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Housing Element Update - 6 - Housing PlanChapter 6 Housing Plan DRAFT April 2013 Housing Element Update | Page 6-1 This Chapter of the Housing Element Update sets out the City's long-term housing goals and identifies a menu of shorter-term objectives, policy positions, and action programs which can be utilized to achieve these long-term goals. The goals, objectives, policies, and programs comprise a broad-based program for the creation of housing opportunities throughout the City. Through this element, the City demonstrates its understanding of the existing housing conditions, as well as its understanding of the need for a substantial commitment of City resources to provide additional housing opportunities. A. Fiscal Caveat The City acknowledges that the housing program is but one of a large number of programs competing for limited fiscal resources of the City. Because of this, it is not possible to subject this program to strict budgetary scrutiny. In addition, there may be legal requirements affecting future encumbrances of funds, as well as demands in other areas requiring the City to make difficult decisions on budgetary priorities. Since the previous Housing Element cycle, State legislation on primary funding sources for affordable housing have been significantly impacted. As discussed in the Executive Summary of this document, the State Legislature took action in 2011 to eliminate California redevelopment agencies. Ultimately, the legislation was challenged and taken up for immediate review by the California Supreme Court. While the matter was pending judicial review, all new redevelopm ent activity (including housing) was prohibited. The City of Poway anticipated the State’s intent to eliminate redevelopment agencies, and formed the Poway Housing Authority in 2011. In 2012, the City designated the Poway Housing Authority as successor agency to the for mer Poway Redevelopment Agency and the recipient of all housing assets and liabilities in the City. For years, redevelopment monies were one of the three main funding sources used to make affordable housing developments viable statewide. The others are State bond funds and Federal funds administered through the Department of Housing and Urban Development. The City cannot directly apply for Federal housing funds as they are administered through the County of San Diego. Unfortunately, there were no provisions when redevelopment was eliminated to provide ongoing funding for affordable housing. The City is hopeful that new avenues for funding economic development and affordable housing will be created and tested in the coming years, but because of the uncertainty of available funds at this time, a conservative approach to affordable housing programs is recommended throughout this chapter. While the City embraces the housing programs contained in this chapter, it should be recognized that these programs are intended to provide the most opportunities possible for housing rather than any set minimum of housing units. The City will continually research and evaluate potential funding sources including referral to the State of California’s Department of Housing and City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-2 Community Development’s (HCD) Program Directory to expand its potential funding sources and determine the availability of funding. Nothing in this observation should be construed to mean that the City has any diminished commitment or diminished obligation to responding to Poway's housing needs. City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-3 B. Goals and Policies This section establishes a policy framework to guide City decision making to meet identified goals. Housing Programs (subsection C) contains the actions the City of Poway will take to promote housing and shelter opportunities for all segments of the community. There is one Goal stated in this section, which is referenced from the General Plan Introduction Chapter. The Goal is described as a general desire to achieve opportunities for housing. It reflects a final statement of what the City hopes to achieve. How the goal will be achieved is established via the policies, strategies, and, most importantly, action programs. Policies are statements on the position the City takes to implement an objective. Policies contained in the Housing Element are important statements as they reflect the City's official position on a matter. Future development must be consistent with these policies. Strategies are general courses of action the City follows from which it crafts specific actions implemented in the programs. The goal, policies, and strategies shown below are those that relate directly to issues discussed in the Housing Element. The various elements of the General Plan are intended to be consistent with each other and should be interpreted to be consistent. Goals and policies contained in other elements will also support those included here. A complete listing of all goals, policies, and strategies is contained in Section II of the General Plan. GOAL 11. IT IS THE GOAL OF THE CITY OF POWAY TO PROVIDE ADEQUATE APPROPRIATE HOUSING OPPORTUNITIES TO MEET THE NEEDS OF CURRENT AND FUTURE RESIDENTS. A. Existing Housing Policies 1. Preserve and maintain existing housing and neighborhood character to ensure that housing is both sound and safe for its occupants and to revitalize Poway’s older neighborhoods. 2. Meet as much of the housing needs of current and future residents of Poway as possible through the existing housing stock. 3. Preserve and ensure the long-term viability of affordable housing in Poway. 4. Support the needs of Poway’s affordable housing residents by ensuring the availability of service programs to such residents. City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-4 5. Ensure that resident service programs are comprehensive and support the economic, educational, and personal growth of all participants. 6. Provide safe, well-maintained affordable housing properties. 7. Help residents to transition from affordable to market-rate housing, and from rental to ownership housing. 8. Assure that affordable housing units meet all regulatory and ground lease requirements. Strategies 1. Implement the action programs set forth in the Housing Element to make adequate provision for the housing needs of all economic segments of the community as outlined in Government Code Section 65583(c). 2. The retention and maintenance of all existing mobile home parks shall be encouraged through use of the mobile home park zone regulations and through operation of parks by its independent private ownership entity. 3. The retention of an adequate supply of rental housing shall be encouraged by maintaining ordinance provisions that restrict condominium conversions in the Residential Apartment category (RA zone) and which require that new developments in this category be for rental only. 4. Promote increased awareness among property owners and residents of the importance of property maintenance for long-term housing quality. 5. If funding is available, assist low and moderate income homeowners whose homes are in need of repair through access to the Residential Rehabilitation Loan Program. 6. Maintain ordinance provisions prohibiting the occupancy of substandard dwelling units and requiring that such units be made to comply with all applicable zoning, building, safety, and housing codes or, when this cannot be achieved, that such units be demolished. 7. Investigate opportunities and funding sources to assist households with members who are disabled to appropriately retrofit existing housing. 8. Continue to support the HomeShare and Community Connections Program which offers shared housing matching services and social service agency referrals. 9. Continue to participate in housing programs administered by the San Diego County Department of Housing and Community Development, which provide housing assistance. 