GP GOAL LUT-16:
Revitalize Downtown
commercial, industrial ,
and recreational areas
and provide housing
opportunities.
Mixed Use projects
should have commercial
on ground floor with
residential on upper
floors.
Density based on lot size
(Larger lots equal greater
density up to 27 DU/Ac).
Residential entries should
be oriented toward the
street.
Lots must be a minimum
of 1.5 acre for residential
development to
encourage lot
consolidation.
SOCA Area Plan-
Sub Area 1
Commercial, industrial
and attached residential
uses allowed similar to
Central Business District
(C-3) zone.
FAR: Up to 0.5
Density: Up to 27 du/ac
Flexible development
standards.
4-2 36 Railway Ave
APN=41209008
No
Application
Filed
Office Poor
Commercial,
Medium-High
Density Res
P-D 0.10 2 20.25
Small underutilized parcel,
would require lot consolida-
tion. Near VTA Station.
4-3 40 Railway Ave
APN=41209007
No
Application
Filed
Outside Storage N/A
Commercial,
Medium-High
Density Res
P-D 0.10 2 20.25
Small underutilized parcel,
would require lot consolida-
tion. Near VTA Station.
4-4 48 Railway Ave
APN=41209006
No
Application
Filed
Single Family
Residential Poor
Commercial,
Medium-High
Density Res
P-D 0.08 2 20.25
Small underutilized parcel,
would require lot consolida-
tion. Near VTA Station.
4-5 64 Railway Ave
APN=41209005
No
Application
Filed
Automotive
Repair Poor
Commercial,
Medium-High
Density Res
P-D 0.18 4 20.25
Building located in the rear
of the property. Small
underutilized parcel, would
require lot consolidation.
Near VTA Station.
4-6 70 Railway Ave
APN=41209004
No
Application
Filed
Single Family
Residential Poor
Commercial,
Medium-High
Density Res
P-D 0.09 2 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-7 86 Railway Ave
APN=41209003
No
Application
Filed
Service Fair
Commercial,
Medium-High
Density Res
P-D 0.21 4 20.25
Building located in the rear
of the property with parking
in front. Small underutilized
parcel, would require lot
consolidation. Near VTA
Station.
4-8 90 Railway Ave
APN=41209002
No
Application
Filed
Office Fair
Commercial,
Medium-High
Density Res
P-D 0.18 4 20.25
Small underutilized parcel,
would require lot consolida-
tion. Near VTA Station.
4-9 116 Railway Ave
APN=41209001
No
Application
Filed
Automotive
Repair Fair
Commercial,
Medium-High
Density Res
P-D 0.18 4 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
10.c
Packet Pg. 225
Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and
Appendix D: Inventory of Opportunity Sites Page D 11
Table D-2: Inventory of Opportunity Sites, City of Campbell Site
ID Address/APN
Application
Status Existing Use
Building
Condition
General Plan
Designation Zoning
Site
Size
Realistic
Units
Usable
Density
(DU/Ac)
Description/ Comments
GP Policies/ Specific
Plans / Area Plans
Development
Standards
4-10 61 Dillon Ave
APN=41209014
No
Application
Filed
Self Storage Poor
Commercial,
Medium-High
Density Res
P-D 0.31 6 20.25
Underutilized parcel, would
require lot consolidation.
Near VTA Station.
(See preceding page) SOCA Area Plan-
Sub Area 3
Commercial, industrial
and attached residential
uses allowed similar to
Central Business District
(C-3) zone.
FAR: Up to 0.5
Density: Up to 27 du/ac
Flexible development
standards.
4-11 75 Dillon Ave
APN=41209015
No
Application
Filed
Service and
warehouse Poor
Commercial,
Medium-High
Density Res
P-D 0.18 4 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-12 89 Dillon Ave
APN=41209016
No
Application
Filed
Office and
warehouse Poor
Commercial,
Medium-High
Density Res
P-D 0.21 4 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-13 103 Dillon Ave
APN=41209017
No
Application
Filed
Automotive
repair Poor
Commercial,
Medium-High
Density Res
P-D 0.09 2 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-14 111 Dillon Ave
APN=41209018
No
Application
Filed
Automotive
repair Poor
Commercial,
Medium-High
Density Res
P-D 0.21 4 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-15 131 Dillon Ave
APN=41209019
No
Application
Filed
Automotive
repair Poor
Commercial,
Medium-High
Density Res
P-D 0.14 3 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-17
139-145
Dillon Ave
APN=41209020
No
Application
Filed
Residential and
Office Poor
Commercial,
Medium-High
Density Res
P-D 0.25 5 20.25
Underutilized parcel, would
require lot consolidation.
Near VTA Station.
4-18 24 Dillon Ave
APN=41209028
No
Application
Filed
Vacant/vehicle
storage N/A
Commercial,
Medium-High
Density Res
P-D 0.30 6 20.25
Underutilized parcel, would
require lot consolidation.
Near VTA Station.
4-19 34 Dillon Ave
APN=41209027
No
Application
Filed
Single Family
Residential Poor
Commercial,
Medium-High
Density Res
P-D 0.22 4 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-20 60 Dillon Ave
APN=41209026
No
Application
Filed
Warehouse Poor
Commercial,
Medium-High
Density Res
P-D 0.20 4 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
10.c
Packet Pg. 226
Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and
Appendix D: Inventory of Opportunity Sites Page D 12
Table D-2: Inventory of Opportunity Sites, City of Campbell Site
ID Address/APN
Application
Status Existing Use
Building
Condition
General Plan
Designation Zoning
Site
Size
Realistic
Units
Usable
Density
(DU/Ac)
Description/ Comments
GP Policies/ Specific
Plans / Area Plans
Development
Standards
4-21 74 Dillon Ave
APN=41209025
No
Application
Filed
Vacant
Warehouse Poor
Commercial,
Medium-High
Density Res
P-D 0.19 4 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
(See preceding page) (See preceding page)
4-22 88 Dillon Ave
APN=41209024
No
Application
Filed
Service Poor
Commercial,
Medium-High
Density Res
P-D 0.20 4 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-23 126 Dillon Ave
APN=41209023
No
Application
Filed
Office and
warehouse Poor
Commercial,
Medium-High
Density Res
P-D 0.39 8 20.25
Underutilized parcel, would
require lot consolidation.
Near VTA Station.
4-24 132 Dillon Ave
APN=41209022
No
Application
Filed
Automotive
Repair Poor
Commercial,
Medium-High
Density Res
P-D 0.13 3 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-25 457 Sam Cava Ln
APN=41209057
No
Application
Filed
Vacant Poor
Commercial,
Medium-High
Density Res
P-D 0.13 3 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-26 57 Gilman Ave
APN=41209032
No
Application
Filed
Single Family
Residential Poor
Commercial,
Medium-High
Density Res
P-D 0.09 2 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-27 63 Gilman Ave
APN=41209033
No
Application
Filed
Single Family
Residential Fair
Commercial,
Medium-High
Density Res
P-D 0.19 4 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-28
71-79
Gilman Ave
APN=41209034
No
Application
Filed
Warehouse Poor
Commercial,
Medium-High
Density Res
P-D 0.29 6 20.25
Underutilized parcel, would
require lot consolidation.
Near VTA Station.
4-29 85 Gilman Ave
APN=41209035
No
Application
Filed
Industrial Poor
Commercial,
Medium-High
Density Res
P-D 0.18 4 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-30 101 Gilman Ave
APN=41209036
No
Application
Filed
Industrial Poor
Commercial,
Medium-High
Density Res
P-D 0.18 4 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
10.c
Packet Pg. 227
Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and
Appendix D: Inventory of Opportunity Sites Page D 13
Table D-2: Inventory of Opportunity Sites, City of Campbell Site
ID Address/APN
Application
Status Existing Use
Building
Condition
General Plan
Designation Zoning
Site
Size
Realistic
Units
Usable
Density
(DU/Ac)
Description/ Comments
GP Policies/ Specific
Plans / Area Plans
Development
Standards
4-31 80 Gilman Ave
APN=412090044
No
Application
Filed
Office and
warehouse Fair
Commercial,
Medium-High
Density Res
P-D 0.35 7 20.25
Underutilized parcel, would
require lot consolidation.
Near VTA Station.
(See preceding page) (See preceding page)
4-32 90 Gilman Ave
APN=412090043
No
Application
Filed
Vacant Poor
Commercial,
Medium-High
Density Res
P-D 0.21 4 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-33 100 Gilman Ave
APN=412090042
No
Application
Filed
Office and
warehouse Poor
Commercial,
Medium-High
Density Res
P-D 0.27 5 20.25
Underutilized parcel, would
require lot consolidation.
Near VTA Station.
4-34 132 Gilman Ave
APN=412090041
No
Application
Filed
Office and
equipment
storage
Poor
Commercial,
Medium-High
Density Res
P-D 0.28 6 20.25
Underutilized parcel, would
require lot consolidation.
Near VTA Station.
4-35 136 Gilman Ave
APN=412090040
No
Application
Filed
Equipment
Storage Poor
Commercial,
Medium-High
Density Res
P-D 0.28 6 20.25
Underutilized parcel, would
require lot consolidation.
