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SR 02-28-2023 5F City Council Report City Council Meeting: February 28, 2023 Agenda Item: 5.F 1 of 4 To: Mayor and City Council From: David Martin, Director, City Planning Subject: Adoption of Resolutions Authorizing the City Manager to Submit Applications to Participate in the California Department of Housing and Community Development's Prohousing Designation Program and a Prohousing Incencentive Program (PIP) Grant in the Amount of $500,000 Recommended Action Staff recommends that the City Council: 1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines and find that uses of grant funding for affordable housing are consistent with the certified 6th Cycle Housing Element Environmental Impact Report. 2. Adopt the attached resolution authorizing the City Manager to submit an application to participate in the California Department of Housing and Community Development’s Prohousing Designation Program; 3. Adopt the attached resolution authorizing the City manager to submit an application for grant funds in the amount of $500,000 from the California Department of Housing and Community Development’s Prohousing Incentive Program (PIP) for planning and implementation activities related to housing and community development, to support implementation of the certified Housing Element; 4. Authorize the City Manager to execute all necessary documents to apply for the grant, accept the grant, if awarded, and accept all grant renewals and modifications, if awarded; and 5. Authorize budget changes as outlined in the Financial Impacts and Budget Actions section of this report, in the event the grant is awarded. Summary Staff seeks authorization to apply for and participate in the State of California’s Housing and Community Development (HCD) Prohousing Designation Program and to apply for grant funding through HCD’s Prohousing Incentive Pilot (PIP) Program. The Prohousing 5.F Packet Pg. 207 2 of 4 Designation program creates incentives for jurisdictions that are compliant with Housing Element requirements and that have enacted Prohousing Policies. These incentives include additional points or other preference in the scoring of applications for competitive housing and infrastructure programs. Discussion On October 14, 2022, HCD certified the City’s 6th Cycle 2021-2029 Housing Element. A key focus of the certified Housing Element is housing production, with substantial emphasis on affordable housing production, to meet Santa Monica’s Regional Housing Needs Allocation (RHNA) as mandated by Government Code Section 65584.05. The City’s 6th Cycle RHNA for the next 8 years is 8,895 units, of which 69% are to be affordable units. Income Category RHNA Target (# units) % of RHNA Very Low 2,794 31% Low 1,672 19% Moderate 1,702 19% Above Moderate 2,727 31% Total 8,895 100% The certified 6th Cycle Housing Element is a State-mandated plan for meeting the City’s share of regional housing needs. State law requires that the Housing Element include an inventory of land that demonstrates the City’s capacity to realistically accommodate its RHNA of 8,895 units, of which 69% must be affordable to lower income households. Government Code section 65589.9 established HCD’s Prohousing Designation Program, which provides incentives to cities and counties in the form of additional points or other preference in the scoring of competitive housing, community development, and infrastructure programs. The Prohousing Incentive Pilot (PIP) Program is a state investment from the Building Homes and Jobs Trust Fund, established by Chapter 364, Statutes of 2017 (SB 2, Atkins) to create and conserve affordable housing. The PIP program provides awards for eligible jurisdictions to use towards planning and implementation activities related to housing and community development. Award 5.F Packet Pg. 208 3 of 4 amounts are based on population estimates. With a population of approximately 93,000, the City is eligible for $500,000 in award funding. The PIP program awards funds to encourage cities and counties to obtain Prohousing Designation. This round of program funding provides awards for eligible jurisdictions to use towards planning and implementation activities related to housing and community development. To support implementation of the certified Housing Element, grant funds would be used in the category of predevelopment, development, acquisition, rehabilitation, and preservation of 100% affordable housing on City-owned sites. With a limited amount of vacant land in Santa Monica, and amid rising construction costs, the City in recent years has explored the potential for City-owned sites to help meet its affordable housing needs. Program 2.E of the certified Housing Element commits 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. Under Program 2.E, the City has committed to plan for a minimum of 1,880 affordable housing units across available City-owned sites located throughout the city. Application of this one-time PIP program grant would occur concurrently with application of the Prohousing Designation program for the City. Grant funding would be used towards predevelopment, development, acquisition, rehabilitation, and preservation of 100% affordable housing on City-owned sites, in support of the Program 2.E and other related programs in the Housing Element. Environmental Review Application to and participation in the Prohousing Designation Program, and application and acceptance of the Prohousing Implementation Program grant is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) in that participation in the programs