HomeMy WebLinkAbout2020-05-05; City Council; Resolution 2020-080RESOLUTION NO. 2020-080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING THE WINDSOR POINTE RELOCATION PLAN AND
REPLACEMENT HOUSING PLAN FOR THE AFFORDABLE HOUSING PROJECT
LOCATED AT 3606-3618 AND 3630 HARDING STREET, AND 965-967 OAK
AVENUE
WHEREAS, federal and state laws require a public agency to prepare and approve a Relocation
Plan when certain programs or projects undertaken by the public agency displace residents; and
WHEREAS, the City of Carlsbad (City) is providing financial assistance to the Windsor Pointe
affordable housing development project located at 3606-3618 and 3630 Harding Street and 965-967
Oak Avenue (Project) and the Project will displace three residential households;
WHEREAS, the City and the Project developer, Carlsbad Veteran Housing, LP., have prepared
a Relocation Plan (Attachment A) for the Project; and
WHEREAS, federal and state laws require a public agency to prepare and approve a
Replacement Housing Plan for certain activities that will lead to the destruction or removal of
dwelling units from the low-and moderate-income housing market; and
WHEREAS, the Project will lead to the removal of five dwelling units from the low-and
moderate-income housing market; and
WHEREAS, the City has prepared a Replacement Housing Plan (Attachment B) for the Project;
and
WHEREAS, the Relocation Plan and Replacement Housing Plan were made available for public
review between March 20, 2020 and April 18, 2020; and
WHEREAS, the City Council has taken all public comments and testimony into account in its
consideration of the Relocation Plan and Replacement Housing Plan; and
WHEREAS, as outlined in the plans, the City is committed to providing relocation assistance to
residents displaced by the Project and to expanding the affordable housing stock by identifying
replacement dwelling units for those removed by the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the Relocation Plan conforms to the applicable requirements of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §
May 5, 2020 Item #9 Page 5 of 54
4601 et seq.); Section 104(d) of the Housing and Community Development Act of 1974
(42 U.S.C. § 5304(d)) and its implementing regulations (24 C.F.R. 42.301 et seq.); the
Department of Housing and Urban Development's Tenant Assistance, Relocation and
Real Property Acquisition Handbook; California Relocation Assistance Law (Gov. Code, §
7260 et seq.), and the Department of Housing and Community Development's
Relocation Assistance and Real Property Acquisition Guidelines (Cal. Code of Regs., tit.
25, § 6000 et seq.).
3. That the Replacement Housing Plan conforms to the applicable requirements of Section
104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. § 5304(d)),
its implementing regulations (24 C.F.R. 42.301 et seq.), and California Health and Safety
Code Sections 33413 and 33413.5
4. That the Relocation Plan and Replacement Housing Plan are approved and adopted.
5. That, on the city's behalf, the Community Development Director, or designee, is
authorized and directed to cause the implementation of the Relocation Plan and
Replacement Housing Plan and to execute any and all documents, and take any other
actions to effectuate their purposes, including authorizing and accepting any revisions
to the plans as may be necessary.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 5th day of May, 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel.
NAYS: None.
ABSENT: None.
ABSTAINED: Schumacher.
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MATT HALL, Mayor
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May 5, 2020 Item #9 Page 6 of 54
~OPC
Enhancing Lives Through Infrastructure
Windsor Pointe
RELOCATION PLAN
Prepared for:
Affirmed Housing
13520 Evening Creek Drive N, Suite 160
San Diego, CA 92128
(858) 679-2828
Prepared by:
Overland, Pacific & Cutler, LLC
438 Camino del Rio South, Suite 213
San Diego, CA 92108
( 619) 688-7980
April 18, 2020
Attachment A
May 5, 2020 Item #9 Page 7 of 54
TABLE OF CONTENTS
INTRODUCTION ........................................................................................................................................... I
I. PROJECT DESCRIPTION ............................................................................................................................. 3
A. REGIONAL LOCATION ............................................................................................................... 3
B. PROJECT SITE LOCATION AND DESCRIPTION ................................................................. .4
C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS .................................. 6
II. ASSESSMENT OF RELOCATION NEEDS ................................................................................................. 7
A. SURVEYMETHOD ....................................................................................................................... 7
B. FIELD SURVEY DATA ................................................................................................................. 7
1. Current Occupants .......................................................................................................... : .. 7
2. Comparable Replacement Housing Needs ...................................................................... 7
3. lncome ................................................................................................................................ 8
4. Ethnicity/Language .......................................................................... , ................................ 8
5. Senior/Handicapped Households ..................................................................................... 8
6. Preferred Relocation Areas ............................................................................................... 8
III. RELOCATION RESOURCES ....................................................................................................................... 9
A. METHODOLOGY .......................................................................................................................... 9
B. COMP ARABLE REPLACEMENT HOUSING AVAILABILITY ............................................ 9
1. Residential Rental Housing .............................................................................................. 9
2. Surmnary ................................................................................................. : .......................... 9
C. RELATED ISSUES ........................................................................................................................ 9
1. Concurrent Residential Displacement.. ............................................................................ 9
IV. THE RELOCATION PROGRAM ................................................................................................................ 10
A. ADVISORY ASSISTANCE ......................................................................................................... 10
B. RELOCATION BENEFITS ......................................................................................................... 12
1. Residential Moving Expense Payments ......................................................................... 12
2. Rental Assistance to Tenants Who Choose to Rent ...................................................... 13
3. Downpayment Assistance to Tenants Who Choose to Pm-chase ................................. 15
C. PROGRAM ASSURANCES AND STANDARDS .................................................................... 16
D. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION
BENEFITS ..................................................................................................................................... 16
E. LAST RESORT HOUSING ......................................................................................................... 17
F. IMMIGRATIONSTATUS ........................................................................................................... 17
G. RELOCATION TAX CONSEQUENCES .................................................................................. 17
V. ADMINISTRATIVE PROVISIONS ............................................................................................................ 19
A. NOTICES ....................................................................................................................................... 19
B. PRIVACY OF RECORDS ........................................................................................................... 20
C. GRIEVANCE PROCEDURES ....................... : ............................................................................ 20
D. EVICTION POLICY ..................................................................................................................... 21
E. CITIZEN PARTICIPATION ........................................................................................................ 21
F. PROJECTED DATE OF DISPLACEMENT .............................................................................. 22
G. ESTIMATED RELOCATION COSTS ....................................................................................... 22·
May 5, 2020 Item #9 Page 8 of 54
LIST OF TABLES
TABLE 1:
TABLE 2:
TABLE3:
TABLE4:
TABLE 5:
TABLE6:
2010 Census Population -City of Carlsbad & Impacted Tract
2010 Census Housing units -City of Carlsbad & Impacted Tract
Availability and Cost ofReplacement Rental Housing
Schedule ofFixed Moving Payments
Computation of Rental Assistance Payments -Section 104(d)
Computation of Rental Assistance Payments -URA
LIST OF EXHIBITS
EXHIBIT A:
EXHIBITB:
EXHIBITC:
EXHIBITD:
HUD Income Levels--,-San Diego County
Residential Informational Brochure
General Information Notice
Public Comments & Responses
6
6
9
13
14
14
May 5, 2020 Item #9 Page 9 of 54
INTRODUCTION
Carlsbad Veteran Housing, L.P. (the "Developer") and the City of Carlsbad (the "City" or
"Displacing Agency") have authorized the preparation of a Relocation Plan to be undertaken in
connection with the commencement of the proposed new affordable housing project called the
Windsor Pointe Project ("Project"). The Relocation Plan was developed on behalf of the City of
Carlsbad, which is the Displacing Agency. The Developer has acquired the properties located at
965-967 Oak Avenue, Carlsbad CA 92008 and 3606-3618 and 3630 Harding Street, Carlsbad, CA
92008, which the Developer will sell to the city and the city will lease back to the Developer. The
Developer plans to develop the two parcels into new affordable housing units. The two parcels,
collectively referred to as "the Project site or site," are improved with five single family residential
dwellings. All existing improvements on site will be completely demolished to allow for the new
construction of affordable housing units.
The proposed Project will construct a total of 50 new residential units. The Harding Street
development will consist of 26 studio, one, two, and three-bedroom rental units. These rental units
will be available to households at very low (50% of area median income (AMI)) and extremely
low (25% of AMI) incomes. Twelve of the units will provide permanent supportive housing for
people experiencing homelessness with Severe Mental Illness. The Oak Street development will
consist of 24 studio, one and two-bedroom rental units. These rental units will be available to
households at very low and extremely low incomes as well. As with the Harding Street
development, 12 of the units will provide permanent supportive housing for people experiencing
homelessness with SMI. Two units will be income-unrestricted manager's units. To the extent
consistent with applicable law, a preference will be given to veterans and Carlsbad residents and/or
households with an individual who works in Carlsbad.