Near VTA Station.
4-36 140 Gilman Ave
APN=412090058
No
Application
Filed
Warehouse and
outside storage Poor
Commercial,
Medium-High
Density Res
P-D 0.21 4 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-37
150-164
Gilman Ave
APN=412080048
No
Application
Filed
Service, office
and warehouse Fair
Commercial,
Medium-High
Density Res
P-D 0.48 10 20.25
Underutilized parcel, would
require lot consolidation.
Near VTA Station.
4-38 176 Gilman Ave
APN=412080047
No
Application
Filed
Warehouse Poor
Commercial,
Medium-High
Density Res
P-D 0.39 8 20.25
Underutilized parcel, would
require lot consolidation.
Near VTA Station.
4-39 188 Gilman Ave
APN=412080046
Pre-App
Review
Completed
in 2014, d
Industrial and
warehouse Poor
Commercial,
Medium-High
Density Res
P-D 0.62 15 24.3
Underutilized parcel, would
benefit form a lot
consolidation. Near VTA
Station. The 2014 Pre-
application review project
included five other parcels.
4-40 500 Sam Cava Ln
APN=41208045
No
Application
Filed
Single Family
Residential Poor
Commercial,
Medium-High
Density Res
P-D 0.19 4 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-41 488 Sam Cava Ln
APN=41208044
No
Application
Filed
Single Family
Residential Poor
Commercial,
Medium-High
Density Res
P-D 0.09 2 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
10.c
Packet Pg. 228
Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and
Appendix D: Inventory of Opportunity Sites Page D 14
Table D-2: Inventory of Opportunity Sites, City of Campbell Site
ID Address/APN
Application
Status Existing Use
Building
Condition
General Plan
Designation Zoning
Site
Size
Realistic
Units
Usable
Density
(DU/Ac)
Description/ Comments
GP Policies/ Specific
Plans / Area Plans
Development
Standards
4-42 482 Sam Cava Ln
APN=41208043
No
Application
Filed
Single Family
Residential Poor
Commercial,
Medium-High
Density Res
P-D 0.10 2 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
(See preceding page) (See preceding page)
4-43 472 Sam Cava Ln
APN=41208042
No
Application
Filed
Single Family
Residential Poor
Commercial,
Medium-High
Density Res
P-D 0.10 2 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-44 466 Sam Cava Ln
APN=41208041
No
Application
Filed
Single Family
Residential Poor
Commercial,
Medium-High
Density Res
P-D 0.16 3 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-45 180 Dillon Ave
APN=41208040
No
Application
Filed
Parking Lot N/A
Commercial,
Medium-High
Density Res
P-D
0.14 3 20.25
Small underutilized parcel,
would require lot
consolidation. Separate lot
for the parking lot. Near
VTA Station.
4-46 180 Dillon Ave
APN=41208039
No
Application
Filed
Retail Fair
Commercial,
Medium-High
Density Res
P-D
4-44 186 Dillon Ave
APN=41208038
Pre-App
Review
Completed
in 2014
Manufacturing
and warehouse Fair
Commercial,
Medium-High
Density Res
P-D 0.66 16 24.3
Long, thin and underutilized
parcel, would benefit from a
lot consolidation. Near VTA
Station.
4-45 190 Dillon Ave
APN=41208037
Pre-App
Review Filed
in 2014
Office and
warehouse Poor
Commercial,
Medium-High
Density Res
P-D 0.70 17 24.3
Long, thin and underutilized
parcel, would benefit from a
lot consolidation. Near VTA
Station.
4-46
200 Dillon Ave
APNs=41208049
41208050
41208051
41208052
41208053
No
Application
Filed
Industrial,
warehouse Fair
Commercial,
Medium-High
Density Res
P-D 0.37 7 20.25
Industrial Condominium.
Parcel would require lot
consolidation. Near VTA
Station.
4-47 230 Dillon Ave.
APN=41208034
Pre-App
Review Filed
in 2014
Vehicle storage
yard Vacant
Commercial,
Medium-High
Density Res
P-D 0.14 3 24.3
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-48 240 Dillon Ave
APN=41208033
No
Application
Filed
Office and
Warehouse Poor
Commercial,
Medium-High
Density Res
P-D 0.27 5 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
10.c
Packet Pg. 229
Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and
Appendix D: Inventory of Opportunity Sites Page D 15
Table D-2: Inventory of Opportunity Sites, City of Campbell Site
ID Address/APN
Application
Status Existing Use
Building
Condition
General Plan
Designation Zoning
Site
Size
Realistic
Units
Usable
Density
(DU/Ac)
Description/ Comments
GP Policies/ Specific
Plans / Area Plans
Development
Standards
4-49 260 Dillon Ave
APN=41208032
No
Application
Filed
Warehouse Poor
Commercial,
Medium-High
Density Res
P-D 0.10 2 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
(See preceding page) (See preceding page)
4-50 272 Dillon Ave
APN=41208031
No
Application
Filed
Single Family
Residential Fair
Commercial,
Medium-High
Density Res
P-D 0.09 2 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-51 280 Dillon Ave
APN=41208030.
Pre-App
Review Filed
in 2014
Vacant N/A
Commercial,
Medium-High
Density Res
P-D 0.08 2 24.3
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-52 (No Address)
APN=41208035
Pre-App
Review Filed
in 2014
Vacant N/A High Density
Residential P-D 1.66 40 24.3
Underutilized parcel, could
from an associated lot
consolidation. Near VTA
Station.
4-53 293 Dillon Ave
APN=41208028
No
Application
Filed
Industrial Fair
Commercial,
Medium-High
Density Res
P-D 0.20 4 20.25
Small underutilized parcel,
may require lot
consolidation. Near VTA
Station.
4-54 279 Dillon Ave
APN=41208027
No
Application
Filed
Automotive
Repair Poor
Commercial,
Medium-High
Density Res
P-D 0.19 4 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-55 265 Dillon Ave
APN=41208067
No
Application
Filed
Office and
warehouse Poor
Commercial,
Medium-High
Density Res
P-D 0.19 4 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-56 255 Dillon Ave
APN=41208024
No
Application
Filed
Outside storage N/A
Commercial,
Medium-High
Density Res
P-D 0.13 3 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-57 243 Dillon Ave
APN=41208023
No
Application
Filed
Vacant N/A
Commercial,
Medium-High
Density Res
P-D 0.13 3 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-58 235 Dillon Ave
APN=41208022
No
Application
Filed
Single Family
Residential Fair
Commercial,
Medium-High
Density Res
P-D 0.13 3 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
10.c
Packet Pg. 230
Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and
Appendix D: Inventory of Opportunity Sites Page D 16
Table D-2: Inventory of Opportunity Sites, City of Campbell Site
ID Address/APN
Application
Status Existing Use
Building
Condition
General Plan
Designation Zoning
Site
Size
Realistic
Units
Usable
Density
(DU/Ac)
Description/ Comments
GP Policies/ Specific
Plans / Area Plans
Development
Standards
4-59 227 Dillon Ave
APN=41208021
No
Application
Filed
Single Family
Residential Fair
Commercial,
Medium-High
Density Res
P-D 0.12 2 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
(See preceding page) (See preceding page)
4-60 219 Dillon Ave
APN=41208020
No
Application
Filed
Single Family
Residential Fair
Commercial,
Medium-High
Density Res
P-D 0.12 2 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-61 213 Dillon Ave
APN=41208019
No
Application
Filed
Single Family
Residential Fair
Commercial,
Medium-High
Density Res
P-D 0.12 2 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-62 191 Dillon Ave
APN=41208018
No
Application
Filed
Industrial Poor
Commercial,
Medium-High
Density Res
P-D 0.08 2 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-63 183 Dillon Ave
APN=41208017
No
Application
Filed
Single Family
Residential Fair
Commercial,
Medium-High
Density Res
P-D 0.10 2 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-64 426 Sam Cava Ln
APN=41208068
No
Application
Filed
Warehouse Good
Commercial,
Medium-High
Density Res
P-D 0.29 6 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-65 138 Railway Ave
APN=41208069
No
Application
Filed
Retail and
warehouse Fair
Commercial,
Medium-High
Density Res
P-D 0.26 5 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-66 202 Railway Ave
APN=41208063
No
Application
Filed
Church and
Daycare Poor
Commercial,
Medium-High
Density Res
P-D 0.93 19 20.25
Small underutilized parcel,
could benefit from a require
lot consolidation. Near VTA
Station.
