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HomeMy WebLinkAbout2003-04-15; Housing & Redevelopment Commission; 356 Exhibit 3; Carlsbad Public Housing Agency Annual Plan FY 200310. Priority Medium: Low-Income (51-80% MFI) Elderly Renter Households Objective: Assist 52 Households The 1990 Census shows that there are approximately 268 low-income elderly renter households in Carlsbad. Elderly households represent 15 percent of the total number of low-income renter households, relatively the same percentage as large related households but less than small related and "all other" households. In comparison to the other household types, with the exception of large related households, in the low- income category, elderly households are just as likely to face some type of housing problem and are experiencing relatively the same housing cost burden problems. While low-income elderly households are just as likely to also experience some type of housing problem and housing cost burden as very low- income elderly households also, very low-income elderly households experience a greater cost burden of paying more than 50 percent of their income towards housing rents than their low-income counterparts. In addition, low-income elderly households have more disposable income remaining after covering the cost housing than do households earning 50 percent or less of median income. It is estimated that 81 percent of these elderly households have housing problems. All 217 elderly low- income households experiencing a housing problem also pay more than 30 percent of their income towards housing rents. However, only 38 percent of these 217 households pay more than 50 percent. When examining the housing stock's ability to house such households, an analysis of the City's housing stock and market conditions shows that efficiency or one-bedroom units typically needed by these small elderly households are greatly lacking in relation to the'number of 1 and 2 person households needing this unit size (see Table 24). According to Table 28, of the 178 efficiency or one-bedroom units available for rent, only 64 units are affordable to persons with an income between 0 to 80 percent of the median. As discussed earlier in Section I.a.2, the City of Carlsbad has a Senior Housing ordinance that permits a density bonus for senior citizens housing projects. This ordinance has proven to be successful in encouraging the private sector to develop housing for senior citizens. There have been 229 units built for senior citizens Carlsbad utilizing the residential density bonus allowed under the City's Senior Housing ordinance. 11. Priority Medium: Existing Low-Income (51-80% MFI) Home Owner Objective: Assist 11) EiousehoiGs The 1990 Census shows that there are approximately 1,165 low-income households in Carlsbad who own their home. Home owners represent 40 percent of the 2,944 total low-income households. A small percentage (7 percent) of total home owners have incomes between 51 and 80 percent of median. Low- income home owner are not as likely to face some type of housing problem or housing cost burden problem as home owner households in other income categories. Of the low-income home owners, 41 percent pay more than 30 percent of their income towards housing costs and 21 percent pay more than 50 percent. The relatively large percentage of low-income households who are home owners and the mismatch between housing costs and ability to pay but the relatively small percentage of owner households who are of very low-income leads to the assignment of a Medium priority for existing home owners in the 51 to 80 percent income category. City of Carlsbad - Consolidated Strategy & Plan Section IIi Five-Year Strategic Plan Page 14 I 12. Priority Medium: First Time Low-Income (51-80% MFI) Home Buyers - Objective: Assist 50 Households The 1990 Census shows that there are approximately 1,779 low-income households in Carlsbad who are currently renting a dwelling unit and could perhaps buy a home. Low-income renters represent 60 percent of the 2,944 total low-income households. Of the 1,879 low-income renter households, 1,366 households (77 percent) are experiencing. a cost burden of paying more than 30 percent of their income towards housing. Only 42 percent of the households paying more than 30 percent of their income for housing are actually paying more than 50 percent. While the majority of low-income households are experiencing a housing cost burden, there are a significant number of households who are not and may have the financial resources to make the required downpayment and closing costs associated with the purchase of a home. Low-income households are better able to support the monthly housing expenses of home ownership than very low-income households. Therefore, a Medium priority is assigned to first-time home buyers in the 51 to 80 percent income category. 13. Priority Medium: Lower-Income (0 to 80 MFI) Homeless Persons and Documented Migrant Farm workers and Day Laborers Objective: Assist 2,000 Persons Very low and low-income households have been combined for purposes of this discussion since it provides no benefit to distinguish income groups among the homeless. According to the 1990 census, Carlsbad has approximately 941 homeless persons. The 1999 Regional Homeless Profile by the San Diego Regional Task Force on the Homeless estimates that there are 725 homeless individuals in the City. Very few urban homeless have been sighted in Carlsbad. The Regional Task Force on the Homeless believes that the majority of Carlsbad's homeless population is rural and comprised of farm workers and other day laborers. The majority (95%) of these are males living alone. However, families are beginning to join them. They need safe and sanitary housing, which could be in a congregate living arrangement. The facility and'service needs of these hcmrless families and individuals are many and varied. Existing service ,agencies indicate that a growing need exists for limited-term shelter or transitional facilities for homeless individuals and families. As the homeless population is both a local as well as a regional issue and not confined to the boundaries of one city in particular, the provision of facilities and services to meet the needs of the homeless population should be meet by Carlsbad as well as the entire region. In addition, due to the regional nature of homelessness, facilities and services should be located in areas that provide the most benefit and greatest access for the homeless population, such as areas in proximity or with access to mass transportation, employment centers, or social service providers. The 1990 Census reports that homeless persons represent approximately 16 percent of the total lower- income households in Carlsbad. The strategies and programs to provide housing assistance to lower- income renters can also effectively meet the needs of lower-income homeless persons. In many instances, the homeless are dealing with many different needs, of which housing is only one. Before the housing needs of the homeless can be meet, it is more appropriate to deal with other more immediate needs such as food, clothing, and social services. Therefore, a Medium priority is assigned to lower- income homeless persons. City of Carlsbad - Consolidated Strategy & Plan Section II: Five-Year Strategic Plan Page 15 14. Priority Low: Lower-Income (0-80% MFI) Homeless Persons With Special Needs Objective: None (Individuals in this category will be assisted in programs and activities for non-special needs homeless persons.) Very low and low-income households have been combined for purposes of this discussion since it provides no benefit to distinguish income groups among the homeless. The "homeless persons with special need.? group includes a variety of individuals. It can include alcoholics, individuals with mental illness, run-away youths, families in distress, drug abusers, and others whose circumstances have left them homeless. As discussed earlier in Section I.b.2, it is estimated that 33 percent of single homeless adults suffer from severe and persistent mental illness. Evidence indicates that up to 50 percent of the homeless population may be active substance abusers. The special needs of homeless mentally ill, alcohol and drug abusers, victims of domestic violence and runaway/throwaway youths are group specific. Furthermore, as the homeless population is a regional issue and not confined to the boundaries of one city in particular, the provision of facilities and services to meet the needs of the homeless population must be meet by the entire region. Due to this regional nature of homelessness, facilities and services should be located in areas that provide the most benefit and greatest access for the homeless population. Lastly, Carlsbad's homeless population has been characterized as a rural with farm workers and other day laborers comprising the vast majority of this population. The presence of mental illnesses, alcohol and drug abusers, victims of domestic violence, AIDS or HN positive, or youths are typically associated with the urban homeless and not the rural homeless, such as in Carlsbad. Therefore, Low priority is assigned to lower-income homeless persons with special needs. 15. Priority Medium: Lower-Income (0-80% MFI) "At-Risk" Households Objective: Assist 100 Households The "at-risk" households are low-income families and individuals who, upon loss of employment, would lose their housing and end up in shelters or homeless (on the street). Low-income families, especially those that earn less than 30 percent or less of the median income for San Diego County are especially at risk of becoming homeless. These households generally are experiencing a cost burden of paying more rnan 50% of their income for housing. The at-risk population also includes individuals who are in imminent danger of residing in shelters or being unsheltered because they lack access to permanent housing and do not have adequate support networks, such as a parental family or relatives whose homes they could temporarily reside. These individuals, especially those being released from penal, mental or substance abuse facilities, require social services to assist them in making the transition back into society and remain off the streets. 16. Priority Low: Other Lower-Income (0-80Y0 "I) Households With Special Needs Objective: Assist 15 Households The "other households with special needs" category includes, but is not limited to non-homeless households with persons who are frail elderly, mentally ill, developmentally disabled, physically disabled, persons with an alcohoVdrug addiction, AIDS or HIV infection victims, and families eligible to City of Carlsbad - Consolidated Strategy & Plan Section II: Five-Year Strategic Plan Page 16 participate in an economic self-sufficiency program. The City recognizes that there are other special needs populations other than those specifically identified within this document, such as victims of terminal illnesses other than AIDS, who may be in need of housing assistance. The City will consider the housing assistance needs of any special needs population which demonstrates a need for housing assistance. It is estimated that there are very few lower-income households with special needs in Carlsbad relative to the total number of lower-income households in need of housing assistance. The strategies and programs to provide housing assistance to lower-income households in general can also effectively meet the needs of lower-income persons with special needs. Supportive service and supportive housing needs are' best meet by social service agencies and other private organizations. Therefore, a Low priority is assigned to lower-income persons with special needs. Table 24: Need for Rental Housing by Bedroom Size (Universe: Occupied rental housing units) Number of by Sue (Household (Unit Size) Rental Units Persons Bedrooms Number of Number of She) Studio to 1 634 5+ 4+ 1,441 4 3 43 19 3 2 ' 2,843 1 to 2 TOTAL 9.437 Number of Renter Households 6,211 1,528 908 790 9,437 YO of Total Units Households Surplus of Renter (Need) or Source: 1990 U.S. Census Table 25: Affordability of Occupied Rental Housing By Income Category Source: 1990 U.S. Census City of Carlsbad - Consolidated Strategy & Plan Section II: Five-Year Strategic Plan Page 17 Table 26: Affordability. of Occupied Dwelling Units By Unit Size and Tenure Housing Tenure Renter 3ccupied Number of Bedrooms (Unit Size) 0-1 2 3+ lubtotal - Rental 3ccupied Total Number of Units 2,843 4,5 19 2,075 9,437 366 4,173 ~~ 11,019 .. . .L Units Affordable to 0- 30% of MFI No. I % 69 2 211 1 281 0 Units Affordable to 0-50% of MFI No. I % 1191 4 7 2 1231 3 Source: 1990 U.S. Census Units Affordable to 0-80% of MFI No. 1 %- 1,474 1,403 167 0 0 262! 6 City of Carlsbad - Consolidated Strategy & Plan Section II: Five-Year Strategic Plan Page 18 Table 27: Affordability of Vacant Dwelling Units By Unit Size 'and Tenure Housing Tenure Vacant for Rent Number of Bedrooms (Unit Size) 0-1 2 3+ subtotal.- For Rent Vacant Sale Total Number of Units 494 121 '. . ' 793 32 ..' Units Affordable to 0- 30% of MFI No. I % 7 4 O1 O Units Affordable Units Affordable to 31-50% of to 5140% of MFI MFI Source: 1990 US. Census City of Carlsbad - Consolidated Strategy & Plan Section II: Five-Year Strategic Plan Page 19 C. Specific Objectives to Meet Identified Housing Needs The City of Carlsbad does not intend to be the primary provider of affordable housing, supportive housing, homeless shelters, or supportive services. It is expected that the provision of housing assistance and supportive services will occur as a public/private .partnership with private entities, non-profit organizations, or other public agencies assuming the role of primary provider of affordable housing or supportive services with some financial assistance from the City. However, the City will continue to implement housing assistance programs where the City has expertise or such programs have already been established, such as rental assistance. The City's available financing sources will be used to help private entities, non-profit organizations, or other. public agencies to expand affordable housing opportunities for low and very low-income households through 1) new housing production, 2) acquisition of property, 3) substantial and moderate rehabilitation, 4) rental assistance programs, 5) home buyer assistance programs, andor 6) support facilities and services. The City will also fund public or private service agencies which provide supportive services to low and moderate-income households. While an analysis of residents' needs for housing assistance and the City's affordable housing, supportive housing and supportive services inventory, as described earlier may allude to other strategies being pursued, it is the general policy of the City of Carlsbad to encourage the construction or creation of new affordable housing units. The construction or creation of new housing units is considered the primary strategy due to State regulations requiring the City to demonstrate progress towards meeting its lower- income households' need for new housing mits. Specific objectives are listed below for those categories identified as priority needs on Table 23. The numbers of households assisted is based on goals in the 1999 Regional Housing Needs Statement. A narrative discussion of how priorities were developed for the categories is provided in Section 11 B. 1. 2. 3. 4. 5. 6. 7. Priority High: Very Low-Income (0 to 50% MFI) Non-Elderly, Large Family Renter Households Objective: Assist 63 Households. Priority High : Very Low-Income (0 to 50% MFI) Non-Elderly, Small Family Renter Households Objective: Assist 63 Households Priority High: All Other Very Low-Income (0 to 50% MFI) Renter Households Objective: Assist 60 Households Priority High: Very Low-Income (0 to 50% MFI) Elderly Renter Households Objective: Assist 62 Households Priority Medium: Existing Very Low-Income (0 to 50% MFI) Home Owner Objective: Assist 10 Households Priority Medium: Low-Income (5 1-80% MFI) Non-Elderly, Large Related Renter Households Objective: Assist 143 Households Priority Medium: Low-Income (5 1-80% MFI) Non-Elderly, Small Family Renter Households Objective: Assist 52 Households City of Carlsbad - Consolidated Strategy & Plan Section II: Five-Year Strategic Plan Page 20 8. 9. 10. 11. 12. 13. 14. Pnority Medium: All Other Low-Income (5 1-80% MFI) Renter Households Objective: Assist 52 Households Priority Medium: Low-Income (5 1-80% MFI) Elderly Renter Households Objective: Assist 52 Households Priority Medium: Existing Low-Income (5 1-80% MFI) Home Owner Objective: Assist 10 Households Priority Medium: First Time Low-Income (5 1-80% MFI) Home Buyers Objective: Assist 50 Households Priority Medium: Lower-Income (0 to 80 MFI) Homeless Persons and Documented Migrant Farm workers and Day Laborers Objective: Assist 2,000 Persons Priority Medium: Lower-Income (0-80% MFIJ "At-Risk" Households Objective: Assist 100 Households Priority Low: Other Lower-Income (0-80% MFI) Households With Special Needs Objective: Assist 15 Households 1. New Housing Production a. Rental Units Real estate market conditions and the unavailability of conventional financing have given the private residential.development sector very little financial incentive to develop multi-family dwelling units, least of all affordable units. In addition, very low-income households and many low-income households cannot afford to pay the existing market rate rents and their income levels are inadequate in helping to cover the private sector costs for the development of housing. The private sector alone may not be able to meet the affordable housing needs of very low-income households and a collaborative effort is needed between the private and public sector and non-profit organizations. As demonstrated in Tables 27 and 28, past experience has shown that the private sector has been unable to provide units that are affordable to lower-income households, particularly to extremely low and very low-income households. Furthermore, Table 24 indicates that the problem facing lower-income renters is not only an issue of supply of affordable housing but also the supply of different size units to meet the various housing needs of the community. There is shortage of studios, one bedroom, and four or more bedroom units, which would adequately house elderly, small, "all other", and large related Carlsbad households. While funds for new construction are limited and private sector costs of multi-family housing may be beyond the income levels of lower-income households, construction of new units is considered the primary and most effective activity for the long term assistance of lower-income renters. The new units can specifically target occupancy by and make rents affordable to very low-income households, thereby increasing the supply of affordable housing for this "difficult to house" income group. The new construction of dwelling units will also increase the ability of elderly, small related, all other, and large related lower-income households to obtain affordable housing of an appropriate size. b. For Sale Units As shown in Table 27, of the 386 units for sale, only 12 of the dwelling units available for sale are offered at sales prices affordable to low-income households and no units are affordable to very low- income households. Average sales prices of homes in Carlsbad are beyond the affordability of even the moderate-income potential home buyer. City of Carlsbad - Consolidated Strategy & Plan Section 11: Five-Year Strategic Plan Page 21 This shortage in the supply of affordable dwelling units is identified as a problem for first-time very low and low-income home buyers. Therefore, new construction of affordable units is considered a primary activity to increase the supply of dwelling units that are available and affordable to low-income households. As discussed earlier in the analysis of the housing needs of very low-income first time home buyers, many of the potential very low-income home owners are paying more than half of their income for housing costs. Therefore, households in this income category are realistically unable to come up with the required downpayment and closing costs associated with the purchase of a home and many do not have sufficient incomes to purchase a home. Therefore, new construction of for sale homes targeting very low income households is a low priority. c. Homeless Persons, Including Documented Migrant Farm workers If acquisition of existing units for the purpose of providing shelter for the homeless is not feasible, the City will consider offering assistance to non-profit organizations, other private entities or other public agencies interested in constructing new units to create additional affordable housing opportunities for the homeless and the homeless with special needs. and Day Laborers, and the Homeless With Special Needs 2. Acquisition of Housing Units a. Rental Units Table 24 demonstrates that there is no shortage of two or three bedroom units, which would be an appropriate size unit for small related households. While there is no shortage of appropriate dwelling units for this type of household, there is a shortage of affordable dwelling units for very low and lower income renter households (see Tables 27 and 28). With an adequate supply of dwelling units, it is less expensive to provide affordable housing to this group of-households through the purchase of existing units and, if required for preservation, moderate rehabilitation of such units. Therefore, acquisition may be considered an effective and appropriate primary activity to provide affordable housing for small related households. However, acquisition is identified as a secondary activity to be pursued over the next five years. Acquisition of existing units is identified as a secondary activity because the Regional Housing Needs Statement indicates that the City of Carlsbad has a significant need for construction or creation of new housing units which are affordable to very low-income households. Consequently, the primary strategy the City will pursue is encouragmg non-profit organizations, other private entities, and other public agencies to construct or create new affordable housing units. b. - 2; %.!e Y’JrSts ’%? - _. Very low- income and low-income households have very little income to support a debt. Therefore, there is a need for housing that can be purchased at the lowest price available. Acquisition and rehabilitation (if necessary) of existing condominiums, townhomes or single family homes for the purposes of “resale” to very low and low-income households provides a greater opportunity for a lower purchase price than the average purchase price of a new or existing homes in such coastal communities as Carlsbad. C . Homeless Persons, Including Documented Migrant Farm workers and Day Laborers, and the Homeless With Special Needs Once the immediate needs of food, temporary shelter, health care, and other social services has been met, the second priority is encouraging the movement of the homeless into permanent housing; the most effective method for providing permanent housing appears to be through acquisition and rehabilitation of existing housing units. Acquiring and rehabilitating existing dwelling units and buildings suitable for transitional or permanent housing are effective means of preserving and providing shelter for this group. City of Carlsbad - Consolidated Strategy & Plan Section II: Five-Year Strategic Plan Page 22 For the homeless with special.needs, .permanent housing and independent living may not be the best strategy for this group because of their special needs. The priority is to encourage the movement of the homeless into transitional group housing. The most effective method for providing housing appears to be through acquisition and rehabilitation of existing housing units to provide group home living or transitional shelter with access to the appropriate support services needed to assist these households with their special needs. Acquiring and rehabilitating existing dwelling units and buildings suitable for group home living or transitional shelter are effective means for preserving and providing shelter for this group. This strategy could provide shelter as well as access to the needed supportive services to help build and maintain a sense of independence. 3. Moderate or Substantial Rehabilitation of Housing Units a. Rental Units To preserve the integrity of rental units in the community and to provide a safe and sanitary living environment for lower-income tenants, moderate or substantial rehabilitation may be needed. The rehabilitation of existing units prevents the elimination of rental stock and prevents the need to relocate existing tenants to other rental units. Preserving the integrity of existing housing suitable for renting and the special needs required for housing physically disabled. individuals identifies moderate rehabilitation as a secondary strategy. In addition to those of all ages with physical disabilities, persons over the age of 65 years are more likely to suffer from a physical disability. The housing needs of elderly households and others with physical disabilities include not only affordability but also special construction features to provide for access and use according to the particular disability of the occupant. b. Existing Owner Occupied Units To help prevent the potential deterioration of the dwelling unit and living conditions for the occupants and the degradation of neighborhoods, another primary focus for assistance to home owners should be rehabilitation of substandard andor near substandard housing units. For low-income home owners, particularly very low-income home owners, it is assumed that they may have very little disposable income and may not have the resources to maintain their home structurally. The objective of the City will be to assist home owners to maintain their existing homes. A majority of very low (60 percent) and low-income home owners (56 percent) are elderly households. Persons over the age of 65 years are more likely to suffer from a physical disability. The special needs required for housing physically disabled individuals identifies moderate rehabilitation as another appropriate activity to pursue. The housing needs of elderly households include not only affordability but also special construction features to provide for access and use according to the particular disability of the occupant. 4. Provide Rental Assistance An even quicker and less expensive alternative in the short term for all very low and low-income renter households is rental assistance. The severe economic strain that.renta1 costs places on very low-income households, in particular, and the risk of homelessness identifies rental assistance as another primary activity to be pursued over the next five years. Rental assistance can 'also help homeless persons who are capable of independent living make the transition to permanent housing. Where single room occupancy housing or managed living units are developed, rental assistance may be a viable strategy. City of Carlsbad - Consolidated Strategy & Plan Section n: Five-Year Strategic Plan Page 23 Rental assistance can meet the housing needs of 83 percent of very low income renter households and 77 percent of low income renter households, who are paying more than 30 percent of their income towards housing costs, more cost effectively in the short term and much more quickly than any other activity. However, rental assistance is considered a short term solution because while it can be more cost effective than actually acquiring or constructing an affordable unit, rental assistance would have to be continually given and yet the supply of affordable housing is not increased. Rental assistance is considered the primary activity when the costs of new construction are too high and resources are limited. Rental assistance through the Section 8 program is available to help alleviate some of these housing problems being faced by very low-income households or the homeless. Those very low-income renter households who have vacated or must vacate their housing unit due to substandard housing, are living in overcrowded conditions, or are paying more than 50 percent of their gross income toward housing costs qualify for a federal preference under the Section 8 rental assistance program. Homeless persons or households also qualify for a federal preference under the Section 8 rental assistance program. Very low-income renter households receive a local priority for the Section 8 rental assistance program. Homeless persons are given top priority in the Section 8 rental assistance program along with Carlsbad residents. The Homeless are also given a local priority if they can demonstrate that they are ready for permanent housing and have a source of income and have contracted with Social Service Agencies for ongoing supportive services. 5. Provide Home Buyer Assistance For very low and low-income households who would like to own their home, the primary need is financing. It is often difficult for these lower-income households with no previous home ownership history to obtain financing to purchase a home. The City's primary form of assistance for lower-income households will be a "first-time home buyer assistance program." As part of their Community Reinvestment Act requirements, the City will work with local financial institutions to develop a financing program for first-time lower-income home buyers. As discussed earlier in the analysis of the housing needs of very low-income first time home buyers, many of the potential very low-income home owners are paying more than half of their income for housing costs. Therefore, households in this income category are realistically unable to come up with the required downpayment and closing costs associated with the purchase of a home and many do not have sufficient incomes to purchase a home. Therefore, first time home buyer assistance programs targeting very low income households is a low priority. 6. Provide Support Facilities and Services a. Existing Home Owners The large percentage (64 percent) of very low-income home owners who are paying more than 30 percent and in 90 percent of the circumstances more than 50 percent of their income towards housing costs identifies a need to maintain their home (in financial terms). For low income home owners, 41 percent are paying more than 30 percent of their income for housing, of which 21 percent are actually paying more than 50 percent of their income. With a significant part of their income being used for housing expenses, their is great risk of losing the home once there is even the slightest change in their economic situation. Therefore, it appears that the City's primary focus for assistance to this group should be financial counseling and/or management services (development of support services). The objective of the City will be to assist home owners to maintain their existing homes. City of Carlsbad - Consolidated Strategy & Plan Section II: Five-Year Strategic Plan Page 24 b. Homeless Persons and Documented Migrant Farm workers and Day To appropriately assist homeless families and individuals (including migrant farm workers) and homeless with special needs, the City must first address the most immediate needs for temporary shelter, food, clothing, social services, etc. These facilities and services should be provided in areas that provide the most benefit and greatest access for the homeless population. In ,the case of homeless with special needs, individuals also require intensive guidance with monitoring and access to supportive services. Laborers Supportive services is as important to the well being of the homeless as shelter. Therefore, the first priority of the City is to support non-profit organizations, other private entities or other public agencies in their development and/or provision of adequate support facilities and services in appropriate locations. C. Lower-Income "At-Risk" Households Due to the fact that this group of households has very special immediate needs which can be best addressed through social service agencies, it appears that the most effective method for providing assistance to this group is through the funding of support of facilities and services. Such support facilities and services offer assistance through a coordination of available services and financial resources, needed daily living provisions (i.e. food and clothing), and counseling in such matters as financial management and family support. After the basic needs have been met, the City may then provide rental assistance as a ''crisis management'' tool. d. Other Lower-Income Households With Special Needs The first priority for this group is to provide for their immediate basic needs. The lack of access to basic needs often leads this group of households to be homeless, near homeless, or living in unstable andor substandard housing situations. Special need individuals require intensive guidance, in most cases, with monitoring and access to support services to maintain a sense of independence. CDBG funding of non- profit,or private organizations who provide services to this population will be the primary activity of the City of Carlsbad. D. Programs, Services and Special Initiative Strategies This part describes in better detail the specific programs and services to be provided, and the special initiatives to be undertaken, to implement the City of Carlsbad's five year strategy to provide affordable . housing for very, low and low-income households and supportive housing for homeless persons and other persons with special needs. Due to the anticipated lack of adequate program funding, the City of Carlsbad will, most likely, be able to meedaddress all of the needs of the groupshouseholds identified within this five year strategy section. However, every effort will be made to provide housing assistance to as many low-income persons (including those with special needs and the homeless) as possible during the next five year period. Highlighted below are the specific programs and activities which will be used by the City to address the specific affordable housing needs of low and very low-income households (including those with special needs and the homeless) in Carlsbad: Program #1 and #2: TO INCREASE THE SUPPLY OF STANDARD, AFFORDABLE HOUSING THROUGH THE CONSTRUCTION OF NEW UNITS AND ACQUISITION AND/OR REHABILITATION OF EXISTING HOUSING UNITS. City of Carlsbad - Consolidated Strategy & Plan Section 11: Five-Year Strategic Plan Page 25 Strategy Summary: Acauisition and Rehabilitation: The CityRedevelopment Agency will assist other private entities and non-profit organizations acquire deteriorating and substandard rental housing from private owners, utilizing various local, state and federal funding sources for rehabilitation. New Housing DeveloDment: New housing development will be primarily achieved through private/public sector partnership .efforts. The City will assist in the effort by 1) modifjmg codes and standards which will reduce the cost of housing but retain quality design and architecture; 2) ensuring that there is sufficient developable acreage in all residential densities to provide varied housing types for all economic ranges; 3) encouraging adaptive reuse of older commercial or industrial buildings for combined living/working spaces; 4) encouraging increased integration of housing with non-residential development. The City's Inclusionary Housing requirement for Master Plan communities and qualified subdivisions places responsibility upon private developers to be part of the "affordable housing crisis'' solution by building low-income affordable units within all new housing developments. LarPe Familv Unit Develoument: In those developments where the City requires the developer to include 10 or more units of affordable housing for low-income households, at least 10 percent of the total units will be required to have 3 or more bedrooms. Senior Housing DeveloDment: The City will encourage private residential developers to develop more low-income senior housing projects in Carlsbad in an effort to provide additional units of housing for this group. Inclusionarv Housing Reauirement for Affordable HousinK The City requires a minimum of 15 percent of all units approved for any master plan community, residential specific plan or subdivision be affordable to low-income households. Under certain circumstances, such as smaller projects of six or less units, where the 15 percent requirement would be less than one unit, the developer may make an in- lieu contribution consisting of funds, land or some other asset to the City for use in providing shelter to low-income households. In addition, any residential project whose applicativn for a discretionary permit was deemed complete or received approval of a discretionary permit prior to May 21, 1993, the effective date of the Inclusionary Housing ordinance, does not have to make 15 percent of the units affordable to lower-income households but must pay an impact fee. It is anticipated that approximately 1050 units of low-income affordable units will be created through this inclusionary housing requirement. Lower Income Housing: DeveloDment Incentives: The City has adopted a "density bonus ordinance" which will permit a minimum density bonus of 25 percent and one or more additional economic incentives or concessions in return for a developer guaranteeing that a minimum of 50 percent of the units for seniors or other special need households or 20 percent of the units for low-income households or 10 percent of the units for very low-income households. These units must remain affordable for a period of not less than 30 years. Alternative Housing: The City will also consider development standards for alternative housing types, such as second dwelling units in a single family zone, single room occupancy hotels, managed living units, homeless shelters and farm worker housing. The City will authorize alternative housing projects through a Conditional Use Permit or Special Use Permit. Institutional Structure: In addition, the City will review its development fees, schedules for fee payment and development permit process. On a project by project basis, the City will consider subsidizing the Public Facility Fees, and possible other related development fees, as well as implementing a priority processing on all applications for low-income housing projects. City of Carlsbad - Consolidated Strategy & Plan Section 11: Five-Year Strategic Plan Page 26 In-Kind Imwovements: On a project by project basis, the City will consider contributing in-kind infrastructure improvements (i.e., street, sewer, etc.) to low-income housing projects when necessary and/or appropriate to ensure development. Monitoring Special Housing; Needs