The Project will be funded with City of Carlsbad Housing Trust Funds, Community Development
Block Grant (CDBG) funds to the extend they are available within the project timeline, state and
federal tax credit equity, and County of San Diego No Place Like Home funds (NPLH).
The Developer has retained Overland, Pacific & Cutler, LLC (OPC) to update the previously
prepared Relocation Plan and administer the updated plan on behalf of the Developer and
Displacing Agency.
This Plan conforms to the requirements of the Federal Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (URA), as amended, Handbook 1378 of the Depa11ment
of Housing and Urban Development (HUD), Section 104(d) of the Housing and Community
Development Act of 1974, (the Act) as amended [42 United States Code, Section 5304(d)], the
implementing regulations at 24 Code of Federal Regulations, Part 42, California Relocation
Assistance Law, Government Code Section 7260, et seq. (Law), and the Relocation Assistance
and Real Property Acquisition Guidelines adopted by the Department of Housing and Community
Development as in Title 25, California Code of Regulations Section 6000, et seq. (Guidelines).
The URA, Law, Section 104(d), Guidelines and HUD Handbook 1378 are referred to herein
collectively as the "Relocation Laws."
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May 5, 2020 Item #9 Page 10 of 54
One-for-One Replacement Units
All occupied and vacant occupiable lower income housing demolished in connection with funds
provided under the CDBG program, to the extent such funds are available within the project
timeline, will be replaced.
All replacement housing will be provided within three years after the commencement of the
demolition. Construction activities for the 50 new units are anticipated to start in August 2020 with
18 months of construction. There will be 24 studios, 17 one-bedroom units, seven two-bedroom
units and two three-bedroom units to replace the loss of two low income two-bedroom units and
two low income three-bedroom units. Additionally, the City has identified in its Replacement
Housing Plan, two off-site housing projects currently under construction and within approximately
.6 miles of the proposed Project that will make available up to four lower-income three-bedroom
units beginning in Spring 2020.
This Plan is organized in five sections:
1. Project description (SECTION I);
2. Assessment of the relocation needs of persons subject to displacement (SECTION 11);
3. Assessment of available replacement housing units within the City of Carlsbad and
surrounding communities (SECTION III);
4. Description of the relocation program (SECTION IV);
5. Description of outreach efforts, Project timeline and budget (SECTION V).
2
May 5, 2020 Item #9 Page 11 of 54
C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS
According to the 2010 U.S. Census, the population of the City of Carlsbad is 105,328, and the
population of the impacted Census Tract 179.00 is 6,958 (see Table 1). Corresponding Census
data concerning the housing mix is shown in Table 2.
Table 1: 2010 Census Population -City of Carlsbad & Impacted Tract
Population Tract 179.00 % City %
Total Population 6,958 100 105.328 100
White 5,260 75.6 87,205 82.8
Black or African American 126 1.8 1,379 1.3
American Indian or Alaska Native 92 1.3 514 0.5
Asian/Native Hawaiian or Other Pacific 30 0.4 198 0.2 Islander
Two or More Races 316 4.5 4,383 4.2
Hispanic or Latino ( of Any Race) 2,510 36.1 2,631 2.5
Source: U.S. Census Bureau, DP-1. Race, Hispanic or Latino, and Age: 2010
TABLE 2: 2010 Census Housing Units-City of Carlsbad & Impacted Tract
Type Tract 179.00 % City %
Total Occupied Units 3,239 100 44,673 100
Owner-Occupied 697 23.6 26,808 64.8
Renter-Occupied 2,257 76.4 14,537 35.2
Vacant Housing Units 285 8.8 3,328 7.4
Available for Sale Only (of Total Vacant 7 0.4 372 0.8 Units)
Available for Rent -Full Time 146 4.5 712 1.6 Occupancy (of Total Vacant Units)
Sold or Rented-Not Occupied 2 0.2 136 0.3
Otherwise Not Available (e.g. seasonal, 98 3.0 1,758 3.9 recreational, migratory, occasional use)
Other Vacant 20 0.6 3,328 7.4
Source: U.S. Census Bureau, DP-1. General Housing Characteristics: 2010
6
May 5, 2020 Item #9 Page 15 of 54
II. ASSESSMENT OF RELOCATION NEEDS
A. SURVEY METHOD
To obtain information necessary to update this Plan, which was previously prepared in February
2018, additional personal interviews with two of the three tenant households to be permanently
displaced were conducted by OPC staff in February 2020. One household did not respond to contact
attempts. (All households were interviewed in 2018). The data in this section of the Plan are based
on verbal responses from the households, although at this time the information is unconfirmed.
Inquiries made of the residential occupants concerned household size and composition, income,
monthly rent and estimated utility costs, length of occupancy, ethnicity, home language, physical
disabilities, legal presence status, relocation needs, and replacement housing preferences. The
information below is based on the updated data as well as previous information gathered for the
household not re-interviewed.
B. FIELD SURVEY DATA
1. Current Occupants
There are three tenant households, who will be permanently relocated for the Project. At the
time of the first round of interviews in 2018, these households consisted of eight adults and two
children (17 years or younger) for a total of 10 Project site occupants. Household size ranges
from 2-5 individuals.
The Project households ctmently occupy two two-bedroom single family units and one three-
bedroom single family unit. The Developer's standard for housing density allows two persons
per bedroom and one person in the common living area (2+ 1 occupancy standard). Based on
this criterion and available tenant data, there are no overcrowded units.
2. Comparable Replacement Housing Needs
Comparable replacement housing needs, as expressed in this plan, are defined by the total
number of required comparable replacement units and distribution of those units by
bedroom size. The projected number of required units by bedroom size is calculated by
comparing survey data for household size with the Developer's replacement housing
occupancy standards. These standards, generally, allow for up to three persons in a one-·
bedroom unit, five persons in a two-bedroom unit, seven persons in a three-bedroom unit
and nine or more persons in a four-bedroom unit.
In addition, replacement housing needs must also be based on the legally present members of
the household. However, the Developer will use non-federal funds to pay relocation benefits to
those tenants not legally present in the United States but otherwise eligible for assistance.
Therefore, based on the occupancy standard stated above, the comparable replacement units
required for the displaced households are two two-bedroom single family units and one three-
bedroom single family unit.
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May 5, 2020 Item #9 Page 16 of 54
3. Income
Information regarding gross household income was provided by the three tenant households.
According to income standards for the County of San Diego (Exhibit A) adjusted for family size
as published by the United States Department of Housing and Urban Development (HUD), one
household qualifies as Extremely Low Income (30% or less AMI), one household qualifies as
Very Low Income (31 % -50% AMI.) and one household qualifies as Moderate income (120%
of AMI).
4. Ethnicity/Language
The three households reported Hispanic as their ethnicity, and all three speak, read and
understand English.
5. Senior/Handicapped Households
There are no households who reported a senior head of household (62 years or older). One
household reported having members with mobility challenges. If special needs are identified
when the project occupants are ultimately displaced, appropriate steps will be taken to
accommodate those needs and to locate or modify suitable replacement housing.
6. Preferred Relocation Areas
All households expressed a preference to remain in the same community in Carlsbad to
remain close to shopping, public transport, medical facilities and school.
8
May 5, 2020 Item #9 Page 17 of 54
III. RELOCATION RESOURCES
A. METHODOLOGY
For residential housing, a resource survey was conducted in late February 2020 to identify
available rental units within Carlsbad. The following sources were utilized:
--Classified rental listings from local newspapers and For Rent publications
--Internet sources of rental opportunities
B. COMPARABLE REPLACEMENT HOUSING AVAILABILITY
1. Residential Rental Housing
The rental replacement housing survey was conducted to identify two-and three-bedroom
single family residences for rent in Carlsbad and surrounding communities. This data is
summarized in Table 3 below. The individual figures for number of units found by bedroom
size are presented in the table alongside the number of units needed (shown in parentheses) to
meet the re-housing obligations.
TABLE 3: Availability and Cost of Replacement Rental Housin2
Bedroom Size Two Three
#Found(# Needed) 5 (2) 6 (1)
Rent Range $2,150 -$3,300 $2,700 -$3,850
Median Rent $2,695 $2,850
The median rent amount shown in the table is among the figures used to make benefit and
budget projections for the Plan. This amount is, naturally, subject to change according to the
market rates prevailing at the time of displacement.