4-67 208 Railway Ave
APN=41208066
No
Application
Filed
Outside
Storage Poor
Commercial,
Medium-High
Density Res
P-D 0.13 3 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-68 216 Railway Ave
APN=41208057
No
Application
Filed
Single Family
Residential Poor
Commercial,
Medium-High
Density Res
P-D 0.13 3 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
10.c
Packet Pg. 231
Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and
Appendix D: Inventory of Opportunity Sites Page D 17
Table D-2: Inventory of Opportunity Sites, City of Campbell Site
ID Address/APN
Application
Status Existing Use
Building
Condition
General Plan
Designation Zoning
Site
Size
Realistic
Units
Usable
Density
(DU/Ac)
Description/ Comments
GP Policies/ Specific
Plans / Area Plans
Development
Standards
4-69 226 Railway Ave
APN=41208056
No
Application
Filed
Vacant Poor
Commercial,
Medium-High
Density Res
P-D 0.09 2 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
(See preceding page) (See preceding page)
4-70 232 Railway Ave
APN=41208006
No
Application
Filed
Outside
Storage Poor
Commercial,
Medium-High
Density Res
P-D 0.09 2 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-71 238 Railway Ave
APN=41208054
No
Application
Filed
Outside
Storage N/A
Commercial,
Medium-High
Density Res
P-D 0.18 4 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-72 264 Railway Ave
APN=41208062
No
Application
Filed
Outside
Storage N/a
Commercial,
Medium-High
Density Res
P-D 0.09 2 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-73 264 Railway Ave
APN=41208061
No
Application
Filed
Retail and
Outside
Storage
Poor
Commercial,
Medium-High
Density Res
P-D 0.17 3 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-74 300 Railway Ave
APN=41208065
No
Application
Filed
Automotive
Repair Poor High Density
Residential P-D 1.56 32 20.25
Larger parcel near VTA
Station. Site development
would benefit from lot
consolidation.
South of Campbell
Avenue Area Plan –
Sub Area 2
Density: Up to 27 du/ac
Flexible development
standards.
Reduced joint use
parking allowed for
mixed use projects.
FAR: Up to 0.5
Density: Up to 27 du/ac
Building Height: 50 ft.
4-75 310 Railway Ave
APN=41203007
No
Application
Filed
Vacant and
Outside Storage Poor High Density
Residential P-D 0.40 8 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-76 320 Railway Ave
APN=41203006
No
Application
Filed
Vacant and
Outside Storage Poor High Density
Residential P-D 0.25 5 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
4-77 328 Railway Ave
APN=41203005
No
Application
Filed
Single Family
Residential and
Vacant
Poor High Density
Residential P-D 0.36 7 20.25
Small underutilized parcel,
would require lot
consolidation. Near VTA
Station.
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and
Appendix D: Inventory of Opportunity Sites Page D 18
Table D-2: Inventory of Opportunity Sites, City of Campbell Site
ID Address/APN
Application
Status Existing Use
Building
Condition
General Plan
Designation Zoning
Site
Size
Realistic
Units
Usable
Density
(DU/Ac)
Description/ Comments
GP Policies/ Specific
Plans / Area Plans
Development
Standards
AREA 5 – WINCHESTER BLVD MASTER PLAN – SOUTH
5-1
2295
Winchester Blvd
APN=30534004
No
Application
Filed
Vacant N/A Central
Commercial P-D 0.28 6 20.25
Small underutilized parcel,
would require lot
consolidation. Near a VTA
Station.
“Neighborhood
Commercial Boulevard”
policies, to promote a
land use mix that is more
oriented to and more
sensitive to adjacent
neighborhood areas. First
floor commercial space is
required. Proposed public
improvements focus on
storefront district-type
street amenities.
Winchester Blvd Master
Plan, Area 2
120 ft. max building
frontage
Max. Height - 45 ft./3
stories
Front/street side 5 ft.
Rear setback 8 ft. min.
(2:1 stepped)
5-2
2305
Winchester Blvd
APN=30534005
No
Application
Filed
Vacant N/A Central
Commercial P-D 0.30 6 20.25
Small underutilized parcel,
would require lot
consolidation. Near a VTA
Station.
5-3
2325
Winchester Blvd
APN=30534006
No
Application
Filed
Retail and
restaurant Poor Central
Commercial P-D 0.54 11 20.25
Small underutilized parcel,
would require lot
consolidation. Near a VTA
Station.
5-4
2345
Winchester Blvd
APN=30536011
No
Application
Filed
Retail, service
and restaurant Poor Central
Commercial P-D 0.30 7 24.3
Part of a large multi-tenant
shopping center. Near a
VTA Station.
“Mixed-Use/Civic
Boulevard” policies:
where parcel size and
street frontage conditions
are generally consistent.
These policies promote a
mixed-use development
pattern that includes a
combination of
“freestanding” office,
residential and
commercial development.
Side setbacks, a frontage
landscape strip (allowed
by the lack of curbside
parking), and, over time,
installation of a central
landscaped median island
will combine to create an
open, “green” character
for these areas.
Winchester Boulevard
Master Plan, Area 1
200 ft. max building
frontage
Ground floor finished
ceiling ht of 15 ft.
FAR: 1.5 (exclusive of
residential uses)
Max. Ht - 55 ft./4 stories;
(min. of two stories)
Front 15 ft.
recommended (7 ft.
minimum)
Side setback 10 ft.
Street side setback 0 ft.
5-5
2365
Winchester Blvd
APN=30536012
No
Application
Filed
Retail and
service Fair Central
Commercial P-D 3.80 91 24.3
Part of a large multi-tenant
shopping center. Near a
VTA Station.
5-6
2375
Winchester Blvd
APN=30536013
No
Application
Filed
Retail and
service Fair Central
Commercial P-D 1.56 37 24.3
Part of a large multi-tenant
shopping center. Near a VTA
Station.
5-7
2415
Winchester Blvd
APN=30536008
No
Application
Filed
Retail and
service Fair
Commercial/
Prof Office/
Residential
P-D 3.26 78 24.3
Part of a large multi-tenant
shopping center. Near a
VTA Station.
5-8
2507
Winchester Blvd
APN=30536004
No
Application
Filed
Retail and
service Fair
Commercial/
Prof Office/
Residential
P-D 1.56 37 24.3
Part of a large multi-tenant
shopping center. Near a
VTA Station.
5-9
2523
Winchester Blvd
APN=30536005
No
Application
Filed
Retail and
service Fair
Commercial/
Prof Office/
Residential
P-D 0.69 17 24.3
Part of a large multi-tenant
shopping center. Near a
VTA Station.
5-10
2525-2565
Winchester Blvd
APN=30539050
No
Application
Filed
Automotive
repair complex Poor
Commercial/
Prof Office/
Residential
P-D 1.72 41 24.3
Campbell Plaza Automotive
Repair Center. Near a VTA
Station.
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and
Appendix D: Inventory of Opportunity Sites Page D 19
Table D-2: Inventory of Opportunity Sites, City of Campbell Site
ID Address/APN
Application
Status Existing Use
Building
Condition
General Plan
Designation Zoning
Site
Size
Realistic
Units
Usable
Density
(DU/Ac)
Description/ Comments
GP Policies/ Specific
Plans / Area Plans
Development
Standards
5-11
2585
Winchester Blvd
APN=30539007
No
Application
Filed
Single Family
Residential Fair
Commercial/
Prof Office/
Residential
P-D 0.18 4 20.25
Small site would benefit
from a lot consolidation.
Near a VTA Station.
Main entrance facing
Winchester or Campbell
Avenue.
5-12
2585
Winchester Blvd
APN=30539008
No
Application
Filed
Single Family
Residential Fair
Commercial/
Prof Office/
Residential
P-D 0.16 3 20.25
Small site would benefit
from a lot consolidation.
Could provide secondary
access to adjacent
opportunity sites. Near a
VTA Station.
5-13
2460
Winchester Blvd
APN=41202032
No
Application
Filed
Retail Nursery Poor
Commercial/
Prof Office/
Residential
P-D 2.38 6 24.3
Summer Winds Nursery
Underutilized site adjacent
to the Winchester VTA
Station.
5-14
2470
Winchester Blvd
APN=41202001
No
Application
Filed
Office Fair
Commercial/
Prof Office/
Residential
P-D 0.61 6 20.25
Site is triangular and would
benefit from a lot
consolidation with the
adjacent site. Near a VTA
Station.
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and
Appendix D: Inventory of Opportunity Sites Page D 20
Table D-2: Inventory of Opportunity Sites, City of Campbell Site
ID Address/APN
Application
Status Existing Use
Building
Condition
General Plan
Designation Zoning
Site
Size
Realistic
Units
Usable
Density
(DU/Ac)
Description/ Comments
GP Policies/ Specific
Plans / Area Plans
Development
Standards
AREA 6 – DOT AVENUE PROPERTIES
6-1
464 W Campbell
Ave
APN=30530007
No
Application
Filed
Single Family
Home Poor
Medium
Density
Residential
P-D 0.95 14 15.0
Small underutilized parcel.
Single ownership would
facilitate lot consolidation.
There are no specific
policy or criteria in the
General Plan that apply
exclusively to this area.
As a result, the standard
citywide provisions apply.
Projects are evaluated
on a case-by-case basis
to achieve the minimum
residential density.
6-2 No Address
APN=305300006
No
Application
Filed
Vacant N/A
Medium
Density
Residential
P-D 0.53 8 15.0
Small underutilized parcel.
Single ownership would
facilitate lot consolidation.
6-3 No Address
APN=305300005
No
Application
Filed
Vacant N/A
Medium
Density
Residential l
P-D 0.60 9 15.0
Small underutilized parcel.
Single ownership would
facilitate lot consolidation.