Priorities: The City will annually set priorities for its future low- income and special needs housing. Priority will be given to the housing needs for lower-income households (including handicapped, seniors, large family and very low-income) in the guidance provided to the private sector for new housing construction and for the use of city finds. Smaller Housinp Develo~ment: The Planning Department will study the relationship between the size of houses, lot sizes, density and construction and development costs. The study will present findings together with recommendations on: 1) minimum sizes for permitted substandard lots; 2) the appropriate floor areas for associated houses; and, 3) the applicability of providing density bonuses as to achieve reduced development costs. Land Banking: The City will implement a land banking program under which it will acquire.land suitable for development of housing affordable to lower-income households. This land will be used to reduce the costs of producing housing affordable to low-income households to be developed by the City or other parties. Housing Trust Fund: The City has established a Housing Trust Fund to facilitate the construction and rehabilitation of affordable housing for low-income households. Enerav Conservation: The City promotes energy and resource Conservation in all new housing development. Open and Fair Housinv ODuortunities: The City disseminates and provides information on fair housing laws and practices to the entire community, especially to tenants, property owners and other persons involved in the sale and/or rental of housing in Carlsbad. The City will continue its program of referring fair housing complaints to the appropriate agencies for further action. Also, the City will assure that information on the availability of assisted, or below-market housing is provided to all low-income and special needs households. PROGRAM #3: TO PROVIDE RENTAL ASSISTANCE TO ALLEVIATE THE RENTAL COST BURDEN, INCLUDING SEVERE COST BURDEN, EXPERIENCED BY LOW-INCOME FAMILIES AND INDIVIDUALS & TO PROMOTE HOME OWNERSHIP OPPORTUNITIES. Strategy Summary: Section 8 Rental Assistance: The City will continue administration of its federal Section 8 Rental Assistance Program. The City will attempt to add new participants to the program over the next five years by applying for additional certificates/vouchers fiom the U.S. Department of Housing and Urban Development. First time Home buver Programs: The City encourages the development of new affordable housing units for first time home buyers through a mortgage credit certificate program. This program primarily focuses on moderate-income households. However, when feasible, low-income households will also be assisted through this program. City of Carlsbad - Consolidated Strategy & Plan Section II: Five-Year Strategic Plan Page 27 Local Lending. Programs: The City will work with local lenders and the local development community to secure funding and develop additional lending programs through local private and State and Federal Housing Programs for first-time home buyers. PROGRAM ##4: TO PROVIDE SUPPORT FACILITIES AND SERVICES TO: 1) ASSIST RESIDENTS INCLUDING THOSE PERSONS WITH SPECIAL NEEDS TO OBTAIN/MATNTAIN AFFORDABLE HOUSING IN CARLSBAD; AND/OR 2) PROVIDE TEMPORARY SHELTER FOR THE HOMELESS, NEAR HOMELESS, AND MIGRANT WORKERS. Strategy Summary: Farm Worker Shelter and Permanent Housing: The City will work with and assist local community groups, social welfare agencies, farmland owners and other interested parties to provide shelter for the identified permanent and migrant farm workers of Carlsbad. Transitional Shelters and Assistance for the Homeless: The City will continue to facilitate the acquisition, for lease or sale, of suitable sites for transitional shelters for the homeless population. The City will also continue to assist local non-profit and charitable organizations in securing state funding for the acquisition, construction and management of these shelters. The City will continue to provide Community Development Block Grant funds to non-profit social service agencies that provide services to the homeless and near homeless in Carlsbad. Other Housing Related Public Services: The City will provide funding, through its Community Development Block Grant Program, to public/social service agencies which provide housing-related assistance (i.e., shelter, food, clothes, transportation, etc.) to the homeless, near homeless, seniors, handicapped and/or other special need households. The City of Carlsbad will use available State, Federal and Local resources to fund the programs, services and special initiatives strategies outlined above. A list of possible funding sources is included in Section 1.c of this Consolidated Plan. E. Proposed Accomplishments for Specific Objectives As indicated by Table 28-Estimates of Households to be Assisted, it is projected that during the Consolidated Plan period beginning July 1, 2000 through June 30, 2005, approximately 3,112 non- homeless households will receive housing assistance and 5,497 homeless pvsom will be provided shelter. Of those non-homeless assisted, 2,967 are renters and 145 are owners. Estimates on the number of those to be assisted were developed by extrapolating City staff estimates and data on those assisted during the 1998-99 and 1999-2000 fiscal year. The estimated number of those to be assisted also reflects priority needs and best estimates of future funding resources. These five-year figures were developed to assist in depicting the potential long-term course of housing activity for planning purposes only. City of Carlsbad - Consolidated Strategy & Plan Section II: Five-Year Strategic Plan Page 28 p- qe CI 0 m m In m 2 m- * F. Non-Housing Community Development Plan 1. Community Development Needs Assessment The City of Carlsbad incorporated as a general law city in 1952 but did not show signs of growth in area or population until the 1960s. Most of the City developed since the 1970s. As of 1999, a little over three-fifths of the City had been developed. The City is in a stage of high growth with numerous housing developments in various phases of planning and construction. It is expected that the City will reach build out within the next twenty years. Since 1986 Carlsbad has been a "growth management'' city in which the major public facilities are being carefully planned, financed, and their capacities sized to serve a targeted ultimate population and number of residential units. "The Growth Management Plqn established cimde, quadrant, and Local Facilities Management Zones performance standards for eleven public facilities. The eleven public facilities addressed are city administration, library, wastewater treatment, parks, drainage, circulation, fire, open space, schools, sewer collection and water distribution. The program requires that the appropriate public facilities must be available in conformance with the adopted performance standards in an area when new development occurs. Unless each of these eleven public facility standards have been complied with, no new development can occur."' While much of Carlsbad is newer, having been developed since the 1970s, there are some older . neighborhoods, some of which are today designated as an official redevelopment district. The Village, located in the "downtown" section of Carlsbad, has been established as a redevelopment project area. A Redevelopment Master Plan with Implementing Strategies along with the present Village Design Guidelines Manual guide all development in the Village. These documents provide an overall development strategy to create a strong identity for the Village, revitalize the area, enhance the economic potential of the Village, and establish specific site development standards, which create and maintain the Village pedestrian scale environment. The Village Redevelopment Project Area Implementation Plan summarizes the Redevelopment Agency's goals and objectives. Additionally, it specifies anticipated programs to achieve these gods and expenditures of tax increment fund and LowModerate income Housing Set-Aside Funds. Incorporated as a small portion of the redevelopment project area, the Bamo is the oldest community in the City and comprises the highest concentration of lower-income and minority residents in the City. The Bamo has served as the hub of Carlsbad's Hispanic community for many years. The City developed a draft Ban-io Community Design and Land Use Plan for this area. The document was to serve as a comprehensive plan for the area to address neighborhood concerns of revitalizing the Barrio, creating a cultural focus, and enhancing economic development for this segment of the community. The land use plan was not adopted by the City Council as a result of a lack of consensus between residents within the Bamo as to the need and their desire for approval of the plan. In 1996, the City Council of Carlsbad adopted an Economic Development Strategic Plan. The comprehensive plan will give the City a tool to develop policies for organizing and promoting economic development and business growth in Carlsbad. To'coordinate the Plan, the City also has an economic development manager. I City of Carlsbad General Plan: Land Use Element. September 6, 1994. City of Carlsbad - Consolidated Stratepy & Plan Section II: Five-Year Strategic Plan Page 30 The Economic Development Strategic Plan incorporates goals which support the development of a strong, diverse local economy through: 1) Public policy development; 2) Economic resources.planning; 3) Marketing; 4) Education; and, 5) Land use strategies. The City's efforts will also be coordinated with the local Chamber of Commerce, COWS, the Carlsbad Economic Enhancement Council, the State Department of Trade and Commerce, San Diego Economic Development Corporation, comer/industrial real estate broker, developers, utilities, and other economic development agencies. In addition, economic development strategies are included in this Consolidated Plan which may utilize Community Development Block Grant funds in order to help ensure that lower-income residents also benefit from economic development efforts. Possible programs may include job training, job placement, direct assistance to businesses creating jobs for lower income residents and loadgrant programs to lower-income residents for starting small businesses after completion of business education classes. City of Carlsbad - Consolidated Strategy & Plan Section II. Five Year Strategic Plan Page 3 1 CITY OF CXRLSBAD CONSOLIDXTED STRATEGY & PLAY HOT TO SCALE ~~ Map of the Village Redevelopment Area Section 11: Five-Year Strategic Plan Page 32 CITY OF CARLSBAD CONSOLIDATED STRATEGY & PLAN Map of the Barrio Study Area Section II. Five Year Strategic Plan Page 33 2. Specific Objectives to Meet Identified Community Development Needs a. Public Facilities and Services The goal of the City's General Plan is to provide for the development of Carlsbad as a carefully planned, balance community that will provide its citizens with a full range of physical facilities and human services ensuring a life of quality for all its residents. Specifically, the General Plan calls for the provision of comprehensive public services, public facilities, and public building programs for the citizens of Carlsbad concurrent with need in connection with the development of the City. The Capital Improvement Program (CIP) is developed annually to implement and maintain this goal. The CIP typically includes projects/programs related to parks, water systems, sewer systems, street systems, traffic signals, civic projects, drainage facilities, and bridge projects. The provision of such quality capital facilities depends upon the availability of funding weighed against the demand for facilities and growth. Revenues for Capital Projects from 2000 until build out of the City may be broken down into three major categories as follows: 1) fees generated by development in Carlsbad; 2) the Community Facilities District; and, 3) other sources including grants, bond issues, and letters of credit. The majority of all CIP revenues which are projected to support the CIP projects are received as a result of development and are dependent upon assumptions made about the City's growth in dwelling units and comrnercialhndustrial square feet each year. These revenues include the Public Facilities Fee (PFF), Traffic Impact Fee (TIF), Park-In-Lieu (PIL), Major Facility Fee and Sewer Construction revenues. As development subsides, so too do the revenues that are generated fiom development and the construction or improvements to capital facilities are then impacted. Due to fiscal constraints, capital projects will be phased over a period of years to more closely match the incremental growth demands and timed with the availability of funding. In cases where the public facility or service fails to the meet the required growth management standards, developers may be required to finance design and construction costs associated to ensure the provision of the facilities concurrent with need. The City will continue to develop and implement an annual CIP which is consistent with the City's Growth Management Plan and General Plan. The public facility needs and strategies to meet these needs outlined within the City's Growth Management Plan, General Plan, and annual CIP are hereby incorporated as reference into this Consolidated Plan. b. Redevelopment Activities The redevelopment process has been successful in Carlsbad in creating a partnership with the community to directly return taxes paid in the community, back to the community. To rehabilitate and revitalize the redevelopment project area, the City Redevelopment Agency encourages the cooperation and participation of residents, business persons, public agencies and community organizations. The following goals have been established to obtain the "vision" set forth for the Village Redevelopment Area: 1) Establish Carlsbad Village as a quality shopping, working, and living environment; 2) Improve pedestrian and vehicular circulation in the Village area; 3) Stimulate property improvements and new development in the Village; 4) Improve the physical appearance of the Village area; and 5) Provide signage which is supportive of commercial vitality and a unique Village image. To date, the Redevelopment Agency has completed a variety of public improvement projects and encouraged private property improvements/enhancements which have contributed towards this vision of the Village Redevelopment Area. The past activities within the Village area have not only eliminated blight and blighting influences but have also resulted in a renewed interest and faith in the area. City of Carlsbad - Consolidated Strategy & Plan Section 11: Five-Year Strategic Plan Page 34 C. Edonomic Development Consistent with the goals proposed for the Economic Development Strategic Plan to support the development of a strong, diverse local economy, the City will target such industries and businesses as the following: 1) Biotech/Biomed/Biopharmaceuticals; 2) Corporate headquarters; 3) International trade; 4) Communications; 5) Financial institutions; 6) Light manufacturing and assembly; 7) Research and development; and 8) Start-up companies. These industries and businesses have been identified as long-term economic resources the City should attract, help expand, or retain in Carlsbad. Staff has also investigated possible alternatives for utilizing Community Development Block Grant funds to assist in economic development efforts. Economic Development Programs may be implemented with these funds to benefit lower income Carlsbad residents. Examples of the types of programs listed earlier in this section under the, heading of Strategies to Meet Economic Development Needs, range from job training, job placement, and direct assistance to businesses creating jobs for lower income residents. G. Geographic Distribution - All Priorities The City intends to develop lower-income affordable units throughout the entire city thereby reducing the impact of housing on any one area within Carlsbad. City staff will be responsible for initiating the development of this housing through agreements with local for-profit and non-profit housing developers andor through contractor agreements for city-financed housing construction and for managing/monitoring the affordability of these housing units in fbture years. City resources for the provision, construction, or improvements to public services or facilities to meet the community development needs will also be distributed throughout the City. The City will also consider the allocation of resources to public service organizations located outside of the City limits in those . instances where .such public services are limited within the San Diego North County Coastal area, but provide adequate access to Carlsbad residents. H. Relevant Public Policies, Court Orders, and EfUD Sanctions as Barriers to This part explains the extent to which the costs or incentives to develop, maintain or improve affordable housing in the City of Carlsbad are affected by local or state public policies, as embodied in statutes, ordinances, regulations or administrative procedures and processes. Affordable Housing Although development constraints apply to all housing production, they significantly impact housing that is affordable to low-income households. Governmental and non-governmental "constraints and mitigating opportunities" have been identified by .the City of Carlsbad as part of the State required Housing Element of the Carlsbad General Plan. These "constraints and mitigating opportunities" are discussed in more detail in "Section Three" of the Carlsbad Housing Element. This section is included in Appendix B to this Consolidated Plan. There are currently no court orders, consent decrees, or HUD imposed sanctions in place that affect the provision of assisted housing or fair housing remedies that the City of Carlsbad is aware of. City of Carlsbad - Consolidated Strategy & Plan Section II. Five Year Strategic Plan Page 35 I. ' Institutional Structure and Intergovernmental Cooperation This section will identify the institutional structure through which the City of Carlsbad will carry out its affordable and supportive housing strategy and provide an assessment of the capacity of the institutional structure to canying out the City's five-year strategy. 1. Description The institutional structure established to carry out this affordable housing strategy includes departments of the local unit of government (City of Carlsbad), for-profit developers (private industry) and non-profit organizations responsible for assisting various housing needs groups within the City of Carlsbad. . a. Public Institutions (1) City of Carlsbad The City of Carlsbad's Housing and Redevelopment, PlanningKommunity Development and Building Departments will be the lead departments in implementing the variety of programs andor activities outlined within our five year strategy. The Housing and Redevelopment Department consists of the Carlsbad Housing Authority and Redevelopment Agency. The City Manager serves as the Executive Director and the Housing and Redevelopment Director supervises the operations of both the Housing Authority and the Redevelopment Agency. .. The Carlsbad City Council serves as the Housing and Redevelopment Commission and takes action on matters related to the Housing Authority and Redevelopment Agency with recommendations from the Housing Commission. PrinciDal ResDonsibilities of the Housing and RedeveloDment DeDartment: 1) Administer Community Development Block Grant Program (CDBG) - Approximately $704,565 in CDBG funds were allocated to various community development activities in 1999-2000. A substantial amount of these funds for the next five years will be allocated to projects which address the affordable housing needs of low and moderate-income familieshouseholds in Carlsbad. 2) Administer Housing AuthorityFederal Section 8 Rental Assistance Program - The Housing 'Authority provides a total of 503 Section 8 Rental Assistance Certificates and Vouchers to eligible participants. 3) Administer Mortgage Credit Certificate and Mortgage Revenue Bond Program - The Department assists with a Mortgage Credit Certificate program and continues to monitor existing requirements for several housing developments in Carlsbad which participated in past mortgage revenue bond issues. 4) Implement Housing Element Programs - The Department will be primarily responsible for implementation of a majority of the programs and/or activities outlined within the City's Housing Element. The Department will work with local private for-profit and non-profit developers to create additional affordable housing opportunities in Carlsbad for low-income households. PrinciDal ResDonsibilities of the Plannindcommunitv DeveloDment Department: 1) Preparation of Ordinances and Policies for Implementation of Housing Element Programs - The Planning Department will be primarily responsible for developing applicable ordinances, policies, plans, studies, surveys, etc. required to implement the City's Housing Element. City of Carlsbad - Consolidated Strategy & Plan Section 11: Five-Year Strategic Plan Page 36 2) Assist in Development of Affordable Housing - The Department(s) will assist the Housing and Redevelopment Department in implementing the programs identified in this five year strategy for developing new affordable housing units. In addition, the Department(s) will review affordable housing projects and monitor progress in addressindmeeting the needs of low-income households in Carlsbad. Princiual Resuonsibilities of the Building Deuartment: 1) Monitor and report on existing housing units which are substandard within Carlsbad. The' Department will be responsible for identifying substandard units which are eligible ' for rehabilitation and reporting these units to the Housing and Redevelopment Department for funding assistance. (2) San Diego Association of Governments (SANDAG) SANDAG plays a significant role in assisting local governments to prepare housing development plans, especially the Housing Element required by California State Law, and the Consolidated Plan. SANDAG also functions as an important clearing house for housing development information and training center for legal requirements of housing development and related affordable housing programs. b. Private Industry Private, for-profit housing developers will assist in the effort to create additional affordable housing units in Carlsbad. Per the City of Carlsbad's adopted Inclusionary Housing Ordinance, a minimum of 15% of all housing units approved for any master plan community, residential specific plan or qualified subdivision must be affordable to low-income households. City staff will work closely with private industry to develop housing which is affordable to and meets the needs of low-income households in Carlsbad. C. Non-Profit Organization Non-profit organizations will play a vital role in the development of affordable housing in the City of Carlsbad. The City will work with non-profit organizations to advocate for and develop affordable housing. Every effort will be made by city staff to employ the assistance of non-profit organizations in the effort to implement the programs outlined within thls Consolidated Plan and Carlsbad's Housing Element. 2. Overcoming Gaps This section shall provide an assessment of the existing strengths and gaps in the delivery of programs and services, including efforts to make use of available housing, social service and mental and other health care resources and identifies proposed actions to strengthen, coordinate and integrate those institutions and delivery systems. a. Assessment and Strategy to Overcome Gaps The City of Carlsbad has made a strong commitment to increasing the supply of affordable housing for low-income households within the community. The City will make every effort to develop private/public partnerships which will result in the creation of new affordable housing units for lower- income households. City staff have met with local private housing developers and non-profit organization representatives to identify the "obstacles/constraints" to developing affordable housing in Carlsbad. As a result of these meetings, the City has amended its zoning ordinance to allow a modification of development standards for residential projects proposing affordable housing, adopted both the inclusionary housing and density bonus ordinance, amended the General Plan to allow proposed affordable housing projects to exceed the underlying General Plan density for the site and is further prepared to make recommendations for financial assistance to mitigate these identified "obstacles/ constraints" to creating affordable housing. City of Carlsbad - Consolidated Strategy & Plan Section II. Five Year Strategic Plan Page 37 Several housing projects have been constructed that provide a number of units to lower-income households at affordable rents .and prices, such as the 344 unit Villa Lorna Apartments project that are occupied by and affordable to lower-income households. The Housing and Redevelopment and Planning Staff continues to meet with a number of for-profit and non-profit developers who are proposing various affordable housing projects in Carlsbad. Due to financial constraints, the City of Carlsbad is limited in its ability to meet all of the housing needs of low-income households. However, a sincere effort will be made to combine city resources with private industry and non-profit agency resources to meet as much of the need as financially feasible within the time period identified within this Consolidated Plan. The City proposes to strengthen, coordinate and integrate the governmental institutions, non-profit and private delivery systems outlined above through on-going l'strategy and development" meetings between city staff, private developers, non-profit organizations and various financial institutions. Through regular meetings, the City will continue to identify the constraints to affordable housing and develophmplement programs to mitigate them. The key to successful development of affordable housing for low-income households in Carlsbad is communication, flexibility and adequate funding. The City will communicate openly with private developers and service providers as well as make every effort to maintain the flexibility in policies and/or ordinances necessary to create public/private housing development . partnerships. In relation to social service, mental and other health care resources available, there are many organizations within the County of San Diego that provide housing or supportive services to Carlsbad residents. These agencies tend to be smaller organizations with many using volunteers. The City will continue to encourage greater efforts to make use of available housing, social service and mental and other health care resources. To foster greater coordination and integration between the numerous housing and supportive service providers, the City will continue to provide a list of various agencies and organizations and the activities they perform to others. The City can also help to strengthen the housing and service delivery system by helping to educate such organizations and agencies regarding the resources that are available. J. Coordination Efforts The City of Carlsbad does not intend to be the primary provider of affordable housing, supportive housing, homeless shelters, or supportive services. The City of Carlsbad expects to carry out much of its strategy by encouraging public and private partnerships with private entities, non-profit organizations, or other public agencies assuming the role of primary provider of affordable housing or supportive services with some financial assistance from the City. However, the City will continue to implement housing assistance programs where the City has expertise or such programs have already been established, such as rental assistance. K. Leverage Plan for the Use of Funds and Matching Funds Requirement The City's policy is to leverage, to the maximum extent feasible, the use of funds available in the development of affordable housing and the maintenance and preservation of existing housing. The City supports the use of CDBG, HOME, and Redevelopment Set-Aside funds for predevelopment activities and "gap financing" by private and non-profit entities in their efforts to develop affordable housing. The City will consider the utilization of Redevelopment Housing Set Aside Funds to further affordable housing goals whenever a match, grant, or loan is necessary and appropriate to ensure the financial feasibility of a project: 'Criteria for the leveraging of funds will be the extent of the use of funds (ratio of federal funds to other funds). City of Carlsbad - Consolidated Strategy & Plan Section II: Five-Year Strategic Plan Page 38 Generally, the City does not require public social service organizations to provide matching funds in order, to receive funding. However, matching funds may be required of some subrecipients when a project/activity is approved for a substantial amount of CDBG funds. The matching requirements o{ the HOME Program are met through its membership in the San Diego County HOME Consortium. L. Support of Applications From Other Entities for Federal and State Program Funds The City of Carlsbad supports the efforts of other local public, non-profit and other private entities in submitting applications for federal, state, and other available funds that may be utilized in the development of housing and related supportive services, as well as other applications which relate to community and economic development to revitalize and redevelop blighted areas. City Housing and Redevelopment staff provides technical assistance,to agencies interested in applying for CDBG funds. City staff also meets with non-profit agencies and private entities to provide technical assistance and guidance when the agencies or entities are proposing or developing affordable housing projects in Carlsbad. M. Denial of Support For Application There are certain circumstances where the City of Carlsbad would not certify that applications of other entities are consistent with the City's Consolidated Plan. The City would deny a request for Consolidated Plan certification for the following reasons: 1. 2. Failure to indicate which Consolidated Plan Table 23, Priorities for Assistance, income groups, and program activities are to be utilized in the proposed program; and Failure to clearly describe how the proposed program is consistent with the Consolidated Plan Section 11, Five-Year Strategy, and Section 111, One-Year Implementation or Action Plan. City of Carlsbad - Consolidated Strategy & Plan Section II. Five Year Strategic Plan Page 39 Table 29: Support of Applications by Other Entities Report U.S. Department of Housing and Urban Development CPD Consolidated Plan Support Application Funding Source by Other Entities? A. FormulaEntitlement Programs ESG Y Public Housing Comprehensive Grant N B. Competitive Programs HOPE 1 HOPE 2 HOPE 3 ESG Supportive Housing HOPWA Safe Havens Rural Homeless Housing Sec. 202 Elderly Sec. 8 11 Handicapped Moderate Rehab SRO Rental Vouchers Rental Certificates Public Housing Development Public Housing MROP Public Housing CUP .. LIHTC N Y Y Y Y Y Y N Y Y N Y Y N N N Y City of Carlsbad - Consolidated Strategy & Plan Section II. Five Year Strategic Plan Page 40 N. Strategies for Lead Based Paint Hazard Reduction The following strategies will be undertaken in the next five years to evaluate and reduce lead based paint hazards: Strategy 1: Integrate lead hazard evaluation and reduction activities into all housing programs, particularly residential rehabilitation programs. Strategy 2: Support the development of comprehensive public health programs for the screening of children for lead poisoning and a follow-up on those identified as lead poisoned. .. Strategy 3 : Provide public information and education. Strategy 4: Seek public and private funding to finance lead hazard abatement and reduction activities. Strategy 1: Integrate lead hazard evaluation and reduction activities into all housing programs, particularly residential rehabilitation programs. Currently, many federal programs have requirements for evaluating and reducing lead hazards. For those state and local housing and community development programs, the City will pursue the' following activities to evaluate and reduce lead hazards: 1. Require inspection for and abatement of lead based paint hazards as a requirement of all residential rehabilitation programs when children under the age of seven reside in the dwelling unit and have been identified with elevated blood levels; 2. Include lead based paint hazard abatement as an eligible activity under the City's residential rehabilitation programs and add minimum lead based paint abatement requirements to housing quality standards which must be met; and 3. Provide all eligible applicants of housing programs, particularly residential rehabilitation programs, with information regarding lead based paint. Strategy 2: Support the development of comprehensive public health programs for the screening of children for lead poisoning and a follow-up on those identified as lead poisoned. In accordance with CDC guidelines, all children found to have elevated blood levels (above 20 micrograms per deciliter) should both be provided with public health management services and be tested every three months. The County of San Diego's Department of Health Services currently provides this service. The City should encourage and provide assistance to lower-income households for the abatement of lead based paint hazards once a child under the age of seven is identified as having elevated blood levels. Community Development Block Grant (CDBG) hds can be used to help the City or other organizations in developing a comprehensive approach to lead poisoning prevention. Strategy 3: Provide public information and education. Public information campaigns can alert households residing in pre-1978 housing, those most likely to have lead based paint hazards, of the dangers of lead poisoning, provide advice on the maintenance of the home, and suggest ways to reduce exposure to lead based paint hazards. Information should also be provided to landlords and owners of property with pre- 1978 residential structures. .. .. City of Carlsbad - Consolidated Strategy & Plan Section II. Five Year Strategic Plan Page 41 The following housing: A) B) C) Dl Strategy 4: activities. information should be provided to home owners, renters, and landlords of pre-1978 That the property may contain lead-based paint; The hazards of lead-based paint; The symptoms and treatment of lead-based paint poisoning; The precautions to be taken to avoid lead-based paint poisoning (including maintenance and removal techniques for eliminating such hazards); The advisability and availability of blood lead level screening for children under seven years of age; and In the event lead-based paint is found in the property, appropriate abatement procedures may be undertaken. Seek public and private funding to finance lead hazard 'abatement and reduction Significant lead hazard reduction and abatement can be costly and beyond the means of lower-income home owners and owners of lower-income rental properties. The City and other community organizations should be encouraged to pursue public and private funding to finance lead abatement and reduction activities. Lead reduction and abatement should be an eligible activity in the City's residential rehabilitation program. CDBG funds are available for lead abatement and reduction. 