potentially constrain the availability and affordability of housing to meet the community’s future needs. The City has implemented several measures, and proposes additional programs, to streamline the approval process and remove barriers to all types of housing throughout Santa Monica as described in this section.

Santa Monica City CouncilJune 21, 2022

Santa Monica City Council
June 21, 2022