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and City of Campbell
2015-2023 Housing Element
Appendix E: Public Outreach Documentation Page E 1
APPENDIX E. PUBLIC OUTREACH DOCUMENTATION
This section of the Housing Element provides documentation of the City’s outreach and public participation activities related to the development of the 2015-2023 Housing Element. The following activities are documented in this Appendix.
A. City Website Information on Housing Element
B. First Community Outreach Meeting – February 10, 2104
1. Meeting Notice
2. Distribution and Mailing List
3. Images of Meeting
C. Second Community Outreach Meeting– April 29, 2014
1. Meeting Notice
2. Added Distribution List Names (from the First Outreach Meeting)
3. Non-Profit Housing Association Website
4. Campbell Express Website Announcement
5. Image of Preferred Housing Location “Dot Exercise” Results
6. Image of Sample Preferred Housing Type Survey
D. Images of City Council Study Session – June 17, 2014 A summary of the results of the various meetings listed above are included in the body of the Housing Element.
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and Programs) City of Campbell
2015-2023 Housing Element
Appendix E: Public Outreach Documentation Page E 2
A. City Website
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and Programs) City of Campbell
2015-2023 Housing Element
Appendix E: Public Outreach Documentation Page E 3
B. First Community Outreach Meeting – February 10, 2014
1. Invitation flyer (sent by regular mail or by e-mail) and printed in the local newspaper, the Campbell Express on January 29, 2014.
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and Programs) City of Campbell
2015-2023 Housing Element
Appendix E: Public Outreach Documentation Page E 4
2. Mailing List
AARP, Marilyn Clough, President Campbell
Chapter
Affordable Housing Advocates
Aki Snelling
Al Bito
Barry Swanson Builders, Josh Burroughs
Bicycle Advisory Committee
Bridge Housing, Cynthia A .Parker
Building Board of Appeals
CAANET, Joshua Howard
Cambrian School District, Dr. Deborah Blow
Cambrian School District, Wendy Corkery
Campbell Chamber, Dave Perry
Campbell Chamber of Commerce
Campbell Community Center Neighborhood
Association, Tim Grabau
Campbell Union HSD, Gaylene Hinkle
Campbell Union HSD, Patrick Gaffney
Campbell Union School District, Dr. Eric
Andrew
Campbell Union School District, Ruth Smith
Campbell Village Neighborhood Assn, Lisa
Harmer
Catholic Charities of SCC, Margaret Williams
Catholic Charities of SCC, Marlene Siebert
Charities Housing, Kathy Robinson
City Ventures, Phil Kerr
Civic Improvement Commission
Corinthian House Campbell
Council Members
Cypress Group, Steve Schultz
David Downs
David Duran
DT Campbell Neigh Assn, MaryanneYoshikawa
Eden Housing, Linda Mandolini
EHC LifeBuilders
First Housing, Jeff Oberdorfer
Metropolitan Planning Group, Geoff Bradley
Habitat for Humanity East Bay Silicon Valley,
Nataie Monk
Habitat for Humanity East Bay-Silicon Valley,
Meg Fitts
Habitat for Humanity East Bay-Silicon Valley,
Michele Choi
HACSC, Aleli Sangalang
Hamann Park Neigh Assn, Vince Navarra
HBANC, Crisand Giles
Historic Preservation Board
Housing Choices Coalition, Jan Stokley
IVSN, Karae Lisle
Joanne Fairbanks
John Hawkings
Joint Venture, Russell Hancock
Joni Steele
Law Foundation of SCC, Alison Brunner
Law Foundation of SCC, Christina Lum
Law Foundation of SCC, Melissa Morris
League of Women Voters, Roberta Hollimon
Legal Aid Society, Mara Zlotoff
Liz Gibbons
LWVC, Jennifer Waggoner
Marc Scheurer
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and Programs) City of Campbell
2015-2023 Housing Element
Appendix E: Public Outreach Documentation Page E 5
Mark Fisher
Merrill Gardens, Cathey – General Manager
MidPen Housing, Matt Lewis
MidPen Housing, Matthew Franklin
MidPen Housing, Jan Lindenthal
MidPen Housing, Peter Villareal
Mike Torres
NEXTDOOR.COM, via Al Bito
NHSSV, Matthew Huerta
Non-Profit Housing Assn of N CA - Pilar
Lorenzana-Campo
Opportunity Fund, Liz Givens
Organization of Special Needs Families, Sandra
James
Outreach and Escort, Kathryn Heatley
Parks and Recreation Commission
Planning Commission
Planning Division
Project Sentinel, Andy Van Deursen
Prometheus REG, Jackie Safier
Pruneyard-Dry Creek Neigh Assn, Jane Harmer
Rebuilding Together Silicon Valley
Rebuilding Together-Silicon Valley, Bev
Jackson
Rental Increase Fact Finding Committee
Richard Herrera, SCC Vets
Robson Homes, Mark Robson
San Tomas Neigh Assn, Jackie Wyckoff
Santa Clara Family Health Foundation,
Kathleen King
SARC / Tom Yetter
SCC Assn of Realtors, Jessica Epstein
SCC Council of Churches, Rev Margo Tenold
Senior Adults Legal Assistance, Georgia Bacil
Senior Housing Solutions
Sharon Teeter
Silicon Valley Leadership Group, Bena Chang
Step Up SV, Almaz Negash
Suzette Rios-Scheurer
SVLG, Shiloh Ballard
Timber Cove HOA, Bud Souza
United Way Silicon Valley, Carole Hutton
Westley Manor
William Seligmann
YWCS Silicon Valley – Support, Sandy Davis
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and Programs) City of Campbell
2015-2023 Housing Element
Appendix E: Public Outreach Documentation Page E 6
3. Images of First Community Outreach (Question & Answer) Meeting
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and Programs) City of Campbell
2015-2023 Housing Element
Appendix E: Public Outreach Documentation Page E 7
C. Second Community Outreach Meeting – February 10, 2014
1. Invitation flyer (sent by regular mail or e-mail as appropriate) and printed in the local newspaper, the Campbell Express on April 16, 2014.
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and Programs) City of Campbell
2015-2023 Housing Element
Appendix E: Public Outreach Documentation Page E 8
2. Community Outreach Meeting Mailing List – Names Added after First Meeting
Ardie Zahedani
Barbara Derbyshire
David Snyder
Eric Bracher
Greg Hoque
Jo-Ann Ash Fairbanks
John Razumich
Lillie Richard
Liz Gibbons
Mark Linder
Mark Shorett
Mary Jo Gorney-Moreno
Natalie Monk - Habitat for Humanity
P. Sausedo
Renee Schiavone, Campbell Patch
Sally Howe, Campbell Express
Therese Piccolo for Robert Hicks
Vivek Bansal
Vivian Bracher
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and Programs) City of Campbell
2015-2023 Housing Element
Appendix E: Public Outreach Documentation Page E 9
3. Non-Profit Housing Association Website
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and Programs) City of Campbell
2015-2023 Housing Element
Appendix E: Public Outreach Documentation Page E 10
4. Local On-line Newspaper Website
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and Programs) City of Campbell
2015-2023 Housing Element
Appendix E: Public Outreach Documentation Page E 11
5. Results of Housing Location Preference “Dot Exercise”
Green Dots – Preferred YES Locations Red Dots – Preferred NO Locations
Light Blue Bascom Avenue Corridor
Violet NOCA Area Plan
Orange East Campbell Avenue Master Plan
Blue SOCA Area Plan
Pink Union Avenue Area
Red Upper/North Winchester Blvd Master Plan
Gold Lower/Southern Winchester Blvd Master Plan
Purple Dot Avenue Area
Green West Hamilton Avenue Area
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and Programs) City of Campbell
2015-2023 Housing Element
Appendix E: Public Outreach Documentation Page E 12
6. Results of Housing Type Preference Survey (Sample of Complete Survey)
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and Programs) City of Campbell
2015-2023 Housing Element
Appendix E: Public Outreach Documentation Page E 13
D. Images from City Council Study Session – June 17, 2014
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and Programs)
This Page Left Intentionally Blank
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Attachment: Campbell Housing 2015-2023 Housing Element (Campbell's Plan for Housing - Policies and Programs)
City
Council
Report
TITLE: Review of the City’s Below -Market Rate Housing Program and Identified Improvement Plan.
RECOMMENDED ACTION
That the City Council provide direction on th e recommended Below -Market Rate Housing Program improvement plan.
BACKGROUND
The City's General Plan implements the established policy of the State of California that each community should foster an adequate supply of housing for people at all economic levels. Historically, the City of Campbell’s Redevelopment Agency aided in the production of affordable housing (until it was dissolved on January 17, 2012) as well as development projects conforming with Density Bonus Law (California Government Code Sections 65915 – 65918). In 2006, the City Council adopted an Inclusionary Housing Ordinance which generally requires projects with 10 or more units to reserve 15% of the units for affordable housing. Today, the City’s Below -Market Rate Housing Program (hereinafter “BMR Program”) maintains 217 active units, consisting of 84 homeownership units, 51 rental units, and 82 loan units.
On June 7, 2016, the City of Campbell hired HouseKeys to serve as the City’s Below Market Rate (BMR) Housing Program Administrator (he reinafter “BMR Administrator”).