10. Investigate opportunities and funding sources to provide assistance to low and moderate income households to reduce the incidence of housing overpayment. City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-5 11. Employ effective affordability controls for the longest feasible time, but not less than required by applicable law. 12. Improve infrastructure and amenities surrounding rehabilitated affordable housing development. 13. As funding is available, provide preference to qualified renters of Poway’s affordable housing developments for future Supporting Homeownership Opportunity in Poway (SHOP) opportunities. 14. Support programming that helps residents excel academically and become financially self - sufficient. 15. Continue an asset management system that reviews income and rental certifications annually and assures that all loans are repaid and that all regulatory agreements are fulfilled. B. New Housing Policies 1. Promote opportunities for high quality affordable housing through information provided on printed materials and Poway’s website. 2. Leverage investments with other local, State and federal sources to produce affordable housing units. 3. Address the needs of all households who need affordable housing, including families, seniors, and those with special needs. 4. As funding is available, support the increased capacity of local, non-profit housing developers with grant funds to implement staff training, conduct strategic planning, and pursue predevelopment studies. 5. Promote understanding and create awareness of the importance and value of affordable housing to increase community support for such housing. 6. Support the Poway Unified School District by coordinating affordable housing activities with the school district. Strategies 1. Implement the action programs set forth in the Housing Element to make adequate provision for the housing needs of all economic segments of the community as required by Government Code Section 65583(c). City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-6 2. Ensure that housing constructed for very-low, low, and moderate income households be high quality in terms of design and construction and be compatible in design with surrounding development. 3. Maintain land use and zoning categories in the General Plan and Zoning Ordinance that allow a diversity of housing types to be built to provide for the actual needs of residents while minimizing conflicts with existing development and unnecessary erosion of residents' quality of life and investment in their homes. 4. In-fill development shall be encouraged to make efficient use of existing public infrastructure. 5. Encourage the use of innovative site development techniques and the use of alternative building materials that both meet the intent of City policies and ordinances and reduce t he cost of site preparation or construction. 6. Regularly review development fee schedules to ensure that user charges and fees are consistent with costs incurred by the City. 7. The City shall require coaches and lots within newly created mobile home parks to be held in common ownership, except in cases where the coaches and/or lots are owned by a public agency or non-profit housing entity. 8. Encourage the development of affordable housing in proximity to public transportation and community services. 9. Encourage the development of residential units that are accessible to disabled persons or are adaptable for conversion to use by disabled persons. 10. As funding is available, continue to service the first-time homebuyer program “Supporting Home Ownership in Poway (SHOP)”. 11. Encourage the development of child care facilities concurrently with new housing development, and consider the use of incentives such as density bonus, reduced development fees, and/or financial assistance. 12. Require deed restrictions for new affordable units provided under this policy in order to ensure their long-term affordability. 13. As funding is available, assist new construction on available sites to the extent possible. 14. Apply for all available federal, State, and private housing funds to leverage local funds and programs. 15. Encourage energy efficient design of affordable housing. 16. As funding is available, improve infrastructure and amenities surrounding new affordable housing development. City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-7 17. As funding is available, continue to work with nonprofit partners to conduct a public outreach and education program that engages the business community and the media to help create understanding of and support for affordable housing. 18. As funding is available, issue grants from the City’s Housing Special Program Fund to build capacity among local, non-profit, affordable housing developers that will enhance their ability to preserve, enhance, and increase affordable housing in the region and provide resident services to local housing residents. 19. Implement appropriate management plans, guidelines, and policies for all affordable housing developments. 20. Ensure that programming is in place to support academic tutoring for all school age children. C. Fair Housing Practices Policies 1. Assure that all housing, whether market or assisted, is sold or rented in conformance with open housing policies free of discriminatory practices. 2. Maintain management practices that support fair housing laws. Strategies 1. Make every reasonable effort to ensure that the provisions of all applicable federal and State laws and regulations concerning non-discrimination are enforced. 2. Disseminate information on fair housing and refer housing discrimination complaints to appropriate agencies. City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-8 C. Housing Programs The goals and policies contained in the Housing Element address Poway’s identified housing needs and are implemented through a series of housing programs offered by the City. Housing programs define the specific actions the City will undertake to achieve the stated goals and policies. Each program identifies the following: FUNDING: indicates the source of funds to be used for each program. Where a funding source indicates General Fund it is to mean that the program uses existing staff or resources and is funded by the General Fund. Some funding sources indicate the use of State or Federal funds. Where these funds might become unavailable, implementation of these programs may not be possible. It is important to note the elimination of redevelopment funds, the primary source of funds used for affordable housing in Poway, as described earlier in this chapter. As a result, implementation of some programs may not be possible. RESPONSIBLE PARTY: indicates the agency, department, or authority responsible for the program. When more than one agency is listed, it is a joint or cooperative effort. TARGET YEARS: indicates the time span for most of the programs, usually from 2013 until 2020. CONSERVATION OF EXISTING HOUSING The preservation of existing housing and neighborhoods is vital to the attainment of the Housing Element Goal and should be accomplished through programs that protect the integrity of neighborhoods and encourage housing rehabilitation. It is as important to maintain existing affordable situations as it is to create new housing opportunities, because the loss of existing affordable housing only exacerbates existing unmet needs. The maintenance of housing in terms of minimum safety and sanitary conditions is also important. The following programs are aimed at maintaining the affordability and livability of the City's housing stock. Program 1 – Rehabilitation Loans for Low and Moderate Income Households (Rehabilitation Loan Program) As funding is available, continue the Affordable Rehabilitation Loan Program for low and moderate income households, which provides loans of up to $10,000 per loan for rehabilitation of single-family homes occupied by low income homeowners. The funds for rehabilitation are given in the form of a loan that is non-interest bearing and is forgiven over a ten-year period. This program was funded with County Community Block Grant Funds but was discontinued in 2011 due to reductions in funding. If funding becomes available, the City will consider resuming this program and issuing rehabilitation loans. Responsible Party: Development Services Department Target Years: 2013-2020 City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-9 Objective: Resume program if funding becomes available. Addresses Policy A1. Funding Source: Unknown (formerly CDBG) Program 2 – Condominium Conversion Regulations The City will continue to enforce existing condominium conversion regulations and will maintain the Residential Apartment (RA) zone as an exclusively rental zone in order to minimize the conversion of affordable rental housing into condominium ownership housing. Responsible Party: Development Services Department Target years: 2013-2020 Objective: Preserve current rental housing stock. Addresses Policy A3. Funding Source: General Fund Program 3 – Mobile Home Park Zoning The City will continue to maintain the Mobile Home Park (MHP) zone, which allows mobile home parks as the only allowable use. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Preserve all existing mobile home spaces in MHP zone. Addresses Policy A3. Funding Source: General Fund Program 4 – Construction Codes The City will continue to enforce the adopted construction codes for all new construction and reconstruction and the City’s substandard housing ordinance, particularly as it relates to illegal units. The City will also encourage opportunities for energy conservation and sustainable best practices in building construction. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Ensure a safe, durable housing stock for Poway and prevent the occupancy of substandard dwelling units. Also encourage increased use of energy conservation and other sustainable best practices in building construction. Addresses Policy A1. Funding Source: General Fund City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-10 Program 5 – Neighborhood Revitalization The City will study the value of targeting its rental and owner financial assistance programs and infrastructure improvements to areas where affordable housing exists or is developed in the interest of providing resources to enhance the impact of community development efforts in such areas. The extent of contribution associated with this program is dependent on future availability of funding. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Investigate opportunities to link infrastructure improvements with other affordable housing development or rehabilitation to maximize the revitalization results of such efforts. Addresses Policies A1 and A2. Funding Source: Unknown Program 6 – Maintain and Enhance Resident Services Maintain programs for seniors and students and enhance resident services programs at all Poway affordable housing complexes. Review resident service programming and outcomes through annual reports submitted by each property owner. Solicit input from local residents and recommend program changes as needed. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Help local students excel academically, help youth stay connected with positive leaders, help adults plan for their future and achieve financial goals, and help seniors make new friends and stay connected. Addresses policies A4 and A5. Funding Source: Project Revenues Program 7 – Capacity Building for Nonprofit Housing Development Corporations As funding is available, the City will evaluate its ability to provide grants to local nonprofit housing development corporations through the Housing Special Program Fund. Areas of assistance include predevelopment studies for affordable housing development activities, funding of social services for pilot positions and programs to benefit residents of local affordable housing developments, public outreach and education, and organizational capacity building activities such as staff training and financial planning. Proposals for qualified activities are accepted annually and reviewed by City staff. Grants are approved by the City and are drawn down upon demonstration of activity completion. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Enhance the ability of local nonprofit housing development corporations to provide affordable housing and related services to Poway residents. Addresses policies A4, B4, and B5. Funding Source: Housing Special Program Fund Add Address and phone number Also try to find photos with people Add Address and phone number Also try to find photos with people City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-11 Program 8 – Monitoring Affordable Housing Projects The Poway Housing Authority will continue monitoring the annual rent and income certifications to ensure that affordability restrictions and regulatory agreements are honored and loans are repaid. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Assure affordability for the longest feasible time, not less than required by law. Addresses Policy A8. Funding Source: Project Revenues, General Fund Program 9 – Development of Comprehensive Maintenance Agreements for Affordable Housing Developments With the review and processing of future Affordable Housing developments, the City will develop comprehensive maintenance agreements to be included in regulatory agreements. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Keep affordable housing developments in a safe, functional, well- maintained, code-compliant state. Addresses Policy A6. Funding Source: Unknown DEVELOPMENT OF NEW HOUSING Program 10 – Development of New Rental Housing As funding is available, the Poway Housing Authority will assist the development of new rental housing. The Housing Authority will consider the provision of land through partnerships with local non-profit developers should additional sources of financing become available to develop Housing Authority owned sites earmarked for affordable housing. The improvement of infrastructure and amenities surrounding each new development project will be addressed to ensure these are functional and sufficient to serve any proposed project as well as to provide for the revitalization of neighborhoods when possible. City staff always works closely with all developers to leverage financing, maximize site yield, and expedite processing for affordable housing developments. City staff will work closely with nonprofit developers to assure that they have all resources necessary to successfully build and manage existing and future affordable housing. The 77-unit Brighton Place housing development, completed in 2012, is a good example of this in action. Early site due diligence was enabled by a predevelopment loan provided by the former Poway Redevelopment Agency to the nonprofit developer, San Diego Interfaith Housing Foundation (Interfaith). The Agency’s total investment of more than $5 Million plus land donation and intense support for the tax credit application, allowed the project to qualify for approximately $11 Million in Federal tax credit funding. Additionally, City staff worked diligently with the development team to ensure entitlements, permits, inspections and Certificates of City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-12 Occupancy were expedited, allowing the project to be completed on time and under budget. The investment and process described for the Brighton Place project are typical of Poway’s involvement with affordable housing and will be applied to other future affordable housing projects to the extent possible. Any Housing Authority participation towards the development of affordable housing will require a regulatory agreement or other form of enforceable affordability control stipulating the long -term use restrictions will be recorded against each property. Structuring the financial assistance such that the property cannot be sold without the consent of the Housing Authority provides further assurance that the affordability controls on the property are protected. Management plans for each development will be required to assure proper management and maintenance. Affordable housing developments will employ energy efficient design principles and provide on- site energy generation to the extent possible. The design of new rental housing shall comply with the City’s General Plan and be sensitive to the surrounding neighborhoods. The target income levels of this program are households earning up to 80 percent AMI. When possible, amenities including childcare facilities, units designed for disabled persons, and transitional housing units will be provided. The Housing Authority will continue to contact affordable housing developers active in Poway and in San Diego County to solicit development proposals as funds become available. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Assist development of affordable rental housing units. Addresses policies B1 and B2. Funding Source: Unknown. Could include Affordable housing loan repayments, 9% Low Income Housing Tax Credits (in limited situations), Tax- Exempt Bonds with 4% Low Income Housing Tax Credits, San Diego County HOME, Affordable Housing Program (AHP), Multi- family Housing Program (MHP) Program 11 – New Ownership Housing As funding is available, the Poway Housing Authority will facilitate the construction and development of new affordable ownership housing through placement of the Affordable Housing Overlay Zone (AHOZ) designation on several parcels throughout the City. The optional increased density would allow property owners to consider affordable housing ownership development. The City will also assist affordable housing developers with application to any potential leverage funding sources, include local, State and Federal grant programs. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Encourage new ownership housing. Addresses policies B1 and B2. Funding Sources: Unknown. Could include CalHFA, HOME, County of San Diego Downpayment and Closing Cost Assistance (DCCA) Program, Mortgage Credit Certificates (MCC’s) City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-13 Program 12 – Amend the General Plan Land Use Designation and Zoning on the Properties Identified in the new Residential Sites Inventory to include an Affordable Housing Overlay Zone (AHOZ) for Lower Income Households and Moderate Income Households The City will amend the General Plan and Land Use Designation on properties identified in the new Residential Sites Inventory (Table 4-4) in Chapter 4 to place an Affordable Housing Overlay Zone (AHOZ) for Low Income households or Moderate income households. Application of the AHOZ on existing and future sites will be implemented pursuant to the regulations of the City’s Municipal Code and California Government Code Section 65583.2(h) and 65583.2(i). The City’s General Plan and Municipal Code will be amended to ensure it complies with State Law. Projects using the AHOZ will accommodate 100 percent of the housing need identified for the sites in the Residential Sites Inventory. These sites will permit owner-occupied and rental multifamily residential uses by right. To comply with State law, these sites require a minimum density of 20 dwelling units per acre and a minimum of 16 units per site. With the application of the AHOZ, these sites will permit densities up to 30 dwelling units per acre. At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed-uses are not permitted. The AHOZ will allow the densities required to meet the City’s Regional Housing Needs allocation. A total of six properties were assigned an AHOZ in 2012. The appropriate AHOZ will be placed on all remaining sites in order to achieve the unit yield identified in Table 4-4 in Chapter 4. The underlying zoning on these sites will not change. During this process, evaluation of the current development standards within the AHOZ for Low Income and Moderate Income households will be analyzed and amended as necessary. Responsible Party: Development Services Department Target Years: Amend the City’s General Plan and Municipal Code within one year of adoption of the Housing Element. Apply AHOZ’s on properties within 2 years of adoption of Housing Element. Objective: Amend the City’s General Plan and Municipal Code to ensure it complies with State Law. Facilitate the development of affordable housing on the sites identified in the Residential Sites Inventory by applying the appropriate AHOZ. Addresses Policy B1. Funding: General Fund Program 13 – Mixed Use Development Standards The City will amend the Zoning Ordinance to include development standards for mixed use developments in the City’s commercial and mixed use zones where mixed use development is currently allowed with a Conditional Use Permit. The mixed use development standards will include a minimum residential development ratio. The City will also amend the Zoning Ordinance to include flexible development standards for projects within the City’s Mixed Use Zone to encourage the development of affordable housing in these areas. Responsible Party: Development Services Department Target Years: Adopt the Zoning Ordinance and General Plan amendments within 2 years of adoption of Housing Element. City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-14 Objective: Facilitate the development of housing on sites designated for mixed use development. Addresses Policy B1. Funding Source: General Fund Program 14 – Inclusionary Housing Ordinance The City of Poway has an Inclusionary Housing Ordinance which requires that 15 percent of all new dwelling units constructed must be affordable to very low income households, for multi- family construction, and moderate or low income households, for single-family construction. This Ordinance is discussed in Chapter 3 of this Element. As an option, the Ordinance also allows payment of an In-Lieu fee to meet the requirement for single-family developments. There is no In-Lieu fee option for multi-family construction, therefore, the units must be provided as part of each individual development. The Housing Element previously identified the purpose of the In-Lieu fee to buy down above market rate housing, and make it affordable to households with very low incomes. Above market rate housing is highly priced. Therefore, to buy down these properties and make them affordable to very low and low income households would result in the production of a very limited number of dwelling units with the In- Lieu fees collected. The Inclusionary Ordinance allows for the In-Lieu fees to be used to buy down housing or to assist development of new housing that are affordable to very low, low, and moderate income households. In 2009, the Palmer/Sixth Street Properties vs. City of Los Angeles court ruling found that inclusionary housing requirements on rental developments violate the Costa-Hawkins Rental Act of 1995, thereby invalidating many local jurisdictions’ inclusionary requirements for rental housing. The City will continue to collect In-Lieu fees to be used in support of affordable housing projects and programs described in this chapter. As of January 2013, the City has an In-Lieu Fee balance of $618,698. The City reduced the In-Lieu Fee it collects during the previous housing cycle. As a result of the Palmer/Sixth Street Properties vs. City of Los Angeles court ruling and the increased cost of inclusionary housing to developers, the City will continue to evaluate its existing inclusionary housing ordinance with respect to future affordable housing rental properties. Responsible Party: Development Services Department Target Years: 2013 – 2020. Objective: Continue to collect In-Lieu fees to be used in support of affordable housing projects and programs described in this chapter. Evaluate the City’s Inclusionary Ordinance with respect to the Palmer/Sixth Street Properties vs. City of Los Angeles ruling requirements on rental developments. Addresses policies B1 and B3. Funding: General Fund City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-15 Program 15 – (Former) Redevelopment Agency Implementation Plan Prior to the dissolution of redevelopment agencies in California in 2011, the primary source of funds for Poway assistance to the development of low and moderate income housing was the former Poway Redevelopment Agency. The former Redevelopment Agency adopted a Redevelopment Implementation Plan, 2010 through 2014 in December 2009. The plan included goals and objectives for future redevelopment activity and affordable housing development. Unfortunately, when redevelopment agencies were eliminated, there were no provisions to provide ongoing funding for affordable housing or redevelopment activity. The City is hopeful that new avenues for funding economic development and affordable housing will be created and tested in the coming years. Responsible Party: Development Services Department Target Years: 2013 – 2020. Objective: Continue to evaluate legislation and legal interpretations on State Redevelopment Law and determine the need and extent of the former Redevelopment Implementation Plan in the future. Addresses Policy A6. Funding: General Fund Program 16 – Zoning Amendments for Special Needs Housing The City will amend its Zoning Ordinance to address the provision of special needs housing , which includes but is not limited to, emergency shelters for homeless persons, transitional and supportive housing, housing for persons with disabilities (including developmental disabilities) and agricultural worker housing. State law requires that cities identify sites that are adequately zoned for the placement of special needs housing. Additionally, cities must not unduly discourage or deter these uses. The City will continue to comply with the provisions of Senate Bill 2 as it pertains to special needs housing. Emergency Shelters: The Zoning Ordinance permits homeless shelters as a Temporary Use in all residential and commercial zoning districts. The City’s zoning ordinance does not include any discretionary review process for homeless shelters or transitional housing. In addition, the Poway City Council has waived the fees associated with the Temporary Use Permit process for Emergency Shelters in Poway. The Zoning Code also provides under Section 17.08.090 (G) Residential Uses, the following land use: "Residential Care Facilities licensed by the State for seven to fifteen residents" in the Residential Single-Family 2, Residential Condominium, and Residential Apartment zones with an approved Conditional Use Permit. In addition, Residential Care Facilities with six or fewer residents are permitted by right in residential zones. City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-16 Homeless Shelters: To comply with the Senate Bill 2, local governments must identify one or more zoning districts that allow year-round homeless shelters without discretionary review. The identified zone must have sufficient capacity to accommodate at least one year-round shelter and accommodate the City’s share of the regional unsheltered homeless population. The City will amend its Zoning Code within one-year of adoption of the Housing Element to explicitly address compliance with SB 2 and homeless shelters. Objective development and management standards will also be established in the Zoning Code The City will permit homeless shelters by right within the Residential Apartment (RA) Zone consistent with State law. RA zones are located in several areas around the City. Many properties zoned RA are located along transit corridors and are in proximity to community services, employment areas and shopping centers. Several parcels in the RA zone are underutilized and can be redeveloped in the future to include a year-round homeless shelter to accommodate the City’s homeless population. There are also RA zoned properties containing existing residential developments that can be modified to add a year-round homeless shelter to accommodate the City’s homeless population, as required by State law. Transitional and Supportive Housing, Housing for Persons with Disabilities, including Developmental Disabilities and Single Room Occupancy: The City will also include as defined in Section 50675 of the State Government Code the definition of “Family” and “Household.” The City will amend the Zoning Ordinance to add definitions for Transitional and Supportive Housing pursuant to the Health and Safety Code Section 50675.14(a)(B)(2). Transitional and Supportive housing is currently permitted by right where all residential housing is permitted, and subject to the same development standards as other residential housing development. Single Room Occupancy (SRO) units are one-room units intended for occupancy by a single individual. The City’s Zoning Code allows SRO’s, along with hotels and motels, in certain commercial zones subject to the same development standards as other residential uses in Poway’s commercial zones. The City will amend its Zoning Code to clarify the definition of Single Room Occupancy and facilitate the provision of SRO’s pursuant to AB 2634 (Housing for Extremely Low Income Households). Agricultural Worker Housing Pursuant to the State Employee Housing Act (Section 17021.5 and 17021.6 of the Health and Safety Code), employee housing for agricultural workers consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a single-family or household is permitted by right in an agricultural land use designation. Any employee housing providing accommodations for six or fewer employees shall be deemed a single-family structure within a residential land use designation, according to the Employee Housing Act. Employee housing for six or fewer persons is permitted wherever a single-family residence is permitted. To comply with State law no conditional use permit, variance, or other permit can be required for employee housing that is not required for a single-family residence in the same zone. The City has no agricultural zones. The City’s Zoning Ordinance permits agricultural uses in the all residential zoning districts. The City will amend the Zoning Ordinance to add a definition for City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-17 agricultural housing as well as clarify the provision for agricultural worker housing in the City’s residential zones pursuant to State law. Responsible Party: Development Services Department Target Years: 2013-2020 - Amend the Zoning Ordinance within 1 year of adoption of the Housing Element Objective: Amend Zoning Code to provide for regulations that comply with State Law regarding special housing needs. Addresses Policy B3. Funding Source: General Fund Program 17 – Provision of Special Needs Housing The City will continue to address the provision of special needs housing , which includes but is not limited to, emergency shelters for homeless persons, transitional and supportive housing, and housing for persons with disabilities (including developmental disabilities). State law requires that cities identify sites that are adequately zoned for the placement of special needs housing. Additionally, cities must not unduly discourage or deter these uses. As stated in Program 16 above, the City will continue to comply with the provisions of Senate Bill 2 as it pertains to special needs housing. Emergency Shelters: The Zoning Ordinance permits emergency shelters as a Temporary Use in all residential and commercial zoning districts. The City’s zoning ordinance does not include any discretionary review process for homeless shelters or transitional housing. In addition, the