2. Summary
Considering the above described availability of replacement housing resources gathered over a
one-week period, it appears that there are more than adequate replacement resources for the
residential occupants. But, while adequate replacement resources exist, based on survey results
of rental opportunities and the tenants' current rents, some of the tenant occupants will likely
have an increase in monthly rent. Possible increases, if any, will be met through compliance
with the requirements of applicable Relocation Laws, including Last Resort Housing
(LHR) requirements. (See Section IV, E).
C. RELATED ISSUES
1. Concurrent Residential Displacement
There are no known current public projects causing significant residential displacements
underway in the City of Carlsbad which would compete with the Project for needed housing
resources. No residential displacee will be required to move without both adequate notice and
access to available, affordable, decent, safe and sanitary housing.
9
May 5, 2020 Item #9 Page 18 of 54
IV. THE RELOCATION PROGRAM
The Relocation Program for permanent displacements is designed to minimize hardship, be
responsive to unique Project circumstances, emphasize maintaining personal contact with all
affected individuals and consistently apply all regulatory criteria to formulate eligibility and
benefit determinations and conform to all applicable requirements. The relocation program will
conform with the standards and provisions of all applicable Relocation Laws.
The Developer has retained Overland, Pacific & Cutler, LLC (OPC), a multi-lingual consulting
firm, to administer the Relocation Program on behalf of the Developer and the Displacing
Agency. OPC has worked on more than 5,000 public acquisition and relocation projects over the
past 40 years. Experienced Developer staff will monitor the performance of OPC and be
responsible to approve or disapprove OPC recommendations concerning eligibility and benefit
determinations.
The Developer will provide all required relocation assistance and benefits to the households
determined to need to move from existing homes in the event the Developer proceeds with the
Project. The relocation program consists of two principal components: advisory assistance and
financial assistance (Relocation Benefits).
A. ADVISORY ASSISTANCE
Advisory assistance services are intended to:
1. inform displacees about the relocation program
2. help in the process of finding appropriate replacement accommodations
3 . facilitate claims processing
4. maintain a communication link with the Developer
5. coordinate the involvement of outside service providers
To follow through on the advisory assistance component of the relocation program and assure
that the Developer and the Displacing Agency meet theirobligations under the Relocation Laws,
OPC staff will perform the following functions:
1. Distribute appropriate written information concemmg the relocation program m
English and Spanish, as needed;
2. Inform the eligible households of the nature of, and procedures for, obtaining available
Relocation Benefits (Exhibit B);
3. Determine the needs of each displacee eligible for assistance (including through
personal interviews with the persons to be displaced);
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May 5, 2020 Item #9 Page 19 of 54
4. Provide the eligible displacees with at least three referrals to comparable replacement
housing within a reasonable time prior to displacement. Generally, a comparable
replacement dwelling must satisfy the following criteria:
(a) The unit is decent, safe and sanitary -electrical, plumbing and heating systems
are in good repair -no major, · observable hazards or defects. The unit is
adequate in size and is comparable to the acquired dwelling with respect to
number of rooms, habitable living space and type and quality of construction,
but not lesser in rooms or living space as necessary to accommodate the
displaced person. The unit is functionally equivalent, including principal
features.
(b) The unit is located in an area not subjected to unreasonable adverse
environmental conditions .fi·om either natural, or man-made sources, and not
generally less desirable with respect to public utilities, transportation, public
and commercial facilities, including schools and municipal services and
reasonably accessible to the displaced person's place of employment.
(c) The unit is available both on the private market and to all persons.
(d) The monthly rental rate is within the financial means of the displaced
residential tenant.
5. Maintain an updated database of available housing resources, and distribute referral
information to displacees for the duration of the Project;
6. Provide transportation to the residential displacees, if necessary, to inspect
replacement sites within the local area;
7. Inspect replacement housing to assure it meets decent, safe and sanitary standards as
described in the URA and Guidelines;
8. Supply information concerning federal and state programs and other governmental
programs providing assistance to displaced persons;
9. Assist eligible occupants in the preparation and submission of relocation assistance
claims;
10. Provide additional reasonable services necessary to successfully relocate occupants;
11. Make benefit determinations and payments in accordance with applicable law and
adopted relocation guidelines;
12. Assure that no occupant is required to move without a minimum of 90 days written
notice to vacate;
13. Inform all persons subject to displacement of the Developer's policies with regard to
eviction and property management;
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May 5, 2020 Item #9 Page 20 of 54
14. Establish and maintain a formal grievance procedure for use by displaced persons
seeking administrative review of decisions with respect to relocation assistance; and
15. Provide assistance that does not result in different or separate treatment based on or
due to an individual's sex, marital status, race, color, religion, ancestry, national
origin, physical handicap, sexual orientation, familial status, marital or domestic
partnership status.
B. RELOCATION BENEFITS
Specific eligibility requirements and benefit plans will be detailed on an individual basis with
the displaced households. In the course of personal interviews and follow-up visits, the
households to be displaced will be counseled as to available options, maximum assistance
amounts, and the consequences of any choice with respect to financial assistance.
Relocation benefits will be provided in accordance with the provisions of all applicable
Relocation Laws, andrules, regulations and procedures pertaining thereto. Benefits will be paid
to eligible displaced persons upon submission of required claim forms and documentation in
accordance with the Developer's normal administrative procedures.
The Developer will process advance payment requests to mitigate hardships for tenants who do
not have access to sufficient funds to pay move-in costs such as first month's rent and/ or security
deposits. Approved requests will be processed expeditiously to help avoid the loss of desirable,
appropriate replacement housing.
1. Residential Moving Expense Payments
All residential occupants to be permanently relocated will be eligible to receive a payment
for moving expenses. Moving expense payments will be made based upon the actual cost
of a professional move or a fixed payment based on a room-count schedule.
a. Actual Cost (Professional Move)
Displacees may elect to have a licensed professional mover perform 'the _move. The actual
cost of the moving services, based on at least two acceptable bids, will be compensated by
the Developer in the form of a direct payment to the moving company upon presentation of
an invoice. Transportation costs are limited to a distance of 50 miles in either case.
In addition to the actual move, costs associated with utility reconnections (i.e., gas, water,
electricity, telephone, and cable, if any), are eligible for reimbursement.
b. Fixed Payment (based on Room Count Schedule)
An occupant may elect to receive a fixed payment for moving expenses which is based on
the number of rooms occupied in the displacement dwelling. In this case, the person to be
relocated takes full responsibility for the move. The. fixed payment includes all utility
connections as described in Paragraph B.1.a., above.
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May 5, 2020 Item #9 Page 21 of 54
The current schedule for fixed moving payments is set forth in Table 4 following:
TABLE 4: Schedule of Fixed Movin2 Pavments (2015)
Unfurnished Dwelling
Room 1 2 3 4 5 6 7 8 Each
count additional
Amount $725 $930 $1 ,165 $1 ,375 $1 ,665 $1,925 $2,215 $2,505 $265
Furnished Dwelling
Room 1 each additional
count
Amount $475 $90
Based on the Federal Fixed Residential Moving Cost Schedule (2015)
2. Rental Assistance to Tenants Who Choose to Rent
Based upon the available data regarding Project displacees, the displaced households may
qualify for, and may be eligible to apply for, relocation benefits under one of the following
programs: URA provisions, Section 104(d), or the State Regulations.
To be eligible to receive the rental assistance benefits under the URA, State or Section 104(d)
programs, the displaced tenant household has to rent or purchase and occupy a decent, safe, and
sanitary replacement dwelling within one year from the date they move from the displacement
dwelling ..
Under Section 104(d), Rental Assistance Payments will be calculated based upon the monthly
housing need over a 60-month period for eligible occupants whose income level does not exceed
80% of the median income for the County of San Diego, as established by the United States ·
Department of Housing and Urban Development (HUD). Recipients of 104( d) benefits would
also be eligible to receive reimbursement for a security deposit and credit check fees.
Except in the case of Last Resort Housing situations, payments to those households whose
income level exceeds 80% of the area median income or who have chosen benefits under the
URA or State Regulations, will be payable over a 42-month period and limited to a maximum
of $7,200 as stated under URA guidelines or $5,520 under the Guidelines. The differences
between the two programs are explained in detail in the informational brochure that will be
provided to each household (see Exhibit C).