As the BMR Administrator, HouseKeys is primarily responsible for preparing and maintaining BMR guidelines and program materials, coordinating all real estate transactions and agreements, conducting annual compliance monitori ng, and enforcing BMR agreements and deed restrictions.
Recognizing that last year marked the City’s 5th year of partnership with HouseKeys, the City Council at its June 1, 2021, meeting directed staff to hold a meeting to discuss opportunities to improve the program. This report responds to that request.
EXECUTIVE SUMMARY
With the administration of any program, it is important to routinely evaluate how established goals and objectives relate to achieved outcomes.
The purpose of this report is to prov ide an evaluation of observed challenges with the BMR Program, identify recommended solutions, and solicit Council feedback on the Item: 11
Category: UNFINISHED BUSINESS
Meeting Date: March 15, 2022
11 Packet Pg. 250
Below-Market Rate Housing Improvement Plan Page 2 of 9
options presented. This report is divided into ‘Near -Term’ and ‘Long -Term’ challenges and solutions. The Near -Term section in cludes an evaluation of the program in its existing state and identifies improvements that can be implemented over the short term.
This includes the following key program areas for review: 1) Program Administration; 2) Fiscal Resiliency; 3) Rental Program ; 4) Ownership Program; 5) Loan Program; and 6) Compliance Program. Each section identifies challenges and potential solutions based on feedback from HouseKeys, Staff, and observations of industry best practices.
Separately, as Staff anticipates a signif icant growth in the BMR Program in association with the development of over 3,000 housing units during the next eight years under the City’s Housing Element (“Campbell’s Plan for Housing”), the Department requested and received from Council a modification in the Fiscal Year 2022 mid-year budget to hire an outside housing program expert to audit the program and make recommendations for its sustainable growth, incorporating a resilient fiscal and management model. This workplan will be used to make ‘Long-Term’ improvements to the program.
Near-Term Challenges and Solutions
1) Program Administration
Since starting as the BMR Administrator, HouseKeys has worked to scan and organize City-records, develop application/participation and pricing guides, create a robust lottery management system, and host training materials online in response to COVID -19 restrictions. The Consultant Services Agreement further outlines the ongoing services offered by HouseKeys , as well as performance measures to gauge success (refer ence Attachment A). While these improvements have been beneficial, Staff has identified the following ongoing and upcoming challenges to program administration.
Program Administration Challenge #1 : The Scope of Services in the Consultant Services Agreement are outdated, and do not include performance measures that can be independently verified by Staff (i.e., respond to inquiries within 48-hours of request).
➢ Recommended Solution(s):
o Update the scope of services to include a list of reports and materials to be prepared by HouseKeys staff each year as well as items requiring routine maintenance (i.e., annual pricing guides).
o Update the performance measures in the scope of services to provide deadlines for items included in the scope of services.
o Explore ways for program participants to provide feedback directly to City Staff (i.e., customer service satisfaction surveys) on services which already have a performance measure (i.e., average response times), or may warrant the creation of a performance measure or program improvement (i.e., clarity of program materials).
Program Administration Challenge #2: Sections of the Campbell Municipal Code related to the permit processing, allocation, and assignment of below -market rate housing units 11 Packet Pg. 251
Below-Market Rate Housing Improvement Plan Page 3 of 9
are outdated (e.g., SB35, AB2345, ranking criteria used in the below -market rate housing program).
➢ Recommended Solution(s):
o Establish an annual review with recommendations on required updates to the Campbell Municipal Code to conform with new legislation addressing BMR Program management and update outdated sections as part of the Consultant Services Agreement with HouseKeys.
Program Administration Challenge #3 : Housing Agreements are outdated and do not account for “lessons learned” (e.g., do not disclose recertification requirements, provide a list of acceptable materials to substantiate owner occupancy).
➢ Recommended Solution(s):
o Update the HouseKeys Consultant Services Agreement to include a requirement to update the Housing Agreements to reflect best practices and include clear recertification requirements.
2) Fiscal Resiliency
The Housing Program is funded by Fund 233 1 which was created following the dissolution of the City’s Redevelopment Agency. For ongoing revenue, the program collects money from the sale of ho using units (see ‘Ownership Program’), loan payoffs and interest payments, and the collection of miscellaneous transaction fees. Last year the program also received a one -time housing in -lieu fee payment (i.e., Mozart Subdivision) but such revenues are rar e and not anticipated to occur frequently in the future unless the program is changed (see ‘Ownership Program’).
The City pays for the administration of the Housing Program by a flat rate fee of $137,200, which HouseKeys has not increased over the past f ive years, as well as miscellaneous transaction fees which are paid for by new and existing program participants. The program is also supported by 0.40 FTE (Full -Time Equivalent) of a Senior Planner position, and costs include legal fees (see ‘Compliance Program’).
Fiscal Resiliency Challenge #1: While staff anticipates that existing funding sources are sufficient to support program expenditures for several more years, the program is not fiscally resilient as costs continue to exceed revenues and are not sustainable in the long-term.
➢ Recommended Solution(s):
o Increase the fees charged to homebuilders.
1 Created following the dissolution of the redevelopment agency, Fund 233 is a successor agency fund which has restrictions on its use. Generally, the fund may be used for monitoring and preserving affordability covenants, administrative costs, homeless prevention, and development of affordable housing. The services offered by HouseKeys is consistent with the fund restrictions. 11 Packet Pg. 252
Below-Market Rate Housing Improvement Plan Page 4 of 9
o Establish a fund to purchase units immediately from program participants and collect the difference in sales price when an increase in the household income limit increases while the unit is still held by the City. For example, a unit may be purchased by the City for the maximum price allowed for an income category (i.e., $500,000), but may not be sold for several months until the lottery process has been co mpleted and the new owner income qualifications are verified. During this time the maximum sales price for an eligible household may have increased (i.e., $525,000) and the City could capture the difference. In most circumstances, homeowners would prefer that the City take this approach, since below -market rate unit s generally take longer to sell than market-rate units.
3) Rental Program
The BMR rental program currently includes 51 rental units 2 spread across five (5) apartment developments: Alvin’s Corner (Hamilton Ave.), Merrill Gardens (Winchester Blvd.), Revere (Bascom Ave.), St. Anton (Railway Ave.), and Winchester Station (Winchester Blvd.). The management of these units presents the following challenges:
Rental Program Challenge #1 : The eligibility requirements of renters in rental units are reviewed and enforced on an annual basis resulting in a greater turnover of units when renters exceed income limits.
➢ Recommended Solution(s):
o Allow an applicant to exceed -income limits for the first occurrenc e. If the household continues to exceed the limits on the following certification (the following year), provide the household with 30 days to vacate the unit. o Allow the household’s rent to increase to Market Rate and increase the rent to 30% of the Househ old’s Income. The difference in rent would be paid back into the program.
Rental Program Challenge #2 : Renters that began renting BMR units prior to the adoption of the BMR Rental Application/Participation Guides may not comply with today’s program requ irements. For example, a renter may previously have qualified for a unit exclusively based on income eligibility, however starting in 2018 , the guidelines require a two-prong test of eligibility based on income and assets. The BMR Guide does not specify ho w the City should ‘grandfather’ these renters in accordance with the new guidelines.
➢ Recommended Solution(s):
o Update the BMR Rental Application/Participation Guides to clarify applicability of program requirements to units that entered the program prior to 2018.
2 Campbell is also home to a number of affordable rental developments that do not have oversight by the City or the BMR Administrator (Avalon, Corinthian, El Parador, San Tomas Gardens, Rincon Gardens, Sharmon Palms, Wesley Manor), although HouseKeys does collect data on some of these programs (e.g., Avalon, San Tomas Gardens and Sharmon Palms).
11 Packet Pg. 253
Below-Market Rate Housing Improvement Plan Page 5 of 9
Rental Program Challenge #3 : The program guides do not include occupancy limits for studio units. As a result, it is unclear if the same occupancy standard that applies to one-bedroom units should also apply to studio units.
➢ Recommended Solution(s):
o Update the BMR Rental Application/Participation Guides to clarify the maximum number of occupants allowed in a studio unit to match the number allowed in a one-bedroom unit (maximum of three) or be reserved for smaller households (maximum of two).
4) Ownership Program
The BMR ownership program currently includes 84 units spread across 16 developments, including: Orchard Grove, Grant Street, Ainsley Place, Campbell Manor, Heritage Place, Park Town Place, Sonata Place, George Court, Hamilton Square , North Second Street, Maravilla, Penny Lane, Palomar, Cottage Place, Madison, and Town 38.
Units included in the homeowner program either have resale restrictions 3, City financing (loans), or a combination of resale restrictions and City financing. The ma nagement of these units present the following challenges:
Ownership Program Challenge #1 : Ownership units do not remain in the program over time because the unit resale price (which is increased to capture homeowner equity) does not always qualify for th e same level of affordability as when the unit entered the program.
➢ Recommended Solution(s):
o Explore creating a program to ‘buy down’ the affordability of units when close to an eligible income level to maintain units in the program.