0. Anti-Poverty Strategy According to the 1990 U.S. Census, a very small percentage of Carlsbad families or elderly persons have incomes below the poverty line (see Table 30). Only 3.6 percent of the 16,905 families in Carlsbad have incomes below the poverty line. Approximately 3 percent of all elderly persons have incomes below the poverty line in Carlsbad. The percentage of non-elderly persons having incomes below the poverty line is higher than those elderly persons or families. Table 30: Poverty Status of Population by Age/Family Source: 1990 U.S. Census The City does not directly control any programs or policies for reducing the number of households with incomes below the poverty line. However, the City does encourage policies and programs that may indirectly affect the number of households with incomes below the poverty. As established within the Economic Development Strategic Plan, the City pursues policies and programs that encourage the development of the commercial and industrial land in the City and encourage the location of businesses to Carlsbad. By encouraging the growth of the business community in Carlsbad, employment opportunities become available. City of Carlsbad - Consolidated Stratepy & Plan Section II: Five-Year Strategic Plan Page 42 The City has provided in the past CDBG funds to organizations providing employment services and training to lower-income persons and to lower-income persons with special needs. The City will continue to consider funding organizations that provide employment training and services. Producing and maintaining housing affordable to lower-income households will not directly elevate household income above the poverty line but will help to ease the burden of expenses on limited resources. To further coordinate the provision of affordable housing and a policy to help encourage self sufficiency and-upward mobility, the City has established a Family Self-Sufficiency program under the Section 8 rental assistance program. The Family Self-Sufficiency program was established as part of the Cranston/Gonzales National Affordable Housing Act of 1990. The goal of the program is to enable very low-income households to achieve economic independence through public/private cooperative efforts involving housing, education, employment and the supportive services necessary for participating families to become upwardly mobile. P. Public Resident Initiatives No public resident initiatives are being proposed for this Consolidated Plan period. Q. Monitoring Standards and Procedures Housing programs supported with federal hnds and subject to the Consolidated Plan will be monitored on a regular basis to ensure compliance with all regulations governing administrative, financial and programmatic operations. The City of Carlsbad Housing and Redevelopment Department monitors all of the City's affordable housing and support services supported with federal funds awarded to the City or the public housing authority and will continue to do so. In addition, the City's Housing and Redevelopment Department also monitors affordable housing projects that utilize favorable financing provided through the City and the redevelopment agency, density bonuses, Coastal Housing provisions, or conditional use permits for senior housing. Affordable housing projects receiving direct funding from the state or federal government are often monitored solely by those entities. City of Carlsbad - Consolidated Strategy & Plan Section 11. Five Year Strategic Plan Page 43 This page is intentionally blank. SECTION III. ACTION PLAN A. Standard Form 424: Form Application City of Carlsbad - Consolidated Strategy & Plan Section 111: Action Plan Page 1 This page is intentionally blank. City of Carlsbad - Consolidated Strategy & Plan Section IJl: Action Plan Page 2 Application for Federal Assistance 2. Date Submitted Applicant Identifier 0511 2/00 B-99-MC-06-0563 . Type of Submission: State Application Identifier 3. Date Received by State Application: Non - Construction =reapplication: 4. Date Received by Federal Agency Federal Identifier i 15. Applicant Information Legal Name I CitV of Carlsbad Address 2965 Roosevelt Street Suite B Carlsbad, CA 92008-2037 San Diego 6. Employer Identification Number (EIN): 956004793 8. Type of Application: Type: New 10. Catalog of Federal Domestic Assistance Number: Catalog Number: 14-218 Assistance Title: Community Development Block Grant 12. Areas Affected by Project: City of Carlsbad I 13. Proposed Project: Organizational Unit Housing and Redevelopment Department Contact Frank Boensch (760) 434-2818 7: Type of Applicant: Municipal 9. Name of Federal Agency: U.S. Dept. of Housing & Urban Development 11. Descriptive Title of Applicant's Project: 2000-2001 CDBG Program: To provide funding for various public services, public facilities and improvements, etc. to benefit low and moderate-income per, rons. Start 32:s a. Applicznt End 3ats ~~ b. Project 07/01/00 48th District 48th District 06/30/01 15. Estimated Funding: a. Federal 16. Is Application Subject to Review by State Executive Order 12372 Process? $622,000 Review Status: Program not covered b. Applicant $0 I c. State $0 d. Local 17. Is the Applicant Delinquent on Any Federal Debt? $0 No e. Other $0 f. Program Income $0 g. Total $622,000 18. To the best of my knowledge and belief, all data in this application/preapplication are true and correct, the document has been duly authorize by the governing body of the applicant and the applicant will comply with the attached assurances if the assistance is awarded. a. Typed Name of Authorized Representative I b. Title I c. Telephone Number I Deborah K. Fountain Housing and Redev. Director (760) 434-2815 - - e. Date Signed 04/06/00 This page is intentionally blank. City of Carlsbad - Consolidated Strategy & Plan Section 111: Action Plan Page 4 B. Projected Financial Resources to be Available The financial resources for addressing housing and community development needs are fairly limited for the City of Carlsbad. To ultimately reach the vision and goals of the City, a variety of resources must be used to achieve each objective. Limited City resources must be leveraged with additional funds from private and public sources and programs. The City's policy is to leverage, to the maximum extent feasible, the use of funds available in the development of affordable housing and the maintenance and preservation of existing housing which serve identified needs categories. The City supports the use of CDBG, HOME, and Redevelopment Set- Aside funds for predevelopment activities and "gap financing" by private and non-profit entities in their efforts to develop affordable housing. The City will consider the utilization of Redevelopment Housing Set Aside Funds to further affordable housing goals whenever a match, grant, or loan is necessary and appropriate to ensure the financial feasibility of a project. Criteria for the leveraging of funds will be the ratio of federal funds to other funds. The City anticipates that the following resources will be available for 2000-2001 : Table 31: Projected Financial Resources for '2000-2001 Funding Source Description I Amount ($) Federal Formula/Entitlement Grant rn Section 8 Rental Assistance HOME Investment Partnership Program Carlsbad receives an annual grant from the federal government to be used for public facilities, services, or housing for low income (80% or below of median family income for the County). The Carlsbad Housing Authority is receiving federal (HUD) funding to provide rental assistance for very low income families (50% or below of median family income for the County). Carlsbad receives an annual grant from the federal government through its participation in a consortium of cities and County for the HOME Program. HOME funds are used to increase the housing opportunities for lower income households. :ederal Competitive-Implemented by State 622,000 3,124,716 226,855 Mortgage Credit Certificates 500,000 Financial assistance for the purchase of single family housing. An MCC oDerates as an IRS tax credit. Local Redevelopment Agency Low Income Housing Set-Aside 0 The Carlsbad Redevelopment Agency must appropriate supply of housing at a cost affordable to persons of low Funds .. 20% of its tax increment to improve or increase the andor moderate-income Dersons. City of Carlsbad - Consolidated Strateev & Plan Section 111. Action Plan Page 5 Funding Source Amount ($) Description Affordable Housing Trust Inclusionary Housing Impact fee are deposited into the Fund The Inclusionary Housing In-Lieu fee and the \ 777,141 Affordable Housing Trust Fund to increase the affordable housing opportunities for lower-income households. TOTAL $5,250,712 Federal Community Development Block Grant (CDBG) funds available for the 2000-200 1 program year are outlined in Table 32 Funding Sources. City of Carlsbad - Consolidated Strategy & Plan Section III: Action Plan Page 6 U.S. Department of Housing and Urban Development CPD Consolidated Plan Table 32: Funding Sources Entitlement Grant 0 Surplus Funds 78,849.78 Unpropmmed Prior Year's Income not previously reported 622,000.00 I Return of Grant Funds (Reallocated CDBGfirnds) 16,654.66 I I Total Estimated Program Income (from detail below) 01 I TOTAL FUNDING SOURCES $71 7.504.44 Submitted Proposed Projects Totals 0 Un-submitted Proposed Project Totals 717,504.44 Estimated Program Income Description Subrecipient Grantee 1 0 0 2 0 0 9 0 0 10 1 0 0 Total Estimated Program Income $0 $0 City of Carisbad - Consolidated Strategy & Plan Section m. Action Pian .. Page 7 1. Publicly Owned Land Or Property Located in Jurisdiction for Housing The City of Carlsbad owns Villa Loma Apartments, a 344 unit affordable housing project developed and operated since 1996 under a fifty-year lease to Bridge Housing Corporation. The Carlsbad Redevelopment Agency owns a 75 unit seniors apartment complex in which a majority of tenants participate in the City's Section 8 Rental Assistance Program. The Carlsbad Housing Authority does not own property available for affordable and supportive housing activities. Activities C. Activities to be Undertaken The programs/projects to be funded in 2000-2001 address the following local strategies to meet the housing and community development needs of the community: 1. AFFORDABLE HOUSING: a Provide direct benefit to lower income persons through the provision or retention of affordable housing units within Carlsbad; a Provide shelter or services to homeless or near homeless persons/families which result in an improved situation through employment, permanent housing, treatment of mental, or substance abuse problems, 'etc.; and, a Provide direct assistance to lower income households to prevent or eliminate residential Building or Municipal Code violations and/or improve the quality of housing units through residential (rental and/or owner occupied) rehabilitation programs. 2. GENERAL SOCIAL SERVICES: a Provide assistance to non-profit public sen;ice providers who meet the basic needs of lower income persons. Basic needs are defined as those which provide food, shelter, clothing and, in some cases, health care; a Provide assistance to non-profit public service providers who offer counseling and self- improvement prograndacthi ties for lower income persons; and e Provide assistance to non-profit public service providers who offer recreational and/or cultural programs/activities for lower income persons. 3. SPECIALIZED SOCIAL SERVICES: e Provide assistance to organizations which administer programs that directly benefit lower income children living in Carlsbad. The programs must provide one, or more of the following activities: day care, after-school care, cultural enrichment, recreation, health care/immunization or self-improvement. The City may also give priority to single-parent assistance programs such as counseling services; and 0 Provide assistance to organizations which administer programs that directly benefit low income adults living in Carlsbad. The programs must provide one or more of the City of Carlsbad - Consolidated Strategy & Plan Section III: Action Plan Page 8 following activities for adults: employment services, job training, and educational programs. Programs designed for elderly adults only must provide one or more of the following activities: meals, homemaking or personal assistance services, financial assistance services, counseling, transportation, or shared housing or other housing related services. City of Carlsbad - Consolidated Strategy & Plan Section III. Action Plan Page 9 1. Affordable Housing Activities Approximately 812 non-homeless households, families, and individuals are expected to receive housing services in 2000-2001 through the Section 8 Tenant-Based Rental Assistance Program, new construction, first time home buyer programs, and single family residential rehabilitation. Approximately 75 percent of this number is expected to be very low income households whose income is below 50 percent of the median family income for San Diego County. The following describes the specific plan for investment the City reasonably expects to be available this upcoming program year. a. Section 8 Tenant-Based Rental Assistance Program The 2000-2001 Section 8 Rental Assistance Program anticipates a total budget of $3,124,716 for rental assistance payments and administrative fees. This'budget will allow the city to continue to provide rental assistance to a total of 578 very low-income households during fiscal year 2000-2001. The City has approved housing assistance payment contracts with property owners to commit these funds. Initial budget proposals for the coming year indicate that funds may be available to assist additional households above the current 578 estimated households. b. New Construction of Rental Units The City provided assistance in the financing of a construction project known as the Laurel Tree ' Apartments by committing $700,000 in Redevelopment Low Income Housing Set Aside and Housing Trust Funds for the project. This funding will meet the matching funds requirement of the HOME program. Construction of the project began in the fall of 1998, and is expected to be completed in the summer of 2000. The Laurel Tree Apartment project will provide approximately 138 new housing units affordable to very low-income households. The units will vary in size fiom one bedroom units to four bedroom units, accommodating single persons, and small and large related households. It is envisioned that 14 one bedroom units will be provided, 64 two bedroom units, 46 three bedroom units, and 14 four bedrooms mi ts . The City Council has also provided construction financing for the Rancho Carrillo Apartments. The City has provided $1.16 million from the City's Affordable Housing Trust Fund to assist in the construction of 116 units affordable to very low and low tenants. The units will consist of 12 one-bedroom units, 48 ?:ir~-keclroon: units ard 5: tkicc-beirooin units. Construction began in January of 1999 and the first units were occupied in December of 1999. The project will be totally completed in the spring of 2000. In December of 1998, the City Council agreed to provide $920,000 in construction financing to the Poinsettia Station Apartments Project. This project will provide 92, 1,2 and 3 bedroom units, all of which will have rents not to exceed 60% of the area median income. In addition to construction financing, the City Council has agreeddo issue up to $6.5 million in tax exempt bonds to further assist in developing the project. Construction is underway and the project is to be completed in the summer of 2000. C. New Construction of Owner Occupied Units The City has provided $453,000 from the City's Affordable Housing Trust Fund to assist in the development of a for sale residential project known as Cherry Tree Walk. The 235 unit project, which was completed in the fall of 1999 provided 12 two bedroom and 30 three bedroom affordable units. City of Carlsbad - Consolidated Strategy & Plan Section III: Action Plan Page 10 The City council has also agreed to provide $75,000 from the City's Affordable Housing Trust Fund to assist in the development of five four-bedroom single family homes in Calavera Hills. The units will include 1,800 square feet of living are and a two car garage. Three of the units were purchased by low income households. It is estimated that construction of the two remaining units will be completed in April of 2000. d. Single Family Residential Rehabilitation A single family residential rehabilitation program ,is currently being administered by the County of San Diego on behalf of the City of Carlsbad. This residential rehabilitation program targets very low and low-income single family homeowners, including mobile homes. Deferred no interest loans will continue to be made to lower-income households and will be repaid upon change in title of the property. Grants will be provided to elderly or handicapped households for rehabilitation regarding health and safety issues and to lower-income households or the elderly for weatherization. There is an existing uncommitted balance of approximately $219,199 as of December 3 1, 1999 in previously allocated HOME Consortium funds for the rehabilitation of single family homes. These funds will be able to provide assistance to approximately nine (9) single family home owners and three (3) mobilehome owners. .With limited resources available for implementing this program, it is anticipated that five (5) additional lower-income households will be assisted with residential rehabilitation in fiscal year 2000-200 1. . The City also has approximately $225,811 in unallocated funds available from the County of San Diego HOME Consortium which may be utilized for the single family and multifamily residential rehabilitation program. Staff is evaluating if the funds should be allocated for other affordable housing purposes as there are few residential properties in Carlsbad which can meet the HOME prohibition on use of funds for rehabilitation projects on properties which would be valued over $197,000 after the rehabilitation work is completed. e. Homebuyer Programs As a participant in the San Diego County Regional Mortgage Credit Certificate (MCC) program, MCCs are available for first-time home buyers in the City of Carlsbad. The MCC program allows a first time home buyer to take a federal income tax credit of 20 percent of the annual interest paid on the home mortgage. This program wiil provide MCC's to primarily moderate-income households and in some cases lower-income households to help them qualify for a home purchase loan. The San Diego County Regional MCC Program has applied for additional funding for calendar year 1999. Allocations are expected to be determined in May of 1999 and it is anticipated that the City of Carlsbad will receive approximately $500,000 in MCC credit. The City of Carlsbad anticipates that ten (10) MCCs will be issued in 2000-2001 to persons purchasing a home in Carlsbad. Additionally, the City will be providing subsidy assistance to low income first time home buyers through the Carlsbad Homebuyer Assistance Program (CHAP). The City will provide a maximum of $20,000 in the form of a non interest bearing loan to bridge the gap between the loan amount a low income household can qualify for and the purchase price of a home. The term of this loan is 15 years. Payments will be deferred the first five years of the loan. CHAP funds are currently available. City of Carlsbad - Consolidated Strategy & Plan Section III. Action Plan Page 11 As of January 3 1, 2000, the City has $1,270,000 reserved in the Affordable Housing Trust fund for the CHAP. Approximately 60 low income households will be provided with home buyer assistance. It is anticipated that approximately fifty (30) households will be assisted through this program in the 2000- 200 1 program year. f. Housing Reserve Fund The City has allocated $226,855 in new funding available from the County of San Diego HOME Consortium for a Housing Reserve Fund, from which funds will be used to create new affordable housing opportunities for Carlsbad residents. Affordable housing developers have suggested that such a fund be created in which HOME and funds might be accumulated as one year of the City’s HOME funding allocation is not a sufficient amount to leverage the additional funds needed to develop a project in the City. 2. Community Development Activities In March of 2000, the Carlsbad City Council selected 23 community development proposals, amounting to $717,504.44, for funding under the federal Community Development Block Grant (CDBG) program. The City will be eligible to receive $622,000 in new CDBG funds for 2000-2001 to finance the projects which will assist low and moderate income persons. In addition, the City has $95,504.44 in CDBG program income and funds whch were allocated in the previous year to an activity which have been completed with a surplus of funds and will need to be reallocated to other eligible activities. The total funds available for allocation in 2000-2001 is $717,504.44. A list of the community development proposals selected for funding in 2000-2001 are listed on the following pages as Table 33-Listing of Proposed Projects. City of Carlsbad - Consolidated Strategy & Plan Section III: Action Plan Page 12 > I u) (I). E i tu P Q) n 0 0 0 9 Fr t9 Or 70 bW 00 ?? ?c! 22 .. .. rnrn _as ww XI 4 .c, S i! P 0 Q) > I L P (II Q) D vj 5 0000 te I > p" P 0 n L 0000 0 0 0696969 0 69 u, W fl) L". W 69 " C -0 C LL 3 .- -0 m C L Q3 0 0 0 b Ln a u .- lA -l 3 C m co 22 no .. .. mm c. n P a h Y 0 0 0 UJ 0 r- m d U- n rn m 00 8 ow3 (D t9 0) C C LL 3 a Or 00 :a sg 00 >z zo h v 0 0 0 In 0 r- Ln 0' .. .. Sd 88 22 on .. .. mm zz 00 tu P Q) L, n 0000 sfft-9 fft Or $g 68 ?? .. .. $2 zz 00 i * C a b t > +.- a, tj ? ‘0 C 8 a, v1 0 In W -0 0- P 8 ln W L" W c N 0 I- O N - > L m P a, n 0, C U C 3 LL .- .cI S Q) P 0 E or 70 r-a 00 ?? ?e 0 0 . zz 00 - v) a 3 0 ua 2 .. .w S Q) P 0 0) > E I L a Q) n 0 0 c) a 0 0 m* ru s? om .. .. 2s Ed zz 00 v h 0 0 0 0 b In Ir! .- zi 0 3 a U 0 0 0 N c, a, r: - € P 0 Q) - L (II P 0" cn Q) 3 cn 0 2 9% .. .. no mm zz 00 C m v) P In N N 0000 gt9t969 U In m C 6 .- 0 8 b t- L 111 P a" 0000 0 0 g"969 g- e3 e3 m tf) m 0 0 0 m u c) .... ij n 3 zz 00 P 03 0 cu 0 O a or rO ?? s$ 00 .. .. 88 zz 00 a9 IS 8Q h 0 0 u) E 0 ys In .- 5 0 3 a t 00 0 hl 0 4 6 5 m - .- al 3 u) c- al 0, L tj (0 co t 0 0 b m a 6 I- O m m Q 0 n al- ln c m 8 0 1. Housing Activities for the Homeless During 2000-2001, the City will attempt to address the needs of homeless individuals, families, or persons with special needs: severe mental illnesses, drug -or alcohol addiction, diagnosed with AIDS or HIV, fleeing domestic violence and non-homeless persons with special needs through the funding of various non-profit agencies under Carlsbad's Community Development Block Grant (CDBG) program. The following organizations have been selected for funding during fiscal year 2000-2001 and provide facilities and services for non-homeless persons with special needs, homeless persons, homeless persons with special needs, and other low and moderate-income households: Table 34: Listing of Proposed Housing and/or Housing Related Projects for 2000-2001 Funding Persons Organization Program Name Target Population Special Needs Amount ($) Assisted Case Manaeement/Services Community Resource Center Brother Benno Foundation Women's Resource Center Casa de Amparo North Coastal Service Center Catholic Charities Brother Benno Foundation Fraternity House City of Carlsbad Homeless Gen Population Homeless CSC Near Prevention Homeless Program Dav Shelter Brother Benno's Gen Population Gen Homeless Center Emergency Shelter Alternatives to Adult Women Victims of Dom Abuse wlchildren Violence Casa de Youths Abused & Amparo Shelter Abandoned Emergency Families w/ Homeless Shelter Prog. Children Transitional Housing La Posada de Adult Men Gen Homeless Guadalupe House of Adult Women Subst. Abuse Residential Care Facilitv Dorothy, B & R Fraternity Adult Men Persons with House AIDS Affordable Housing Section 108 Low-Income Loan for Villa Persons 6,000.00 6,500.00 7,500.00 6,500.00 5,000.00 68,500.00 5,000.00 5,500.00 185,278 .OO 200 3 50 50 4 10 350 6 6 344 TOTAL 295,778.00. 1,32(1 City of Carlsbad - Consolidated Strategy & Plan Section 111. Action Plan .Page 36 Approximately 1,320 individuals/families, all of whom are from low and moderate-income households, are anticipated to benefit from the activities, projects, and shelter services which were funded for the 2000-2001 fiscal year. Of the 1,320 individuals and families, approximately 812 are considered to be homeless. The City Council has adopted a resolution declaring the City of Carlsbad's intention to participate with other jurisdictions in the North San Diego County Coastal region to address the needs of homeless persons and families on a region wide basis. North County jurisdictions, with the assistance of local social service providers, continue to meet and work cooperatively to discuss the region wide approach and various strategies, such as the North County Regional Homeless Shelter, to address the shelter and supportive service needs of the homeless. A potential site has been identified for a regional facility in the City of Vista, and staff is participating in efforts to facilitate opening a shelter on the site. D. Geographic Distribution - All Priorities The City intends to develop lower-income affordable units throughout the entire city thereby reducing the impact of housing on any one area within Carlsbad. City staff will be responsible for initiating or facilitating the development of this housing through agreements with local for-profit and non-profit housing developers (including agreements to provide City assistance) and through managing/monitoring the affordability of these housing units in future years. City resources for the provision, construction, or improvements to public services or facilities to meet the community development needs will also be distributed throughout the City. The CiQ will also consider the allocation of resources to public service organizations located outside of the City limits in those instances where such public services are limited within the San Diego North County Coastal area, but provide adequate access to Carlsbad residents. E. Institutional Structure 1. Funding and Incentives for Affordable Housing The City of Carlsbad has been working with local non-profit organizations and other private entities to identify sources of funding which may be available for affordable and supportive housing. For identified federal, state and/or other private sources of funding which may not be available to the City, other eligible agencies will be encouraged to apply. The City provides a variety of "incentives" to encourage private, non-profit and/or for-profit housing developers to build housing units in Carlsbad which are affordable to low and moderate income persons. The City will continue to offer these "incentives" as well as with local private developers to identify and use all available financing resources for the purposes of creating new affordable housing units. To meet "matching funds" requirements of state and/or federal affordable and supportive housing financing programs, the City will consider the use of redevelopment funds, "in-lieu" fees, private contributions and/or general city funds. The various "matching fund" requirements will be identified and considered on a case-by-case basis prior to submitting, or assisting with the submission of an application, for any federal and/or state housing financing program. The City's "underwriting" of specific projects and proposals will be evaluated based on the need being served and the effectiveness or "leveraging" inthe use of City resources. City of Carlsbad - Consolidated Stratem & Plan Section In. Action Plan .. Page 37 2. Network Building Activities The City will continue to be engaged in network-building activities with governmental, for-profit and non-profit organizations. This will include participation in the San Diego County Non-Profit Housing and Community Development Federation. The City is a member of the Fair Housing Resource Board (FHRB), which has been expanded to include more local governmental involvement with regional affordable housing, fair housing issues and advocacy. HUD recognizes the FHRB as a forum to facilitate fair housing in the San Diego area. The City will continue to fund an agreement with Heartland Human Relations Association (HHRA) to provide fair housing services which includes counseling, tenant/landlord mediation, education seminars, and to mitigate and/or prevent housing discrimination practices. The City will also continue to participate in the North County Homeless Coalition. This group provides a forum for discussion of current housing issues and other social service activities. In a cooperative effort, the City of Carlsbad will continue to meet with other San Diego County jurisdictions to form a resource information group for such programs as the CDBG program, Residential Rehabilitation programs, and the Regional MCC (First Time Homebuyer) program. The City will also continue to encourage and- participate in efforts to work collectively and cooperatively with other San Diego County jurisdictions. F. Public Housing Improvements The City of Carlsbad Redevelopment Agency owns a 75 unit seniors apartment project, in which a majority of the tenants are participants in the City’s Section 8 Rental Assistance Program. Minor improvements may be made to the property in the course of maintaining the property. G. Public Housing Resident Initiatives No public housing resident initiatives are proposed for the 2000-2001 Program Year. H. Lead Base<! Paint Hazard Reduction The activities and programs to evaluate and reduce lead based paint hazards, and the integration of lead-based paint hazard reduction in housing policies and programs for the coming year are intended to remain as described in the Five-Year Strategy. These strategies include the following: Strategy 1: Integrate lead hazard evaluation and reduction activities into all housing programs, particularly residential rehabilitation programs. Currently, many federal programs have requirements for evaluating and reducing lead hazards. For those state and local housing and community development programs, the City will pursue the following activities to evaluate and reduce lead hazards: a. Require inspection for and abatement of lead based paint hazards as a requirement of all residential rehabilitation programs when children under the age of seven reside in the dwelling unit and have been City of Carlsbad - Consolidated Strategy & Plan Section III. Action Plan Page 38 identified with elevated blood levels; b. Include lead based paint hazard abatement as an eligible activity under the City's residential rehabilitation .programs and add minimum lead based paint abatement requirements to housing quality standards which must be met; and C. Provide all eligible applicants of housing programs, particularly residential rehabilitation programs, with information regarding lead based paint. Strategy 2: Support the development of comprehensive public health programs for the screening of children for lead poisoning and a follow-up on those identified as lead poisoned. In accordance with CDC guidelines, all children found to have elevated blood levels (above 20 micrograms per deciliter) should both be provided with public health management services and be tested every three months. The County of San Diego's Department of Health Services currently provides this service. The City should encourage the abatement of lead based paint hazards once a child under the age of seven is identified as having elevated blood levels. CDBG can be used to help the City or other organizations in developing a comprehensive approach to lead poisoning prevention. Strategy 3: Provide public information and education. Public information campaigns can alert households residing in pre-1978 housing of the dangers of lead poisoning, provide advice on the maintenance of the home, and suggest ways to reduce exposure to lead based paint hazards. Information should also be provided to landlords and owners of property with pre-1978 residential structures. The following information should be provided to homeowners, renters, and landlords of pre-1978 housing: A) . That the property may contain'lead-based paint; B) The hazards of lead-based paint; C) The symptoms and treatment of lead-based paint poisoning; D) The precautions to be taken to avoid lead-based paint poisoning (including maintenance E) The advisability and availability of blood lead level screening for children under seven F) In the event lead-based paint is found in the property, appropriate abatement and removal techniques for eliminating such hazards); years of age; and, procedures may be undertaken. Strategy 4: Seek public and private funding to finance 'lead hazard abatement and reduction activities. Significant lead hazard reduction and abatement can be costly and beyond the means of lower-income homeowners and owners of lower-income rental properties. The City and other community organizations should be encouraged to pursue public and private funding to finance lead abatement and reduction activities. Lead reduction and abatement should be an eligible activity in the City's residential rehabilitation program. CDBG funds are available for lead abatement and reduction. City of Carlsbad - Consolidated Strategy & Plan Section 111. Action Plan Page 39 I. Fair Housing and Other Coordination Efforts The Carlsbad Housing Authority has made a commitment to work with other public and non-profit agencies to provide needed services for low-income households. The City annually assists in the funding of Heartland Human Relations Association, in order to promote Fair Housing. Heartland's counselors provide information regarding the rights and responsibilities of both tenants and landlords. Heartland also provides community education via speakers and literature and assistance to victims of housing discrimination. Periodically, Heartland Human Relations Association conducts audits of real estate and rental practices throughout the County of San Diego to determine the extent of discrimination in a given area. The City also continues to actively participate in the San Diego Fair Housing Resource Board, a regional organization formed to further fair housing efforts in the community. Along with all other members of the Fair Housing Resource Board, the City has contracted with the San Diego Fair Housing Council to participate in a Regional Assessment of Impediments to Fair Housing, which is expected to be completed in the year 2000. The City will participate with other agencies in implementing recommendations to be developed as part of the regional assessment to alleviate impediments and will continue to promote fair housing. As discussed in the City's anti-poverty strategy, City staff encourage Section 8 certificate/voucher recipients to participate in a Self-Sufficiency program. This Self-sufficiency program involves public/private cooperative efforts involving housing, education, employment and the supportive services to help participating families to become upwardly mobile. In an effort to increase housing opportunities throughout the City of Carlsbad, staff has enlisted the cooperation of the real estate community, property managers and owners by conducting quarterly workshops, mailing informative information regarding the Section 8 Rental Assistance program, making rental advertisements available to Section 8 tenacts, and through public media announcements. To foster awareness and education of organizations providing housing assistance or other supportive services to lower-income households and those in need, the City has a community resources phone directory available at City facilities and through other organizations within Carlsbad that provide the public with referrals to City facilities and services. City of Carlsbad - Consolidated Strategy & Plan Section In. Action Plan Page 40 SECTION IV. CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the Housing and Community Development Plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing - The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan - It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace - It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (3) The grantee's policy of maintaining a drugfree workplace; '7 '(c) 'Any . available drug counseling, reha$.ilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; Section IY: Certifications - Page 1 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti-Lobbying - To the best of the jurisdiction's knowledge and belief 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jddiction - The Consolidated Plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Page 2 . Section IV: Certifications Consistency with Plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 - It will comply with Section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Deborah Fountain Housing and Redevelopment Director Date Section IV: Certifications Page 3 This page is intentionally blank. Page 4 Section N: Certifications Specifk CDBG Certifications The Entitlement Community certifies that: Citizen Participation Plan - It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan - Its consolidated housing and community development plan identifies community development and housing needs and specifies both short and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 Part 570). Following a Plan -- It is following a current Consolidated Plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG . funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to health or welfare of the community, an other financial resources are not available; 2. Overall Benefit. The aggregate use of CDBG funds including Section 108 guaranteed loans during program year(s) 1995 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Suecial Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted CDBG funds,. including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the Section IV: Certifications Page 5 case of properties owned and occupied by moderate income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance with Anti-Discrimination Laws - The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Fair Housing Act (42 U.S.C. 3601-3619), and implementing regulations. Lead-Based Paint - Its notification, inspection, testing and abatement procedures concerning lead- based paint will comply with the requirements of 24 CFR 9570.608; Compliance with Laws - It will comply with applicable laws. QJmAh P. +n .,A) Signature/Authorized Official c Deborah Fountain . Housing and Redevelopment Director ,. Date Page 6 Section IV: Certifications APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FRE& WORKPLACE REQUIREMENTS: A. LobbvinP Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workdace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. For grantees other than individuals, Alternate I applies. (This is the information to which entitlement grantees certify). 4. For grantees who are individuals, Alternate II applies. (Not applicable to CDBG Entitlement grantees.) 5. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 6. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 7. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph five). Section Tv: Certifications Page 7 8. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Citv of Carlsbad Housing and Redeveloument Deuartment 2965 Roosevelt Street Suite B Carlsbad CA 92008 San Diego Countv Check if there are workplaces on file that are not identified here; The certification with regard to the drug-free workplace required by 24 CFR part 24, subpart F. 9. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C.812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are not on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). Page 8 Section N: Certifications APPENDIX A General Definitions Used With The Consolidated Plan Appendix A: Defdtions . Page 1 This page is intentionally blank. .. Page 2 . Appendix A: Defdtions Affordable Housing: Affordable housing is generally defined as housing where the occupant is paying no more than 30 percent of gross income for gross housing costs, including utility costs. AIDS and Related Diseases: The disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome. Aicohol/Other Drug Addiction: A serious and persistent alcohol or other drug addiction that significantly limits a person's ability to live independently. Areas of Concentrations: For purposes of the Consolidated Plan, census tracts will be referred to when discussing areas of low-income concentration or racial/ethnic concentration. Assisted Household or Persons: For the purpose of identifications of goals, an assisted household or person is one which during the period covered by the annual plan will receive benefits through the Federal funds, either alone or in conjunction with the investment of other public or private.