Table 5 on the following page provides an example of how a Section 104( d) rental assistance
eligibility amount is determined:
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May 5, 2020 Item #9 Page 22 of 54
TABLES: Example Computation of Section 104(d) Rental Assistance Payments
I. Adjusted Gross Income $600 30% of Household's Monthly Adjusted Gross Income*
-or-
2. Gross Income $300 I 0% of Gross Monthly Household Income
3. Greater oflines I and 2 $600 Total Tenant Payment
Subtracted from the lesser of:
4. Actual New Rent $795 Actual New Rent (includes utilities)
-or-
5. Comparable Rent $815 Set by Developer (includes utilities)
6. Lesser oflines 4 and 5 $795
7. Monthly Need Amount $195 Subtract line 3 from line 6
Rental Assistance $11,700 Multiply line 7 (Monthly Need) by 60 months
* Adjusted gross income means the total annual income of an individual household less the
following: (1) a deduction of $480 for each dependent; (2) a deduction of $400 for an elderly
household; (3) a deduction for recurring extraordinary medical expenses; defined for this purpose
to mean medical expenses in excess of 3% of total income, where not compensated for, or covered
by insurance or other sources; ( 4) a deduction of reasonable amounts paid for the care of children
or sick or incapacitated family members when determined to be necessary to employment of the
head of household or spouse, except that the amount deducted shall not exceed the amount of
income received by the person who would not otherwise be able to seek employment in the absence
of such care.
Table 6 portrays an example of a benefits determination under the URA and State
Regulations:
TABLE 6: Example Computation of URA/State Rental Assistance Payments
I. Old Rent $650 Old Rent and Utilities
or
2. Ability to Pay $700 30% of the Gross Household Income (for Low Income Households -URA)
3. Lesser oflines I or 2 $650 Base Monthly Rental
Subtracted From:
4. Actual New Rent $750 Actual New Rent and Utilities
or
5. Comparable Rent $775 Dete1mined by Developer (includes utilities)
6. Lesser of lines 4 or 5 $750
7. Yields Monthly Need: $100 Subtract line 3 from line 6
Rental Assistance $4,200 Multiply line 7 by 42 months
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May 5, 2020 Item #9 Page 23 of 54
Rental Assistance payment amounts are equal to 42 times the difference between the base
monthly rent and the lesser of:
(i) The monthly rent and estimated average monthly cost of utilities for a
comparable replacement dwelling; or
(ii) The monthly rent and estimated average monthly cost of utilities for the decent,
safe, and sanitary replacement dwelling actually occupied by the displaced person.
The base monthly rent for the displacement dwelling is the lesser of:
(i) The average monthly cost for rent and utilities at the displacement dwelling for
a reasonable period prior to displacement, as determined by the Developer; or
(ii) Thirty percent (30%) of the displaced person's average, monthly gross
household income if the amount is classified as "low income" by the U. S.
Department of Housing and Urban Development's (HUD) Annual Survey of
Income Limits for the Public Housing and Section 8 Programs under the URA.
(HUD's Survey is shown as Exhibit B.) If a displacee refuses to provide
appropriate evidence of income or is a dependent, the base monthly rent shall be
determined to be the average monthly cost for rent and utilities at the displacement
dwelling; or
(iii) The total of the amount designated for shelter and utilities if receiving a welfare
assistance payment from a program that designated the amounts for shelter and
utilities
3. Downpayment Assistance to Tenants Who Choose to Purchase
A displaced household may opt to apply the entire benefit amount for which they are eligible
toward the purchase of a replacement unit (URA, at 49 CFR 24.402(b) and HUD Handbook
1378). .
If a displaced household chooses to utilize up to the full amount of rental assistance eligibility
(including any Last Resort benefits) to purchase a home, it may have the funds deposited in an
open escrow account, provided that the entire amount is used for the downpayment and eligible,
incidental costs associated with the purchase of a decent, safe, and sanitary replacement home.
A provision shall be made in the escrow arrangements for the prompt return of the Developer
funds, in the event escrow should fail to close within a reasonable period of time.
Final determination about the type of relocation benefits and assistance for which the
households are eligible will be determined upon verification of the households' occupants and
incomes.
15
May 5, 2020 Item #9 Page 24 of 54
C. PROGRAM ASSURANCES AND STANDARDS
Adequate funds are available to relocate the displaced households. Relocation assistance services
will be provided to ensure that displacement does not result in different or separate treatment of
households based on or due to an individual's sex, marital status, race, color, religion,
ancestry, national origin, physical handicap, sexual orientation, familial status, marital or
domestic partnership status or any other basis protected by the federal Fair Housing Amendments
Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the
Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as
well as any other arbitrary or unlawful discrimination.
D. GENERAL INFORMATION REGARDING THE PAYMENT OF
RELOCATION BENEFITS
Claims and supporting documentation for relocation benefits must be filed with the Developer no
later than 18 months after the date of displacement. The procedure for the preparation and filing
of claims and the processing and delivery of payments will be as follows:
I . Claimant(s) will provide all necessary documentation to substantiate eligibility
for assistance;
2. Developer staff will review all necessary documentation including, but not
limited to, rental agreements or lease documents, moving bids, invoices and
escrow material before reaching a determination as to which expenses are eligible
for compensation;
3. Required claim forms will be prepared by OPC staff and presented to the
claimants for review. Signed claims and supporting documentation will be
returned to relocation staff and submitted to the Developer;
4. The Developer will review and approve claims· for payment, or request
additional information;
5. The Developer will issue benefit checks to claimants in the most secure,
expeditious manner possible;
6. Final payments to residential displacees will be issued after confirmation that
the Project premises have been completely vacated, and actual residency at the
replacement unit is verified;
7. Receipts of payment and all claim material will be maintained in the relocation
case file.
16
May 5, 2020 Item #9 Page 25 of 54
E. LAST RESORT HOUSING
Based on data derived from the surveys and analyses of the occupants in the Project area and costs
of replacement housing resources, it is anticipated that "comparable replacement housing" will
not be available, because the computed replacement housing assistance eligibility exceeds $7,200
and the estimated replacement dwelling monthly rental costs (including utilities) exceed 30% of
the households' average gross monthly income.
Therefore, if the Project proceeds, the Developer will authorize sufficient funds to provide
housing of last resort to eligible displaced households. Due to the demonstrated number of
available replacement housing resources for the displaced households, as shown above in Section
III, B -1, the need to develop a replacement housing plan to produce sufficient number of
comparable replacement dwellings will not be necessary. Rather, funds will be used to make
payments in excess of the monetary limits specified in the statute ($7,200); hence, satisfying the
requirement that "comparable replacement housing" is available.
The Developer, at its discretion, may opt to pay Last Res01t Housing payments in installments or
in a lump sum. Recipients of Last Resort rental assistance, who intend to purchase rather than
rent replacement housing, will have the right to request a lump sum payment of all benefits in the
form of downpayment assistance, as described above, to assist with the purchase of a decent, safe
and sanitary dwelling.
F. IMMIGRATION STATUS
Federal legislation (PL 105-117) prohibits the payment of relocation assistance benefits under the
Uniform Act to any alien not lawfully present in the United States unless such ineligibility would
result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child any
of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely
unusual hardship is defined as significant and demonstrable adverse impact on the health or safety,
continued existence of the family unit, and any other impact determined by the Developer to
negatively affect the alien's spouse, parent or child. However, the Developer will authorize the
payment of relocation assistance benefits to any otherwise eligible residential displacees from
non-federally authorized reimbursable funds.
In order to track and account for relocation assistance and benefit payments, Developer staff will
be required to seek immigration status information from each displacee aged 18 years or older by
having them certify as to their legal status.
G. RELOCATION TAX CONSEQUENCES
In general, relocation payments are not considered income for the purpose of Division 2 of the
Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of
1986 (Title 26, U. S. Code), or for the purpose of determining the eligibility or the extent of
eligibility of any person for assistance under the Social Security Act (42 U. S. Code 301 et seq.)
or the Personal Income Tax Law, Part 10 ( commencing with Section 17001) of the Revenue and
17
May 5, 2020 Item #9 Page 26 of 54
Taxation Code, or the Bank and Corporation Tax Law, Part II ( commencing with Section 23001)
of Division 2 of the Revenue and Taxation Code. The above statement on tax consequences is not
intended as tax advice by the Developer. Displacees are responsible for consulting with their own
tax advisors concerning the tax consequences of relocation payments.
18
May 5, 2020 Item #9 Page 27 of 54
V. ADMINISTRATIVE PROVISIONS
A. NOTICES
Each notice, which the Developer or the Displacing Agency is required to provide to a property
owner or occupant, shall be personally delivered or sent by certified or registered first-class mail,
return receipt requested and documented in the case file. Each notice will be written in plain,
understandable language.
Persons who are unable to read and understand any notice will be provided with appropriate
translation and counseling. Each notice will indicate the name and telephone number of a person
who may be contacted for answers to questions or other needed help.
There are three principal notices:
1) the General Information Notice,
2) the Notice of Relocation Eligibility, and
3) the Ninety-Day Notice.