Ownership Program Challenge #2 : The pricing procedures for resales (i.e., deferred maintenance, capital improvements, and depreciation schedule - including eligible repair categories and budgets) are unclear. Further, upon the sale of a unit there are no clear guidelines to determine when a repair will be required (i.e., replace all carpets that are older than five years, repaint all walls to white).
➢ Recommended Solution(s):
o Update the BMR Owner Application/Participation Guides to clarify the pricing procedures and repair requirements.
Ownership Program Challenge #3 : Ownership units do not have clear ‘minimum furnishing requirements’ such as air conditioning, ovens, dishwashers, or refrigerators upon initial sale resulting in challenges by developers’ post-entitlement.
3 Resale restrictions include term limits (i.e., 25, 30, 35, or 45-year term limits) and affordability limits (i.e. low, moderate).
11 Packet Pg. 254
Below-Market Rate Housing Improvement Plan Page 6 of 9
➢ Recommended Solution(s):
o Update the BMR Owner Application/Participation Guides to clarify minimum unit requirements.
Ownership Program Challenge #5: Ownership units are often not as well maintained as market-rate units and there is not a clear enforce ment mechanism to compel an owner, outside the sale of the unit, to improve the condition of the property.
➢ Recommended Solution(s):
o Update the Consultant Services Agreement with HouseKeys to include a routine inspection of units (i.e., every so many ye ars) in the program and fund the program to re habilitate units during occupancy which is repaid upon the sale of the unit.
5) Loan Program
HouseKeys also manages the City’s affordable housing revolving loan program.
Management of the loan program include s processing and underwriting refinance requests, calculating all pay -off demands, preparing, and processing all loan documents, issuing required disclosures and tax forms, and collecting pay -off of first - time homebuyer loans issued by the City when loans were actively being provided to Campbell residents. The management of this program presents the following challenges.
Loan Program Challenge #1 : Older loans require the payment of the greater of simple interest or a percentage of equity the loan represent s upon the sale of the unit. As a result, owners who seek to pay -off a loan ‘early’ (while still living in the unit) lack clear protocols on how to proceed.
➢ Recommended Solution(s):
o Update the BMR Owner Application/Participation Guides and/or create a new BMR Loan Application/Participation Guide to clarify how the procedures for when a loan may be paid off early, such as by requiring an appraisal which considers the value and depreciation of improvements.
Loan Program Challenge #2 : The program benefit s have declined over time and may not address the needs of the community. For example, first time homebuyer loans were once offered by the City under the City’s Redevelopment Agency but that practice was discontinued before identifying a new source of funding.
➢ Recommended Solution(s):
o Explore expanding the program to help provide first -time homebuyer loans, rent relief during pandemics (to meet minimum requirements to avoid eviction), and missing middle housing (some households earn too much to qualify f or below -market rate housing, but also do not earn enough to afford market-rate housing).
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6) Compliance Program
In November of 2018, the City Council approved BMR Guidelines which included actions and timelines for compliance (reference Attachment B – BMR Guidelines; established by CC Resolution 12375). Since adoption and implementation of these Guidelines, Housekeys and staff ha ve identified the following challenges in managing the enforcement program:
Compliance Program Challenge #1 : Program suffers fr om delays in enforcement while waiting for authorization and funding to enforce on units found to be out of compliance.
For example, a homeowner may be found to be out of compliance with their owner occupancy restriction, but legal action is deferred until staff can hold a closed session with the Council to provide the details of the case and receive authorization for action and funding.
➢ Recommended Solution(s):
o Establish an ‘enforcement fund’ which can be used when owners/tenants are found out of compliance.
Compliance Program Challenge #2 : Section 9.1 of the Consultant Services Agreement requires HouseKeys to indemnity and defend the City from claims caused by or arising out of the program. As a result, HouseKeys is responsible for the legal costs of defending the City against legal challenges resulting from administration of the program, even where there is no fault by HouseKeys, in the services they provide.
➢ Recommended Solution(s):
o Consider modifying the upcoming FY 22/23 Consultant Services Agreement and clarify circumstances in the agreement where HouseKeys will be responsible for legal costs by updating the indemnification clause accordingly.
Compliance Program Challenge #3 : The program does not provide administrative remedies for agreement v iolations outside of taking legal action. For example, a homeowner that is in default o n their agreement is not provided an opportunity to attempt to mediate their case and/or pay a penalty for that non-compliance.
➢ Recommended Solution(s):
o Consider esta blishing a mediation program and/or penalty program for non-compliant units.
Long-Term Challenges and Solutions
The BMR program will need to scale to accommodate the production and management of approximately 3,000 new housing units in the next eight years. With a limited number of companies that provide BMR housing administration to communities in the area, the availability of consultant services will be increasingly strained by anticipated demands.
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production, the City may need to evaluate ways to support or assume program administration in the event of service delivery challenges.
Long term challenges to the program include both fiscal resiliency (current and projected future revenue sources are not adequate to fund program administration), and institutional capacity (both City staffing and consultant services dedicated to managing the program are insufficient to manage growth in the program). In addition, staff anticipates that the City will need additional resources to stay abreast of future updates in state housing laws and to identify innovative policy and funding solutions to address Campbell’s housing needs.
As described in the mid-year budget request, staff is preparing to distribute an RFP later in the Spring of 2022 that will request an outside Housing Program expert to review the current state and projected future demands of Campbell’s Housing program and make recommendations on fiscal and management improvements t o expand the program into a sustainable business model.
FISCAL IMPACTS
While there is no fiscal impact associated with receipt of this informational report, the BMR Program faces significant long-term challenges with fiscal resiliency.
NEXT STEPS
Based on Council feedback and direction, staff will return with amendments to the BMR Rental Application and Owner Application/Participation Guides, Consultant Services Agreement with HouseKeys which is due for renewal on June 30, 2022, and a draft scope of ser vices for a Housing Program Audit prior to release of a Request for Proposals (RFP).
Prepared by:
Stephen Rose, Senior Planner
Reviewed by:
Rob Eastwood, Community Development Director
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Approved by:
Brian Loventhal, City Manager
Attachment:
a. 2021-2022 HouseKeys Consultant Services Agreement
b. BMR Rental-Owner Application and Participation Guides 11 Packet Pg. 258
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City of Campbell / HouseKeys
Below Market Rate (BMR) Program
Rental Application Guide
[November 2018 Draft]
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TABLE OF CONTENTS
1. Introduction Page 2
2. Online Web Portal Page 3
3. Establishing an Account Page 4
4. Household Information Profiles Page 5
5. Application Process Page 6
6. Below Market Rate (BMR) Maximum Rental Rates Page 11
7. Tenant Selection, Lease Signing, and Move In Page 12
8. Participant / Tenant Compliance, Responsibilities, and Annual Recertification Page 13
9. The Application File Structure & Application Criteria Page 14
10. Eligibility Criteria and Preferences Page 15
11. Qualification Factors Page 19
12. Income Inclusion and Exclusion Page 21
13. Reasonable Accommodation and Exception Requests Page 24
14. Landlord Compliance and Owner / Management Responsibilities Page 25
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1. INTRODUCTION
HouseKeys is the City of Campbell’s Affordable Housing Program Administrator. This Rental Application Guide includes the guidelines, policies, and procedures that comprise the Affordable Rental Program for Below Market Rate (BMR) units.
Applying for, renting, and following leasing rules on an Affordable Rental Unit differs in many ways from renting at market rate. These differences include maintaining income eligibility during the entire lease term. It is important that prospective tenants understand the rules and procedures of the City’s Affordable Housing Program (“Program”) fully.
The Program Application Guide and other relevant information (e.g., Ordinances, procedures, and income limits), will be amended and updated from time to time . All proposed changes are subject to approval by the City Council prior to implementation and shall comply with state and federal affordable housing laws.
Updates to this Program Application Guide and other relevant information will be posted on the HouseKeys website
Please contact HouseKeys with any questions or concerns regarding this document or any other question regarding the City’s affordable housing program:
Online: http://www.housekeys2.com
Email: [email protected]
Phone: 1-877-460-KEYS (5397)
Address: 70 N. First Street Campbell, CA 95008
ALL GUIDELINES ARE SUBJECT TO CHANGE WITHOUT NOTICE
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2. ONLINE WEB PORTAL DASHBOARD OVERVIEW
Information Profiles Tools & Planning Program Center
Information Profiles are used to
gather important facts that
determine your eligibility and
qualification. Th ese profiles will
be used by the Program
Administrator to complete your
Program application and
determine your eligibility to
participate in Program activities.
There are many calculations
involved in an Affordable
Housing Program. From
calculating the income category
of your household, to
determining your maximum
restricted rent pr ice and utility
allowance, it’s important to
understand the math behind
these Programs.
All Application, Opportunit ies,
Opportunity Drawing s, and
Participation Activit ies are
captured in your Program
Center. As soon as you
complete your initial registrati on,
this is where you’ll spend the
most time participating in the
Program.
Program File Cabinet Program Marketplace Community Center As you start to apply for and
participate in Program activities,
your file cabinet is where you’ll
track progress, exchange
information, and communicate
with Program administrators.
The Program marketplace is
where you can shop for
ownership, rental, and financing
opportunities.
The online community center will
have a classroom, a bulletin
board, and chatroom so you can
stay educated, informed and in
touch with other Program
participants and stakeholders.