€unds. The program funds providing the benefit(s) may be from any funding year or combined funding years. A renter is benefitted if the person takes occupancy of affordable housing that is newly acquired, newly rehabilitated, or newly constructed, and/or receives rental assistance through new budget authprity. An existing homeowner is benefitted during the year if the home's rehabilitation is completed. A first-time home buyer is benefitted if a home is purchased during the year. A homeless person is benefitted, however, only if the provision of supportive services is linked to the acquisition, rehabilitation, or new construction of a housing unit and/or the provision of rental assistance during the year. Households or persons who will benefit from more than one program activity must be counted only once. To be included in the goals, the housing unit must, at a mini&, satisfy the HUD Section 8 Housing Quality Standards (see 24 CFR section 882.109). See also, instructions for completing Table 17 of the Consolidated Plan and Table 1 of the Annual Performance Report. Committed: Generally means there has been a legally binding commitment of funds to specific project to undertake specific activities. Concentration of Low Income Households: A census tract where the number of low income households, as a percent of all households, exceeds 42% (10% higher than the regional average). Concentration of Minority Pouulation: A census tract where the minority population, as a percent of the total population exceeds 38% (10 higher than the regional average). Consistent with the Consolidated Plan: A determination made by the jurisdiction that a program application meets the following criterion: The Annual Plan for that fiscal year's funding indicates the jurisdiction planned to apply for the program or was willing to support an application by another entity for the program; the location of activities is consistent with the geographic areas as specified in the plan; and the activities benefit a category of residents for which the jurisdiction's five-year strategy shows a priority. Cost Burden > 30%: The extent to which gross housing costs, including utility costs, exceed 30 percent of gross income, based on data published by the U.S. Census Bureau. Cost Burden > 50% (Severe Cost Burden): The extent to which gross housing costs, including utility Appendix A: Definitions .. Page 3 costs, exceed 50 percent of gross income, based on data published by the U.S. Census Bureau. Disabled Household: A household composed of one or more persons at least one of whom is an adult (a person of at least 18 years of age) who has a disability. A person shall be considered to have a disability if the person is determined to have a physical, mental or emotional impairment that: (1) is expected to be of long-continued and indefinite duration, (2) substantially impeded his or her ability to live independently, and (3) is of such a nature that the ability could be improved by more suitable housing conditions. A person shall also be considered to have a disability if he or she has a development disability as defmed in the Development Disabilities Assistance and Bill of Rights Act (42 U.S .C. 6001-6006). The term also includes the surviving member of members of any household described in the first sentence of this paragraph who were living in an assisted unit with the deceased member of the household at the time of his or her death. Economic Indeuendence and Self-Sufficiencv Proerams: Programs undertaken by Public Housing Agencies (PHAs) to promote economic independence and self-sufficiency for participating families. Such programs may include Project Self-Sufficiency and Operation Bootstrap programs that originated under earlier Section 8 rental certificate and rental voucher initiatives, as well as the Family Self- Sufficiency program. In addition, PHAs may operate locally-developed programs or conduct a variety of special projects designed to promote economic independence and self-sufficiency. Elderly Household: For HUD rental programs, a one or two person household in which the head of the household or spouse is at least 62 years of age. Elderlv Person: A person who is at least 62 years of age. Existinn Homeowner: An owner-occupant of residential property who holds legal title to the property and who uses the property as hidher principal residence. Extremely Low Income: Households whose incomes do EO: es.c:.xi 30% of the median househo!d income for the region, as determined by HUD,.with adjustments for smaller and larger families and for regions with unusually high or low incomes or where needed because of prevailing levels of constniction costs or fair market rents. [For the purpose of further distinguishing needs within the very low income category, two subgroups (0 to 30% and 31 to 50% of MFI) have been established in the Consolidated Plan tables and narratives.] Familv: See definition in 24 CFR 812.2 (The National Affordable Housing Act definition required to be used in the Consolidated Plan rule differs from the Census definition). The Bureau of Census defines a family as a householder (head of household) and one or more other persons living in the same household who are related by birth, marriage or adoption. The term "household" is used in combination with the term "related" in the Consolidated Plan instructions, such as for Table 2, when compatibility with the Census definition of family (for reports and data available from the Census based upon that definition) is dictated. (See also "Homeless Family.") Familv Self-Sufficiencv (FSS) Program: A program enacted by Section 554 of the National Affordable Housing Act which directs Public Housing Agencies (PHAs) and Indian Housing Authorities (IHAs) to use Section 8 assistance under the rental certificate and rental voucher programs, together with public and private resources to provide supportive services, to enable participating families to achieve Page 4 Appendix A: Definitions economic independence and self-sufficiency. Federal Preference for Admission: The preference given to otherwise eligible applicants under HUD's rental assistance programs who, at the time they seek housing assistance, are involuntarily displaced, living in substantial housing, or paying more than 50 percent of family income for rent, (See, for example, 24 CFR 882.219.) First-Time Home Buver: An individual or family who has not owned a home during the three-year period preceding the HUD-assisted purchase of a home that must be used as the principal residence of the home buyer, except that any individual who is a displaced homemaker (as defined in 24 CFR 92) or a single parent (as defined in 24 CFR 92) may not be excluded from consideration as a first-time home buyer on the basis that the individual, while a homemaker or married, owned a home with his or her spouse or resided in a home owned by the spouse. FmHA: The Farmers Home Administration, or programs it administers. For Rent: Year round housing units which are vacant and offered/available for rent. (U.S. Census definition.) For' Sale: Year round housing units which are vacant and offeredlavailable for sale only. (U.S. Census definition.) Frail Elderly: An elderly person who is unable to perform at least 3 activities of daily living (i.e., eating, dressing, bathing, grooming, and household management activities). (See 24 CFR 889.105.) GrouD Charters: Facilities providing living quarters that are not classified as housing units. (U.S. Census definition.) Examples include: prisons, nursing homes, dormitories, military barracks, and shelters. HOME: The HOME Investment Partnerships Program, which is authorized by Title I1 of the National Affordable Housing Act. Homeless Familv: Family that includes at least one parent or guardian and one child under the age of 18, a homeless pregnant woman, or a homeless person in the process of securing legal custody of a person under the age of 18. Homeless Individual: An unaccompanied youth (17 years or younger) or an adult (18 years or older) without children. Homeless Youth: Unaccompanied person 17 years of age .or younger who is living in situations described by terms "sheltered" or "unsheltered". HOPE 1: The HOPE for Public and Indian Housing Home Ownership Program, which is authorized by Title IV, Subtitle A of the National Affordable Housing Act. HOPE 2: The HOPE for Home Ownership of Multi-family Units Program, which is authorized by Title IV, Subtitle B of the National Affordable Housing Act. Appendix A: Definitions Page 5 HOPE 3: The HOPE for Home Ownership of Single Family Program, which is authorized by Title IV, Subtitle C of the National Affordable Housing Act. Household: One or more persons occupying a housing unit (U.S. Census definition). A housing unit is a house, an apartment, a mobile home, a group of rooms, or a single room that is occupied as separate living quarters. See also "Family". Housing Problems: Households with housing problems include those that: (1) occupy units meeting the definition of Physical Defects; (2) meet the definition of overcrowded; and (3) meet the definition of cost burden greater than 30%. Table 11 requests nonduplicative counts of households that meet one or more of these criteria. Housing Unit: An occupied or vacant house, apartment, or a single room (SRO housing) that is intended as separate living quarters. (U.S. Census definition.) Institutionsflnstitutional: Group quarters for persons under care or custody. (U.S. Census definition.) Large Related: A household of 5 or more persons which includes at least one person related to the householder by blood, marriage or adoption. Lead-Based Paint Hazard: Any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate Federal agency. (Residential Lead-Based Paint Hazard Reduction Act of 1992 definition.) LIHTC: (Federal) Low Income Housing Tax Credit. Low-Income: Households whose incomes do not exceed 80 percent of the median income for the region, as determined by HUD with adjustments for smaller and larger families, except that €IUD may establish income ceilings higher or lower than 80 percent of the median for the region on the basis of HUD's findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes". NOTE: HUD income limits are updated annually and are available from local HUD offices. (This term corresponds to low- and moderate- income households in the CDBG Program.) Metrouolitan Statistical Area (MSA) Median Familv Income: $39,798, according to the 1990 Census. Moderate Concentration of Minoritv PoDulation: A census tract where the minority population, as a percent of all households, exceeds 43 % (25 % higher than the regional average). Moderate Income: Households whose incomes are between 81 percent and 95 percent of the median income for the region, as determined by HUD, with adjustments for smaller or larger families, except that HUD may establish income ceilings higher or lower than 95 percent of the median for the region on the basis of HUD's findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. (This definition is Page 6 Appendix A: Definitions different than that for the CDBG Program.) Non-Elderlv Household: A household which does not meet the definition of "Elderly Household," as defined above. Non-Homeless Persons with Suecial Needs: Includes frail elderly persons, persons with AIDS, disabled families, and families participating in organized programs to achieve economic self- sufficiency. Non-Institutional: Group quarters for persons not under care or custody. (U.S. Census definition used.) OccuDied Housing Unit: A housing unit that is the usual place of residence of the occupant(s). Other Household: A household of one or more persons that does not meet the definition of a Small Related household, Large Related household or Elderly Household. Other Income: Households whose incomes exceed 80 percent of the median household income for the region, as determined by HUD, with adjustments for smaller and larger families. Other Low-Income: Households whose incomes are between 51 percent and 80 percent of the median household income for the region, as determined by HUD, with adjustments for smaller and larger families, except that HUD may establish ceilings higher or lower than 80 percent of the median for the region on the basis of HUD's findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. (This term corresponds to moderate-income in the CDBG Program.) Other Vacant: Vacant year round housing units that are not For Rent or For Sale. This category would include Awaiting Occupancy or Held. Overcrowded: 'A housing unit containing more than one person per room. (U.S. Census definition.) Owner: A household that owns the housing unit it occupies. (U.S. Census definition.) Physical Defects: A housing unit lacking complete kitchen or bathroom. (U.S. Census definition.) Jurisdictions may expand upon the Census definition. Primaw HousinP Activitv: A means of providing or producing affordable housing--such as rental assistance, production, rehabilitation or acquisition--that will be allocated significant resources and/or pursued intensively for addressing a particular housing need. (See also, "Secondary Housing Activity" .) Proiect-Eased (Rental) Assistance: Rental Assistance provided for a project, not for a specific tenant. Tenants receiving project-based rental assistance give up the right to that assistance upon moving from the project. Public Housing (CIAPI: Public Housing Comprehensive Improvement Assistance Program. Appendix A: Definitions Page 7 Public Housing MROP: Public Housing Major Reconstruction of Obsolete Projects. Rent Burden > 30% (Cost Burden): The extent to which gross rents, including utility costs, exceed 30 percent of gross income, based on data published by the U.S. Census Bureau. Rent Burden > 50% (Severe Cost Burden): The extent to which gross rents, including utility costs, exceed 50 percent of gross income, based on data published by the U.S. Census Bureau. Rental Assistance: Rental assistance payments provided as either project-based rental assistance or tenant-based rental assistance. Renter: A household that rents the housing unit it occupies, including both units rented for cash and units occupied without cash payment of rent. (U.S. Census definition.) Renter Occupied Unit: Piny occupied housing unit that is not owner occupied, including units rented for cash and those occupied without payment of cash rent. Rural Homelessness Grant Program: Rural Homeless Housing Assistance Program, which is authorized by Subtitle G, Title IV of the Stewart B. McKinney Homeless Assistance Act. Secondarv Housing Activitv: A means of providing or producing affordable housing--such as rental assistance, production, rehabilitation or acquisition-that will receive fewer resources and less emphasis than primary housing activities for addressing a particular housing need. (See also, "Primary Housing Activity" .) Section 215: Section 215 of Title II of the National Affordable Housing Act. Section 2315 defines "affordable" housing projects under the HOME program. Separate Living Ouarters: Separate quarters are those in which the occupants live and eat separately from any other persons in the building and which have direct access from the outside of the building or through a common hall. Service Needs: The particular services identified for special needs populations, which typically may include transportation, personal care, housekeeping, counseling, meals, case management, personal emergency response, and other services to prevent premature institutionalization and assist individuals to continue living independently. Severe Concentration of Low Income Households: A census tract where the number of low income households, as a percent of all households, exceeds 57.6% (50% percent higher than the regional average). Severe Concentration of Minoritv Pouulation: A census tract where the minority population, as a percent of all households, exceeds 52% (50% higher than the regional average). Severe Cost Burden: See Cost Burden > 50%. Page 8 . Appendix A: Definitions Severe Mental Illness: A serious and persistent mental or emotional impairment that significantly limits a person's ability to live independently. Sheltered: Families and persons whose primary nighttime residence is a supervised publicly or privately operated shelter, including emergency shelters, transitional housing for the homeless, domestic violence shelters, residential shelters for runaway and homeless youth, and any hotel/moteYapamnent voucher arrangement paid because the person is homeless. This term does not include persons living doubled up or in overcrowded or substandard conventional housing. ' Any facility offering permanent housing is not a shelter, nor are its residents homeless. Small Related: A household of 2 to 4 persons which includes at least one person related to the householder by birth, marriage, or adoption. Substandard Condition and not Suitable for Rehab: Dwelling units that are in such poor condition that repairs would exceed the cost of building a new (replacement) unit, or rehabilitation that would exceed the funding limit of any existing City rehabilitation program. Substandard Condition but Suitable for Rehab: Substandard units which can be rehabilitated to Section 8 Minimum Housing Quality Standards at a cost which does not exceed the cost of building a new replacement unit. This does not include units that require only cosmetic work or minor livability problem repair or maintenance. Substandard Housing: For the purposes of this Consolidated Plan, substandard refers to those units lacking complete plumbing facilities. However, in general, substandard residential dwellings are those dwellings which, because of their physical condition, do not provide safe and sanitary housing and/or meet the Section 8 Minimum Housing Quality Standards. Further categorized as either "suitable for rehabilitation" or "not suitable for rehabilitation. " Substantial Amendment: A major change in an approved housing strategy. It involves change to the five-year strategy, which may be occzsioned by a decision to undertake activities or programs inconsistent with that strategy. Substantial Rehabilitation: Rehabilitation of residential property at an average cost for the projects in excess of $25,000 per dwelling unit. Sumortive Housing: Housing, including Housing Units and Group Quarters, that have supportive environment and includes a planned service component. Sumortive Service Need in FSS Plan: The plan that PHAs administering a Family Self-sufficiency program are required to develop to identify the services they will provide to participating families and the source of funding for those services. The supportive services may include child care; transportation; remedial education; education for completion of secondary or post secondary schooling; job training, preparation and counseling; substance abuse treatment and counseling; training in homemaking and parenting skills; money management, and household management; counseling in home ownership; job development and placement; follow-up assistance after job placement; and other appropriate services. Appendix A: Definitions Page 9 Suuuortive Services: Services provided to residents of supportive housing for the purpose of facilitating the independence of residents. Some examples are case management, medical or psychological counseling and supervision, child care, transportation, and job training. Table 19: For purposes of Table 19, Non-homeless Special Needs Population, the following definitions relate to data available from the Census. Elderly: Any person 62 years or older. (The Federal Administration on Aging identifies persons 60 and older as eligible for its programs; HUD and Social Security require persons to be 62 years of age for benefits; Medicare is available at age 65.) Frail Elderly: Persons ages 75 years or older. (The Federal Administration on Aging identifies persons age 75 and older as "frail" for purposes of its programs.) Tenant-Based (Rental) Assistance: A form of rental assistance in which the assisted tenant may move from a dwelling unit with a right to continued assistance. The assistance is provided for the tenant, not for the project. Total Vacant Housing Units: Unoccupied year round housing units. (U.S. Census definition.) Unsheltered: Families and individuals whose primary nighttime residence is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings (e.g., streets, parks, alleys). Vacant Awaiting OccuDancy or Held: Vacant year round housing units that have been rented or sold and are currently awaiting occupancy, and vacant year round housing units that are held by owners or renters for occasional use. (U.S. Census definition.) Vacant Housing Unit: Unoccupied year round housing units that are available or intended for occupancy at any time during the year. Verv Low-Income: Households whose incomes do not exceed 50 percent of the median household income for the region, as determined by HUD, with adjustments for smaller and larger families and for regions with unusually high or low incomes or where needed because of prevailing levels of construction costs or fair market rents. (This term corresponds to low-income households in the CDBG Program.) For the purpose of further distinguishing needs within this category, two subgroups (0 to 30% and 3 1 to 50% of MFI) have been established in the Consolidated Plan tables and narratives.] Worst-case Needs: Unassisted, very low-income renter households who pay more than half of their income for rent, live in seriously substandard housing (which includes homeless people) or have been involuntarily displaced. Year Round Housing Units: Occupied and vacant housing units intended for year round use. (U.S. Census definition.) Housing units for seasonal or migratory use are excluded. Page 10 Appendix A: Definitions APPENDIX B City of Carlsbad 1991-96 Housing Element Section Three Appendix B: Housing Element - Section Three This page is intentionally blank. Appendix B: Housing Element - Section Three I. SECTION THREE HOUSING ELEMENT CONSTRAINTS and OPPORTUNITIES. LAND INVENTORY ENERGY CONSERVATION OPPORTUNITIES AND CONSTRAINTS TO HOUSING DEVELOPMENT The ccnsraints and opponunities section of the Housing Element identifies the various canstrairrts, both gwernmental and non-governmental, to housing development, .. Although constraints may apply to all housing production, they ‘sisnificantly impact housing that is affordable to the lower-income households. Many constraints are significant impediments to development, but mus be weighed in the context of achieving balanced economic grcwth and preserving environmental resources as well as the particular quality and way of life. Housing programs should be designed to achieve a local jurisdicions share of housing for all economic ranges. Programs to remove or alter csnstraints are judged on the fiscal resources a jurisdiction may have. Constraints and the mitigating opponunities that may remove or lessen these constraints are discussed. In identrfying mitigating opponunities it is imponant to note that the identification is not necessarily a commitment to implement these opponunities. As with all implementing programs identified in Section 4, the ability to carry out the programs will be affected by the availability of fiscal resources, (FederaLState, Local funds. grants, private financing, etc.) .Competing interests for the available resources may impact whether and when programs proceed. Where possible, alternative strategies may be presented to mitigate constraints identified. Constraints identified within the Housing Element may or may not be a significant housing impediment within a certain time frame but are identified to help define housing issues. In some cases it may be beyond the immediate capability to remove some constraints. The City has no ccntrol over private lending rates and Federal or State actions. In the Goals section of the Housing Element. programs are identified which may offer these mitigating opponunities. The programs may be incentives such as density bonuses or requirements such as an inclusionary program. Programs of incentives may or may not be implemented depending on fscal resources, market conditions or substantial adverse environmental impacts. 72 GOVERNMENTAL CONSTRAINTS CONSTRAINTS: LAND USE CONTROLS Land use controls regulate development through policies, ordinances and other regulatory procedures. Land use controls are necessary to ensure development compatible with the community and to preserve the health, safety and welfare of its citizens. Regulatory procedures sometimes act to constrain housing development through development processing and fees. These additional costs are passed on to the home buyer or renter which increases housing prices and lessens affordability. Carlsbad has adopted a comprehensive General Plan that guides development in the City. Priorities have been set to achieve quality development, and protect sensitive areas. There are several levels of land use controls that the City of Carlsbad has adopted. These are: ZONING Currently the City has adopted a land use zoning ordinance that contains 12 separate residential zoning categories. These Zoning Districts (Table 41) establish the type of housing units that can be constructed. Of the 12 Zoning Districrs that allow residential land use, four of them are primarily single family in nature while four are primarily multi-family.. The remaining districts allow both. Alternative or special housing uses may be allowed in cenain residential or commercial zones on a 'conditional use' basis. 74 W 0 z L W E W w: m i z i z e c) v) p m cum x0 p m cvv) x 0 p x: m a 0 U e z W I W a 3 0 a W e 82 c 8 e 5: iz l" .. m I v) w 0' b- 2 0 0 U I1 2: IC) w f c 0, L: (u 0 v) h 8 u) h 8 U 1 E 3 z W ON I 0 z c 0 9 U t 4 t ZY c cut 0- a t I In addition to zcnirig ;hat allows residential develOpment. the City has adcpted overlay zones 10 prctec: or enhanca a special afibue or quality of :he uncertying land area (Table 42). These are: -1 TABLE 42 OVERLAY ZONES OVERLAY PURPOSE Scenic Preservaaon Overlay (SP) Protect Scenic areas Flood Plain Overiay (FP) Regulate deve!opment within floodplain Beach Area Overlay (BAO) Regulate development in rhe beach areas Qualified Overlay (Q) Requires site development plan and Planning Commission approval I Hospital overlay (HO) Zone established for hospital development I Residential development in Carisbad usually requires approval of site development plans. These plans are approved administerially for single-family projects outside overlay zones. Projects larger than single-famiiy developments usualiy require discretionary actions before a Planning Commission and City Council. The requirement for discretionary approvals for most residential projects within the city adds additional time to the construction of housing units. This time factor results in higher loan carrying costs which adds additional costs to housing. 78 i i MITIGATING OPPORTUNITIES. , ~tthough Carlsbad cunentty has a wide range of land use controls, there are opportunities to mitigate some regulatory consxraints. These controls do allow a varied range of housing types, from multifamily apartments to single family residential. Within these regulations there are opportunities to encourage and initiate housing types for all income ranges. The Carlsbad Municipal Code allows multifamily development under several zoning designations. There are also additional opportunities provided in the Municipal Zoning Code for multifamily development within the industrial area (P-M) with a density not to exceed 40 units per acre. The Village Redevelopment Area and areas within the City's Coastal Plan encourage mixed uses which can reduce the cost of residential construction. These savings can be passed on to the renter or purchaser. These opportunities although currently available are under-utilized. A program to examine and encourage the use of multi family residential in PM areas and the encourasement of mixed use projects should be initiated. In addition, standards for alternative types of housing which do not fit within any one residential zoning dstricr should be developed. Alternative housing types may include Single Room Occupancy (SAO) hotels or managed living units, dormitory style farmworker housing or transitional housing for the homeless. These housing types may be allowed in certain zoning districts with conditional use permits with certain development standard's. 79 CONSTRAtNTS: GROWM MANAGEMENT Extraordinary grcwth in housing in the early 198O's, fueled by a growing eccnomy, amactive land prices and proxim, to a coasd locaticn, led in 1986 to a growth management plan approved by the voten of Carisbad. me program accomplishes two primaty,objectives: (1) it ensures that needed public facilities and infrastructures are provided concurrent with development, and (2) it Sets limits on the maximum number of dwelling units that can be constructed Citywide and within each of the City's four quadrants at buildout cf the City. The Growth Management Program divides the City into 25 Local Faciiities Management Zones (see Map A), Each zone is required to prapare a Local Facilities Management Plan (LFMP). The LCMP's project the amount of development expeaed to cccw in each facilities zone based on the full buildout of the General Plan or approved Master Plan area within each facilities zone. Using this projection of development, the plan estimates the public facilities required to serve that development me plans require new development in the facilities zone to fund or construct those facilities that serve only new deVelOFmeflt or those not otherwise funded through the City's usual fees and eXacti0flS. The second key feature of the Growth Management Program is a limit on the ultimate number of dwelling units in each of the four quadrants of the City. These limits are stated in terms of numbers of units that can be constructed or approved within each quadrant after November 4, 1986. The number of units available within each quadrant is then allocated to the individual Lccal Facilities Management Zones within the quadrant. In each quadrant there will be a significant number of unallocated (excess) units. The sources of these unallocated units is further explained in the Growth Management Addendum. There are currently at least 1,000 unallocated units in the four quadrants. These unallocated Or'exCBSS. units constitute what the City refers to as an Excess Unit Bank. Staff projects that the Excess Unit Bank will reach, and may possibly exceed, 2,500 dwelling units. Withdrawal of units from the eank must be in accordance with City Council Policy No. 43. which is included in the Growth Management Addendum to this Housing Element. The policy prioritizes the withdrawal of units from the Sank, with affordable housing being the priority. There will be additional units added to the Bank due to the faa that some individual development projeas will build at less than the allowable densrty permitted-. under the Growrh Management Program. P' Although construction of new housing units temporarily declined after adoption and implementation of the Growth Management Ordinance, this reduction w%s due primarily to the need to complete GMP's for each Of the zones and the requirement fcr fin2ncir,g-mec~anisms to ensure completion of the necsssary facilities. Dclring this time, applications for tentarive maps and orher development approvals have been accepted, processed and approvals given contingem upon completion of financing plans. Sever, zones have acceptable, adopted facilities plans that allow consruction zit this time (1-6. 19). Zones 1-6 are primarily the developed in-fill areas of the City. Eleven other adopted zone pians (7-9, 11, 12 14, i 5, 18, 20, 22 and 24) do not allow development until a financing plan has been apprOVed. These financing plans for zones 7, 1 1, 12 and 20 are expected to be approved Sy the end of 1991. The financingi plans for the remaining zones 8, 9, 14, 15, 18, 22 and 24 are expeced to be approved by the end of 1992 The City's Mello RGOS Community Facilities District was approved on June 13, 1991. This Oisrrict provides guaranteed financing for the largest and most expensive public facilities. The zone financing plans can now be submitted and approved, and development can resume. 80 MlTIGATlNG OPPORTUNITIES: , ull scale residential development within the Clty is expected to resume beginning in the second half of 1991, because 21 of the 25 Local Facilities Management Plans have been approved and zone financing plans for 18 of these zones will be approved by 1992. Therefore, the temporary slowdown of residential develcpment resulting from the facility planning and financing requirements of the Growth Management Program will no longer function as a significant constraint to the development of housing within the City. It is estimated that there presently exists with the City a bank of 1,000 excess dwelling units and it is projected that this will reach approximately 2.500 units. This projected bank of 2.500 excess dwelling units can be used to increase site densities to a level necessary for the development of housing projects which address special housing needs (Le. affordable, seniors, handicapped). This bank of excess units will also enable the implementation of City-proposed density bonus (see Program 3.7.a.) and density transfer programs as well as future General Plan Amendments (see Progrm 3.7.h.) to increase site densities throughout the City. 81 .. CONSTRAINTS: GENERAL PLAN DENSlTlES The Land Use EIement of the General Plan establishes the maximum amount of housing per acre of land that can . developed. This is called the 'density' of permitted development. General plan densities are expressed as dwelling units per acre (du/ac.) Currently the City of Carlsbad has 5 residential density ranges. Fatile 45). " TABLE 45 GENERAL PUN RESIDENTIAL LAND USE DENSITIES "A' 3" Density Range (du/ac) Growth Conaol Point Low Densiry 0 - 1.5 1.0 Low-Medium Densiry 0 - 4.0 3.2 &Medium Density 4 - 8.0 6.0 Medium-High Densiry a - 15.0 1l.S High Density 15 - 23.0 19.0 The ranges in Column A are the density range for each land use classification. Column 6 denotes the 'growth control poinr for each density range. Densities are calculated and allowed from the base range in each land use category. The density ranges established for the residential categories are not meant as minimums and maximums. The lower figure for each of these categories represents a guaranteed density and the higher figure represents a potential maximum t F- could be located in each area if cenain criteria as outlined in the Land Use Element are met. The growth Control pc ?" '; was used to determine facilities need, and as development may not exceed standards set for facilities, dwelopmeb. cannot Occur over the growth control point unless findings can be made that there are sufficient facilities available for the allowance of increased housing units over the growth control point. Another constraint to general plan densities is the net developable acreage or yield. Acreage with over 40% Slope is considered undevelopable and is not allowed for density calculation. Acreage with topography with slopes 25% to 40% is given half the allowable density of acreage with less than 25% slopes. Constrained lands such as sensitive wetlands, riparian habitat and utility rights-of-way are also excluded from developable acreage. Additional environmental Constraints that may reduce developable acreage, are dealt with separately in this seaion. The lack of developable acreage in the upper density ranges may constrain development of certain types of housing. Stacked-flat apartments which house lower income households may require densities greater that 12 units per acre Or higher depending on land costs to be developed economically. As indicated in the Land Inventory section of this Ehmt, there is a decreasing supply of acreage in the Medium High (1 1.5 du/ac) or High (19 du/ac)density ranges remaining in the city. 82 .. f t .. MIIITIGATING OPPORTUNITIES: , , .are are 5 residemial derswes associated with the Land Use Element cf the City's General ?!an, including a Residemid High (RH) General Plan Land Use desgnation that permits up to 23 dux. With the impiemecnation d a 25% Densrty Eonus, as mardad through&c%emmer;t Code Section 65915, and the City's propxed DensCty Bonus Program 3.7.4 a total projea densq d S ddac could be achieved m any RH desrgnated site ppxed for the development of affordable housing. As discussed undec the Growth Management portiocl d this Chapter (pages Wl), dwelling units shall be permitted to be withdrawn from the City's Excess Unit Bank in order to achieve the Me densities nexssaq for the development d affordabk housing. Although there exists a limited supply (60 acres) d undeveloped RH designared land within the Crty, the City does have in exc8ss of 6,ccx) acres d undeveloped PC (Planned Community) and LC (limited Cocnrd) zoned property upon which higher rssldential densrties, necasay for the development ct affordable housing could be accommdated. All PC zoned properties require tha a Master Plan for development be apptoved. The LC zcne is an interim (Wing) zooe where planning foc future land uses has not beecl mrnpMed. Property zoned LC m tx rezoned crxlsisterrt with a proposed master or specmC phn. Although p(ans approved for any PC or LC zoned propmy shall be required to comptfwith the underlying General Plan densities, thete is cwrsideraMe flexibility regarding tbe abilrty to transfer densities to any neighboct-rood within the plan. A propcsal to increase a spufic site densty fos the d affcrdaMe housing would be evaluated relative to the proposal's; mpatibilrty with ad- land uses; and poximcty to employment opportunities, urban services, or major roads. In order to enable the dgulelopment d affordable hcusjng, the City is committed to accwnmodating where necessary general plan amendments to increase residential densities on any PC, LC or other residet-rtialiy zoned properties (see Pdicy 3.7.h), and in consideration with the aboVe-mentKxred locational criteria 83 83-a CONSTRAINTS: REDEVELOPMENT PLAN The City cf CartsSad adoped a mdWel0pment plan to halt this decline. As its theme, the old dawntown Cutsbad arm was desisned arcund a low intensry Wage area'. Closa to the ocean and crnw recrearjocral amenities, the downtown Village Recevelcpment Area fccssed upon the tourin and recrearional trade: Permmed us83 inciude rWerTtial inducing muhi-tamihy. The theme, scow and scaI8 of residential development within the redeve+oGmerrt area enaxrages bw intensrty residmial dW@lOpmWTL As the intent of redevelopmem is to reduca blight incraase economic vitality and remove detenoa~ng maures. circumsrancss exist that might rmme de?