The General Information Notice (GIN) is intended to provide potential relocatees with a general
written description of the relocation program and basic information concerning benefits,
conditions of eligibility, noticing requirements and appeal rights (Exhibit C). The GIN is issued
as early .as is feasible in the initial stages of a Project, preferably, the planning stage. GINs were
mailed via general and ce1tified mailing to all tenants prior to the initial interviews for this Plan
and again in February 2020.
A Notice of Relocation Eligibility (NOE) will be distributed to each eligible permanent displacee.
The NOE to the residential relocatee contains a determination of eligibility for relocation
assistance and a computation of a maximum entitlement based on information provided by the
affected household and the analysis of comparable replacement properties undertaken by OPC
staff. The NOEs will be issued to any eligible permanent displacee, once the Project funding is in
place and the Relocation Plan is approved.
No lawful occupant will be required to move without having received at least 90 days advance
written notice of the earliest date by which the move will be necessary. The 90-day notice will
either state a specific date as the earliest date by which the occupant may be required to move or
state that the occupant will receive a further notice indicating, at least 60 days in advance, the
specific date of the required move. The 90-day notice will not be issued to any residential
displacee before a comparable replacement dwelling has been made available.
In addition to the three principal notices, Developer staff will issue a timely written notification
in the form of a Reminder Notice, which discusses the possible loss of rights and sets the
expiration date for the loss of benefits to those persons who:
1) are eligible for monetary benefits,
2) have moved from the acquired property, and
3) have not filed a claim for benefits.
19
May 5, 2020 Item #9 Page 28 of 54
Reminder Notices will be issued periodically throughout the qualification period, as appropriate.
An attempt shall be made to make written contact with all non-responsive relocatees no later than
within the last six months prior to the filing expiration date.
B. PRIVACY OF RECORDS
All information obtained from displacees is considered confidential and will not be shared without
the consent of the displacee or the Developer. Developer staff will comply with federal regulations
concerning the safeguarding of relocation files and their contents.
C. GRIEVANCE PROCEDURES
A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount,
the failure to provide comparable housing, or the Developer's property management practices may
file a Relocation Assistance Appeal Form or any other written form of appeal with the Developer
and have the right of administrative review. The Developer's appeal policies will follow the
standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California,
Department of Housing and Community Development Program guidelines.
Requests for administrative review and informal hearings will be directed to the Developer's
Executive Vice President or his/her designee All requests for review will receive written responses
from the Developer within three weeks of their receipt. If an informal appeal is denied, appellants
will be entitled to file a written request for a formal hearing before an impartial and independent
hearing officer.
The appellant does not have to exhaust administrative remedies first; the appeal/grievance can
either go directly to the City of Carlsbad, directly to HCD or directly to the Court. For appeals to
the city, complainants should address the City of Carlsbad, Housing Services, located at 1200
Carlsbad Village Drive, Carlsbad, CA 92008 and should be filed within 60 days after the date the
person received their Notice of Eligibility or Non-Displacement or when they first became aware
of the problem. Final decision on the appeal will be made by the Community Development
Director. The complainant has a right to legal or other representation and may elect to have a
personal hearing. A written decision will be provided to the person within 15 days of the appeals
written submission to Housing Services or a hearing, if requested.
Any person and/or organization directly affected by the Relocation Plan may petition the
Department of Housing and Community Development (HCD), located at 2020 West El Camino
Ave., Sacramento, CA 95833 to review the Relocation Plan.
More detail concerning the appeals process will be provided upon request. Appellants will retain
their appeal rights for up to 18 months following the date of displacement from the Project
premises or receipt of final payment for relocation benefits, whichever is later.
20
May 5, 2020 Item #9 Page 29 of 54
D. EVICTION POLICY
1. Eviction may cause the forfeiture of a displacee's right to relocation assistance or
benefits. Relocation records will be documented to reflect the specific
circumstances surrounding any eviction action.
2. Eviction may be undertaken for one or more of the following reasons:
(a) Failure to pay rent, except in those cases where the failure to pay is due to
the owner's failure to keep the premises in habitable condition, is the result
of harassment or retaliatory action, or is the result of discontinuation or a
substantial interruption of services;
(b) Performance of a dangerous and/or illegal act in the unit;
( c) A material breach of the rental agreement and failure upon notification to
correct said breach within 30 days of Notice;
( d) Maintenance of a nuisance and failure to abate such nuisance upon
notification within a reasonable time following Notice;
( e) Refusal to accept one of a reasonable number of offers of replacement
dwellings; and/or,
(f) A requirement under State or local law or emergency circumstances that
cannot be prevented by reasonable efforts on the part of the Developer.
E. .CITIZEN PARTICIPATION
As the process for considering the Project moves forward, the Developer will observe the
following protocol:
1. Provide affected tenants with full and timely access to documents relevant to the
relocation program in both English and Spanish, as needed;
2. Encourage meaningful participation in reviewing the Relocation Plan and
monitoring the relocation assistance program; including the Project area
occupants, neighborhood groups and community organizations forming a
relocation committee;
3. Provide technical assistance necessary to interpret elements of the relocation
program;
4. Issue a general notice concerning the availability of the Plan for public review, as
required, 30 days prior to its proposed approval; and
21
May 5, 2020 Item #9 Page 30 of 54
5. Include written or oral comments concerning the Plan as an attachment (Exhibit
D) when it is forwarded to the City of Carlsbad for approval.
F. PROJECTED DATE OF DISPLACEMENT
The Developer anticipates that Notices to Vacate will not be issued prior to April 2020.
G. ESTIMATED RELOCATION COSTS
The total budget estimate for relocation-related payments for the four households, including a
20% contingency, is $316,000.
The estimated relocation budget does not include any payments related to property acquisition.
In addition, the budget does not consider the cost of any services necessary to implement the Plan
and complete the relocation element of the Project.
If the Project is implemented, and circumstances arise that should change either the number of
residential occupants, or the nature of their activity, the Developer will authorize any additional
funds that may need to be appropriated. The Developer pledges to appropriate, on a timely basis,
the funds necessary to ensure the successful completion of the Project, including funds necessary
for LRH as indicated in Section IV, E, of this Plan to meet its obligation under applicable
Relocation Laws.
22
May 5, 2020 Item #9 Page 31 of 54
EXHIBIT A
HUD INCOME LIMITS -SAN DIEGO COUNTY
The following figures are approved by the U. S. Department of Housing and Urban
Development (HUD) for use in the County of San Diego to define and determine housing
eligibility by income level.
Area Median Income: $86,300
Family Size Extremely Low Very Low Low
1 Person 22,500 37,450 59,950
2 Person 25,700 42,800 68,500
3 Person 28,900 48,150 77,050
4Person 32,100 53,500 85,600
5 Person 34,700 57,800 92,450
6Person 37,250 62,100 99,300
7 Person 39,850 66,350 106,150
8 Person 43,430 70,650 113,000
Figures are per the Department of Housing and Urban Development (California), updated in
April 2019.
May 5, 2020 Item #9 Page 32 of 54
EXHIBITB
RESIDENTIAL INFORMATIONAL BROCHURE
May 5, 2020 Item #9 Page 33 of 54
-· ... -----.. -··
Informational Statement for Families and Individuals
1. GENERAL INFORMATION
#
(Federal)
The dwelling in which you now live is in a project area to be improved by, or financed through, the
Displacing Agency using federal funds. If and when the project proceeds, and it is necessary for you
to move from your dwelling, you may be eligible for certain benefits. You will be notified in a timely
manner as to the date by which you must move. Please read this information, as it will be helpful to
you in determining your eligibility and the amount of the relocation benefits you may receive under
the federal law. You will need to provide adequate and timely information to determine your relocation
benefits. The information is voluntary, but if you don't provide it, you may not receive the benefits, or
it may take longer to pay you. We suggest you save this informational statement for reference.
The Developer has retained professional firm of Overland, Pacific & Cutler, LLC (OPC) to provide
relocation assistance to you on behalf of the Developer and the Displacing Agency. The firm is
available to explain the program and benefits. Their address and telephone number is listed on the
cover.
PLEASE DO NOT MOVE PREMATURELY. TIDS IS NOT A NOTICE TOVA CATE YOUR
DWELLING. However, if you desire to move sooner than required, you must contact your
representative with Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a
general informational brochure only and is not intended to give a detailed description of either the law
or regulations pertaining to the relocation assistance program.
Please continue to pay your rent to your current landlord, otherwise you may be evicted and
jeopardize the relocation benefits to which you may be entitled to receive.