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3. ESTABLISHING AN ACCOUNT (HOUSEHOLD PROFILE) IN THE MYHOUSEKEYS (WWW.MYHOUSEKEYS.COM)
The following five (5) actions are the initial steps needed to establish your household’s affordable housing account.
REGISTRATION
PROCESS ACTION OR MILESTONE
1. Initial Signup
Start out by completing our simple registration form. This step collects very basic information from you to establish a User Account, including your name, contact information, and your household size and income.
2. Complete the
Registration Wizard
The next step includes additional details about your address, household members, income profiles, and preference criteria. The preference criteria are described on Step 5 of the Registration Wizard. Completion of the Wizard will create a summary of your household and provide you with access to additional features of the Administrator Platform.
3. Browse the
Marketplace
The Marketplace allows you to shop for Ownership, Rental and Finance Program opportunities that interest you. Make sure to read the Program Profile and get an understanding for how it works, the intent, the rules and the process.
4. Request an
Application I.D.
The Application I.D. allows the Program Provider and Administrator to identify your household as a prospective applicant household. It also puts you on the notification list to receive information and updates.
5. Find an Opportunity
and Enter an
Opportunity
Drawing
Each Opportunity is placed into an Opportunity Drawing that allows HouseKeys to facilitate multiple applicant interest. Application I.D.s are prioritized through a Random Selection Process (Lottery) or by Time and Date Stamp (First -Come- First-Serve).
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4. HOUSEHOLD INFORMATION PROFILES
HouseKeys holds orientation classes t o introduce the Program and help applicant Households organize their application files and prepare for the application process. The application packet is broken down into 10 Household Information Profiles:
# Information
Profile Name
Description Purpose
1 Location Profile Where you live and
where you work
The address where you live and work is an important factor in determining your eligibility. The county you presently live in, or may be moving to, is often used to determine how to categorize your household.
2 Member Profile The people who live in
your housing unit
The number of people in your household determines your household size and household size is used to determine income category.
3 Income Profile Documenting the total
income of all
household members.
Income documentation is required by all household members who are 18 years of age or older
4 Expense Profile Documenting monthly
expense obligations
It’s important to ensure that your total monthly expenses show that you can afford the monthly rent for the unit you are applying for 5 Asset Profile Deposit Funds and
other Assets
You need to document your rental deposit funds. Please note that Assets are included in income calculations using the income shown on statements or calculations used by the Program Underwriter. See Asset Limits below. 6 Liability Profile Your Debt Your debt adds to monthly expenses and the maximum monthly rent that you can afford is an important qualification factor
7 Credit Profile Your Credit Score All three credit bureaus (Equifax, Experian, and TransUnion) are evaluated to ensure you meet minimum credit requirements
8 Public Record
Profile
Collections, Liens,
Bankruptcies and
Foreclosures
These are evaluated to determine whether or not there is any risk that the finalization of lease signing or meeting any of the property management requirements.
9 Demographics
Profile
Applicant
Characteristics
Demographic information is critical to ensure fair housing compliance and to track how Program Providers are meeting their housing goals. 10 Program
Preference Profile
Program Factors that
determine Applicant
Priority
While all applicants may apply for a housing program, applicants that live and work where the program is located are prioritized in many jurisdictions.
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5. APPLICATION PROCESS
5A. APPLICATION PROCESS (ORIENTATION, PRE-APPLICATION, AND PREFERENCES)
The application process is summarized below and on the following pages:
ORIENTATION
• All applicants, co-applicants, married couples, domestic partners, and any person that can or will be on the lease, must complete the Orientation before being eligible to participate in an Opportunity Drawing. Any exceptions to this rule will be posted in the Opportunity Drawing details. Applicants can sign up for an orientation class on the HouseKeys website.
PRE-APPLICATION AND APPLICATION ID ASSIGNMENT
• Request an Application ID in the Program Center
• Answer all of the Pre-Application Questions in the Request Wizard • The applicant will either receive a pass or fail rating based on the information in the pre-application wizard • If the applicant passes, an Application ID will be assigned immediately. If there is a system delay or malfunction, Applicat ion IDs can take up to 10 business days to be assigned.
• An Application ID does not mean you are eligible or approved for the Program. It provides the applicant Household with the ability to enter Opportunity Drawings.
PREFERENCES AND RANKING
In all instances, the live in Campbell / work in Campbell / work-for Campbell preference ( described in Section 9) will be used and verified by HouseKeys during the application process. Applicant Households that meet the stated preference criteria will be assigned a higher ranking. Once the preferred Household list is exhausted, HouseKeys will begin processing the files for the non- preference households.
Continued next page
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5B. APPLICATION PROCESS (OPPORTUNITY DRAWINGS)
Affordable Rental Opportunities are marketed through an Opportunity Drawing (i.e., lottery). Applicant Households enter an Opportunity Drawing using their Application ID number.
OPPORTUNITY NOTIFICATION
• A notification email will be sent out to Application ID holders. When a new Opportunity Drawing is released it will be posted in the Program Center
• Follow the instructions and review the terms in each Drawing Notification. It is the applicant Household’s responsibility to follow all instructions in each Opportunity Drawing, based on the method used. Each Opportunity Drawing announcement will include the selection method, file submission instructions, and one or more deadlines that the applicant Household must meet.
OPPORTUNITY ENTRY
• Once the applicant reviews the Opportunity Drawing information and is certain that he/she can meet ALL listed requirements, the applicant can follow the instructions to Enter Drawing
• Applicant must complete Authorization Form for verification and sharing information with Property Management (landlord) • Applicant must complete the Intent to Abide Form to confirm that the applicant understands the Program Requirements • Applicant Households can only apply for one Opportunity Drawing at any one time. If an applicant Household has entered more than one drawing, the lowest ranked submission will be chosen. Applicant Households are allowed to opt out of any drawing as long as the “opt out form” is submitted before an applicant Household enters another drawing. • If there is another Opportunity Drawing available at the same time, the applicant can opt out of one Opportunity Drawing to ente r another, if it is done before the Opportunity Drawing submission deadline. • If a household applies for two opportunities at the same time, and obtains two priority numbers, the applicant will be assigned the lower priority number.
• In some cases, the Opportunity Drawing will remain open until all applicable units are leased. Anyone who enters their Application ID into an Opportunit y Drawing after the first deadline will be added to the end of the list using the time and date stamp of their Opportunity Drawing entry.
• Ranking and file request numbers are issued to set the processing order for each Opportunity Drawing. A new ranking and file request number will be issued every time an applicant Household participates in a new Opportunity Drawing. Ranking, file request, and Application ID numbers are not transferable.
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5C. APPLICATION PROCESS (OPPORTUNITY DRAWING METHODS)
When an Opportunity becomes available, HouseKeys uses the methods outlined below to determine the order in which Application IDs and files will be ranked and organized for review.
METHOD 1: LOTTERY SELECTION AND ASSIGNMENT
All applicant Households that enter their Application ID numbers into an Opportunity Drawing by the deadline will receive an Application ID ranking. If a Lottery is held, Application IDs will be chosen at random and assigned an Unfiltered Ranking nu mber based on the order in which they were drawn.
Each Application ID on the Unfiltered Ranking list will be re- ordered to account for the Live/Work Preference and a new ranking list Filtered by Live/Work Preference will be created. The Unfiltered Ranking num ber becomes the tie breaker between households with the same preference category.
Please note: Applicant Households who do not meet the Occupancy Standard will be assigned a lower priority number, regardless of lottery placement, or other eligibility criteria (e.g., First Time Home Buyer [FTHB]).
METHOD 2: FORM SUBMITTAL (DATE & TIME STAMP) TIE-BREAKER
All applicant Households that enter their Application ID numbers into an Opportunity Drawing by the deadline will receive an Application ID ranking. The Unfiltered Ranking in this method is based on the time and date stamp that their entry form was completed.
As with Method 1, the Unfiltered Ranking number list is re- ordered based on Live/Work Preference and the Unfiltered Ranking number is used as the tie breaker between households with the same preference category.
Please Note: Applicant Households that do not meet the Occupancy Standard will be ranked last.
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5D. APPLICATION PROCESS (APPLICATION REVIEW)
TENANT APPLICATION REVIEW AND LANDLORD SCREENING
• The Administrator will determine the processing order of the applicants and their priority ranking • Once the Administrator has finalized the application ranking and processing order, a list will be sent to the landlord to beg in the background and credit check process using the previously signed authorization form. If the Administrator performs the background and credit check, this will be done immediately following the application ranking and processing order determination.
PROGRAM APPLICATION PACKAGE COMPLETION
• Once written confirmation has established that an applicant has met all requirements after credit bank background check, the Administrator will request the full application package for Underwriter review. • Applicants must provide and return all necessary documents to underwrite the file to the Administrator within 3 business days. • Documentation needs to be dated within 30 days of submission. • Applicants/Co-applicants, and or household members who submit inaccurate information, altered documentation, or false documentation or certifications, will be disqualified.