and acceptance the grant would have no possibility of significant effects. Furthermore, the proposed uses of grant funding for affordable housing are consistent with the goals, programs and policies set 5.F Packet Pg. 209 4 of 4 forth in the adopted and certified 6th Cycle Housing Element EIR, including Program 2.E which commits the City to the production of affordable housing on publicly owned land. Past Council Actions Meeting Date Description 10/14/22 City Council adopts the 6th Cycle 2021-2029 Housing Element Financial Impacts and Budget Actions Staff seeks authority to apply for a grant from the Department of Housing and Community Development’s Prohousing Incentive Program (PIP). If awarded, staff recommends the following budget changes. If renewals are awarded, budget changes will be included in subsequent year budgets, contingent on Council budget approval. FY 2022-23 Grant Budget Changes Establish Revenue Budget Appropriate Funds Account Number(s) Amount Account Number(s) Amount   20700002.4XXXXX   500,000   20700002.5XXXXX   500,000 Total 500,000 Total 500,000 Prepared By: Rachel Kwok, Environmental Planner Approved Forwarded to Council Attachments: A. Council Resolution Prohousing Designation B. CCD - Reso - Application for Prohousing Incentive Pilot - 021423 5.F Packet Pg. 210 1 City Council Meeting: February 28, 2023 Santa Monica, California RESOLUTION NUMBER _________ (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR AND PARTICIPATION IN THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PROHOUSING DESIGNATION PROGRAM WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“PDP” or “Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and WHEREAS, the Department of Housing and Community Development (“Department”) has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and WHEREAS, the City of Santa Monica (“Applicant”) desires to submit an application for a Prohousing Designation (“Application”). 5.F.a Packet Pg. 211 Attachment: Council Resolution Prohousing Designation [Revision 5] (5588 : Apply for Prohousing Incencentive Program grant for $500,000) 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Manager, or designee, is hereby authorized and directed to submit an Application to the Department. SECTION 2. The City acknowledges and confirms that it is currently in compliance with applicable state housing law. SECTION 3. The City acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and action include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. SECTION 4. The City further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899.50. SECTION 5. If the Application is approved, the City Manager is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”). SECTION 6. The City acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law. 5.F.a Packet Pg. 212 Attachment: Council Resolution Prohousing Designation [Revision 5] (5588 : Apply for Prohousing Incencentive Program grant for $500,000) 3 SECTION 7. The City Manager is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program SECTION 8. 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 5.F.a Packet Pg. 213 Attachment: Council Resolution Prohousing Designation [Revision 5] (5588 : Apply for Prohousing Incencentive Program grant for $500,000) 1 City Council Meeting: February 28, 2023 Santa Monica, California RESOLUTION NUMBER _________ (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR AND ACCEPT RECEIPT OF PROHOUSING INCENTIVE PILOT PROGRAM FUNDS WHEREAS, pursuant to Health and Safety Code 50470 et seq., the California Department of Housing and Community Development (“Department”) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to by the Department as the Prohousing Incentive Pilot Program or “PIP”); and WHEREAS, the City Council of the City of Santa Monica desires to submit a PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation activities related to housing and community development as a result of meeting eligibility criteria, including, but not limited to, Prohousing Designation; and WHEREAS, the Department has issued Guidelines and Application on December 15, 2022, in the amount of Twenty-Five Million, Seven Hundred Five Thousand, Five Hundred Forty-Five Dollars and Sixty-Five Cents ($25,705,545.65) for PIP. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Manager, or designee, is hereby authorized and directed to submit an Application to the Department in response to the Notice of Funding Availability, and to apply for the PIP grant funds in a total amount not to exceed $500,000. 5.F.b Packet Pg. 214 Attachment: CCD - Reso - Application for Prohousing Incentive Pilot - 021423 [Revision 2] (5588 : Apply for Prohousing Incencentive Program 2 SECTION 2. In connection with the PIP grant, if the Application is approved by the Department, the City Manager of the City of Santa Monica, or designee, is authorized and directed to enter into, execute, and deliver on behalf of the City, as the Applicant, a State of California Agreement (“Standard Agreement”) for the amount of Five Hundred Thousand Dollars ($500,000), and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the City’s obligations related thereto, and all amendments thereto. SECTION 3. The City, as the Applicant, shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the City hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application. SECTION 4. 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 5.F.b Packet Pg. 215 Attachment: CCD - Reso - Application for Prohousing Incentive Pilot - 021423 [Revision 2] (5588 : Apply for Prohousing Incencentive Program