&cratng msdentlal smcture hom the housing RCC~. Wherever possible prionty is gwen to rehabilitation of existing mmres. espeualty tfrosa d hrstoric nature. MIlIGATlNG OPPORNNmES: The Carisbad Village Area Redevelopment Plan anticipates that between the adoption of tfre Redevelopment Plan and its expiranon in 2006. approximaely 300-400 new housing units will be built wdhin the redevebprnm area This b over the exismg 1600 unfls. These units are to be developed lor all economic angen The Vlllage redevelopment area co'ntans land uses of all densitles It comans significant acreage of hign densty residential that is wrted for units in the moderate to lower-income. me Village Area Redevelopment Plan contans policies and programs designed to assist in the rebcaion af residem who may be displaced due to redevelopment projects. The redevelopment plan also emphasues the rehabiiitaxion of exlstrng residences to conform to rhe nature of the village atmosphere of the redevelopment area Ahhough oppomrniues exm to Increase tne number of unm for lower-income hOus8hOlUS becama of tne potential hiq densrry rnulti-tamily amas wlthin [he redevelopmern area and in surrounding neighborhoods. it mu be emphasized that impaction Of the area wRfr too much new multi-(amity deve4Opment must be avoided A predominant number of unm within the redevekpment and adjacent areas are atfordable to lmer-income households. and ior many yeam the housing saxegies focused on providing hlgn density muIti-tamlty unm in areas that hszoridb have developed them. The remaining undeveioped acreage within the City was designated at a lower single famity intensity. The strategy to Spread mumti-family densties tnrougnout the City would avoid lmpacnon to the redevelopment areas. . CONSTRAINTS: OPEN SPACE REQUIREMENTS ,-reservation of open space is one of the goals of the City. It also acts as a constraint to the development of housing ordinance requires a minimum open space standard per unit plus a 15. percent set aside for each subdivision or community. These policies and requirements may reduce the yield of housing units. MlTlGATlNG OPPORTUNITIES: Currently the City is preparing an Open Space Management Plan that will organize the various open space policies into a cohesive policy document. This Management Plan will provide guidance for housing development that will occur in the city’s sensitive areas. Incentives for developments that include low income housing may include exemption or reduction of requirements for parkland dedication of open space dedications. Identification of sensitive habitats for endangered species that may preclude future development can be allocated toward a project’s requirement for Open Space. The allowance of the density on acreage designated for open space may allow that density to be utilized elsewhere on a development site. This may allow ‘clustering’ of residential development that would accomplish: 1) Increases in open space, and 2) higher density within a residential development to encourage a product type (apartments, multi-family, townhomes) that increses affordability. MAP B shows the City of Carlsbad’s current Opens Space and trails Network, CONSTRAINTS: DEVELOPMENT STANDARDS Development standards are standards set by the City of Carlsbad to ensure that development of residential or commercial that occurs, is compatible with the surrounding community, ensuring the health, safety and welfare of it’s citizens and providing quality development. .le City of Carlsbad has two levels of development standards. Standards that are codified in the.ordinances adopted by the City, and standards that can be considered administrative policy, through interpretation of the code or through interpretation of policies and guidelines of the City’s General Plan. ‘MITIGATING OPPORTUNITIES: 0pponunities.exist to waive administrative policies that may add additional time or costs to low income housing, The exemption of some administrative policies for low income housing could be considered an incentive for such housing. Another alternative would be to develop policies or codes that would apply only to low income housing. The purpose of these alternative codes would to be reduce cost associated with some standards in order for these costs to be passed on to the eventual low-income household. a5 MAP B COMPREHENSIVE OPEN SPACE NETWORK _". ."_. " - .-=. .: "Z "-5 ."" . - ". . ". - ._ ". ."": .: "I." . .......... ... ............. "" ...... ..... .... .- .._. .-. ,". ...._. ................... ..................... ... " . .*.-. . - .. . .._ ...... .." c ".I.' 2.0. .. ".......I ,. ..... ., ,"..*....... .. -. .. -..... ........................ -. - . - . - ......... - @ .,.a. . .. *.a .... .L i r,..., A+ ..l".." ..I.. I I.. -. ..". _.- .... . ..-..-. ..." .."_."".. ..... ., ......... -... ..*. ... 1.- "" " . . CONSTRAINTS: BUILDING, ELECTRICAL AND PLUMBING CODES he City currently has adopted the 1988 version Of the Uniform Building Code, the 1980 version of the Uniform Plumbing Code and the 1987 version of the Uniform Electrical Code. The City has no substantive amendments to the Code tha would adversely affect standard types of housing. Furthermore reduction of State required codes to reduce costs are not in the best interests of public health and safety. Interpretations of some codes may be biased against 'certain alternative housing types such as SRO's (Single Residential Occupancy) or farmworker housing. MlTlGA7lNG OPPORTUNITIES: Certain types of alternative housing structures may be given flexibility in code interpretation where otherwise that certain type of housing may not fit into any one residential category. Examples of these alternative housing structures may be what are commonly called SRO hotels, which although sew a residential function, are commercial in nature and may be required to be built under restrictive commercial codes to be cost effective. Another alternative may be dormitory style housing for homeless and transient or migrant farmworkers. These types of housing structures not normally found in Carlsbad and may require broad interpretations of existing codes and regulations to be built. CONSTRAINTS: CODE ENFORCEMENT PROGRAMS Currently the City of Carlsbad has a code enforcement effort designed to protect the health safely and welfare of it's citizenry. The City's Building Department in conjunction with the City Attorney's office undertakes abatement proceedings '?r deteriorating and substandard housing or bootleg (illegal) housing units. The City of Carisbad's code enforcement division of the Building Department currently detects and abates violations to the State and County Housing and Health Codes as they relate to substandard housing. Over the last 5 years there has been an average net loss of around 3 to 4 illegal or substandard housing units per year through enforcement activities. There are also abatement programs for illegal campsites or makeshift housing in undeveloped .agricultural areas of the City. MITIGATING OPPORTUNITIES: The code enforcement activities should include a monitoring and rehabilitation program to detect and monitor housing units in deteriorating conditions. These units, which predominantly house lower income residents, may be demolished to abate an unsafe condition thereby reducing the stock of lower income units. Monitoring in conjunction with a rehabilitation program would preserve these low income units. Code enforcement programs that result in abatement of substandard housing should be in coordination with the Housing and Redevelopment Agency that can target those units for rehabilitation programs that will preserve the older housing stock. It is important to coordinate unsafe residential abatement programs with relocation assistance for the tenants. Some tenants especially, handicapped, elderly, and very- low income may have problems finding suitable residences if displaced from their current residence. Prompt relocation assistance may be crucial as the ability to rehabilitate substandard units on a timely basis may focus On relocating existing residents. CONSTRAINTS: OFFSlTE IMPROVEMENTS Currently the City has design standards for all offsite improvement. These standards are outlined in the City 'Engine, Design Standards' publication. In addition there are also approximately four administrative engineering policies Wociah with offsite imprcvements for residential projects. CONSTRAINTS: CIRCULATION IMPRQVEMENTS During the cours2 of development, circulation improvements are addressed at that time to achieve satisfactory circulation improvement goals. The City through its Local Facilities Management Plan has funher identified standards for circulation. Currently some circdlation improvements are funded through a '8ridae and Thorouqhfares Fee' the City imposes on the areas of benefit. This fee varies according to the size of development and circulation impacts. (See fee schedule in appendices). The cost to rhe developer for the improvements required are usually passed on to the cast of the home or residence, increasing its cost. MITIGATING OPPORTUNITIES: Circulation as well as other infrasrucrure improvements paid for by development through requirements of fees are usually passed on to the purchaser or renter. Usually the improvements required as part of a project or subdivision are passed on as an 'up fronr cost of the dwelling unit as pan of the 'purchase price of a house. The City is currently adopting a Mello-Roos District for bond financing for infrastructure and facility improvements. The infrastructure costs may be passed on to the buyer of a home under Mello-Roos as a one time single fee assessed against the home, or under an easement district. annual installments may be used to cover the assessment. The result is the 'up fronr costs of infrastructure improvements may or may not be reflected in the cost and price of a home, depending on the method used to pay back the assessment district The City may contribute to on/offsite infrastructure improvements through in-kind contributions for residential developments that would be made affordable to lower-income households. .-. .; 87 CONSTRAINTS: FEES AND EXACTIONS Arrently the City assesses fees for most administrative processing of application for development. Fees and exactions receive the most amount of attention from the development community and are most often singled out as contributing to the growing costs of housing. These fees are identified in the appendices. Other types of fees may be exacted to mitigate effects of development that would have an adverse effect on the community or district. A typical exaction would be for school fees. These exactions are identified in the appendices. MITIGATING OPPORTUNITIES: WAIVING OF PFF FEES Council Policy allows the waiver of Public Facility fees for low income housing. Implementation of this policy should also assess the fiscal impacts that the fee would normally generate on the budget of the respective departments. Typicalty all fees including impact and processing fees average between $1 5 - 20.000 per unit depending on type (multi vs. Single family) and location. Reducing fees is a significant incentive for some residential developments. Table 46 shows the total fees in Carlsbad of a typical 3 bedroom home. ... Table 46 TOTAL FEE COSTS TO BUILD A PROTONPE HOME 1 Escondido S 2 San Marcos 3 Poway 4 Sah Diego City 5 Carkbad 6 Solana Beach 7 Enciniras 8 Chula Vista 9 Santee 10 ’ Oceanside 11 Vista . 12 San Diego County 13 imperial Beach 14 Lemon Grove 15 Del Mar 16 La Mesa 17 El Cajon 18 National City 19 Coronado EIF PROTOTYPE HOME bee bedroom, rwo bath single family detached home. 1800sf (square feet) living area. 400sf garage and 240sf patio. 9pz S139,OOO valuation (calculated by each jurisdicrion). rype V wood he consmcrion. lOOA single phase elecnical. 100,000 Btu FAU gas service, and a common set of tiirures. 21,507 19,i31 16,740 15,755 15,742 14,590 14,527 14;193 12,397 12,012 10,79 1 9,279 8,567 8,459 8.222 7,733 7,#5 6,443 . 5,908 -. ’. \ -.. 89 HOUSING-IN-LIEU FEES A Housing-in-lieu fee targeted at market rate units or units built above a certain price range could be assessed to generate funds to subsidize the construction of lower income units. The fee would satisfy a requirement that some projects may have to provide low income housing opportunities. JOBS HOUSING IMPACT FEES In-lieu fees or exactions leveled against developments that normally create jobs and a demand for lower income housing, primarily industrial or commercialhetail development, may be assessed. Fees are exacted at the time of construction on a per square foot basis and are used to subsidize the construction of low inccme units. The fees would be contingent upon establishing a nexus between job creation and demand for the type of housing it would create. REAL PROPERTY TRANSFER ASSESSMENT TAX Property that is sold and realizes a gain in assessed value is assessed a transfer tax. This tax or a portion thereof may be utilized as a source of revenue lor housing programs. This would generate a source of funds from other than the new development and would spread the responsibility and cost of providing housing for all income ranges to exlstlng development. The revenue generated each year by this transfer tax is approximately $350,000.00 and is not encumbered for any special project, but goes to the General Fund. 90 CONSTRAINTS: PROCESSING AND PERMIT PROCEDURES As indicated in Table 47 the type of permit for residential development defines its length of processing time. Projects 1 require multiple discretionary entitlefflent are usually processed concurrentty. The excaptions are for multi-phas,. residential master planned communities in which case these projects are usually processed in phases. f ". ' . TABLE 47 AVERAGE ADMlNlSTRAllVE PROCESSING TIME FOR DlSCRETlONARY APPLICATONS CATEGORY Master Development Major Minor Miscellaneous Master Plans Mater Plan Amendmenu S&fic Plan, Specific Plan Amendmenu EIRS RMHP Tentative Tmcu Site Development PIJN Redcrdopment Pmiu Conditionai Use Pmiu Tenfarive Tmcr AmendmmW Zone Code Amendments Planned Devclopmenu Zone Changa Genml Plan Amendments Revisions Minor Sukli*ioru Condiuonal Use Pmniu ReJmlopmcnt Permiu Site Development Plans Spcdal Use Pmiu Precise Development Plans Planned Industrial Permiu Castal Dtvelopmenc Pmiu Hillside Development Permits Mminiscntive Variancs Lwl COJstal Plan Amendmenu by cats Satellite Antennas Planning Commbion Dcrcrmimtions 04 Conditional Use Permits Varianca Srrea Name Chang- Condominium Penniu 6 - 12 month 3 - 6 month i 91 . MlTIGATING OPPORTUNITIES: Permit and processing procedures can be utilized to create incentives for low income housing opportunities. Cost associated with carrying loan amounts during the processing time are usually a part of the cost of development. Substantial delays in processing can exceed development estimates. While these costs can be absorbed by.the developer, they are usually passed on to consumers via the sales prices or rental rate. Expedited, fast track or priority processing can be utilized as an incentive for more low income affordable housing. A target of 2530% reduction in processing time can be utilized to reduce carrying costs by the developer that would be passed on to reduce cost associated with the project. CONSTRAINTS: CALIFORNIA ENVIRONMENTAL QUALITY ACT Under the California Environmental Quality Act,(CEQA) developments or actions defined as projects, unless otherwise exempted under specific CEOA guidelines, are required to undergo an assessment as to the impact the project will have to the environment. This assessment determines if a substantial or more detailed effon will be needed to assess the full impact or a determination that it will not have a significant impact. Developing rural areas, and environmentally sensitive areas that include lagoons and wetlands are particularly sensitive to the impacts of urbanization. Assessment and mitigation of these impacts are sometimes lengthy and meticulous adding extra cost to the development. Identification of impacts that cannot be mitigated may preclude development altogether. Carlsbad has a substantial amount of environmental constraints due to its sensitive habitats, coastal location and conservative approach to preserving its unique natural surroundings. These constraints may preclude, reduce, or in most cases, slow down construction of new housing in Carisbad. MITIGATING OPPORTUNITIES: The California Environmental Quality Act provides opportunities for 'tiering' environmental reviews. Projects that require a comprehensive review and assessment with an ensuing Environmental Impact Report often may contain specific mitigation measures to offset impacts. When a project requires multiple phases for completion, assessment and mitigation details can be Included in the environmental impact report. Subsequent phases of the development may preclude further general or detailedenvironmental review. This may lead to faster proceszing of projects after a master environmental review and assessment and mitigation of impacts is completed and can be utilized for subsequent EIR'S. Additionally, as environmental impact repons may require mitigation measures for adverse impacts, new strategies to mitigate these adverse effects can be introduced. A jobs housing balance is a strategy to reduce energy consumption and auto emissions by locating housing and jobs closer together. Carlsbad with its predominantly single family housing construction over the last 2 decades and the creation of lower paid retail and manufacturing jobs, has created an imbalance of a residence population and a secondary employment population that tax the existing roadway capacity to the maximum at the traditional rush hours. By creating a better mix of housing styles and types to create a greater range of and number of housing units for the current and future employment population, would also place employment and housing closer together. A mitigating effect is created. to conserve fuel, reduce emissions, and reduce traffic impaction. 92 CONSmAINTS: ARTICLE XXXIV OF THE CAUFORNIA CONSTINTION Secrion 1 of Article XXXlV of the California Constitution provides thzr no 'low rent housing project shall be developed, constructed, or acquired by any 'state public body' until voter approval has been obtained. The elGion requirement of Article XXXlV could limit the participation cf a public body in the development of low- and moderate-income housing because of the delays, uncertainties and potential additional expenses associated with local elections. ,." . i' MITIGATING OPPORTUNITIES: In general, Anicle XXXlV requires that two criteria be met: (a) a 'state public body' must 'develop, construe. or acquire', (b) a 'low rent housing project.' Anicle XXXlV would be inapplicable if one of these criteria was absent. It would be possible to confine the role of a public body in a housing devslopment so that cne of the two criteria is not met and an Anicfe XXXlV electicn would not be required. In order to clarify Article XXXIV, in 1976 the Legislature enacted the Public Housing Election Implementation Law (Health and Safety Code, Section 37000 et sea.1. According to that, a 'low rent housing project' does not include the following types of development: a. Housing with 49% or less lower income occupancy, that is privatety owned and is not exempt from property taxation (unless fully reimbursed to all taxing entities); b. Housing that is privately owned, is not exempt from property taxation by reason of any public ownership and utilizes land banking, property acquisition resale write down, guarantees and insurance of private loans and other assistance not constituting direct long-term financing from a public body; C. Housing that is developed for owner occupancy rather than rental occupancy: d. Housing consisting of newly constructed, privately owned, one IO four family dwellings not e. Housing that consists of existing units leased by a state public body from a private owner; f. Rehabilitation, reconstruction or replacement of an existing low rent housing project located on adjoining sites: and " x. /' A. Public Lody invoivemenr limited to these types of housing developments would still help provide low- and moderate-income housing and would not be subject to the Anicle XXXlV election requirement. ' Not all aaivities carried out by public bodies can be defined as 'development, construction, or acquisition' of a low rent housing project. The meaning of 'develop, construct or acquire' would not be applicable if the agency's involvement in providing low- and moderate-income housing is limited to offering the following incentives and concessions: a. Reducing or waiving of planning fees, building plan check and permit fees, or Streef dedication or infrastructure improvements; b. modifying or reducing development standards; d. pass through of land. C. granting density bonuses: or .. 93 i The California Supreme Court in California Housinq Finance AQency v. Elliot (17 CaJ.3d 575 [1976]) concluded that whenever a public body very extensively participates, or assists in not onty making a low rent housing project possible but also fully fegulating the project so that the result is that the government is essectially the landlord, the matter will be subject to the Article XXXlV election requirement, Thus, a public body that grants a loan for a low rent housing project and the loan is conditioned on typical government agency requirements such as review and approval of plans, project financing, operation and maintenance standards and occupancy would generally constitute development and construction of the housing project and fulfills the criteria for applicability of Article XXXIV. Any mortgage revenue bond issued or direct financial assistance given by a public body to assist in the development of a low rent housing project would necessitate an Article XXxlV election if these other criteria are also met. On November 4, 1980, the following measure (Proposition X) was placed on the Carlsbad ballot for voter approvat. 'Do the qualified electors of the City of Carlsbad, pursuant to Article XXXlV of the Constitution of the State of California, approve the development, construction, and acquisition of low. rent housing projects by the City of Carlsbad, or other City-designated public agency, not IO exceed 250 total units 'on scattered sites throughout the City to provide living accommodations for low-income senior citizens?' Carlsbad voters approved this Article XXXlV referendum to allow no more than 250 units of senior low- income housing. However, this authority has not yet been exercised. 94 CONSTZAINTS: STAFFING 1 Constraints to housing opportunities may also include insufficient staffing. Federal, State and Local regulatcrj procedures often call for substantial review of development prior to construction. Staffing to fulfill current requirements and for additional regulatory procedures must be identified as a constraint for housing if sufficient staffing to meet processing goals and time lines are not alloczted. Community Development activities such as Planning, Building and Engineering functions are impaaed by the pace and magnitude of development. In addition. as the administration of housing programs are a function of the City's Housing and Redevelopment Agency, creation of additional low-income housing opportunities and the administration of them, may require additional staffing. Review cf the City's previous element has shown that a variety cf programs were never effectively implemented due to the increased staff time required for additionaI hcusing programs. Future programs that add additional administrative tasks to staff will also fail to be implemented if sufficient staffing time is not avatiable to administer additional housing programs. MlTlGATlNG OPPORNNITIES: Insufficient staffing and under-budgeting of positions in City Depanrnents may also act as constraints to housing. Implementing programs to increase affordable, or the production of low income units, are . dependent on adequate staffing. Frequently these programs are prioritized below other administrative and regulatory tasks and as such are not implemented on a timely basis. Housing programs that require more administrative and managerial time may result in a need for more staff for it to be effective. The City may need to allocate additional financial resources to assure sufficient staffing for housing programs. i "._ 95 NONGOVERNMENTAL CONSTRAINTS Constraints that are usually beyond the local jurisdiction to control are labeled as non-governmental constraints. Several of these constraints are defined at the State and Federal level but must be addressed by the local jurisdiction Sometimes under guidelines that are detrimental to the construction of housing. CONSTRAINTS: FINANCING Financing is a key component of housing development. Financing can be broken down into two key categories: takeout (construction), and permanent (mortgage). Construction financing is usually short- term in nature and is used for acquisition and development of property. Mortgage or permanent financing is the long-term financing of the project. This debt usually buys out the construction financing and is serviced by income received from rents or sales. If financing. either takeout or permanent, is not available for any of the reasons listed below, new construction will not occur. * Recent developments in the banking and financing industry have had substantial impact on the development of both multi and single family housing. Several recent events have had major effects on the supply of money 'that has traditionally been used to finance affordable housing. . The 1986 Federal Tax Reform Act substantially changed the rules for real-estate investment with particular regards to multifamiiy construction. Recent legislation has reduced tax benefits normally associated with investment in multi-famiiy development. This has had the effect of reducing the amount of money available for multi-family construction. 1989 Federal Savings and Loan Act restructured and added new regulations to the Savings and Loannhrift Banking Institutions. These changes limited (1) the amount of money that could be lent to one borrower, and (2) mandated extra capitalization resewes for all Savings and Loans as a ratio to money lent. (This has had an impact on the ability to acquire money for acquisition and development and for permanent financing.) Impacted the hardest were multi-family builders and small developmen! (<IO0 - units) companies who usually only used one or two lending sources for their developments. AVAILABILITY AND USE OF PUBLIC FINANCING. Funds that are available through Federal, State, and Local sources are referred to as public in nature. These funds are usually made available at below market (private) interest rates for purposes of providing low-income housing opportunities. These funds are not widely available and are restricted in their use. With the decrease in private market financing for multi-family development, the demand for this financing has grown. Competition for these funds is high and availability is not always consistent. The additional constraint to using government financing is that of restrictions of use and a high administrative burden that sometimes accompanies these funds. Many cities have chosen not to compete for these,funds as they do not have the administrative capability to manage them. 96 Table 49 below contains July 1990 rates for construction and rnonsage loans for several major banks. !.. . The effects of mortgage rates on housing affordability is indicated in Table 48. Tabfe 50 shows the prevailing rates of some government sources of funds. TABLE 48 THE EFFECTS OF CHANGES IN INTEREST RATES ON ME COST OF A HOME LOAN. 560,000 $440 5483 5527 S71 $61 7 580,000 $587 5644 $702 $762 . $803 31 00.000 $734 $804 $878 $952 . $1028 51 20,000 $880 $961 $1 053 $1 143 $1 234 51 50.000 $1 100 $1 207 $1 31 6 $1 428 $1 543 5200,000 $1 467 $1 609 $1 755 $1 905 $2057 TABLE 49 Fixed Rare First Lender - Wells Fargo Securiry Pacific Fixed Rare Seconds Far West Headand Adiusrable Rate First Int Lender - Rate Union Bank 8.625 Wells Fargo 8.75 MORTGAGE INTEREST RATES Int Rate . &r - P ts 10.25 10.53 2.0 10.125 10.40 2.0 10.75 11.16 2.0 11.12s 11.54 2.0 - APR - Pts - Index iMarpin 10.97 12.5 1 yIB 2.60 11.3 1.75 6 MTB 2.75 Source: Sari Diego Union - July, 1990 SANDAG (page 105) . Max &r - Loan 30 S187,450 30 S187,450 IS s93,725 15 $93,800 Rare Neg Max AdJ - hot 6 Mo No 13.75 6 Mo No 14.0 f-: 97 Table 50 contains the cost of funds by several governmental sources. TABLE 50 1 Prime Rate MONEY RATES AS OF 12-20-90 10% I Federal Funds Rate high 7 S/16% (-), low 7 3/16%(-) I 8 1/8% (+> one month 7 13/16% (-) three months 7 5/8 (-) one year Treasury Bills 6.86% (-) 13 weeks, 6.74% (-1 26 weeks Freddie Mac 30-year fueU30-day delivery 9.63% (-1 Fannie Mae 11th Dismct COF 30-year fueU30-day deliver 9.53% (-1 For December '90 8.05% (+> The above key races are a general guide only, they should not be used for acrual aansacno& and no warranry to their accuracy is rendered. Source: tin Walron. Fint California Mortgage 98 .. MITIGATING OPPORTUNITIES: - Financing consmints may be Overcome by several financial tools zvailable to create more affordable housing. MORTGAGE REVENUE BONDS These are bonds sold by the City to create a pool of money for subsidized mortgages The bonds are serviced through a return rate on the mortgage or resold on the bond market. The up-front cost of issuing bonds are prohibitively expensive for a small issuing. To reduce the ‘up-from cost of the issuance of a Mongage Revenue Bond that will cover only a small mount of mortgages that a crty may wish to offer, many cities have formed pools in a cooperative effon 10 spread the upfront cost among several cities or housing authorities. Mortgage revenue bonds can be issued for mutti-family or single family developments, but multi-family bonds have become less in demand and more difficult to issue due to recent changes in the tax code. PUBLIC FINANCING The State Housing and Community Development Agency, and HUD offer construction. rehabilitation, and permanent financing as low as 3% to qualified applicants such as housing authorities or private not-for- profa developers. These. funds are competed for based on participation of other funding sources and local need. A brief list of these programs is listed below: Federally funded rehab and construction programs; Section 202 Oirsct loans for elderly and handicapped houaing. Sodon 502 Rural homo ownenhip aminance. Section 51 5 Rural rental housing assistance. Seaion 17 Rental housing rehabilitation. Seaion 31 7 Rehabilitation IOMS. Housing Md Community ~avelopmem Ac! Block Grants. Family Housing Oemonslration Program (HCD) Home Mortgtge Purchnse Prcgmn (CHFA) Prodevelopment LOM Program (HCD) , Rental Housing Construction Program (HCD) Rental Housing Mortgage LOM Program (CHFA) Sell Help Housing (CHFA HCO) AB 665 (1982) Bonds - Renter occupied construaion Funds aurhorized by the Mark-Furon Residential Rehabilitation Ad and Sa 99 - NOW consimdon California Energy Conservation Rehabilitation Program Oefened Payment Rehabilitation Loan Fund (HCO) Homo Ownenhip Mortgage Bond Program (CHFA) Home Ownemhip Assistanco Program (HCD) Matching Down Payment Program (CHFA) Natural Oisasler Aisistancs Program (HCD) Non Profii Housing Program (CHFA) Fumwcrker Housing Gtant Program (HCD) Mebilohomo Pwk Assistance Program (HCD) SUO L.galiz.lion Impact Assistance Grant Program (HCO) SLamfLocal Multilamily Program (HCD) Fedrrd Emergency Shelter Grants Program (HCD) Senior Citizen Shared Housing Program (HCD) State funded rehabilitation and construction programs; This list of financial and assistance programs is not all-inclusive, and many programs may not have funding availability at this time. It is important that the City familiarize itself with the application .process and availability of these funds. i . .. . 4. ‘c, 99 LOW INCOME PERMANENT FINANCING A consonium of banks and savings and loans has formed an organization (SAMCO) designed to offer private below market permanent financing for low-income projects. This organization, based in San Diego, is a prime source for below market financing needed for low income projects. COMMUNITY REINVESTMENT ACT This Ac: requires lending institutions to report on their lending activities and how they meet the needs of the community. Lending institutions may face official sanctions for not meeting performance goals. A City may have a program to evaluate an institution’s lending practices fcr its community. It may impose its own sanctions. These sanctions may include withdrawal of funds by the City, or cooperating businesses, from lending institutions who have not made adequate mortgage or construction financing loans in their communrty. REDEVELOPMENT SET-ASIDE FUNDS Currently State Law required that 20% of tax increment returns be set aside for low-to-moderate income housing. This is a good source of gap funding or equity positions the City may wish to participate in with qualified low income residential projects. COMMUNITY DEVELOPMENT BLOCK .GRANT FUNDS The City of Carlsbad uses the Federally entitled grant funds to support a wide range of services and programs that benefit the community’s lower and moderate income households. CDBG funds may be used for housing purposes in the acquisition of land using these funds and in the funding of rehabilitation and preservation programs. The CDBG funds may also be used to fund a wide range of planning studies and programs which will benefit low and moderate income households. 100 CONS~AINTS: PRICE OF LAND The price of land varies depending on location, improvements and use. The cod of land in Carlsbad is a prime consrrajnt in providing affordable housing opportunity. Carlsbad contains a significant amount of land with coastal views; a premium that is added to the cost of land. In addition location facton such as proximity to freeway access, public facilities, and intangible factors such as image and quality of life contribute significantly tO demand and price. The cost of improving the land, grading and added infraszncure also contributes to the final costs. Carlsbad has a considerable amount cf land located in hilly tOFCgraphy. me added costs of grading required as well as the additional engineering and improvement costs are greater as opposed to flat level land. Costs associated with land have traditionally contributed to around 40 percent to the cost of a home. In Southern California the price of land and its prepararion sometimes may be as high as sixty percent The price of land is also determined on the number of units that the land may yield after constraints such as topography, environmental Consdm and density are factored in. The actual yield may be far below the allowable densrty. land prices in Carlsbad vary substantially. Undeveloped vacant land with varied topography and no improvements is approximately SI 00-250,000 an acre, with coastal view land slightly higher. lnfill residential land, with all improvements may run as high as bl million an acre depending on location and densrty. The added value and price of land in Carlsbad has severely limited market-rate financed construction for low-income households. MITIGATlNG OPPORTUNITIES: Land prices are generally determined in .the market place. As such, the availability of non constrained developable acreage suitable for residential development is higher in areas Closer to significant employment centers and areas with significant desirable attributes, i.e.. coastal vs. inland. Carisbad has substantial acreage that falls within these anributes. Land pricing is also a factor of yield or return. Land COSTS are also determined on 'how much' or yield of development that can occur upon a specific property. This yield is a product of the General Plan Density which often determined housing product type, infrastructure or the amount of acreage needed for public improvements. net developable acreage and general market conditions. .. Final land prices are determined by how much (if any) entitlement are secured for the land. This is . imponant if the land is sold and currently undeveloped but has secured entitlement to build. Price can be affected by knowing there are considerations such as low income housing that need to be included in the project. This may affect the projecr pro-formz 2nd the selling price of the property may .be adjusted to compensate for this. Other techniques may be used to supply land at reduced prices. These incfude: IMMINENT DOMAIN/FRIENDLY CONDEMNATION To assure an adequate supply of housing in all income ranges a city may choose to acquire suitable property to assure this need is to be met. Propeny acquired through friendly eminent domain proceedings is subject to fair market value but substantial tax benefits may accrue to the owner of the parcel. Propeny that is acquired by this method through 'friendly' negotiations USUally arrive at an equitable disposition and the property may be acquired at a be!ow market price. 101 LAND BANKING Land thzt be acquired or purchased that may not be currently used for housing but may be given entitlement at a future date, could be acquired by the City. This lad could be resold with entitlement to a non-profit developer at a reduced price to provide housing affordable to lower income households. Land may be accepted as an' in-lieu contribution for an inclusionary housing requirement. Land purchased or contributed for the purpose of residential construction must be suitable for the appropriate density. GOVERNMENT/PUBLIC LAND Surplus property that is owned by the City or another public entity can be acquired to provide potential housing opponunities for lower income households. Surplus property is then passed on to a developer at a negctiated reduced price in exchange for a requirement for more housing affordable to target income groups. CONSTRAINED ACREAGE Developable acreage that is constrained due to government control, may be utilized to increase yield of developable acreage. Currently Carlsbad does not give density credit to acreage that is constrained due to several factors. Density credits may be given to this land and transferred to an adjacent property for the purpose of low income housing. CONSTRAINTS: COST OF CONSTRUCTlON Construction costs may contribute significantly to the affordability and cost of housing. Factors that contribute to construction costs are referred to as 'hard costs' and typically refer to labor and materials. Soft costs are typically a developer's overhead, and carrying costs on acquisition or conaruction loans. Carrying costs are associated with finance and lending constraints as well as processing times as referred to earlier in this section. LABOR Labor costs are significantly higher in the southern California region than averages nationwide for similar employment. The prevailing wage for construction is $1 2.00 - $22.00 per hour average depending on skill, experience, and labor union affiliation. AVERAGE CONSTRUCTION COSTS COST PER SQUARE FOOT The cost per square foot for construction is a general average for the San Diego Region. This may vary from builder to builder based upon a number of factors. The average residential construction cost per square foot is indicated: Multi-Family Single-Family (detached) .. $38.00 - $45.00 per square foot $50.00 - $56.00 per square foot Single-Family (attached) $48.00 per square foot 102 MITIGATING OPPORTUNITIES: Cosrs of construction in this section refers to labor and materials. The typical labor rate for construction workers depends upon the level of skill associated with the job, whether it is union or not and the availability of construction workers. 