Poway City Council has waived the fees associated with the Temporary Use Permit process for Emergency Shelters in Poway. Through the use of Community Development Block Grant (CDBG) funds, the City participates in the North County Regional Winter Shelter Program. The program operates from November to March annually to provide shelter, case management and social services to homeless persons. The program includes permanent and rotating/temporary sites. Additionally, religious facilities in the City host temporary shelters for approximately six weeks each year. At least three (3) shelters are available in Poway during inclement weather. This effort is part of the Interfaith Shelter Network’s Rotational Shelter Program, which involves approximately 120 congregations county-wide. Homeless Shelters: To comply with the Senate Bill 2, local governments must identify one or more zoning districts that allow year-round homeless shelters without discretionary review without discretionary review. The identified zone must have sufficient capacity to accommodate at least one year - round shelter and accommodate the City’s share of the regional unsheltered homeless population. As described in Program 16, the City will amend its Zoning Code within one-year of adoption of the Housing Element to explicitly address compliance with SB 2 and homeless City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-18 shelters. Objective development and management standards will also be established in the Zoning Code Transitional and Supportive Housing, Housing for Persons with Disabilities, including Developmental Disabilities and Single Room Occupancy: The City will continue with the provision of Transitional and Supportive Housing (including Single Room Occupancy) as defined in Section 50675 of the State Government Code in the definition of “Family” and “Household.” As described in Program 16, the City will amend the Zoning Ordinance to add definitions for Transitional and Supportive Housing. Transitional Housing may be used for a homeless individual or family transitioning to permanent housing. The time frame for Transitional Housing is typically at least six months. This housing type can be similar to group housing or multi-family units, but may include supportive services to g ain necessary skills with the goal of independent living. Supportive Housing typically has no limit on length of stay and is typically linked to either on-site or off-site supportive services. Supportive Housing may also include Persons with Disabilities, including Developmental Disabilities. Services for Supportive Housing includes assistance in housing, living and working within the community and/or improving health, monitoring case management treatment and life skills. As funding is available, the City will continue to work with appropriate support agencies to provide this Transitional and Supportive Housing. Currently, the City provides four (4) Transitional and eight (8) Special Needs Housing Units. Single Room Occupancy (SRO) units are one-room units intended for occupancy by a single individual. The City’s Zoning Code allows SRO’s, along with hotels and motels, in certain commercial zones subject to the same development standards as other residential uses in Poway’s commercial zones. The City will amend its Zoning Code to clarify the definition of Single Room Occupancy and facilitate the provision of SRO’s pursuant to AB 2634 (Housing for Extremely Low Income Households). Agricultural Worker Housing As described in Program 16, the City will amend the Zoning Ordinance to add a definition for agricultural housing as well as clarify the provision for agricultural worker housing in the City’s residential zones pursuant to State law. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Provide Homeless/ Emergency Shelters, Maintain four (4) Transitional and eight (8) Special Needs Housing Units, and ensure provision for Agricultural Worker Housing. Addresses Policy B3. Funding Source: General Fund, CDBG, Private donations Program 18 – First Time Homebuyer Assistance Program (SHOP) As funding is available, the City will continue the First Time Homebuyer Assistance (Supporting Home Ownership in Poway – SHOP) program. SHOP provides financial assistance to low and moderate income households earning between 70 percent and 120 percent of area median income, adjusted for household size, to purchase a home in Poway. Low income households below 70 percent of area median income are not eligible for this program. Assistance is City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-19 provided in the form of a deferred payment loan, which carries restrictions requiring that the home be sold to other qualifying buyers. In doing so, the house is required to remain affordable for a minimum of 45 years. The sale price will be less than the fair market value of the home and is calculated using the annual percent increase or decrease of the Area Median Income. Staff will continue to service the existing loans and ensure re-sales are sold in conformance with Program requirements. The future of potential new loans is uncertain as funding will be limited. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Assist existing Program participants with loan servicing and resale processing. Addresses Policy A7. Funding Source: Funds from Loan Repayment, Inclusionary Housing (In-Lieu) Fund, General Fund Program 19 – Home Enhancement Loan Program (HELP) As funding is available, in conjunction with the SHOP Program, continue offering single-family rehabilitation loans with the Home Enhancement Loan Program (HELP) in an amount of up to $20,000 for homes acquired with City assistance. The funds for rehabilitation were given in the form of a loan that is non-interest bearing and is forgiven over a ten-year period. This program is also for low and moderate income households earning between 70 to 120 percent of area median income, adjusted for household size. Low income households below 70 percent of area median income are not eligible for this program. Future funding for this program is uncertain. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Assist with rehabilitation of existing homes acquired with City assistance. Addresses Policy A1. Funding Source: Inclusionary Housing (In-Lieu) Funds, General Fund City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-20 Program 20 – Maintain Zoning Categories in the General Plan Maintain the current land use and zoning categories in the General Plan and Zoning Ordinance to allow a diversity of housing types to be built to provide for the actual needs of residents while minimizing conflicts with existing development and unnecessary erosion of residents’ quality of life and investment in their homes. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Encourage diversity of development to serve as many types of residents as possible while minimizing land-use related conflict. Addresses Policy B3. Funding Source: General Fund Program 21 – Evaluate Community Land Trusts The City may explore the potential of community land trusts that may serve as stewards for additional owner-occupied affordable housing for Low and Moderate Income households. A community land trust is a nonprofit organization formed to hold title to land to preserve its long - term availability for affordable housing and other community uses. A land trust typically receives public or private donations of land or uses government subsidies to purchase land on which affordable housing can be built. In this model, homes are sold to lower-income families, but the community land trust retains ownership of the land and provides long-term ground leases to homebuyers. The City may evaluate potential community land trusts through such actions as: (1) offering Housing Authority-owned properties; (2) directing local, State and Federal funds designated for first-time homebuyer subsidies; (3) encouraging partnerships with local affordable housing developers; (4) providing grant funds; and (5) consideration of developing a partnership to monitor compliance of outstanding City first-time homebuyer loans and other agreements with long term affordability requirements that are enforceable by the City. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Evaluate options for use of community land trust model. Addresses Policy B4. Funding Source: Unknown City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-21 Program 22 – Provide Priority for Provision of Services to Lower Income Households Maintain compliance with Senate Bill 1087 (Government Code 65589.7) that requires jurisdictions to provide priority service of water and sewer to low income households. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Coordinate with Poway’s Public Works Department to ensure service priority to potential affordable housing developments. Addresses Policy B2. Funding Source: General Fund Program 23 – Enforce City Codes, General Plan Policies, and Zoning Regulations Enforce all City codes, General Plan and other appropriate plan policies, and zoning regulations for the development of housing constructed for very-low, low, and moderate income households. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Ensure high quality design and construction and design compatibility with surroundings for new affordable housing developments. Addresses Policy B1. Funding Source: General Fund Program 24 – Assemble Available Land in the Mixed Use District With the elimination of redevelopment agencies in California, the City’s ability to continue to assemble available land in the Mixed-Use Zone and the Town Center Planning Area will be very limited. However the former Poway Redevelopment Agency acquired several parcels in the Mixed Use Zone, specifically in the Town Center area for the development of affordable housing and mixed use. These areas offer potential infill development and are located in proximity to public transit, commercial and other community services. Some of these properties are owned by the City of Poway and others are owned by the Poway Housing Authority. All of these, in addition to properties identified in the Residential Sites Inventory will have an AHOZ applied. This will help facilitate mixed use development in the future. It is unknown, how many, if any, of the City-owned parcels will be retained by the City. The City will encourage mixed-use with affordable housing, pursuant to the AHOZ on the properties. The City continues to focus on properties in the Mixed Use Zone and Town Center area. As funding becomes available, the City will evaluate acquiring additional properties in these areas and will continue to evaluate this program. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: As funding is available, evaluate acquisition of infill sites in the Mixed Use Zone and Town Center. Addresses Policy B1. Funding Source: Unknown City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-22 Program 25 – Monitor Ordinances, User Charges, and Fees The City will continue to monitor its ordinances, user charges, and fees to ensure that these are consistent with costs incurred by the City, and, where possible and appropriate, will introduce measures to remove constraints to the development of housing. Responsible Party: Development Services Department Target Years: Annual Review, 2013-2020 Objective: Ensure unnecessary and/or inappropriate financial and/or regulatory constraints do not hamper the development of housing, especially affordable housing, in Poway. Ensure that funds collected through charges and fees are appropriate and sufficient to fund City activities supported by these charges and fees. Addresses Policy B1. Funding Source: General Fund Program 26 – Ensure Density Bonus Ordinance Complies with New State Law The City will ensure its Density Bonus Ordinance remains consistent with State law. Responsible Party: Development Services Department Target Years: Ongoing, 2013-2020. Objective: Ensure that State law is being followed in housing development in Poway. Addresses Policy B1. Funding Source: General Fund Program 27 – Public Outreach and Education As funding is available, the City will continue to work with its non-profit partners to conduct a public outreach and education program that engages local housing developers, the business community, and the media to help create understanding of and support for affordable housing. Through the Housing Solutions Alliance, the Housing Authority will work with local developers to present information to local civic and business organizations, provide information to local residents and businesses and seek supporters of affordable housing goals. The group will issue press releases to local newspapers, conduct events to celebrate affordable housing success stories and develop factual information about Poway’s affordable housing communities. The effort will be combined with the Housing Special Program and funded through the City’s Housing Special Program Fund to the extent funds are available. Responsible Party: Development Services Department Target Years: Ongoing, 2013-2020 Objective: Raise public awareness of and public support for affordable housing. Addresses Policies B4 and B5. Funding Source: Housing Special Program Fund City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-23 Program 28 – Transit Priority Projects The City will evaluate the provision of incentives for projects that comply with a sustainable communities strategy, create jobs, reduce vehicle miles travelled, and meet regional housing needs. This program complies with Senate Bill 310 - Transit Priority Project Program; Government Code Section 53393.3.5 and 53395.14. Investigate opportunities to link infrastructure improvements with other affordable housing development or rehabilitation to maximize the revitalization results of such efforts. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: The City will evaluate this provision within two years of Housing Element Update adoption. Addresses policies A1 and A2. Funding Source: General Fund Program 29 – Provision of Housing for Extremely-Low Income Households Encourage the development of housing units for households earning 30 percent or less of the region’s Area Median Income. Specific emphasis for this income category shall be placed on the provision of family housing and non-traditional housing. The City will encourage development of housing for extremely-low income households through a variety of activities such as outreaching to housing developers on at least an annual basis, providing financial or in- kind technical assistance or land write-downs (as funding becomes available), identifying grant funding opportunities, applying for or supporting applications for funding on an ongoing basis, reviewing and prioritizing local funding (as funding becomes available) at least twice during the planning period and/or offering additional incentives beyond the density bonus provisions. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Outreach to developers on at least an annual basis; As funding becomes available, apply for or support applications for funding on an ongoing basis; Review and prioritize local funding at least twice in the planning period. Addresses policies A1 and A2. Funding Source: Unknown. Could include Affordable housing loan repayments, 9% Low Income Housing Tax Credits (in limited situations), Tax- Exempt Bonds with 4% Low Income Housing Tax Credits, San Diego County HOME, Affordable Housing Program (AHP), Multi- family Housing Program (MHP) Program 30 – Provision of No Net Loss (Government Code Section 65863) The City will ensure adequate sites are available throughout the planning period to meet the City’s RHNA. The City will continue to annually update an inventory that details the amount, type, and size of vacant and underutilized parcels to assist developers in identifying land suitable for residential development and that also details the number of extremely low-, very low-, low-, and moderate-income units constructed annually. If the inventory indicates a shortage of available sites, the City shall identify alternate sites sufficient to accommodate the City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-24 City’s RHNA. To ensure sufficient residential capacity is maintained to accommodate the RHNA, the City will develop and implement an ongoing project-by-project evaluation procedure pursuant to Government Code Section 65863. Should an approval of development result in a reduction of capacity below the residential capacity needed to accommodate the RHNA, the City will identify sufficient sites to accommodate the shortfall by adjusting the Residential Sites Inventory and applying the appropriate AHOZ to newly identified sites. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Monitor and evaluate No Net Loss requirements per State law. Develop evaluation procedure to implement Government Code Section 65863 by December 2013. Addresses policies A1 and A2. Funding Source: General Fund Program 31 – Preserve Potential At-Risk Housing Units The City will monitor potential At-Risk affordable housing units to ensure that adequate sites are available throughout the planning period to meet the City’s RHNA. While the City does not currently have any At-Risk Housing units, the City will continue to coordinate with property owners of affordable housing. If any potential loss of At-Risk units arises, the City will seek the assistance of non-profit corporations or non-profit housing organizations that may be able to assist in the preservation of At-Risk affordable housing units. As funding becomes available, the City will seek out funding sources to offer incentives to extend terms of affordability restrictions. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Monitor and evaluate potential At-Risk housing units, coordinate with existing property owners, seek assistance from non-profit entities capable of assisting with preserving At-Risk affordable housing units and identify funding as it becomes available. Addresses policies A1 and A2. Funding Source: General Fund Program 32 – Monitor and Evaluate AHOZ Ordinance Development Standards The City will monitor and evaluate development of all properties assigned with an existing or future AHOZ in the Residential Sites Inventory to confirm AHOZ development standards are not a constraint to reaching maximum densities allowed. The City will also monitor the Development Review process to ensure the process provides consistent application which is objective in nature and provides certainty to developers. If either the development standards or the DR process is shown to constrain development, the City will amend, if necessary, development standards or procedures, as appropriate, to mitigate the constraint. The City will also conduct on-going monitoring and provide reporting to HCD in the City’s General Plan Annual Report. City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-25 Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Monitor development of AHOZ properties; monitor AHOZ development standards and DR procedures for consistency. If necessary, amend AHOZ General Plan guidelines and Municipal Code regulations. Provide analysis and evaluation of program to HCD in General Plan Annual Report. Addresses policies A1, A2 and A3. Funding Source: General Fund PROMOTION OF FAIR HOUSING Program 33 – Provide Information on Fair Housing in Quarterly Newsletter The City will continue to include an article in at least one of its qua rterly newsletters per year providing information concerning housing discrimination, Fair Housing law and available assistance. Responsible Party: Development Services Department Target Years: 2013-2020, Annual Review Objective: Make Poway residents aware of these issues, laws, and available services for fair housing. Addresses policies C1 and C2. Funding Source: General Fund Program 34 – Obtain and Distribute Flyers on Fair Housing from San Diego County The City will obtain flyers from the San Diego County Department of Housing and Community Development and make these available at appropriate locations in the City. Responsible Party: Development Services Department Target Years: Ongoing, 2013-20102 Objective: Promote the awareness of the housing services provided by the County. Addresses policies C1 and C2. Funding Source: General Fund Program 35 – Obtain and Display Posters on Fair Housing from the State of California The City will request posters from the California Fair Housing and Employment Department and display them in appropriate locations in public buildings. Responsible Party: Development Services Department Target Years: Ongoing, 2013-2020 City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-26 Objective: Promote the awareness of the services and laws discussed by the posters. Addresses policies C1 and C2. Funding Source: General Fund Program 36 – Include Anti-Discrimination Clauses in Deed Restrictions for Affordable Housing In all deed restrictions required of affordable housing developments, the City will require inclusion of an anti-discrimination clause. Responsible Party: Development Services Department Target Years: 2013-2020 Objective: Ensure a legal City mechanism for complaints against housing discrimination in deed transactions. Addresses Policy C1. Funding Source: General Fund Program 37 – Continue to Assist in Addressing Fair Housing Questions Continue to assist with Fair Housing questions when possible and to refer questions to other agencies as appropriate. This service is intended to assist in the awareness of Fair Housing throughout the County. The City will also provide this information on its website to gain additional public outreach. Responsible Party: Development Services Department Target Years: 2012-2020 Objective: Promote knowledge of Fair Housing law and services and ensure Poway residents have access to appropriate Fair Housing services. Addresses Policy C2. Funding Source: General Fund City of Poway 6 ▪ Housing Plan DRAFT April 2013 Housing Element Update | Page 6-27 D. Quantified Objectives The City of Poway has established quantified (numerical) objectives for several program categories (Table 6-1) to provide measurable standards for monitoring and evaluating program achievements. Quantified objectives have been established for accommodating the City’s share of future housing needs under the SANDAG Regional Housing Allocation Plan, new housing construction, housing rehabilitation, the preservation of existing affordable housing, and homebuyer assistance. The future housing needs objective addresses the City’s ability to accommodate housing based on the availability of appropriately zoned vacant and underutilized land, with public services and facilities. These homes may or may not be built depending on market trends and the availability of funding to developers of affordable housing. Table 6-1 Summary of Quantified Objectives 2013-2020 Income Regional Share New Dwelling Units Homebuyer Assistance (SHOP) Rehab. (HELP) Conservation of Affordable Housing Special Needs Housing Rental Housing Mobile Homes Transitional & Supportive Extremely Low 100 100 6 580 316 4 Very Low 101 101 Low 152 138 Moderate 282 38 48 Above Moderate 618 305 Total 1,253 682 48 6 580 316 4 Notes: 1. Quantified objectives in this table summarize the individual program objectives contained in this chapter. 2. Quantified objectives for homebuyer assistance include the City’s First Time Homebuyer Program and the home ownership housing program. 3. The quantified objective for rental housing preservation assumes continued preservation of existing subsidized rental units that are not at risk of conversion to market rate housing through the end of the housing cycle.