2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING
#
The Developer, through its representatives, will assist you in locating a comparable replacement
dwelling by providing referrals to appropriate and available housing units. You are encouraged to
actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your
relocation consultant will carry out an inspection and advise you as to whether the dwelling unit meets
decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides
adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing
systems. Your new dwelling must pass inspection before relocation assistance payments can be
authorized.
#
3. MOVING BENEFITS
#
If you must move as a result of displacement by the Displacing Agency, you will receive a payment to
assist in moving your personal property. The actual, reasonable and necessary expenses for moving
your household belongings may be determined based on the following methods:
May 5, 2020 Item #9 Page 35 of 54
• A Fixed Moving Payment based on the number of rooms you occupy (see below); or
• A payment for your Actual Reasonable Moving and Related Expenses based on at least
two written estimates and receipted bills; or
• A combination of both (in some cases).
For example, you may choose a Self Move receiving a payment based on the Fixed Residential Moving
Cost Schedule shown below, plus contract with a professional mover to transport your grand piano and
/or other items that require special handling. In this case, there may be an adjustment in the number of
rooms which qualify under the Fixed Residential Moving Cost Schedule.
A. Fixed Moving Payment (Self Move)
A Fixed Moving Payment is based upon the number
of rooms you occupy and whether or not you own
your own furniture . The payment is based upon an
approved schedule, and ranges, for example, from
$475.00 for one furnished room to $2,505.00 for
eight rooms in an unfurnished dwelling. (For details
see the table). Your relocation representative will
inform you of the amount you are eligible to receive,
if you choose this type of payment.
If you select a fixed payment, you will be responsible
for arranging for your own move, and the Developer
and the Displacing Agency will assume no liability
Fixed Moving Schedule
CALIFORNIA (Effective 2015)
Occupant Owns Furniture:
1 room $725
2 rooms $930
3 rooms $1 ,165
4 rooms $1,375
5 rooms $1,665
6 rooms $1,925
7 rooms $2,215
8 rooms $2,505
Each additional room $265
Occupant does NOT Own
Furniture:
1 room $475
Each additional room $90
for any loss or damage of your personal property. A fixed payment also includes utility hook-
up, credit check and other related moving fees.
B. Actual Moving Expense (Commercial Move)
If you wish to engage the services of a licensed commercial mover and have the Developer pay
the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles.
Your relocation representative will inform you of the number of competitive moving bids (if
any) which may be required and assist you in developing a "mover" scope of services for
Developer approval.
4. REPLACEMENT HOUSING PAYMENT-TENANTS AND CERTAIN OTHERS
You may be eligible for a payment up to $7,200.00 to assist in renting or purchasing a comparable
replacement dwelling. In order to qualify, you must either be a tenant who has occupied the present
dwelling for at least 90 days immediately prior to the initiation of negotiations or an owner who has
occupied the present dwelling between 90 and 180 days immediately prior to the initiation of
negotiations.
A. Rental Assistance. If you wish to rent your replacement dwelling, your maximum rental
assistance benefits will be based upon the difference over a forty-two ( 42) month period
between the rent you must pay for a comparable replacement dwelling and the lesser of your
current rent or thirty percent (3 0%) of your monthly household income if your total gross
May 5, 2020 Item #9 Page 36 of 54
income is classified as "low income" by the U. S. Department of Housing and Urban
Development's (HUD) Annual Survey of Income Limits for Public Housing and Section 8
Programs. You will be required to provide your relocation representative with monthly rent
and household income verification prior to the determination of your eligibility for this
payment.
-OR-
B. Down-payment Assistance. If you qualify and wish to purchase a home as a replacement
dwelling, you can apply up to the total amount of your rental assistance payment towards the
down-payment and non-recurring incidental expenses. Your relocation representative will
clarify procedures necessary to apply for this payment.
5. SECTION 8 TENANTS
When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. In
such cases, a comparable replacement dwelling will be determined based on your family composition
at the time of displacement and the current housing program criteria. This may not be the size of the
unit you currently occupy. Your relocation representative will provide counseling
and other advisory services along with moving benefits.
6. REPLACEMENT HOUSING PAYMENT -HOMEOWNERS
#
A. If you own and occupy a dwelling to be purchased by the Displacing Agency for at least 90
days prior to the initiation of negotiation, you may be eligible to receive a payment of up to
$31,000.00 to assist you in purchasing a comparable replacement unit. This payment is
intended to cover the following items:
1. Purchase Price Differential -An amount which, when added to the amount for which
the Displacing Agency purchased your property, equals the lesser of the actual cost of
your replacement dwelling; or the amount determined by the Displacing "Agency as
necessary to purchase a comparable replacement dwelling. Your relocation
representative will explain both methods to you.
2. Mortgage Interest Differential -The amount which covers the increased interest
costs, if any, required to finance a replacement dwelling.Your relocation representative
will explain limiting conditions.
3. Incidental Expenses -Those one-time incidental costs related to purchasing a
replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring
expenses such as prepaid taxes and insurance premiums are not compensable.
B. Rental Assistance Option -If you are an owner-occupant and choose to rent rather than
purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to
the amount that you could have received under the Purchase Price Differential, explained
above. The payment will be based on the difference between the fair market rent of the
dwelling you occupy and the rent you must pay for a comparable replacement dwelling.
If you receive a rental assistance payment, as described above, and later decide to purchase a
replacement dwelling, you may apply for a payment equal to the amount you would have
May 5, 2020 Item #9 Page 37 of 54
received if you had initially purchased a comparable replacement dwelling, less the amount
you have already received as a rental assistance payment.
7. QUALIFICATION FOR, AND FILING OF, RELOCATION CLAIMS
To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable
replacement unit within one year from the following:
• For a tenant, the date you move from the displacement dwelling.
• For an owner-occupant, the latter of:
a. The date you receive final payment for the displacement dwelling, or, in the case of
condemnation, the date the full amount of estimated just compensation is deposited in
court;or
b. The date the Developer fulfills its obligation to make available comparable
replacement dwellings.
All claims for relocation benefits must be filed with the Developer within eighteen (18) months from
the date on which you receive final payment for your property, or the date, on which you move,
whichever is later.
8. LAST RESORT HOUSING ASSISTANCE#
#
If comparable replacement dwellings are not available when you are required to move, or if
replacement housing is not available within the monetary limits described above, the Developer will
provide Last Resort Housing assistance to enable you to rent or purchase a replacement dwelling on a
timely basis. Last Resort Housing assistance is based on the individual circumstances of the displaced
person. Your relocation representative will explain the process for determining whether or not you
qualify for Last Resort assistance.
If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling,
the entire amount of your rental assistance and Last Resort eligibility must be applied toward the down-
payment and eligible incidental expenses of the home you intend to purchase.
9. RENTAL AGREEMENT
As a result of the Displacing Agency's action to purchase the property where you live, you may become
a tenant of the Displacing Agency. If this occurs, you will be asked to sign a rental agreement which
will specify the monthly rent to be paid, when rent payments are due, where they are to be paid and
other pertinent information. ·
10. EVICTIONS
Eviction for cause must conform to applicable State and local law. Any person who occupies the real
property and is not in unlawful occupancy on the date of initiation of negotiations, is presumed to be
entitled to relocati<;m benefits, unless the Displacing Agency determines that:
• The person received an eviction notice prior to the initiation of negotiations and, as a result,
was later evicted; or
May 5, 2020 Item #9 Page 38 of 54
• The person is evicted after the initiation of negotiations for serious or repeated violation of
material terms of the lease; and
• The eviction was not undertaken for the purpose of evading relocation assistance regulations.
Except for the causes of eviction set forth above, no person lawfully occupying property to be
purchased by the Displacing Agency will be required to move without having been provided with at
least 90 days written notice from the Developer or the Displacing Agency.
11. APPEAL PROCEDURES -GRIEVANCE
Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized
by the Relocation Assistance Program may have the appeal application reviewed in accordance with
its appeals procedure. Complete details on appeal procedures are available in the Relocation Plan and
upon request from the Displacing Agency.
12. TAX STATUS OF RELOCATION BENEFITS
California Government Code Section 7269 indicates no relocation payment received shall be
considered as income for the purposes of the Personal Income Tax Law, Part 10 ( commencing with
Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax
law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code.
Furthermore, federal regulations ( 49 CFR Part 24, Section 24.209) also indicate that no payment
received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue
Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The preceding
statement is not tendered as legal advice in regard to tax consequences, and displacees should consult
with their own tax advisor or legal counsel to determine the current status of such payments.
(IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform
you that any tax advice contained in this communication (including any attachments) was not intended
or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under
the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters
addressed herein)
13. LAWFUL PRESENCE REQUIREMENT
In order to be eligible to receive relocation benefits in federally-funded relocation projects, all members
of the household to be displaced must provide information regarding their lawful presence in the United
States. Any member of the household who is not lawfully present in the United States or declines to
provide this information may be denied relocation benefits, unless such ineligibility would result in an
exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a
citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is
defined as significant and demonstrable adverse impact on the health or safety, continued existence of
the family unit, and any other impact determined by the Developer to negatively affect the alien's
spouse, parent or child. Relocation benefits will be prorated to reflect the number of household
members with certified lawful presence in the US. However, the Developer will authorize the payment
of relocation assistance benefits to any otherwise eligible residential displacees from non-federally
authorized reimbursable funds.
14. NON-DISCRIMINATION AND FAIR HOUSING
May 5, 2020 Item #9 Page 39 of 54
##
No person shall be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under the relocation assistance program pursuant to Title VI of the Civil Rights Act of
1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti-
discrimination and fair housing laws. You may file a complaint if you believe you have been subjected
to discrimination. For details contact the Developer or Displacing Agency.
#
15. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE
#
Those responsible for providing you with relocation assistance hope to assist you in every way possible
to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and
greatly appreciated. If you have any questions at any time during the process, please do not hesitate to
contact your relocation representative at OPC.
May 5, 2020 Item #9 Page 40 of 54
EXHIBIT C
GENERAL INFORMATION NOTICE
May 5, 2020 Item #9 Page 41 of 54
procedure. Complete details on appeal procedures are available upon request from the Displacing
Agency.
Note that pursuant to Public Law 105-117, aliens not lawfully present in the United States are not
eligible for relocation assistance, unless such ineligibility would result in exceptional hardship to
a qualifying spouse, parent, or child. All persons seeking relocation assistance will be required to
certify that they are a United States citizen or national, or an alien lawfully present in the United
States.
· Again, this is not a notice to vacate and does not establish eligibility for relocation payments or
other relocation assistance. If the Displacing Agency decides not to purchase the property, you
will be notified in writing.
If you have any questions about this or any other relocation issues, please contact Ada Fernandez
or me at the address and the phone number below.
Sincerely,
~~~
Daniel Furr
Project Manager
Overland, Pacific & Cutler, Inc.
438 Camino Del Rio South Suite 213
San Diego, CA 92108
Phone 619-688-7980
Received by
X. ___________ _
Recipient's Signature
Date
Delivered on/by: ----~-----
Posted on/by: ____ ___, _____ _
Mailed/receipt received on: 1/10/18 /
May 5, 2020 Item #9 Page 43 of 54
(_ City of
Carlsbad
February 24, 2020
NAME And All Other Occupants
ADDRESS
Carlsbad, CA 92008
RE: General Information Notice -Residential Occupant to Be Displaced
Sent USPS Certified Return Receipt and Regular Mail
Dear NAME:
The City of Carlsbad ('Displacing Agency'') is interested in purchasing the property you currently
occupy at ADDRESS, Carlsbad, CA 92008 for the Carlsbad Windsor Pointe Project (Project). This
notice is to inform you of your rights under federal and or state law. If the Displacing Agency
purchases the property and you are . displaced for the Project, you will be eligible for relocation
assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(URA), as amended, and/or California Relocation Assistance Law (See CA Government Code, § 7260
et seq.).
However, you do not have to move now.
This is not a notice to vacate the premises or a notice of relocation eligibility.
The professional firm of Overland, Pacific & Cutler, LLC (OPC) has been retained to assist in the
relocation process.
In order to assess and better plan for the relocation needs of possible displaced households in the
Project, the Displacing Agency is updating the Project's relocation plan. In order to prepare the
updated relocation plan, OPC staff will need to contact you to assess your relocation needs. OPC will
soon begin making attempts to contact you to schedule an appointment. If you want to schedule an
appointment that is convenient for you, please call your relocation agent Ada Fernandez at 619-688-
7980 and/or 800-400-7356.
If you rent your unit, you should continue to pay your monthly rent to your landlord because failure
to pay rent and meet your obligations as a tenant may be cause for eviction and loss of relocation
assistance.· You are urged not to move or sign any agreement to purchase or lease a unit before
receiving formal notice of eligibility for relocation assistance. If you move or are evicted before
receiving such notice, you will not be eligible to receive relocation assistance. Please contact Ms.
Fernandez or OPC before you make any moving plans.
If the Displacing Agency purchases the property and you are eligible for relocation assistance, you
will be given advisory services, including referrals to replacement housing, and at least 90 days'
advance written notice of the date you will be required to move. You would also receive a payment
for moving expenses and may be eligible for financial assistance to help you rent or buy a replacement
Housing Services
1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2810 t I 760-720-2037 f I www.carlsbadca.gov
May 5, 2020 Item #9 Page 44 of 54
dwelling. Any person aggrieved by a determination as to eligibility for, or the amount of, a payment
authorized by the Displacing Agency's Relocation Assistance Program may have the appeal application
reviewed by the Displacing Agency in accordance with its appeals procedure. Complete details on
appeal procedures are available upon request from the Displacing Agency.
Note that pursuant to Public Law 105-117, aliens riot lawfully present in the United States are not
eligible for relocation assistance, unless such ineligibility would result in exceptional hardship to a
qualifying spouse, parent, or child. All persons seeking relocation assistance will be required to certify
that they are a United States citizen or national, or an alien lawfully present in the United States.
Again, this is not a notice to vacate and does not establish eligibility for relocation
payments or other relocation assistance. If the Displacing Agency decides not to purchase the
property, you will be notified in writing.
If you have any questions about this or any other relocation issues, please contact Ada Fernandez or
· at 619-688-7980 and/or 800-400-7356.
Sincerely,
• Nancy Melander
Community Education and Grants Program Manager
Housing and Neighborhood Services
1200 Carlsbad Village Drive· ·
Carlsbad, CA 92008
Delivered on/by: ____ ___, _____ _
Received by
x ___________ _ Posted on/by: ____ ___, ______ _
Recipients Signature
Mailed/receipt received on: ___ _, ___ _
Date
3
May 5, 2020 Item #9 Page 45 of 54
EXIIlBITD
PUBLIC COMMENTS & RESPONSES
No comments were received during the 30-day public review and comment period starting on March 20,
2020 and ending April 18, 2020.
May 5, 2020 Item #9 Page 46 of 54
Windsor Pointe
REPLACEMENT HOUSING PLAN
{city of
Carlsbad
-Community Development Department
Housing Services Division
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
March 19, 2020
Prepared by: City of Carlsbad
Attachment B
May 5, 2020 Item #9 Page 47 of 54
INTRODUCTION
The City of Carlsbad ("the city") is providing financial assistance to an affiliate of Affirmed
Housing, ("Developer"), for construction of 50 affordable apartment units restricted for
homeless and lower income veteran families, as well as people experiencing homelessness
with Severe Mental Illness (SMI) (Project). The Project is, known as the Windsor Pointe
("Project"), and will be located at 3606-3618 and 3630 Harding Street and 965-967 Oak
Avenue in Carlsbad, CA. To the extent allowed by law, veteran households and Carlsbad
residents and/or households with an individual who works in Carlsbad will receive preference
in renting the units in the Project.
Section 33413.5 of the Ca lifornia Redevelopment Law ("CRL", found in Health and Safety
Code, Section 33000 et seq.) requires the redevelopment agency to adopt a replacement
housing plan whenever the agency executes an agreement for acquisition of real property,
or an agreement for the disposition and development of property, which would lead to the
destruction or removal of dwelling units from the housing market's very low, low, or
moderate incomes. The plan should identify the impacts that a particular redevelopment
project will have on the community's supply of housing for very low, low, and/or moderate
incomes and detail the measures that the agency will take to ensure that the appropriate
replacement housing is produced within the state-mandated, four-year time limit.
Section 33413(a) of the CRL requires that whenever dwelling units providing housing to
persons and families of low or moderate income are destroyed or removed from the housing
market of low and moderate incomes as part of a redevelopment project, which is subject
to a written agreement with a redevelopment agency, or where financial assistance has
been provided , the city, acting in its capacity as the successor to the housing assets of the
former agency shall, within four years of the destruction or removal, rehabilitate, develop,
construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to
persons and families of very low, low, or moderate income, an equal number of replacement
dwelling units at affordable housing cost within the redevelopment project area within the
"territorial jurisdiction" of the agency.