8 Opponunities exist for reduction of costs associated with construction. These include, but are not limited to: FACTORY BUILT HOUSING/MANUFACTURED HOUSING Using new technology, manufactured homes may represent new shelter opportunities in the low and moderate income range. Some of the housing construction is conducted offsite and transported to the construction site. A fast growing alternative to onsite development, construction of flooring and framing is done in computer controlled factories and then transponed onsite for assembly. Estimates on cost reductions using these methodologies may be as high as 30%. The City could encourage developers to take advantage of these type of programs. The product is identical in appearance to Custom onsite stick built single family or multifamily produd Residential-manufactured home developrnent(R-MHD) are residential developments that have characteristics common to both multi-family and single-family neighborhoods. R-MHD are income producing properties as are multi-family complexes, but individual detached manufactured homes in the development are owner occupied. Home owners enter into a long-term lease with the partnership or corporation(which may be owned by the tenants) which manages and maintains community infrastructure. R-MHO are typically pegged to area apartment rates. The lifestyle and density patterns are decidedly single-family in narure. R-MHO compete in the shelter market between multi-family and condominium. DEVELOPMENT STANDARDS Development standards, either modified or as pan of administrative policies, sometimes add extra cost 'oscause of additional materials required and extra labor. A significant reduction of costs from a modification or waiver of the standards can be anained and passed on io the savings of the unit for low- income housing. CONSTRUCTION MANAGEMENT Development of affordable and low cost housing is sometimes accomplished through special construction management techniques. Companies that specialize in low cost housing utilize these special management techniques to cut costs. In any low income development, this should be a requirement. 103 ENVIRONMENTAL CONSTRAINTS The City of Carlsbad faces several major environmental constraints. These constraints are outlined briefly in this section. These constraints may be significant in that mitigation measures may include restriction on development that would reduce the net developable acreage in Carlsbad. CONSTRAINTS: ENDANGERED SPECIES Currently there are several species of flora and fauna that have been assessed as being endangered for survival. Under the Federal Endangered Species Act which was designed to prescribe species that may be threatened with extinction, the federal government may supersede local authority to preserve habitat of the endangered species including moratoriums or restrictions on local development unless a management or mitigation measure is identified or implemented. Currently there are several species of floral and fauna that are listed on the state and federal endangered species list. These are indicated in table 51. . .. 104 TABLE 51 Themost significant species list in Carhbad is the California Black-Tailed Gnatcatcher. This bird has been requested to be officially listed as an endangered species. A significant amount of its habitat (coastal sage scrub) is prominent in undeveloped areas of Carlsbad and the coastal region. If the gnatcatcher is listed as an endangered species and there is no mitigation plan, major undeveloped areas of the City would be closed to funher development. MITIGATiNG OPPORNNITiES: Potential exclusion of development for the project protection of endangered species may be avoided should a management plan to mitigate the effects of development be adopted by the City and approved by the appropriate state, federal and local agencies. Currently Cartsbad is preparing a management plan for the California Gnatcatcher, a species that may or may not be placed on the endangered species list. This plan would provide an in-depth study as to the habitat, number and location of the species, mitigation effons and a monitoring plan. If implemented. development could possibly proceed providing that mitigation effons were acceptable and provided for that development. This plan could be a bench-mark to provide accegable management and monitoring plans for other endangered species of flora and fauna. .. 105 t CONSTRAINTS: DROUGHT AND WATER SUPPLY Climatological factors such as drought conditions may constrain housing, both in construction and long term availability CONSTRUCTION Water reserves in a region drop and conservation becomes necessary as mandated in various stage alerts, construction grading becomes a low priority and is sometimes halted. This may push back construction scheduled and add additional costs to housing. LONG TERM AVAIUBILIN. Long term availability of water is allocated on a state and regional level and is sometimes beyond the purview of local municipal governments. On a city's jurisdiction may provide restriction in development in the long term if in coordination with local water authorities. MITIGATING OPPORTUNITIES: Water conservation efforts in developments that would significantly reduce water consumption rates may be included as an incentive for low Cost housing for future housing developments. The use of water saving appliances and increased xerophytic landscaping that are consistent and compatible with the City's 'Landscape Standards should be encouraged with ties to incentives for low income housing production. Xerophytic landscaping may be substituted for normal 'lush' landscaping standard for low-income projects. & Water conservation'would also be encouraged by requiring the use of reclaimed water for grading purposes during construction periods. Additional incentives for development may be given if water conservation fixtures and appliances are utilized in new construction. Retro-fitting of existing housing units with water conserving appliances or fixtures should be encouraged. During times of wafer alerts and shortages, retro-fitting and the savings produced may allow residential development without a net increase in water consumption. 106 CONSTRAINTS: TOPOGRAPHY Topography is sometimes a key Constraint to housing development. as it removes significant acreage in the city from development and contributes to the land prices. Caisbad, through an adopted Hillside Develocrnent Ordinance, does not allow Significant amounts of gading without required regulatory permits. Land that has slopes of over 40% is preduded from calculating density on the site. Slopes under 40% and greater than 25% are allowed one half of the site’s density. Caitsbad has over 5,000 acres that are consrained topographically. Hilly land that is allowed for development has significarrtty more costs associated with its improvements than flat level land. These cost are usually passed on to the home buyer or renter. MITIGATING OPPORNNITIES: The City in order to achieve development compatible with the community and preserve unique scenic qualities of hillside topography tias developed a hillside ordinance. Provisions of this ordinance calls for no residential development on hillsides with slopes greater than 40%. On slopes with densty greater than 25% but less than 40%. density is reduced by one half. A possible incentive for low income housing would be a densify credit in hillside acreage of slopes greater than 25% or less than a%.. This would increase the yield of low income units over what normally could be provided, especially with developments in hillside areas. The city may make in-kind contributions to odoffsite improvements to lower the cost and pass it on. These contributions should be offered as an incentive especially to lower income housing. CONSTRAINTS: SENSlTiVE HABITATS Carlsbad has three coastal lagoons. These lagoons contain a significant amount of migratory birds and . oiher unique flora and fauna. Presewation of these habitats is a key goal in land decisions by the City. Sensitive wetland and riparian habitat may also significantly impact development. t . s.. . MITIGATING OPPORTUNITIES The City currently has several sensitive habitats. These include three lagoons, Buena Vista, Agua Hedionda. and 8atiquitos. In addition, the City has several watercourses and accompanying riparian habitat. These lands are pan of acreage that are adjacent to or within lands that hsve the potential to be developed within the next decade. Currently identified sensitive habitats are listed as constrained lands and not developable. This does not affect the net developable acreage as indicated in the Vacant Land Inventory which removes this acreage as constrained lads. Preserving this habitar is essential to other land use and quality goals the City has set. Opportunities to preserve these natural settings as identified through environmental assessments and other means. may be enhanced by providing density credits on developable residential acreage on these sites if the increase in density would achieve a housing element goal for low income housing needs. 107 CONSTRAINTS: COASTAL ZONE Currently a significant portion of undeveloped acreage is situated in the State designated coastal zone areas. Development activities of significant impact must be approved by the California Coastal Commission in addition to local approval processes. Often, to protect coastal resources significant changes or reduction in residential unit yields or densities are required for project approval. These requirements may significantly affect production of lower income units in coastal zone areas. Carisbad has additional regulatory policies to presewe agriculture and scenic resources contained in its Local Coastal Plans approved by the State. Until this revision of the Housing Element, the City of Carlsbad had mistakenly believed itself to be exempt from ponions of Government Code Section 65588 and 65590 (collection of Coastal Zone housing data), pursuant io Public Resource Code, Division 20 Section 30519.1. The City now understands that it must fully implement these Governmental Code Sections. Specifically, the City must collect and report Coastal Zone housing data including, but not limited to, the following: 1) The number of new housing units approved for construction within the coastal zone after 2) The number of housing units for persons and families of low or moderate income, as January 1, 1982. defined in Section 50093 of the Health and Safety Code, required to be provided in new housing developments within the coastal zone or within three miles of the coastal zone. 3) The number of existing residential dwelling units occupied by persons and families or low or moderate income that have been authorized to be demolished or convened since January 1, 1982 in the coastal zone pursuant to Section 65590 of the Government Code. 4) The number of residential dwelling units occupied by persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, that have been required for replacement or authorized to be converted or demolished as identified in paragraph 3). The location of the replacement units, either onsite, elsewhere within the locality's jurisdiction within the coastal zone, or within three miles of the coastal zone within the locality's jurisdiction, shall be designated in the review. After researching the matter, the City believes that it is not now possible to recapture the data (in particular, regarding affordability) from previous years. It is possible to conclude that due to the recent adoption and implementation of the Growth Management Ordinance, only a few housing units have been constructed within the coastal zone in the recent years. In addition, we believe that .very few (if any) affordable housing units within the coastal zone have been demolished or converted since 1985. Realizing our responsibility, the City will henceforth monitor'and record data on housing units constructed, converted, and demolished within the coastal zone, as indicated in Housing Element Policy 26. MITIGATING OPPORTUNITIES: Although the City's current coastal zone plan does not mandate low income housing as 3 provision of development as some plans do, opportunities using density bonus ordinances would be utilized in coastal zone development. Currentty most of the City's existing low income housing stock is within the City's coastal zone. Preservation and rehabilitation programs may be mandated and implemented through this program. The city will also implement an inclusionary housing program for ail master or specific planned communities, several of these communities are located in the coastal zone, there will be significant contributions to tne low income housing stock in the coastal areas through this program. Map C depicts the City's coastal zones. 108 .. CONSTRAINTS: AGRICULTURE LAND/WILUAMSON ACT The City cf Carisbad has a large amount of agricultural land (400 acres) currently that is under the Williamscn Act, which is designed 10 preserve longer term agricultural land for that u8. The City's policy is that aSricutture will not be a long-term land use for the city and will eventually be phased out. These areas have not been designated for future use as residential as it is primm'ly in areas not planned for residential development such as steep hillsides and airport impact zones; MITIGATING OPPORTUNITIES: The ultimate use for all agricultural land including lands under the Williamson Act will most likely be determined on the physical Constraints and the market conditions at that time. Much Of the land under long-term agricultural preservation is not suitable for future residential development as there may be significant land use, i.e., airpon. environmental, coastal constraints. These constraints may include topography and the City's Growth management caps which limits the amount of total residential units as build out. 109 MAP C CARLS~A;; LOCAL COASTAL PROGRAM (LCP) SEGMENTS EAST 8ATIQUITOS LAGOONIHUNT a WEST 8ATIOUITOS LAGOON/SAMMIS a REDEVELOPMENT AREA r CONSTRAINTS: AIRPORT LAND USE PUN Carlsbad is home to the McClellan-Palomar Airport, a public general aviation facility. In 1970, the State of California enacted a law requiring the formation of an Airport Land Use Commission in each county containing a public airpon. Among the duties of this Commission is the formulation of a Comprehensive Land Use Plan (CLUP). In San Diego County the San Diego County of Governments(SAN0AG) has been designated as the Airpon Land Use Commission. In 1974 the original Land Use Plan for the McClellan- Palomar Airpon was adopted and in 1986 a revised plan was adopted. The plan was adopted to assist in ensuring compatible land use development in the area surrounding the McClellan-Palomar Airport. The plan contains the Airport's Influence Area. projected noise contours, ciear zone, flight activrty zone, land use compatibility matrix and recommendations. The significant restrictions to housing and residential development are within the flight activity zone and within certain projected noise Contour levels. The flight activity zone contains areas restricted from cenain uses due to crash hazards. The projected noise contour levels are used to quantify noise impacts and to determine compatibilfty with land uses. Noise leveis are quantified based on a descriptor of daily noise level, the community noise equivalent level (CNEL). The boundaries of these levels are defined as *contours* and are depicted on the Airpon Noise Contour Map, MAP 0. The contour does not define a land area in which residential uses are unsuitable. Rather, the contour identifies an area in which mitigation measures may have to be utilized to reduce the impact of aircraft noise on dwelling unit$ other than single family detached. State Noise Standards have adopted the'65 CNEL contour level as the value defined as a boundary within which the noise environment is not suitable for residential use. MITIGATING OPPORNNITIES: The General Plan Land Use Map of the Land Use Nernent of the General Plan for the City of Carlsbad +, shows the area around the McClellan-Palomar Airpon as being industrial in nature, with some agricultural ' .- uses. There are no residentially zoned lands and the Land Use Map indicates future Industrial and Open Space Use. Although the area is primarily industrial there does exist opponunities for residential habitation. The PM zoning district of the City's Zoning Ordinance allows multifmity residential development of up to 40 units per acre providing it seryes with or is built in cocjunction with adjoining industrial development Any multifamily development within the 65 CNEL is subject to a noise study and mitigation measures. . .-\ The area around the airpon also allows commerciai land uses that may include, hotels, motels or semi- transient commercial housing structures such as Single Room Occupancy Hotels. Transient Shelters are also allowed in Industrial areas with a conditional use permit. 111 f MAP 0 VACANT LAND INVENTORY The Crty of Carlsbad has a substantial amount of vacant and develcpable residential land. This vacant \. land is itemized by General Plan land use Category in Table 53. Carlsbad has approximately 6621 acres of residentially designated land currently undeveloped or underdeveloped remaining in the crty. Of this total remaining unconstrained residential acreage, approximately 94 percent has a density of 6 units an acre and under. Of the remaining 6 percent, 390 acres have medium high density of under 12 units per acre and 60 acres, or one percent, of the remaining developable acreage has a densrty of 19 units per acre. The total number of units that this acreage may yield according to its densrty limitations imposed by the general plan and growth control point is indicated below. TABLE 52 AcreageNnlt Yield ACRES General Plan Density (Growth Control Point) ESTIMATED -YIELD OF UNITS. 1391.14 Residential Low (1 .O) 1391 3431.35 Residential Low Medium (3.2) 10980 1347.69 Residential Medium (6.0) 8086 390.42 Residential Medium.High (1.5) Ma9 59.91 Residential High (19.0) 1138 6620.57 26084 The above-noted undeveloped residential acreage total (6,620.51 acres), is not completely accurate because all recent development approvals on previously vacant lands located witnin Local Facilities Management Zones 1-6 and 19 have not been entirely accounted for. Despite this, the remaining buildout capacity of 26,084 dwelling units, as shown on Table 52 is very cfose to the estimated remaining Citywide . buildout capacity of 26,576 dwelling units. It is anticipated that additional acres of higher densrty land use designations (AH and RMH) will result from the use of'the surplus units locassd in the Citywide Excess Bank to increase site densities that will enable the production of affordable housing. The City of Carlsbad also has additional acreage that is under-developed that is Situated in built-out or in-fill areas of the city. This area is predominantly in the Nonhwest Quadrant of the Crty. These areas contains 3 levels of potential developable residential land. The first level is vacant in-fill land which is land parceled in small lots within the older and' built-up parts of the city. This land is residentially zoned and designated for residential development in the General Plan Land Use map. The second level would be under-utilized land which contains parcels of land developed but not to their highest density. . .*. .. ' .." The third level would be land that would be transitional in nature, commercial or industrial land that could be utilized for mixed use or residential development. 113 I f It is estimated that around 10 percent of the total developed acreage may fit into these categories. This would add approximately 700 acres to the existing vacant land. A unit yield would be difficult to estimate given the more stringent development controls given to in-fill residential projects and the van'ous densities that this acreage would be comprised. The remzining vacant land and its present densities indicate that the yield of units in the 3 highest densrty categories; RH, RMH and RM is sufficient to produce enough multifamily housing to meet the specific 5 year goals. Lower density RL and RUI, are primarily single family densities and can be used to meet moderate and upper income category housing goals. The inventory does point out a diminishing amount of RH (residential high) density remaining in the vacant and undeveloped areas of the crty. However, as discussed within the General Plan Densities portion of Section 111 of this document (page 82), there does exist in excess of 6.000 acres of undeveloped PC (Planned Community) and LC (Limited Control) zoned property within the City. In order to enable the development of affordable housing, the City is willing to accommcdate General Plan Amendments as necessary to increase residential densities up to 29 d.u./ac. on any PC or LC zoned property or any other residentially designated property (see Policy 3.7.h). There is additional under-utilized higher density residential within the redevelopment and in-fill areas of the crty. This acreage may accommodate additional units at this density range. . Under Growth Management guidelines the city may allocate 'unused' units, from projects that have been built under rhe Growth Management caps to special housing needs such as the need for lower-income units. General Plan amendments to increase densities'for projects that meet this need, or, denscty bonus provisions to increase the yield of units above the growth control point can be achieved wing the available 'bank' of unused units. An additional strategy would be to decrease the densrty in some acreage designated in the medium residential density range and increase density in the medium high or high range. This would increase the amount of acreage in the higher end of the densty range needed for multi-family housing and for special housing needs such as low-incomes housing. This strategy to increase density would not add units and would keep within the Growth Management caps but would reassign densities, if needed, to accommodate alternative housing types that need higher densities such as apartments or town homes. One adverse effect to this strategy would be to reduce the available acreage for mid-density housing such as small lot subdivisions that typically are needed for moderate- income housing. The following maps show the remaining units .to be built in each quadrant of the city. Map C shows the status of the Local Facilities Management zones. me status for each zone is important as it determines how much acreage is available for development with appropriate facilities. Within the 5 year time frame for this housing element (1 991 -1 996) 22 of the 25 zones will be available for development The remaining three zones may be available, but at this time no zone plan for facilities have been adopted. 114 0 0 0 0 0101 II ogooog 000000 ooomom 4: 000000 .e 0-ooon f .w t w c 3=000~ L. n 300000 300000 lo - 0 0 01-1 i 'p, I" I :-noor: 00 In rn (D JOOOOO n wn l0OOOO #ounon l0OOOO an n- : .- ' O O OI0I I- 0 Y 0 0;-l 0 9 0 - 0 0 0 f s! 0 r a a n 2 - - 0 0 0 0 0 0 0 0 0 ENERGY CONSERVATION IN HOUSING DEVELOPMENT. The City of Carlsbad through the introduction of a new housing goal in creating a better jobs housing balance for the crty, has instituted a strategy to encourage increased energy Conservation through reducing distance between housing and employment. A secondary benefit is the reduction of vehicular emissions and improved air quality. By reducing potential future commute time and distance for residents, conservation of energy particularty oil and gas, can be promoted. Reduction in distance and travel time may also reduce auto emissions as less commuting to work will occur. Encouragem'ent of future housing in proximity to existing and future transit and rail centers will be encouraged to reduce..driving. The City will continue the enforcement in Engineering and Building plancheck of the State Title 24 guidelines which include energy efficiency standards for new development. Additional use of energy saving appliances especially those built-in to new housing will be encouraged. The City will require all Iower-income projects that utilize City assistance or subsidy to be provided with energy efficient appliances. Through cooperative efforts with local utilities, the City will encourage retro-fitting existing housing stock with appliances and fixture that will increase energy efficiency. The City of Carlsbad currently has regulations in its subdivisions that require where possible that tuture subdivisions take advantage of solar orientation to reduce heating and cooling costs. 116 APPENDIX C Summary of Public Comments This page is intentionally blank. Appendix C: Summary of Public Comments No comments were received from the public on the draft Consolidated Plan. t .. Appendix C: Summary of Public Comments This page is intentionally blank. Appendix C: Summary of Public Comments m ADMINISTRATIVE PLAN FOR SECTION 8 TENANT-BASED RENTAL ASSISTANCE UNDER THE CERTIFICATE AND VOUCHER PROGRAMS CITY OF CARLSBAD HOUSING AND REDEVELOPMENT DEPARTMENT 2965 Roosevelt Street, Suite B Carlsbad, CA 92008 Revised March 1999 Recommended Approval by the Housing Commission on May 13,1999 Approved by the Housing and Redevelopment Commission on August 17,1999 Submitted to HUD on September 22,1999 Table of Contents A . B . C . D . E . F . G . H . I . J . K . L . M . N . A . B . c . D . E . F . G . H . Chapter 1 STATEMENT OF POLICIES AND OBJECTIVES MISSION STATEMENT ..................................................................................... 1-2 LOCAL OBJECTIVES ........................................................................................ 1-2 PURPOSE OF THE ADMINISTRATIVE PLAN .................................................. 1-3 ADMINISTRATIVE FEE RESERVE .................................................................... 1-3 RULES AND REGULATIONS ............................................................................ 1-3 TERMINOLOGY ................................................................................................ 1-4 FAIR HOUSING POLICY ................................................................................... 1-4 ACCOMMODATIONS POLICY .......................................................................... 1-5 TRANSLATION OF DOCUMENTS .................................................................... 1-7 MANAGEMENT ASSESSMENT OBJECTIVES ................................................ 1-7 RECORDS FOR MONITORING HA PERFORMANCE .................................... 1-8 PRIVACY RIGHTS ................................ 1 ......................................................... 1-10 FAMILY OUTREACH ....................................................................................... 1-10 OWNER OUTREACH ...................................................................................... 12 -I Chapter 2 ELIGIBILITY FOR ADMISSION FAMILY COMPOSITION ................................................................................... 2-2 INCOME LIMITATIONS ..................................................................................... 2-5 MANDATORY SOCIAL SECURITY NUMBERS ................................................ 2-6 CITIZENSHIP/ELIGIBLE IMMIGRATION STATUS ........................................... 2-6 OTHER CRITERIA FOR ADMISSIONS ............................................................. 2-7 SUITABILITY OF FAMILY ................................................................................. 2-7 CHANGES IN ELIGIBILITY PRIOR TO EFFECTIVE DATE OF THE CONTRACT ......................................................................................... 2-8 INELIGIBLE FAMILIES ...................................................................................... 2-8 1/1/99 AdminPlan TOC-i Table of Contents Chapter 3 APPLYING FOR ADMISSION A . B . C . D . E . F . G . H . I . J . A . B . C . D . E . F . G . H . ! . J . K . L . M . A . B . C . OVERVIEW OF THE APPLICATION TAKING PROCESS ................................ 3-1 OPENING/CLOSING OF APPLICATION TAKING ............................................ 3-2 "INITIAL" APPLICATION PROCED.URES ......................................................... 3-4 APPLICANT STATUS WHILE ON WAITING LIST ............................................ 3-5 TIME OF SELECTION ....................................................................................... 3-6 COMPLETION OF A FULL APPLICATION ....................................................... 3-6 VERIFICATION .................................................................................................. 3-8 SELECTION OF CERTIFICATE OR VOUCHER ............................................... 3-8 SELECTION OF APPLICATION/PARTICIPANTS FOR OFT0 TENANCIES .... 3-9 FINAL DETERMINATION AND NOTIFICATION OF ELlGlBlLl TY .................... 3-9 Chapter 4 ESTABLISHING PREFERENCES AND MAINTAINING THE WAITING LIST WAITING LIST ................................................................................................... 4-1 WAITING LIST PREFERENCES ....................................................................... 4-3 FEDERAL PREFERENCES .............................................................................. 4-3 INITIAL DETERMINATION OF LOCAL PREFERENCE QUALIFICATION ....... 4-4 RANKING LOCAL PREFERENCES .................................................................. 4-4 LOCAL PREFERENCES ................................................................................... 4-5 EXCEPTIONS FOR SPECIAL ADMISSIONS .................................................... 4-6 TARGETED FUNDING ...................................................................................... 4-6 PREFERENCE ELIGIBILITY ............................................................................. 4-7 ORDER OF SELECTION ................................................................................... 4-7 FINAL VERIFICATION OF PREFERENCES ..................................................... 4-8 PREFERENCE DENIAL .................................................................................... 4-8 REMOVAL FROM WAITING LIST AND PURGING ........................................... 4-9 Chapter 5 SUBSIDY STANDARDS DETERMINING FAMILY UNIT (CERTIFICATENOUCHER) SIZE .................... 5-1 EXCEPTIONS TO SUBSIDY STANDARDS ...................................................... 5-2 UNIT SIZE SELECTED ...................................................................................... 5-4 1/1/99 A&inPlan TOC-ii Table of Contents A . B . C . D . E . F . G . H . I . J . K . L . M . N . 0 . A . B . C . D . E . F . G . H . I . J . Chapter 6 FACTORS RELATED .. TO TOTAL TENANT PAYMENT DETERMINATION INCOME AND ALLOWANCES .......................................................................... 6-1 DEFlNlTl0.N OF TEMPORARILY OR PERMANENTLY ABSENT .................... 6-3 AVERAGING INCOME ...................................................................................... 6-7 MINIMUM INCOME ........................................................................................... 6-8 INCOME OF PERSON PERMANENTLY CONFINED TO NURSING HOME .... 6-8 REGULAR CONTRIBUTIONS AND GIFTS ....................................................... 6-8 ALIMONY AND CHILD SUPPORT .................................................................... 6-9 LUMP-SUM RECEIPTS ..................................................................................... 6-9 CONTRIBUTIONS TO RETIREMENT FUNDS . ASSETS .............................. 6-10 ASSETS DISPOSED OF FOR LESS THAN FAIR MARKET VALUE .............. 6-11 CHILD CARE EXPENSES ....................................................................... J. ...... 6-11 MEDICAL EXPENSES ..................................................................................... 6-12 PRORATION OF ASSISTANCE FOR "MIXED" FAMILIES ............................. 6-12 REDUCTION IN BENEFITS ............................................................................ 6-12 UTILITY ALLOWANCE AND UTILITY REIMBURSEMENT PAYMENTS ........ 6-13 Chapter 7 VERIFICATION PROCEDURES METHODS OF VERIFICATION AND TIME ALLOWED .................................... 7-1 RELEASE OF INFORMATION .......................................................................... 7-3 COMPUTER MATCHING ................................................................................. 7-4 ITEMS TO BE VERIFIED ................................................................................... 7-4 VERIFICATION OF INCOME ............................................................................ 7-5 INCOME FROM ASSETS .................................................................................. 7-9 VERIFICATION OF ASSETS ........................................................................... 7-10 VERIFICATION OF ALLOWABLE DEDUCTIONS FROM INCOME ................ 7-11 VERIFYING NON-FINANCIAL FACTORS ....................................................... 7-13 VERIFICATION OF WAITING LIST PREFERENCES ..................................... 7-19 .. 1 / 1/99 AdminPlan TOC-iii Table of Contents A . B . C . D . E . F . G . H . 1 . A . B . C . D . E . F . G . H . I . J . K . L . Chapter 8 CERTIFICATENOUCHER ISSUANCE AND BRIEFINGS ISSUANCE OF CERTIFICATESNOUCHERS .................................................. 8-1 BRIEFING TYPES AND REQUIRED ATTENDANCE ....................................... 8-2 ENCOURAGING PARTICIPATION IN AREAS WITHOUT LOW INCOME OR MINORITY CONCENTRATION ......................................................................... 8-5 ASSISTANCE TO FAMILIES WHO CLAIM DISCRIMINATION ......................... 8-6 SECURITY DEPOSIT REQUIREMENTS .......................................................... 8-6 TERM OF CERTIFICATENOUCHER ............................................................... 8-6 INTERCHANGEABILITY BETWEEN CERTIFICATE AND VOUCHER ............. 8-7 CERTIFICATENOUCHER ISSUANCE DETERMINATION FOR SPLIT HOUSEHOLDS .................................................................................................. 8-8 REMAINING MEMBER OF TENANT FAMILY . RETENTION OF CERTIFICATENOUCHER ................................................................................ 8-9 Chapter 9 REQUEST FOR LEASE APPROVAL AND CONTRACT EXECUTION REQUEST FOR LEASE APPROVAL ................................................................ 9-1 ELIGIBLE TYPES OF HOUSING ...................................................................... 9-2 LEASE REVIEW ................................................................................................ 9-3 SEPARATE AGREEMENTS .............................................................................. 9-3 INITIAL INSPECTIONS ..................................................................................... 9-4 RENT LIMITATIONS .......................................................................................... 9-4 DISAPPROVAL OF PROPOSED RENT ........................................................... 9-4 INFORMATION TO OWNERS ........................................................................... 9-5 OWNER DISAPPROVAL ................................................................................... 9-5 CHANGE IN TOTAL TENANT PAYMENT (TTP) PRIOR TO HAP EFFECTIVE DATE ................................................................................................................. 9-5 CONTRACT EXECUTION PROCESS ............................................................... 9-6 CHANGE IN OWNERSHIP ................................................................................ 9-6 1 / 1 /99 AdminPlan TOC-iv Table of Contents A . B . C . D . E . F . G . H . I . J . K . A . B . C . D . E . F . G . H . I . Chapter 10 HOUSING QUALITY STANDARDS AND INSPECTIONS GUIDELINES/TYPES OF INSPECTIONS ....................................................... 10-1 INITIAL HQS INSPECTION .............................................................................. 10-2 ANNUAL HQS INSPECTIONS ....................................................................... 10-3 MOVE OUTNACATE ...................................................................................... 10-4 SPECIAUCOMPLAINT INSPECTIONS .......................................................... 10-4 QUALITY CONTROL INSPECTIONS .............................................................. 10-4 ACCEPTABILITY CRITERIA AND EXCEPTIONS TO HQS ............................ 10-4 CONSEQUENCES IF OWNER IS RESPONSIBLE EMERGENCY .R EPAlR ITEMS ........................................................................ 10-6 (NON-EMERGENCY ITEMS) .......................................................................... 10-7 DETE'RMINATION OF RESPONSlBlLl TY ....................................................... 10-8 CONSEQUENCES IF FAMILY IS RESPONSIBLE .......................................... 10-8 Chapter 11 OWNER RENTS, RENT REASONABLENESS, AND PAYMENT STANDARDS OWNER PAYMENT IN THE CERTIFICATE PROGRAM ................................ 11-1 OWNER PAYMENT IN THE OFTO TENANCY PROGRAM ............................ 11-1 OWNER PAYMENT IN THE VOUCHER PROGRAM ...................................... 11-2 MAKING PAYMENTS TO OWNERS ............................................................... 11-2 RENT REASONABLENESS DETERMINATIONS ........................................... 11-2 PAYMENT STANDARDS FOR THE VOUCHER PROGRAM ......................... 11-4 ADJUSTMENTS TO PAYMENT STANDARDS ............................................... 11-4 PAYMENT STANDARDS FOR OFTO TENANCIES ....................................... 11-6 PAYMENT STANDARDS FOR A FAMILY ....................................................... 11-7 J . RENT ADJUSTMENTS .................................................................................... 11-7 Chapter 12 RECERTIFICATIONS A . ANNUAL ACTIVITIES ...................................................................................... 12-1 B . ANNUAL RECERTIFICATION/REEXMlNATlON .......................................... 12-2 C . REPORTING INTERIM CHANGES ................................................................. 12-4 D . NOTIFICATION OF RESULTS OF RECERTIFICATIONS .............................. 12-6 E . TIMELY REPORTING OF CHANGES IN INCOME (AND ASSETS) ............... 12-6 F . REPORTING OF CHANGES IN FAMILY COMPOSITION ............................ 12-8 G . CONTINUANCE OF ASSISTANCE FOR "MIXED" FAMILIES ........................ 12-9 1/1/99 AdminPlan TOC-v Table of Contents A . B . C . D . E . F . A . B . C . D . E . A . B . C . D . E . F . G . H . A . B . C . Chapter 13 MOVES WITH CONTINUED ASSISTANCE/PORTABILlN ALLOWABLE MOVES ..................................................................................... 13-1 RESTRICTIONS ON MOVES .......................................................................... 13-1 PROCEDURE FOR MOVES ........................................................................... 13-2 PORTABILITY ................................................................................................. 13-3 OUTGOING PORTABILITY ............................................................................. 