The units must be within the agency's jurisdiction, in standard condition, and designed to
remain affordable to very low-, low-, or moderate-income households, respectively, for the
longest feasible time, as determined by the agency, but for no less than the period of the
land use controls established in the redevelopment plan, unless a longer period is applicable
under Health & Safety Code §Section 33413( c). Specifically, Section 33413( c) established
the time limits at 45 years for ownership units and 55 years for rental housing.
The City of Carlsbad has prepared this Replacement Housing Plan because of the proposed
redevelopment of property located 3606-3618 and 3630 Harding Street and 965-967 Oak
Avenue in Carlsbad, CA, and to determine the impact of, and comply with the requirements
for replacement housing contemplated under the CRL.
As of February 1, 2012, the Carlsbad Redevelopment Agency (the "Former Agency") was
dissolved pursuant to California Health & Safety Code Section 34172 (the "Dissolution
Legislation"). The Dissolution Legislation dissolved all of the existing redevelopment agencies
and terminated the powers of the Former Agency and all other redevelopment
agencies. Despite such dissolution of the Former Agency, under the Dissolution Legislation,
certain obligations set forth in the CRL remain in effect. In accordance with California Health
& Safety Code Section 34176(a), the city elected to retain the housing assets of the Former
May 5, 2020 Item #9 Page 48 of 54
Agency (as defined in California Health & Safety Code Section 34176(e)). As the successor-
in-interest to the Former Agency, the city is required to comply with the obligation to adopt this
replacement housing plan.
This Plan describes the following:
• The proposed Project;
• The general location and number of units for very low, low, and moderate-income
households which will, or may be, removed or destroyed as a result of the Project;
• The general location and intentions for the development of replacement housing;
• The means of financing such development of replacement housing;
• The schedule for the construction of replacement housing;
• The time period for which these units will remain affordable;
• The non-applicability of Article 34 of the California Constitution.
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May 5, 2020 Item #9 Page 49 of 54
low and extremely low incomes as well. As with the Harding Street development, 12 of the
units will provide permanent supportive housing for people experiencing homelessness with
SMI. To the extent allowed by law, veteran households and Carlsbad residents and/or
households with an individual who works in Carlsbad will receive preference in renting the units.
The proposed Project will construct a total of 50 new residential units. Rents will be restricted
to households at 25% to 60% of the San Diego County Area Median Income, which are in the
extremely low to low-income categories. These rent levels are necessary to serve the intended
lower income special needs populations. According to the 2018 City of Carlsbad Annual
Housing Element Progress Report, only 42 of the 912 units needed to satisfy Carlsbad's share
of regional very low (and extremely low) income housing needs have been built since 2013.
Two units will be income-unrestricted manager's units.
The Project will be funded with the No Place Like Home (NPLH) funds through the County of
San Diego, City of Carlsbad Affordable Housing Trust Fund, Successor Agency Housing Trust
Fund, and Community Development Block Grant (CDBG) funds to the extent they are available
within the project timeline, as well as federal and state tax credit equity financing.
The Project will require the removal of the existing units. The city and the developer, in
accordance with the requirements of the Federal Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (URA), as amended, Handbook 1378 of the Department
of Housing and Urban Development (HUD), Section 104(d) of the Housing and Community
Development Act of 197 4, (the Act) as amended [42 United States Code, Section 5304( d)], the
implementing regulations at Title 24, Part 42 of the Code of Federal Regulations California
Relocation Assistance Law, Government Code Section 7260, et seq. (Law), and the Relocation
Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and
Community Development as in Title 25, Section 6000 et seq. of the California Code of Regulations
(Guidelines), will provide relocation assistance to existing tenants.
UNITS TO BE REMOVED AND REPLACED
All occupied and vacant occupiable lower income housing demolished in connection with funds
provided under the CDBG program, to the extent such funds are available within the project
timeline, will be replaced.
A total of five existing residences will be removed: two, three-bedroom detached duplex units
(3606-3618 Harding Street), one three-bedroom single family unit (3630 Harding Street), and two
two-bedroom detached duplex units (965-967 Oak Avenue). A total of 13 bedrooms will be
removed and require replacement, as shown in Table 1. Based on available tenant data, there
are currently no overcrowded units.
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May 5, 2020 Item #9 Page 51 of 54
Table 1. -Units to be Removed and Replaced
Property Address Total Two Three
bedrooms Bedrooms
3606-3618 Hardinq Street 2 2
3630 Hardinq Street 1 1
965-967 Oak Avenue 2 2
Total No. of Units 5 2 3
Total No. of Bedrooms 13 4 9
A general notice of the city's intention to prepare a Relocation Plan regarding the proposed project
was distributed to all persons residing on the sites. Information regarding gross household income
was provided by three of the four households. According to income standards for the County of
San Diego adjusted for family size as published by the United States Department of Housing and
Urban Development (HUD), one household qualifies as Extremely Low Income (30% or less AMI),
one household qualifies as Very Low Income (31 % -50% AMI.) and one household qualifies as
Moderate income (120% of AMI). For purposes of this analysis, it is assumed that the other two
units to be replaced were occupied by extremely low-income households. The destroyed or
removed moderate-income unit will be replaced with either an extremely low, very-low, or low-
income unit.
The Project will construct a total of 50 new residential units, comprising a mix of studios, one, two,
and three-bedroom units. Rents will be restricted to households at 25% to 60% of the San Diego
County Area Median Income, which are in the extremely low to low-income categories. Twenty-
four of the units will be available at 25% AMI, and 24 units will be available at 50% and 60% AMI.
Two units will be income-unrestricted manager's units. Table 2 shows the total number of
replacement units by bedroom size and income category, demonstrating that all the removed
units will be adequately replaced.
Table 2. -Replacement Units
Bedroom Size Extremely Low Very Low Income Low Income
Income (50% AMI) (60% AMI)
(25-30% AMI)
Studio* 12 12
One Bedroom** 9 3 4
Two-Bedroom** 3 1 2
Three-Bedroom 1 1
Total Units 25 4 19
Total Bedrooms 30 5 23
*For count purposes, a studio unit is considered to have one bedroom.
**One one-bedroom and one two-bedroom income unrestricted manager's units are not included in this table
ONE-FOR-ONE REPLACEMENT
Section 104( d) of the Housing and Community Development Act of 197 4, as amended (HCD Act)
establishes requirements governing conversion, demolition, and one-for-one replacement of
lower-income housing under the CDBG program. Part 42 of Title 24 of the Code of Federal
Regulations describes section 104(d)'s requirements.
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May 5, 2020 Item #9 Page 52 of 54
three-bedroom unit in the 92008 Zip Code is $3,520/mo. These lower-income units are anticipated
to be constructed and available for rent as early as Spring 2020. Therefore, the off-site
replacement three-bedroom units identified in Table 3 will satisfy the HUD one-for-one
replacement requirements.
Table 3. -One-for-One Lower Income Replacement Units (24 CFR 42.375)
Location Number of Units Rent Level Available by
2 bedroom 3 bedroom
p
3606-3618 Hardinq St. 4 2 25-60% AMI Sprinq 2022
3088 State St.* 2 70% AMI Sprinq 2020
1000 block Carlsbad Village 2 60% AMI 2022
Dr.* '
*Only affordable three-bedroom units listed.
TIMELINE FOR REPLACEMENT HOUSING
To comply with Section 33413(a), the city must construct or develop or cause the construction or
development of the replacement units within four years of the destruction or removal of the
dwelling units housing persons and families of low or moderate income. To comply with 24 CFR
42.375(b)(4), must initially be made available for occupancy at any time during the period
beginning one year before the city makes public the information required under 24 CFR 42.375(d)
and ending three years after the commencement of demolition of the units to be replaced. The
Project's expected schedule is to begin construction in August 2020 and complete construction
18 months thereafter, and the off-site three-bedroom units will become available for occupancy
by Spring 2020.
The city herewith acknowledges that replacement housing units must be affordable in the same
income category than those being razed or otherwise removed from the City's housing inventory
and ensure this result is realized.
NON-APPLICABILITY OF ARTICLE 34 OF THE CALIFORNIA CONSTITUTION
Article 34 of the California Constitution provides that no low rent housing project may be
developed or constructed in any manner by any state public body until approved by a majority of
the qualified voters in the affected city, town or county. Under Section 37001, subdivision (a)(1 ),
of the CRL, Article 34 does not apply to the Project because the city, through its financial
assistance, will only be restricting 49 percent of units to low income occupants.
PLAN REVIEW PERIOD
In accordance with the CRL, this Replacement Housing Plan will be available for a 30-day
public review period. The document will be available on the City's website and in the Housing
Services Division Office at City Hall, 1200 Carlsbad Village Drive, Carlsbad, California from
March 20 to April 18, 2020.
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May 5, 2020 Item #9 Page 54 of 54