13-3 INCOMING PORTABILITY .............................................................................. 13-5 Chapter 14 CONTRACT TERMINATIONS CONTRACT TERMINATION ........................................................................... 14-1 TERMINATION BY THE FAMILY: MOVES ..................................................... 1 4.1 TERMINATION OF TENANCY BY THE OWNER: EVICTIONS ...................... 14-2 TERMINATION OF THE CONTRACT BY HA ................................................. 14-3 TERMINATIONS DUE TO INELIGIBLE IMMIGRATION STATUS .................. 14-4 Chapter 15 DENIAL OR TERMINATION OF ASSISTANCE GROUNDS FOR DENIAL/TERMINATlON ...................................................... 15-1 "ONE-STRIKE" POLICY ..................................................................................l 5-3 FAMILY OBLIGATIONS ...................................................................................l 5-7 PROCEDURES FOR NON-CITIZENS ........................................................... 15-1 1 ZERO ($O)ASSISTANCE TENANTS .............................................................l 5-12 OPTION NOT TO TERMINATE FOR MISREPRESENTATION .................... 15-13 MISREPRESENTATION IN COLLUSION WITH OWNER ............................. 15-13 MISSED APPOINTMENTS AND DEADLINES .............................................. 15-13 Chapter 16 OWNER DISAPPROVAL AND RESTRICTION DISAPPROVAL OF OWNER ........................................................................... 16-1 OWNER RESTRICTIONS AND PENALTIES .................................................. 16-2 CHANGE IN OWNERSHIP .............................................................................. 16-3 1/1/99 AdminPlan TOC-vi Table of Contents A . B . C . D . E . A . B . C . D . E . F . A . B . C . D . E . F . Chapter 17 (For HAP Contracts Effective Before October 2. 1995) CLAIMS. MOVE-OUT AND CLOSE-OUT INSPECTIONS OWNER CLAIMS ............................................................................................. 17-1 UNPAID RENT ..................................................................................................l 7-1 VACANCY LOSS IN THE CERTIFICATE PROGRAM .................................... 17-2 MOVE-OUT AND CLOSE-OUT INSPECTIONS .............................................. 17-3 PROCESSING CLAIMS ................................................................................... 17-4 Chapter 18 OWNER OR FAMILY DEBTS TO THE HA REPAYMENT AGREEMENT FOR FAMILIES ................................................. 18-1 DEBTS OWED FOR CLAIMS .......................................................................... 18-2 DEBTS DUE TO MISREPRESENTATIONS/NON-REPORTING OF INFORMATION ................................................................................................ 18-2 GUIDELINES FOR REPAYMENT AGREEMENTS ......................................... 18-3 OWNER DEBTS TO THE HA .......................................................................... 18-4 WRITING OFF DEBTS .................................................................................... 18-4 Chapter 19 COMPLAINTS AND APPEALS COMPLAINTS TO THE HA ............................................................................. 19-1 PREFERENCE DENIALS ................................................................................l 9-2 INFORMAL REVIEW PROCEDURES FOR APPLICANTS ............................ 19-2 INFORMAL HEARING PROCEDURES ........................................................... 19-4 HEARING AND APPEAL PROVISIONS FOR "RESTRICTIONS ON MITIGATING CIRCUMSTANCES FOR APPLICANTS/PARTICIPANTS ASSISTANCE TO NON-CITIZENS" ................................................................l 9-8 WITH DISABILITIES ......................................................................................l 9-10 1/1/99 AdminPlan TOC-vii Table of Contents A . B . C . D . E . F . A . B . C . A . B . C . D . E . F . G . H . 1 . J . Chapter 20 SPECIAL HOUSING TYPES SINGLE ROOM OCCUPANCY ........................................................................ 20-2 CONGREGATE HOUSING .............................................................................. 20-3 GROUP HOMES .............................................................................................. 204 SHARED HOUSING ........................................................................................ 20-5 COOPERATIVE HOUSING ............................................................................. 20-7 MANUFACTURED HOMES ............................................................................. 20-8 GLOSSARY ACRONYMS USED IN SUBSIDIZED HOUSING ........................................... g1-1 GLOSSARY OF TERMS IN SUBSIDIZED HOUSING .............................. ,'..... g1-3 GLOSSARY OF TERMS USED IN THE NONCITIZENS RULE ................... g1-17 PROGRAM INTEGRITY ADDENDUM CRITERIA FOR INVESTIGATION OF SUSPECTED ABUSE AND FRAUD ... PI-1 STEPS THE HA WILL TAKE TO PREVENT PROGRAM ABUSE STEPS THE HA WILL TAKE TO DETECT PROGRAM ABUSE AND FRAUD .................................................................................................... p1-3 THE HA'S HANDLING OF ALLEGATIONS OF POSSIBLE ABUSE AND FRAUD .................................................................................................... p14 OVERPAYMENTS TO OWNERS .................................................................... p14 HOW THE HA WILL INVESTIGATE ALLEGATIONS OF ABUSE PLACEMENT OF DOCUMENTS. EVIDENCE AND STATEMENTS AND FRAUD .................................................................................................... p1-2 AND FRAUD .................................................................................................... p1-5 OBTAINED BY THE HA ................................................................................... p1-6 CONCLUSION OF THE HA'S INVESTIGATIVE REVIEW ............................... p1-6 EVALUATION OF THE FINDINGS .................................................................. p1-6 ACTION PROCEDURES FOR VIOLATIONS WHICH HAVE BEEN DOCUMENTED .................................................................................... p1-7 .. ' 1/1/99 AdminPlan TOC-viii Chapter 1 STATEMENT OF POLICIES AND OBJECTIVES INTRODUCTION The Section 8 Program was enacted as part of the Housing and Community Development Act of 1974, which recodified the U.S. Housing Act of 1937. The Act has been amended from time to time, and its requirements, as they apply to the Section 8 Certificate and Voucher Programs, are described in and implemented through this Administrative Plan. On October 21, 1998, President Clinton signed into law the Housing and Urban Development's (HUD) fiscal year (FY) 1999 Appropriations Act, which includes the . Quality Housing and Work Responsibility Act. of 1998 (QHWRA). The FY 1999 HUD Appropriations Act and the QHWRA together, enact measures that transform the Section 8 tenant-based assistance programs. The goal of the Carlsbad Housing and Redevelopment Department, herein referred to as the Housing Agency (HA), is to provide rental assistance to United States citizens and eligible lawful residents who are very low-income persons, families, elderly, handicapped and disabled in order that they may obtain affordable, decent, safe and sanitary rental housing in the HA's jurisdiction. In furtherance of this goal, the HA is committed to the policies and goals contained in the Housing Element of the General Plan and the Consolidated Plan for Housing and Community Development Programs. The City of Carlsbad is committed to a regional approach in meeting housing needs and cooperates with the San Diego Association of Governments (SANDAG) and with other cities in the region to encourage region-wide application of federal and state housing funds and programs. Administration of the Section 8 Program and the functions and responsibilities of the Housing Agency (HA) staff shall be in compliance with the City of Carisbad's .Personnel Policy and the Department of Housing and Urban Development's (HUD) Section 8 Regulations as well as all Federal, State and local Fair Housing Laws and Regulations. Jurisdiction The jurisdiction of the HA is the city of Carlsbad located in the county of San Diego, California. 1/1/99 AdminPlan 1-1 A. MISSION STATEMENT Helping People to Achieve Their Dreams Proqram Activities: Affordable Housing Creating a Community Spirit Rental Assistance Transportation Homebuyers Assistance Education New Construction Social Setvices Rehabilitation Family Self-Sufficiency Enhancing Opportunities Village Vision Career Development Creativity Plans Expansions Innovation 0 Revitalization 0 Goals 0 Beautification Promoting Business Development Increasing Revenues Jobs Federal Funds Sales Tax Property Tax New Products State Funds Excellent Service B. LOCAL OBJECTIVES [24 CFR 982.11 The Section 8 Program is designed to achieve these major objectives: I. To provide. decent, safe, and sanitary housing for very low income families while maintaining their rent payments at an affordable level. 2. To ensure that all units meet Housing Quality Standards and families pay fair and reasonable rents. 1/1/99 AdminPlan 1-2 3. To promote fair housing and the opportunity for very low-income families of all ethnic backgrounds to experience freedom of housing choice. 4. To promote a housing program which maintains quality service and integrity while providing an incentive to private property owners to rent to very low income families. In addition, the HA has the following goals for the program: 1. To assist the local economy by increasing the occupancy rate and the amount of money flowing into the community. 2. To encourage self sufficiency of participant families and assist in the expansion of family opportunities which address educational, socio- economic, recreational and other human services needs. 3. To create positive public awareness and expand the level of family, owner, and community.support in accomplishing the HA’s mission. 4. To attain and maintain a high level of standards and professionalism in our day-today management of all program components. 5. To administer an efficient, high-performing agency through continuous improvement of the HA’S support systems and commitment to our employees and their development. C. PURPOSE OF THE ADMINISTRATIVE PLAN [24 CFR 982.541 The purpose of the Administrative Plan “Plan” is to establish policies for carrying out the programs in a manner consistent with HUD requirements and local objectives. The Plan covers both admission and continued participation in the Certificate and Voucher programs. Policies are the same for both programs unless otherwise noted. The HA is responsible for complying with,all changes in HUD regulations pertaining to these programs. If such changes conflict with this Plan, HUD regulations will have precedence. The original Plan and any changes must be approved by the Board of Commissioners of-the agency and a copy provided to HUD. D. ADMINISTRATIVE FEE RESERVE [24 CFR 982.54(d)(22)] All expenditures from the administrative fee reserve will be approved by the HA Board of Commissioners or other authorized officials and made in accordance with the approved budget. 1/1/99 AdminPlan 1-3 E. RULES AND REGULATIONS [24 CFR 982.521 This Plan is set forth to define the HA's local policies for operation of the housing programs in the context of Federal laws and Regulations. All issues related to Section 8 not addressed in this document are governed by such Federal regulations, HUD Memos, Notices and guidelines, or other applicable law. F. TERMINOLOGY The Carlsbad Housing and Redevelopment Department is referred to as "HA" or "Housing Agency" throughout this document. "Family" is used interchangeably with "Applicant" or "Participant" and can refer to a single person family. "Tenant" is used to refer to participants in terms of their relation to .landlords. "Landlord" and "owner" are used interchangeably. "Disability" is used where "handicap" was formerly used. "Non-citizens Rule" refers to the regulation effective June 19, 1995 restricting assistance to U.S. citizens and eligible immigrants. The Section 8 Tenant-Based Rental Assistance programs are also known as the Regular Tenancy Certificate, Over-FMR Tenancy (OFTO) and Voucher Programs. "HQS" means the Housing Quality Standards required by regulations as enhanced by the HA. "Failure to Provide" refers to all requirements in the first Family Obligation. See Chapter 15, "Denial or Termination of Assistance." See Glossary for other terminology. G. FAIR HOUSING POLICY [24 CFR 982.54(d)(6)] It is the policy of the Housing Authority to comply fully with all Federal, State, and local nondiscrimination laws and with the rules and regulations governing Fair Housing and Equal Opportunity in housing and employment. 1 /1/99 AdminPlan 1-4 The HA shall not deny any family or individual the opportunity to apply for or receive assistance under the Section 8 Programs on the basis of race, color, sex, religion, creed, national or ethnic origin, age, familial or marital status, handicap or disability, or sexual orientation. To further its commitment to full compliance with applicable Civil Rights laws, the HA will provide Federal/State/local information to Certificate and Voucher holders regarding "discrimination" and any recourse available to them if they are victims of discrimination. !nformation will be made available during the initial program briefing session; HUD- 1260-FHEO Fair Housing Handbook, Discrimination Complaint Forms and applicable Fair Housing information will be made a part of the rental assistance briefing packet. This information will also be provided at the move appointment, upon request and is displayed in the HA's lobby. The Fair Housing pamphlets are available in English and Spanish. In addition, the City of Carlsbad contracts with the Heartland Human Relations Association to counsel property owners and tenantslhomebuyers on Fair Housing Law. Except as otherwise provided in 24 CFR 8.21(c)(I), 8.24(a), 8.25, and 8.31, no individual with disabilities shall be denied the benefits of, be excluded from participation in, or otherwise be subjected to discrimination because the HA's facilities are inaccessible to or unusable by persons with disabilities. Posters and housing information are displayed in locations throughout the HA's office in such a manner as to be easily readable from a wheelchair. The HA's office located at 2965 Roosevelt Street Suite B, Carlsbad is accessible to persons with disabilities. Accessibility for the hearing-impaired is provided by the State of California Communications System, TDD telephone number (760) 434-81 13, and the fax machine which can be reached at (760) 720-2037. H. ACCOMMODATIONS POLICY [24 CFR 700.245(~)(3)] This policy is applicable to all situations described in this Plan; when an applicantlparticipant initiates contact with the HA, when the HA initiates contact with a family including when a family applies, when the HA initiates contact with a family and when the HA schedules or reschedules any appointments. It is the policy .of this HA to be servicedirected in the administration of our housing programs, and to exercise and demonstrate a high level of professionalism while providing housing services to families. Persons with Disabilities [24 CFR 982.1 53(b)(6)] .. 1 /1/99 AdminPlan 1-5 The HA's policies and practices will be designed to provide assurances that all persons with disabilities will be provided reasonable accommodation so that they may fully access and utilize the housing program and related services. Reasonable accommodation will be made for persons with a disability who require an advocate or accessible offices. A designee will be allowed to provide some information, but only with the permission of the person with the disability. Upon request, a list of accessible rental units for persons with a disability will be provided. Federal Americans with Disabilities Act of I990 1. 2. 3. 4. 5. With respect to an individual, the term "disability" means: A physical or mental impairment that substantially limits one or more of the major life activities of an individual; A record of such impairment; or Being regarded as having such an impairment Those "regarded as having such an impairment" may include those with conditions such as obesity or cosmetic disfigurement, and individuals perceived to be at high risk of incurring a work-related injury. Individuals with contagious diseases who do not pose a direct threat to others are covered by the Act. AIDS victims and those who test positive for the HIV virus are considered to have a disability. An individual who has an infectious or communicable disease that is transmitted to others through the handling of food, the risk of which cannot be eliminated by reasonable accommodation, may be refused an assignment or a continued assignment to a job involving food handling. The Secretary of Health and Human Services annually will publish a list of those diseases that are transmitted through food handling. Rehabilitated alcohol and drug users are considered to be persons with disabilities for purposes of the Act. However, current alcohol and drug,users can be held to the same qualification standards for job performance as other employees. Undue Hardship Requests for reasonable accommodation from persons with disabilities will be granted upon verification that they meet the need presented by the disability and they do not create an "undue financial and administrative burden" for the HA, meaning an action requiring "significant difficulty or expense". This standard is not specifically defined in the Act. 1/1/99 AdminPlan 1-6 In determining whether accommodation would create an undue hardship, the following guidelines will apply: The nature and cost of the accommodation needed; The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; and The number of persons employed at such facility, the number of families likely to need such accommodation, the effect on expenses and resources, or the likely impact on the operation of the facility as a result of the accommodation. Verification of a Request for Accommodation All requests for accommodation or modification will be verified with a reliable knowledgeable, professional. The Housing Authority utilizes organizations, which provide assistance for hearing- and sight-impaired persons when needed. A list of known accessible units will be provided. The HA will refer families who have persons with disabilities to agencies in the community that offer services to persons with disabilities. 1. TRANSLATION OF DOCUMENTS The Housing Authority has Spanish-speaking bilingual staff to assist non-English speaking families and translate documents. In determining whether it is feasible to provide translation of documents written in English into other languages, the HA will consider the following factors: Number of applicants and participants in the jurisdiction who do not speak English and speak the other language. Estimated cost to HA per client of translation of English written documents into the other language. The availability of local organizations to provide translation services to non English speaking families. Availability of bi-lingual staff to provide translation for non-English speaking families. 1/1/99 AdminPlan 1-7 J. MANAGEMENT ASSESSMENT OBJECTIVES The HA operates its housing assistance program with efficiency and can demonstrate to HUD auditors that the HA is using its resources in a manner that reflects its commitment to quality and service. The HA policies and practices are consistent with the goals and objectives of the following HUD SEMAP indicators: 1. Selection from the Waiting List 2. Reasonable Rent 3. Determination of Adjusted Income 4. Utility Allowance Schedule 5. HQS Quality Control Inspections 6. HQS Enforcement 7. Expanding Housing Opportunities 8. FMWexception rent i? Payment Standards 9. Annual Re-examinations 10. Correct Tenant Rent Calculations 1 1. Pre-Contract HQS Inspections 12. Annual HQS Inspections 1 3. Lease-u p 14a. Family Self-Sufficiency Enrollment 14b. Percent of FSS Participants with Escrow Account Balances 15. Bonus Indicator (Deconcentration) K. RECORDS FOR MONITORING HA PERFORMANCE In order to demonstrate compliance with HUD and other pertinent regulations, the HA will maintain records, reports and other documentation for a time that is in accordance with HUD requirements and in a manner that will allow an auditor, housing professional or other interested party to follow, monitor andlor assess the HAS operational procedures objectively and with accuracy. Records and reports will be maintained for the purpose of: Demonstrating that at least 98% of families were selected from the waiting list in accordance with the Administrative Plan policies and met the correct selection criteria. 1-8 1 /1/99 AdminPlan Determining that at least 98% of randomly selected tenant files indicate that the HA approved reasonable rents to owner at the time of initial lease- up and before any increase in rent. Monitoring HA practices for obtaining income information, proper calculation of allowances and deductions, and utility allowances used to determine adjusted income for families. Demonstrating that the HA has analyzed utility rates locally to determine if there has been a change of 10% or more since the last time the utility schedule was revised. Determining that during the fiscal year the HA performs supervisory HQS quality control inspections for at least 5% of all units under contract. Determining' that a review of selected files indicate that for at least 98% of failed inspections, the HA ensures timely correction of HQS deficiencies or abates HAPS or takes vigorous action to enforce family obligations. Demonstrating that the HA provides families and owners information which actively promotes the deconcentration of assisted families in low-income neighborhoods. Demonstrating that at least 90% of units newly leased have an initial gross rent which does not exceed the FMR or approved exception rent, aside . from OFT0 tenancies, and Voucher payment standards are not less than 90% of the current FMWexception rent limit unless otherwise approved by HUD. Demonstrating that 96-100% of reexams are processed on time. Demonstrating that less than 2% of all tenant files have rent calculation discrepancies. Demonstrating that 100% of newly leased units passed HQS inspections before HAP contract date. Demonstrating that the HA performs annual HQS inspections on time for 100% of all units under contract. Demonstrating that the HA leases 90 - 100% of budgeted units during the fiscal year. Determining that the HA has filled 80 -100% of its FSS slots 1 /1/99 AdminPlan 1-9 Demonstrating that at least 30% of the HA’s FSS participants have escrow account balances. In addition to the SEMAP factors above to ensure quality control, the Housing Program Manager or their designee reviews: 100% of applicants pulled from the waiting list; . 100% of new applicant files prior to briefing; 100% of inspection booklets; 100% of new contracts; and 100% of claims processed. 1/1/99 AdminPlan 1-10 L. PRIVACY RIGHTS [24 CFR 982.5513 Applicants and participants, including all adults in their households, are required to sign the HUD 9886 Authorization for Release of Information. This document incorporates the Federal Privacy Act Statement and describes the conditions under which HUD/HA will release family information. The HA's policy regarding release of information is in accordance with State and local laws which may restrict the release of family information. Any and all information which would lead one to determine the nature and/or severity of a person's disability is "confidential". The personal information must not be released except on an "as needed" basis in cases where an accommodation is under consideration. All requests for access and granting of accommodations based on this information must be approved by the Housing Program Manager. The HA's practices and procedures are designed to safeguard the privacy of applicants and program participants. All applicant and participant files will be stored in a location which is only accessible by authorized staff. HA staff will not discuss family information contained in files unless there is a business reason to do so. Inappropriate discussion of family information, or improper disclosure of family information by staff will result in disciplinary action. M. FAMILY OUTREACH [24 CFR 982.153(b)(l)] The HA will publicize and disseminate information to make known the availability of housing assistance and related services for very low income families on a regular basis. The outreach program will inform all segments of Carlsbad's population, who may be eligible to apply, of the availability of the Section 8 program. If applicant groups are not reflective of the eligible population, additional outreach aimed at targeted groups will be increased. The HA will publicize the availability of rental assistance for very low-income families in newspapers of general circulation, minority media, and by other suitable means. Notices will also be provided in Spanish. Also, the HA will .distribute fact sheets to the broadcasting media, and initiate personal contacts with members of the news media and community service personnel. In addition, the HA will utilize public service announcements. The following is a list of media to be used: 1. Daily Publications: 0 The San Diego Union-Tribune 0 North County Times 1/1/99 AdminPlan 1-1 1 2. Alternate Publications: Carlsbad Community Services & Recreation Guide 0 Senior World 0 Hispanos Unidos 0 Carlsbad Coastline Review 0 The Reader 0 The Sun 3. Television Stations: 0 XETV-Channel6 0 KGTV-Channel IO 0 KFMB-Channel8 0 KNSD-Channel39 0 KPBS-Channel15 KDCI-Daniels Cable Vision (Local cable) Liaisons have been established with a variety of city and county agencies, private social service agencies, non-profit agencies and special interest groups. The HA will communicate the status of rental assistance availability to the service providers in the community, advising them of eligibility factors and guidelines in order that they can make appropriate referrals. Fliers explaining the Section 8 program have been prepared for both applicants and rental property owners/managers. Fliers are also distributed, to local social service agencies, City of Carlsbad departments, non-profit groups and community organizations. Community contacts include but are not limited to the following: Access Center Aid to Veteran's of America Association for Retarded Citizens Brother Benno's Camp Pendleton Housing Referral Carlsbad Libraries Carlsbad Recreation Department Carlsbad Senior Center Carlsbad Unified School District Casa de Amparo Center for Employment Training Centro de lnformacion Community Interface Community Resource Center Community Service Center for the Disabled County of San Diego Social Services Department of Rehabilitation Department of Health and Human Services Employment Development Department 1/1/99 AdminPlan 1-12 Legal Aid Society Lifeline Community Services MAAC Mira Costa College Mission Square Adult Learning North County Community Services North San Diego County Association of Realtors Palomar College Regional Occupation Program Salvation Army SANDAPP SER - Jobs for Progress Social Security Administration Veteran's Administration Western Institute for Mental Health Women's Resource Center N. OWNER OUTREACH [24 CFR 982.54(d)(5), 982.153(b)(l)] The HA encourages owners of decent, safe and sanitary housing units to lease to Section 8 families. The HA maintains an ongoing list of available rental units and interested owners/property managers. The list is available in the lobby and is updated weekly. When listings from owners/property managers are received, they will be compiled by the HA staff by bedroom size. The Housing Authority will maintain lists of available housing submitted by owners in all neighborhoods within the Housing Authority's jurisdiction to ensure greater mobility and housing choice to very low income households. The lists of owners and units will be provided at the front desk, mailed or faxed upon 'request and provided at briefings. In addition, the HA will provide copies of excerpts from the Classified section of the Sunday paper of rental units within the city of Carlsbad. The staff of the HA initiates personal contact with private property owners and managers by conducting formal and informal discussions and meetings. Owner information packets describing the benefits of the rental assistance programs are available to all interested persons. The HA has active participation in a community based organization(s) comprised of private property and apartment owners and managers. The Housing Authority will actively recruit suburban property owners and grant exception rents for accessible properties if the HA has jurisdiction in that area. 1 /1/99 AdminPlan 1-13 The HA encourages program participation by owners of units located outside areas of poverty or minority concentration. The HA periodically evaluates the demographic distribution of assisted families to identify areas within the jurisdiction where owner outreach should be targeted. The purpose of these activities is to provide more choice and better housing opportunities to families. Participants are informed of the full range of areas where they may lease units inside the HA’s jurisdiction and given a list of landlords or other parties who are willing to lease units or help families who desire to live outside areas of poverty or minority concentration The HA works with a nonprofit agency through the Community Opportunities Program (COP) who identifies families in the program and counsels the families on their prospective move and services available in the areas in which the family is interested. The HA conducts , periodic meetings with participating owners to improve owner relations and to recruit new owners. 1-14 1/1/99 AdminPlan Chapter 2 ELIGIBILITY FOR ADMISSION [24 CFR Part.5, Subparts B, D 81 E; Part 982, Subpart E] INTRODUCTION This Chapter defines both HUD's and the HA's criteria for admission and denial of admission to the program. The policy of this HA is to strive for objectivity and consistency in applying these criteria to evaluate the eligibility of families who apply. The HA staff will review all information provided by the family carefully and without regard to factors other than those defined in this Chapter. Families will be provided the opportunity to explain their circumstances, to furnish additional information, if needed, and to receive an explanation of the basis for any decision made by the HA pertaining to their eligibility. Eliqibilitv Factors To be eligible for participation, an applicant must meet HUD's criteria, as well as any permissible additional criteria established by the HA. The HUD eligibility criteria are: An applicant must be a *'family"; An applicant must be within the appropriate Income Limits; An applicant must furnish Social Security Numbers for all family members age six and older; and An applicant must furnish declaration of Citizenship or Eligible Immigrant Status and verification where required. For the HA's additional criteria for eligibility, see Section E, "Other Criteria for Admission." The Family's initial eligibility for placement on the waiting list will be made in accordance with the eligibility factors. Evidence of CitizenshiplEligible Immigrant Status will not be verified until the family is selected from the waiting list for final eligibility processing for issuance of a Certificate. or Voucher, unless the HA determines that such eligibility is in question, whether or not the family is at or near the top of the waiting list. .. .* 1/1/99 AdminPlan 2- 1 A. FAMILY COMPOSITION [24 CFR 5.403,982.201] The applicant must qualify as a Family. A Family may be a single person or a group of persons. A group of persons may be: Two or more persons who intend to share residency whose income and resources are available to meet the family's needs and who have a history as a family unit or show evidence of a stable family relationship. Two or more elderly or disabled persons living together, or one or more elderly, near elderly or disabled persons living with one or more live-in aides is a family. A child who is temporarily away from home because of placement in foster care is considered a member of the family. This provision only pertains to the foster child's temporary absence from the home, and is not intended .to artificially enlarge the space available for other family members. A single person may be: An elderly person A displaced person A person with a disability Any "other single'' person Head of Household The head of household is the adult member of.the household who is designated by the family as. head, is wholly or partly responsible for paying the rent, and has the legal capacity to enter into a lease under StateAocal law. Emancipated minors who qualify under State law will be recognized as head of household. Spouse of Head Spouse means the husband or wife of the head. For proper application of the Non-citizens Rule, the definition of spouse is: the marriage partner who, in order to dissolve the relationship, would have to be divorced. The term "spouse" does nat.apply to boyfriends, girlfriends, significant others, or co-heads. Co-Head 1 / 1/99 AdminPlan 2-2 An individual in the household who is equally responsible for the lease with the Head of Household. A family may have a spouse or co-head, but not both. A co-head never qualifies as a dependent. Live-in Aides A Family may include a live-in aide provided that such live-in aide: Is determined by the HA to be essential to the care and well being of an elderly person, a near-elderly person, or a person with disabilities, Is not obligated for the support of the person@), and Would not be living in the unit except to provide care for the person(s). A live-in aide is treated differently than family members: Income of the live-in aide will not be counted for purposes of determining eligibility or level of benefits. Live-in aides are not subject to Non-Citizen Rule requirements. Live-in aides may not be considered as a remaining member of the tenant family. Relatives are not automatically excluded from being live-in aides, but they must meet all of the elements in the live-in aide definition described above. A Live in Aide may only reside in the unit ,with the approval of the HA. Written verification will be required from a reliable, knowledgeable professional, such as a doctor, social worker, or case worker. The verification provider must certify that a live-in aide is needed for the care of the family member who is elderly, near-elderly (50-61) or disabled. At any time, the HA will refuse to approve a particular person as a live-in aide or may withdraw such approval if: The person commits fraud, bribery, or any other corrupt or criminal act in connection with any federal housing program; The person commits drug-related criminal activity or violent criminal activity; or 1/1/99 AdminPlan 2-3 The person currently owes rent or other amounts to the HA or to another HA in connection with Section 8 or public housing assistance under the 1937 Act. Split Households Prior to CertificateNoucher Issuance When a family on the waiting list splits into two otherwise eligible families due to divorce/legal separation or separation of the household, and the new families both claim the same placement on the waiting list, and there is no court determination, the HA will make the decision taking into consideration the following factors: Which family member applied as head of household. Which family unit retains the children or any disabled or elderly members. Restrictions that were in place at the time the family applied. Role of domestic violence in the split. Recommendations of social service agencies or qualified professionals such as children's protective services. Documentation of these factors is the responsibility of the applicant families. If either or both of the families do not provide the documentation, they may be denied placement on the waiting list for failure to supply information requested by the HA. In cases where domestic violence played a role, the standard used for verification will be the same as that required for the "displaced due to domestic violence" preference. Multiple Families in the Same Household When families apply which consist of two families living together, (such as a mother and father, and a daughter with her own husband or children), if they apply as a family unit, . they will be treated as a family unit. Joint Custody of Children 1 /1/99 AdminPlan 2-4 Children who are subject to a joint custody agreement but live with one parent at least 51% of the time will be considered members of the household. "51% of the time" is defined as 183 days of the year, which do not have to run consecutively. When both parents are on the Waiting List and both are trying to claim the child, the parent whose address is listed in the school records will be allowed to claim the school-age child as a dependent. If the child is not of school-age, the parent who has physical custody of the child at least 51% of the time will be able to claim the child as a member of the household. B. INCOME LIMITATIONS [24 CFR 982.201,982.353] In order to be eligible for assistance, an applicant must be either: A very low-income family; or A low-income family in any of the following categories: A low-income family that is continuously assisted under the 1937 Housing Act. An applicant is continuously assisted if the family has received assistance under any 1937 Housing Act program within 120 days of certificate/voucher issuance. Programs include public housing, all Section 8 programs, all Section 23 programs. A low-income family physically displaced by rental rehabilitation activity under 24 CFR part 51 1. A low-income non-purchasing family residing in a HOPE 1 or HOPE 2 project. A low-income non-purchasing famity residing in a project subject to a home-ownership program under 24 CFR 248.1 73. A low-income family displaced as a result of the prepayment of a mortgage or voluntary termination of a mortgage insurance contract under 24 CFR 248.1 65. A low-income family residing in a HUD-owned multifamily rental housing project when the project is sold, foreclosed or demolished by HUD. (Certificate program only.) 1 11/99 AdhinPlan 2-5 To determine if the family is income-eligible, the HA compares the Annual Income of the family to the applicable income limit for the family's size. Families whose Annual Income exceeds the income limit will be denied admission and offered an informal review. Single iurisdiction ,HAS: The applicable income limit to be used at initial issuance of a certificate or voucher is the income limit of the HA. For admission to the program (initial lease-up), the family must be within the very low income limit of the jurisdiction where they want to live. Portability: For initial lease-up, families who exercise portability must be within the very low income limit for the jurisdiction of the receiving HA in which they want to live. Participant families who exercise portability, and request or require a change in their form of assistance, must be within the low income limit of the receiving HA if they are to receive the alternate form of assistance. C. MANDATORY SOCIAL SECURITY NUMBERS [24 CFR 5.216,5.218] Families are required to provide verification of Social Security Numbers for all family members age 6 and older prior to admission, if they have been issued a number by the Social Security Administration. This requirement also applies to persons joining the family after admission to the program. Failure to furnish verification of social security numbers is grounds for denial or termination of assistance. ' 1/1/99 AdminPlan 2-6 D. CITIZENSHIP/ELIGIBLE IMMIGRATION STATUS [24 CFR Part 5, Subpart E] In order to receive assistance, a family member must be a U.S. citizen or eligible immigrant. Individuals who are neither may elect not to contend their status. Eligible immigrants are persons who are in one of the immigrant categories as specified by HUD. For the Citizenship/Eligible immigration requirement, the status of each member of the family is considered individually before the family's status is defined. Mixed Families. A family is eligible for assistance as long as at least one member is a citizen or eligible immigrant. Families that include eligible and ineligible individuals are called "mixed." Such.applicant families will be given notice that their assistance will be pro-rated and that they may request a hearing if they contest this determination. All members ineligible. Applicant families that include no eligible members are ineligible for assistance. Such families will be denied admission and offered an opportunity for a hearing. Non-citizen students. Defined by HUD in the non-citizen regulations. Not eligible for assistance. Appeals. For this eligibility requirement only, the applicant is entitled to a hearing exactly like those provided for participants. 1/1/99 AdminPlan 2-7 E. OTHER CRITERIA FOR ADMISSIONS [24 CFR 982.552(b)] The HA will permanently deny admission to the program’if an applicant, or applicant’s family member, has been convicted of manufacturing or producing methamphetamine (speed). The HA will apply the following criteria, in addition to the HUD eligibility criteria, as grounds for denial of admission to the program. The family must have not violated any family obligation during a previous participation in the Section 8 program for two years prior to final eligibility determination. The HA may make an exception, if the family member who violated the family obligation is not a current member of the household on the application. When the HA denies assistance to a person with a disability due to a violation of family obligation, and the violation was a result of the disability, the applicant may request a review of the decision to deny assistance. The family must pay any outstanding debt owed the HA or another HA as a result of prior participation in any federal housing program before this HA will allow participation in its Section 8 program. The family must be in good standing regarding any current payment agreement made with another HA for a previous debt incurred, before this HA will allow participation in its Section 8 program. No family member may have been evicted from public housing for any reason during the last two years prior to final eligibility determination. The HA may check criminal history for all adults in the household to determine whether any member of the family has violated any of the prohibited behaviors as referenced in Chapter 15, Section B., “One Strike.” F. SUITABILITY OF FAMILY [24 CFR 982.202(b)(I)] 1 / 1 /99 AdminPlan 2-8 The HA will take into consideration any of the criteria for admission in Chapter 15, but may not othemvise screen for factors which relate to the suitability of the applicant family as tenants. It is the responsibility of the owner to screen the applicants as to their suitability for tenancy. 1 /1/99 AdminPlan 2-9 The HA will advise families how to file a complaint if they have been discriminated against by an owner. The HA will advise the family to make a Fair Housing complaint. The HA could also report the owner to HUD (Fair Housing/Equal Opportunity) or the local Fair Housing Organization. G. CHANGES IN ELIGIBILITY PRIOR TO EFFECTIVE DATE OF THE CONTRACT Changes that occur during the period between issuance of a certificate or voucher and lease up may affect the family's eligibility or Total Tenant Payment. For example, if a family goes over the income limit prior to lease up, the applicant will no longer be eligible for the program. They will be notified in writing of their ineligible status and their right to an informal review. H. INELIGIBLE FAMILIES Families who are determined to be ineligible will be notified in writing of the reason for denial and given an opportunity to request an informal review, or an informal hearing if they were denied due to noncitizen status. See Chapter 19, "Complaints and Appeals" for additional information about reviews and hearings. 1/1/99 AdminPlan 2-10 Chapter 3 APPLYING FOR ADMISSION [24 CFR 982.2041 INTRODUCTION The policy of the HA is to ensure that all families who express an interest in housing assistance are given an equal opportunity to apply, and are treated in a fair and consistent manner. This Chapter describes the policies and procedures for completing an initial application for assistance, placement and denial of placement on the waiting list, and limitations on who may apply. The primary purpose of the intake function is to gather information about the family, but the HA will also utilize this process to provide information to the family so that an accurate and timely decision of eligibility can be made. Applicants will be placed on the waiting list in accordance with this Plan. A. OVERVIEW OF THE APPLICATION TAKING PROCESS The purpose of application taking is to permit the HA to gather information and determine placement on the waiting list. The application will contain questions designed to obtain pertinent program information. Families who wish to apply for HA's rental assistance program must call the waiting list voice mail number, (760) 434-2934. The voice mail system explains how to request a preliminary application "pre-application", how to report updates to the pre-application and documents the date and time of the request. The recording will request name, mailing address and phone number. The message is in English and Spanish. A pre-application form will be mailed and upon receipt of the completed form, the applicant will be notified in writing of their status on the waiting list. Applications will be made available in an accessible format upon request from a person with a disability. When the waiting list is open, any family asking to be placed on the waiting list for Section 8 rental assistance will be given the opportunity to complete a pre- application. The application process will involve two phases. The first is the "initial" application for assistance (referred to as a pre-application). This first phase results in the family's placement on the waiting list. 1/1/99 AdminPlan 3- 1 The second phase is the "final determination of eligibility" (referred to as the full application). The full application takes place when the family reaches the top of the waiting list. At this time the HA ensures that verification of all HUD and HA eligibility factors is current in order to determine the family's eligibility for the issuance of a certificate or voucher. B. OPENING/CLOSING OF APPLICATION TAKING [24 CFR 982.206, 982.54(d)( I)] The HA currently has an open waiting list. However, if the waiting list is closed the HA will utilize the following procedures for opening the waiting list: The HA will advertise through public notice in the following newspapers, minority publications and media entities, location(s), and program(s) for which applications are being accepted: I. Daily Publications: The San Diego Union-Tribune 0 North County Times 2. Alternate Publications: 0 Carlsbad Community Services & Recreation Guide 0 Senior World -0 Hispanos Unidos 0 Carlsbad Coastline Review 0 The Reader 0 The Sun 3. Television Stations: 0' XETV-Channel6 0 KGTV-Channel 10 0 KFMB-Channel8 0 KNSD-Channel39 0 KPBS-Channel 15 0 KDCI-Daniels Cable Vision (Local cable) Community contacts include but are not limited to the following: Access Center Aid to Veteran's of America Association for Retarded Citizens Brother Benno's Camp Pendleton Housing Referral Carlsbad Libraries Carlsbad Recreation Department Carlsbad Senior Center 1/1/99 AdminPlan 3-2 Carlsbad Unified School District Casa de Amparo Center for Employment Training Centro de lnformacion Community Interface Community Resource Center Community Service Center for the Disabled County of San Diego Social Services Department of Rehabilitation Department of Health and Human Services Employment Development Department Legal Aid Society Lifeline Community Services MAAC Mira Costa Coilege Mission Square Adult Learning North County C.ommunity Services North San Diego County Association of Realtors Palomar College Regional Occupation Program Salvation Army SANDAPP SER - Jobs for Progress Social Security Administration Veteran's Administration Western Institute for Mental Health Women's Resource Center The notice will contain: - The dates, times, and the locations where families may apply. - The programs for which applications will be taken. - A brief description of the program. - A statement that public housing residents must submit a separate they want to apply for section 8. - Limitations, if any, on who may apply. applicati on if The notices will be made in an accessible format if requested. They will provide potential applicants with information that includes the HA address and telephone number, how to submit an application, information on eligibility requirements, and the availability of local preferences. 1/1/99 AdminPlan 3-3 Upon request from a person with a disability, additional time will be given as an accommodation for submission of an application after the closing deadline. This accommodation is to allow persons with disabilities the opportunity to submit an application in cases when a social service organization provides inaccurate or untimely information about the closing date. Closing the Waiting List The HA may stop applications if there are enough applicants to fill anticipated openings for the next 24 months. The waiting list may not be closed if it would have a discriminatory effect inconsistent with applicable civil rights laws. The HA will announce the closing of the waiting list by public notice. The open period shall be long enough to achieve a waiting list adequate to cover projected turnover and new allocations over the next 24 months. The HA will give at least 60 days’ notice prior to closing the list. When the period for accepting applications is over, the HA will add the new applicants to the list by: Separating the new applicants into groups based on preferences and ranking applicants within each group by date and time of application. Limits on Who May Apply When the waiting list is open: Any family asking to be placed on the waiting list for Section 8 rental assistance will be given the opportunity to complete an application. If there are sufficient applications from elderly families, disabled families, and displaced families consisting of up to two persons, applications will not be accepted from “Other Singles”. “Other Singles” is defined as someone who is not elderly, disabled, displaced or pregnant. When the application is requested on the waiting list voice mail system, it establishes the family’s date and time of application for placement order on the waiting list. C. “INITIAL” APPLICATION PROCEDURES [24 CFR 982.204(b)] 1/1/99 AdminPlan 3-4 The HA will utilize a preliminary-application form (pre-application). The information is to be filled out by the applicant whenever possible. To provide specific accommodation for persons with disabilities, the information may be completed by a staff person over the telephone or in the office. The pre-application is available in both English and Spanish. Translations can be provided for non-English, Spanish-speaking applicants by a bi-lingual staff person. The purpose of the pre-application is to permit the HA to preliminarily assess family eligibility or ineligibility and to determine placement on the waiting list. The pre-application contains questions designed to obtain the following information: - Names of adult members and age of all members - Sex and relationship of all members - Street Address and phone numbers - Mailing Address (If PO Box or no other permanent address) - Amount(s) and source(s) of income received by household members - Information regarding disabilities to determine qualifications for allowances and deductions - Information related to qualification for preferences - Social Security Numbers - Race/ethnicity - Citizenshipleligible immigration status - Arrests/Convictions for Drug Related or Violent Criminal Activity - Need for Specific Accommodation to fully utilize program and services - Questions regarding previous participation in HUD programs Duplicate applications, including applications from a segment of an applicant household, will not be accepted. Ineligible families will not be placed on the waiting list. Pre-applications will not require an interview. The information on the application will not be verified until the applicant has been selected for final eligibility determination. Final eligibiiity will be determined when the full application process is completed and all information is verified. 1/1/99 AdminPlan 3-5 D. APPLICANT STATUS WHILE ON WAITING LIST [CFR 982.2041 Applicants are required to inform the HA, in writing, of changes in address. Applicants are also required to respond to requests from the HA to update information on their pre-application and to determine their interest in assistance. If after a review of the pre-application the family is determined to be preliminarily eligible, they will be notified in writing or in an accessible format upon request, as a reasonable accommodation. 1 11/99 AdminPlan 3-6 This written notification of preliminary eligibility will be: mailed to the applicant by first class mail; or distributed to the applicant in the manner requested as a specific accommodation. If the family is determined to be ineligible based on the information provided in the pre- application, the HA will notify the family in writing (in an accessible format upon request as a reasonable accommodation), state the reason(s), and inform them of their right to an informal review. Persons with disabilities may request to have an advocate attend the informal review as an accommodation. See Chapter 19, "Complaints and Appeals." E. TIME OF SELECTION [24 CFR 982.204,5.410] When funding is available, families will be selected from the waiting list in their preference-determined sequence, regardless of family size. When there is insufficient funding available for the family at the top of the list, the HA will not admit any other applicant until funding is available for the first applicant. Applicants will not be passed over on the waiting list. Based on the HA's turnover and the availability of funding, groups of families will be selected from the waiting list to form a final eligibility "POO~." Selection from the pool will be based on waiting list sequence and completion of verification. F. COMPLETION OF A FULL APPLICATION All preferences claimed on the pre-application or while the family is on the waiting list will be verified: After the family is selected from the waiting list, and prior to completing the full application The qualification for preference must exist at the time the preference is claimed and at the time of verification, because claim of a preference determines placement on the waiting list. When the HA is ready to select applicants, applicants will be required to: Complete an application prior to the intake interview. 1/1/99 AdminPlan 3-7 The application must be complete in order to be accepted, unless assistance is needed, or a request for accommodation is made by a person with a disability. The applicant will sign and certify that all information is true and complete. The application will be reviewed by staff to initially determine if the applicant is income eligible and meets the criteria for the local preferences that determined their position on the waiting list. If determined eligible based on information provided on the application, an intake interview will be scheduled with an HA representative. At the intake interview, the applicant will be required to furnish all information as requested. The HA interviewer will document the information from the completed application form. The full application will be communicated as requested as an accommodation. to a person with a disability. 1/1/99 AdminPlan 3-8 Requirement to Attend Intake Interview The HA utilizes the intake interview to discuss the family's circumstances in greater detail, to clarify information which has been provided by the family, and to ensure that the information is complete. The interview is also used as a vehicle to meet the informational needs of the family by providing information about the application and verification process, as well as to advise the family of other HA services or programs which may be available. The head of household and all adult family members are required to attend the Interview and sign the housing application. If the head of household cannot attend the interview, the spouse may attend to complete the application and certify for the family. The head of household, however, will be required to attend an interview to review the information and to certify by signature that all of the information is complete and accurate. Exceptions may be .made for students .attending school out of state or for members (except the head of household) for whom attendance would be a hardship. The HA will offer a "home" intake interview to accommodate a person with disabilities. If an applicant fails to appear for a pre-scheduled appointment, the HA will automatically schedule a second appointment. If the applicant misses three scheduled appointments, the HA will deny the application. Reasonable accommodation will be made for persons with a disability who requires an advocate or accessible offices. A designee will be allowed to provide some information, but only with permission of the person with a disability. If an application is denied due to failure to attend the intake interview, the applicant will be notified in writing and offered an opportunity to request an informal review. (See Chapter 19, 'Complaints and Appeals.") AI1 adult members must sign the HUD Form 9886, Release of Information, the application form, Family Obligations for Section 8 ApplicantslParticipants form, the declarations and consents related to, citizenshiphmmigration status and any other documents required by the HA. Applicants will be required to sign specific verification forms for information which is not covered by the HUD form 9886. Failure to do so will be cause for denial of the application for failure to provide necessary certifications and release as required by the HA. If the HA determines at or after the interview that additional information or document(s) are needed, the HA will request the document(s) or information verbally and in writing. The family will be given a minimum of 14 days to supply the information. 1/1/99 AdminPlan 3-9 . If the information is not supplied by the established deadline date, the HA will provide the family a notification of denial for assistance. (See Chapter 19, "Complaints and Appeals.") G. VERIFICATION [24 CFR 982.201 (e)] Information provided by the applicant will'be verified, using the verification procedures in Chapter seven. Family composition, income, allowances and deductions, assets, full-time student status, eligibility and rent calculation factors, and other pertinent information will be verified. Verifications may not be more than 60 days old at the time of issuance of the Certificate or Voucher. H. SELECTION OF CERTIFICATE OR VOUCHER [24 CFR 982.205(~)(2)] The HA orally provides an explanation of the .differences between the Regular Certificate program, the Over Fair Market Rent Tenancy Option (OFTO) and the Voucher programs. The criteria for granting OFTO tenancies and the availability of such tenancies are also explained. The applicant is then asked to specify which type of assistance they would prefer, a certificate or a voucher, and also to indicate whether they would accept an alternate form of assistance. The family must decide on which form of assistance (Certificate or Voucher) they prefer. If the form of assistance preferred is available, it will be offered to the applicant. If there is no response to the request for a decision, or funding for the form of assistance preferred is not available, and the family has indicated they would accept the other form of assistance, the HA will offer whatever form of assistance is available. The applicant may refuse the first form of assistance offered and retain their place on the waiting list until the other form of assistance is available. If the applicant then refuses the other form of assistance, they will be rejected and their name removed from the waiting list. See Chapter 19, "Complaints and Appeals." 1. SELECTION OF APPLICANTS/PARTICIPANTS FOR OFTO TENANCIES [24 CFR 982.5061 The HA will grant up to 10 percent of the incremental certificates (39 units) as OFTO tenancies. OFTO tenancies will be granted only to families where the HA has determined that the family's share of rent will be affordable. In order to make the determination, the family must self-certify that they have reviewed their rent burden and other financial obligations and have determined that their rent burden will be affordable. Family's will be selected on a first-request, first-sewed basis. 1/1/99 AdminPlan 3-10 OFTO will be offered when needed by a family as a reasonable accommodation so that the program is readily accessible to and usable by persons with disabilities. Family Affordability Criteria for OFTO Tenancy 124 CFR 982.506(b)(21 The HA will approve an initial OFTO tenancy only after the family self-certifies that the family's share of rent is reasonable and affordable for that family, In making this determination , the HA will instruct the family to take into account other household expenses such as child care, unreimbursed medical, food, transportation, clothing, and other appropriate expenses. J. FINAL DETERMINATION AND NOTIFICATION OF ELIGIBILITY [24 CFR 982.2011 After the verification process is completed, the HA will make a final determination of eligibility. This decision is based upon information provided by the family, the verification completed by the HA, and the current eligibility criteria in effect. If the family is determined to be eligible, the HA will mail a notification of eligibility. A briefing will be scheduled for the issuance of a certificate or voucher and the family's orientation to the housing program. .. .. .. 111 I99 AdminPlan 3-1 1 Chapter 4 ESTABLISHING PREFERENCES AND MAINTAINING THE WAITING LIST [24 CFR Part 5, Subpart D; 982.54(d)(l); 982.204,982.205,982.206] INTRODUCTION It is the HA's objective to ensure that families are placed in the proper order on the waiting list and selected from the waiting list for admissions in accordance with the policies in this Plan. This chapter explains the local preferences which the HA has adopted to meet local housing needs, defines the eligibility criteria for the preferences and explains the HA's system of applying them. By maintaining an accurate waiting list, the HA will be able to perform the activities which ensure that an adequate pool of qualified applicants will be available so that program funds are used in a timely manner. A. WAITING LIST [24 CFR 982.2041 Except for Special Admissions, applicants will be selected from the HA waiting list in accordance with policies and preferences defined in this Plan. The HA will maintain information that permits proper selection from the waiting list. The waiting list contains the following information for each applicant listed: - Applicant Name - Family Unit Size (number of bedrooms family qualifies for under HA subsidy - Date and time of application - Qualification for any local preference - Racial or ethnic designation of the head of household - Singles preference status standards) 1/1/99 AdminPlan 4- 1 The waiting list will be maintained in accordance with the following guidelines: 1. The pre-application will be a permanent file. 2. All applicants in the pool will be maintained in the order of preference. Applications equal in preference will be maintained by ,date and time. 3. All applicants must meet "Very Low Income" eligibility requirements as established by HUD. Any exceptions to these requirements, other than those outlined in Chapter 2, "Eligibility for Admission," must have been approved previously by the HUD Field Office. Waiting List Collaboration Between Housing Authorities The HA will adopt a collaborative policy between Housing Authorities with regards to applicants on waiting lists who move between housing jurisdictions. The HA, upon request from an applicant, will forward or accept waiting list applications for applicants who move to another agency's jurisdiction or move within this HA's jurisdiction. Upon acceptance of such application, the HA will integrate the application into the current waiting list preserving the original date and time of the initial application. Special Admissions [24 CFR 982.54(d)(e), 982.2031 Special purpose funding or grants for specified families or for a specified category of families may be received, from time to time, by the HA. Such housing assistance funding shall be for the individuals and families indicated in the federal, State or local ordinances, rules and regulations. A specific waiting list may be necessary for each special category of eligible families. Separate notices, special program rules and information will be made available to the public and to the targeted individuals and families. Applicants who are admitted under Special Admissions, rather than from the waiting list, are identified by codes in the automated system and may be maintained on separate lists. 1/1/99 AdminPlan 4-2 B. WAITING LIST PREFERENCES [24 CFR 982.2071 An applicant will not be granted any Local preference if any member of the family has been evicted from housing assisted under a 1937 Housing Act program during the past three years because of drug-related criminal activity. The HA will grant an exception to such a family if: The responsible member has successfully completed a rehabilitation program. The evicted person clearly did not participate in or know about the drug related activity. If an applicant makes .a false statement in order to qualify for a Local preference, the HA will deny admission to the program for the family. Types of Applicants With Preference Over "Other Singles" [24 CFR 5.405(b)] Per HUD requirements, elderly, disabled and displaced families with up to two members will be given a preference over all "Other Single" applicants regardless of local preference status. "Other Singles" denotes a one-person household in which the individual member is not elderly, disabled, pregnant or displaced by government action. Such applicants will be ' placed on the waiting list in proper order for selection. C. FEDERAL PREFERENCES [24 CFR 5.4101 Note: me use of Federal preferences has been eliminated by the Housing Quality and Work Responsibility Act of 1998. 1 /1/99 AdminPlan 4-3 D. INITIAL DETERMINATION OF LOCAL PREFERENCE QUALIFICATION [24 CFR 5.4153 . At the time of application, an applicant's entitlement to a Local Preference may be made on the following basis. An applicant's certification that they qualify for a preference will be accepted without verification. When the family is selected from the waiting list for the final determination of eligibility, the preference will be verified. If the preference verification indicates that an applicant does not qualify for the preference, the applicant will be returned to the waiting list without the Local Preference and given an opportunity for an Informal Review. If, at the time the family applied, the preference claim was the only reason for placement of the family on the list and the family cannot verify their eligibility for the preference as of the date of application, the family will be removed from the list. E, RANKING LOCAL PREFERENCES [24 CFR 5.41 0,5.415] The HA will rank preferences to prioritize applicants with local preferences. These categories will receive a ranking preference: Residency Preference: Applicants who either live or work in Carlsbad. To qualify for residency preference, the applicant must have lived in Carlsbad for a minimum of 90 days prior to being pulled from the waiting list. Applicants who work in Carlsbad, must have worked in Carlsbad for a minimum of 90 days and work a minimum average of 20 hours per week. The minimum hours worked may be waived to accommodate a person with disabilities. Applicants who are determined eliqible for Residency Preference will always have preference over those who are NOT eligible for Residency Preference, regardless of any other Local Preferences an applicant may be eligible. Median Income at or below 30% of the Median Income Preference: Appli.cants whose income is.at or below 30% of the median income will have preference over applicants whose income is above 30% of the median income. 1/1/99 AdminPlan Veteran Preference: A head of household or spouse who has been discharged from military service under honorable or general (except dishonorable) conditions, or a spouse of a deceased veteran will have preference over non- veterans. 4-5 1/1/99 AdminPlan Disability Preference: This preference is extended to disabled persons or families with a disabled member as defined in this Plan. Proof of disability will be required at time of selection. Elderly Preference: A head of household or spouse who is at least 62 years old. Family Preference: Two or more persons who intend to share residency whose income and resources are available to meet the family’s needs and who have a history as a family unit or show evidence of a stable family relationship. Or a single person who is pregnant. F. LOCAL PREFERENCES [24 CFR 5.4101 The HA uses the following Local Preference system: Date and Time Residency Preference: Applicants who either live or work in Carlsbad. To qualify for residency preference, the applicant must have lived in Carlsbad for a minimum of 90 days prior to being pulled from the waiting list. Applicants who * work in Carlsbad, must have worked in Carlsbad for a minimum of 90 days and work a minimum average of 20 hours per week. The minimum hours worked may be waived to accommodate a person with disabilities. Applicants who are determined eligible for Residency Preference will always have preference over those who are NOT eliqible for Residency Preference, regardless of any other Local Preferences an applicant may be eligible. Median Income at or below 30% of the Median Income Preference: Applicants whose income is at or below 30% of the median income will have preference over applicants whose income is above 30% of the median income. Veteran Preference: A head of household or spouse who has been discharged from military service under honorable or general (except dishonorable) conditions, or a spouse of a deceased veteran will have preference over non- veterans. .Disability Preference: This preference is extended to disabled persons or families with a disabled member as defined in this Plan. Proof of disability will be required at time of selection. Elderly Preference: A head of household or spouse who is at least 62 years old. 1 /1/99 AdminPlan 4-6 Family Preference: Two or more persons who intend to share residency whose income and resources are available to meet the family’s needs and who have a history as a family unit or show evidence of a stable family relationship. Or a single person who is pregnant. G. EXCEPTIONS FOR SPECIAL ADMISSIONS [24 CFR 982.203,982.54(d)(3)] If HUD awards an HA program funding that is targeted for specifically named families, the HA will admit these families under a Special Admission procedure. Special admissions families will be admitted outside of the regular waiting list process. They do not have to qualify for any preferences, nor are they required to be on the program waiting list. The HA maintains separate records of these admissions. The following are examples of types of program funding that may be designated by HUD for families living in a specified unit: I. A family displaced because of demolition or disposition of a public or housing project; Indian 2. A family residing in a multifamily rental housing project when HUD forecloses or demolishes the project; sells, 3. For housing covered by the Low Income Housing Preservation and Resident * Home-ownership Act of 1990; 4. A family residing in a project covered by a project-based Section 8 HAP contract at or near the end of the HAP contract term; and 5. A non-purchasing family residing in a HOPE 1 or HOPE 2 project. H. TARGETED FUNDING [24 CFR 982.2031 When HUD awards special funding for certain family types, families who qualify are placed on the regular waiting list. When a specific type of funding becomes available, the waiting list is searched for the first available family meeting the targeted funding criteria Applicants who are admitted under targeted funding which are not identified as a , Special Admission are identified by codes in the automated system and may be maintained on separate waiting lists. 1/1/99 AdminPlan 4-7 Currently, the HA does not have "Targeted" Programs. 111 /99 AdminPlan 4-8 1. PREFERENCE ELIGIBILITY [24 CFR 5.41 01 Change in Circumstances Changes in an applicant's circumstances while on the waiting list may affect the family's entitlement to a preference. Applicants are required to notify the HA in writing when their circumstances change. When an applicant claims an additional preference, s/he will be placed on the waiting list in the appropriate order determined by the newly-claimed preference. The exception to this is if at the time the family applied, the waiting list was only open to families who claimed that preference. In such case, the applicant must verify that they were eligible for the first preference before they are returned to the waiting list with the new preference. J. ORDER OF SELECTION [24 CFR 5.415,982.207(e)] In accordance with the Quality Housing and Wdrk Responsibility Act of 1998, the HA will reserve a minimum of seventy-five percent of its Section 8 new admissions for families whose income does not exceed 30 percent of the area median income. In addition to HUD required income targeting, the HA will use the following system for selecting eligible applicants from the waiting list: The order of selection is based on the HA's system for weighing preferences and is based on the date and time of application. Local Preferences Local preferences will be used to select families from the waiting list. The HA has selected the following system to apply local preferences: Applicants who qualify for Residency preference will always be assisted prior to applicants who do not qualify for Residency preference. Of the applicants that qualify for Residency preference; e Appticants whose income is at or below 30% of the median income will have preference over applicants whose income is above 30% of the median income; and veterans. 0 Applicants with Veterans preference will be assisted over non- e 1/1/99 AdminPlan 4-9 All other local preferences (Disability, Elderly, and Family) will be weighed equally. 1/1/99 AdminPlan 4-1 0 Among Applicants with Equal Preference Status Among applicants with equal preference status, the waiting list will be organized by date and time. K. FINAL VERIFICATION OF PREFERENCES [24 CFR 5.4151 Preference information on applications will be updated as applicants are selected from the waiting list. At that time, the HA will: Mail an application packet for completion. Upon receipt of the application form, staff will review the information to make a preliminary determination that the applicant qualifies for the local preferences originally claimed. At the time of the intake interview, the necessary verifications of preference will be obtained by third party verification. L. PREFERENCE DENIAL 124 CFR 5.4151 If the HA denies a preference, the HA will notify the applicant in writing of the reasons why the preference was denied and offer the applicant an opportunity for an informal review with the Housing Program Manager. If the preference denial is upheld as a result of the informal review, or the applicant does not request an informal review, the applicant will be placed on the waiting list without benefit of the preference. Applicants may exercise other rights if they believe they have been discriminated against. If the applicant falsifies documents or makes false statements in order to qualify for any preference, they will be removed from the Waiting List. 1/1/99 AdminPlan 4-1 1 M. REMOVAL FROM WAITING LIST AND PURGING [24 CFR 982.204(c)] The Waiting List will be purged approximately every two years by a mailing to selected applicants to ensure that the waiting list is current and accurate. The mailing will ask for confirmation of continued interest. Any mailings to the applicant which require a response will state that failure to respond within 15 days will result in the applicant’s name being dropped from the waiting list. An extension of 30 days to respond will be granted, if requested and needed as a reasonable accommodation for a person with a disability. If the applicant did not respond to the HA request for information or updates because of a family member‘s disability, the HA will reinstate the applicant in the family’s former ‘ position on the waiting list. If a letter is returned by the Post Office without a forwarding address, the applicant will be removed without further notice, and the envelope and letter will be maintained in the file. If a letter is returned with a forwarding address, it will be re-mailed to the address indicated. If an applicant is removed from the waiting list for failure to respond, they will not be entitled to reinstatement unless the Housing Program Manager determines there were circumstances beyond the person’s control. 4-12 1/1/99 AdminPlan