• Once all documents are received, the Applicant will be provided with a Submission ID which will be their file in line for Processing and Underwriting
APPLICATION REVIEW
• The application package will be reviewed, and if complete, will be submitted to the underwriter for review • If the application is incomplete, applicants will be given written notice to respond with any file updates or missing items • Applications that remain incomplete after notifications and applicable grace periods, will not be processed or forwarded to the Underwriter for final review
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5E. APPLICATION PROCESS (APPLICATION UNDERWRITING AND APPEAL)
APPLICATION UNDERWRITING
• The Underwriter will complete the review and issue a Program Eligibility and Qualification Certification (AKA “Approval Letter”). • It is important to note that the Program Underwriter may request additional items from the applicant. If the applicant does not respond within the grace period, or a denial is issued, the Underwriter will move to the next Submission ID holder. • If approved, the Administrator will notify the landlord of the outcome so that the applicant can move on with the leasing documentation and lease/contract signing as described in the next section.
APPEAL
• If the applicant does not agree with the Processor or Underwriter decision, the applicant Household will have 3 business days to appeal. The applicant Household will need to submit clear and sufficient documentation, along with an appeal form that details why they feel the decision is inaccurate, within the timeframe given. • Administrator Management will review the Appeal and all documentation. • Administrator will contact the applicant regarding the status of the appeal approximately 7 business days from the date the complete Appeal Package was submitted. Administrator may require additional time as will be indicated during the status notification
• Administrator is unable to hold properties for households in the application or appeal process. Administrator will move on to the next Application ID holder after the initial appeal review
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6. BELOW MARKET RATE MAXIMUM RENTAL RATES (Updated Annually)
Maximum Rental Rates: Maximum BMR rental rates are updated annually using the formula defined in the City’s Inclusionary Ordinance.
"Affordable rent" means monthly rent, including utilities and all fees for housing services, which do not exceed the following:
1. For lower-income households: one-twelfth of thirty percent of sixty percent of area median income, adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit, and one additional person for each additional bedroom thereafter.
2. For very low-income households: one-twelfth of thirty percent of fifty percent of area median, adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit, and one additional person for each additional bedroom thereafter.
The allowance for utilities is based on estimates published by the Santa Clara Housing Authority and the California Department of Housing and Community Development (HCD).
Area median income (AMI) is the household income for the median (i.e., middle) househol d in a region. Each year, the Federal Department of Housing and Urban Development (HUD) calculates the median income for every metropolitan region in the country.
The United States Census Bureau uses a series of terms to determine the definition of a household. The basic meaning of Household is an occupied housing unit. A Householder (Primary Applicant) is the person whose name the housing unit is rented to or owned by. Members of the household share familial ties, living space, expenses, debts and/or assets with the Householder.
Rent Adjustments: The BMR rental rate may be increased once in a 12- month period. Rent adjustments will be based on the updated income limits published by the California Department of Housing and Community Development (HCD) annually and posted on the Administrator website.
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7. TENANT SELECTION, LEASE SIGNING, AND MOVE IN
Once an applicant is selected and their file is fully underwritten, and a Program Approval is issued, the Administrator will contact the Landlord and provide the name of the selected applicant to coordinate the next step which is signing the lease agreement and all Program related documents.
1. Lease/Contract Signing:
a. The landlord will schedule an appointment with the applicant to go over all documents and sign the lease agreement. b. The landlord may ask the tenant for other documents needed to finalize the move-in (e.g. renter’s insurance). c. The applicant must comply with all Landlord requirements.
2. Move in Process:
a. The landlord may start the move- in process with the applicant once all of the rules and regulations for the project are explained and accepted by the applicant.
b. The landlord shall provide Administrator staff with a copy of the lease agreement, renter’s insurance, and all other documents deemed necessary to document the file for Administrator records. c. Once all documents have been approved by the landlord and Administrator and signed by the applicant, the “applicant” becomes a “participant” and must comply with all BMR Program rules and regulations, including but not limited to submitting all required Annual Certification documentation described on the following page.
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8. PARTICIPANT / TENANT COMPLIANCE, RESONSIBILITIES, AND ANNUAL RECERTIFICATION
Participant/Tenant Compliance and Responsibilities:
1. The tenant shall comply with all rules and regulations set forth by the Landlord or development.
2. The tenant shall also comply with all Affordable Program (BMR) requirements for the duration of the lease.
3. Tenant must notify Owner/Manager within ten (10) working days of any and all changes in family structure, family size, employment income etc.
Annual Recertification Process:
1. All BMR tenants shall be recertified once per year, at the end of the lease term, for compliance with all Program requirements including, but not limited to income and family size.
2. Administrator will initiate the Recertification Process with the Owner/Manager as described in the next section.
3. The Program Coordinator will require a full and complete application package for any household asking for a lease extension or a new lease.
4. The tenant will be required to sign the “Intent to Abide” disclosure/form.
5. The tenant will have 30 days to submit all required documentation, following notification of the annual recertification process.
6. Refusal by tenant to promptly provide all required documents for re -certification will result in a 60 -day Termination of Lease and a Notice to Vacant will be sent out.
Enforcement
1. If tenant fails to cure t he violation, the City/Administrator will exercise its legal right to coordinate with Property Owner, Landlord, and/or the Management Company to initiate Unlawful Detainer proceedings
2. The City/Administrator reserves the option to apply to a court of competent jurisdiction if it deems legal action is appropriate
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9. THE APPLICATION FILE STRUCTURE & APPLICATION CRITERIA
Program Eligibility and Qualification Criteria
The primary role of a Program Administrator is to determine the eligibility and qualification of applicant Households. A Program Processor serves the role of gathering the documents needed to evaluate the application and a Program Underwriter reviews the application to determine if it meets Program requirements.
It is important to understand that there is a lot of information needed to determine whether an application meets all the Program requirements. The application criteria used to determine whether an applicant Household will be approved fall into one of two categories:
• Program Eligibility Criteria: These are standards that define the characteristics of the target households who are best served by the Program and help the Program provider meet its intended goals. These standards often follow legal definitions and published documentation requirements. Underwriters evaluate Program Eligibility Criteria to determine if households “check eligibility boxes” that include, but are not limited to, residence address, employment address, household size requirements, total household income requirements, and whether an applicant meets the leg al standard to be defined as a first-time homebuyer. Program Underwriters need to consider Program eligibility for the years prior to the rental application.
• Program Qualification Criteria: Once it is determined that an applicant is eligible for the Program, the Program Underwriter must also make sure that the rental opportunity is affordable for the applicant and that they are tenant-ready. In addition to requiring applicants attend orientation classes, the underwriter ensures that the tenant understan ds what they are signing up for and is comfortable with the annual income recertification.
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10A. ELIGIBILITY FACTORS AND PREFERENCE CRITERIA FOR RENTAL OF BMR UNITS
The City’s Inclusionary Housing Ordinance establishes a priority system for allocating the limited number of affordable rental units.
First priority (for up to ten percent of all affordable units) shall be given to income eligible employees of the City of Cam pbell. Second priority is given to income eligible existing Campbell residents and third priority is given to income eligible persons employed within the city limits of the City of Campbell. If a particular address is in question, Administrator will check with City staff to determine if the property is within the City’s jurisdictional boundaries.
The preference system will be used to establish a ranking of applicants. An eligible household will be ranked according to where they live or work . While an applicant who lives or works within the city limits will have priority over an applicant who does not, residency/employment status is not a requirement for the Program, and all individuals and households may apply. Households comprised of applicants who do not reside or work in Campbell may occupy a BMR unit if there are no eligible Campbell residents or workers on the eligibility list for occupancy.
PROGRAM PREFERENCE CRITERIA*
Priority 1: Work for City
(for up to 10% of units)
Must currently work for the City of Campbell government entity at least 20-hours per week, and held their position for at least 6-months Employee must have passed probation
Priority 2: Live in Campbell Must currently live in Campbell and maintained residency for at least 6-months Priority 3: Work in Campbell
Must currently work at a business located in Campbell
at least 20-hours per week, and held position for at least 6-months * This category includes Campbell School District employees . The district office is located in Campbell although the school building may be located in another city
*Eligibility will be evaluated at the time of lottery submission and verified again prior to occupancy
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10B. OCCUPANCY STANDARDS FOR PROGRAM UNITS
Applicant/Co-Applicants must occupy the property as their principal residence. This means that the Applicant/Co-Applicants must use the property as their primary place of residence and the property must be tenant-occupied upon renting for the term of the lease agreement. Use of the property for additional rental purposes, including temporary leases, sub- leasing or room rentals are not allowed under the Program and will trigger immediate action.
To ensure that the City's limited BMR units are used efficiently, a household must be of a size equal to the number of bedrooms in the BMR unit. Pursuant to fair housing laws, the maximum occupancy allowed in a BMR Unit is two people per bedroom, plus one additional person. The table below shows the minimum and maximum household size based on the number of bedrooms. In some cases, an exception to the minimum standard may be made where no other qualified renter can be approved within 30- days of holding the lottery.
The City’s BMR Administrator will verify household occupancy once per year for the Term of the Lease Agreement between the City and the renter(s).
Note: Maximum Household size is subject to change per property management or Affordably Housing Agreement documents.
PROGRAM OCCUPANCY STANDARDS
Number of Bedrooms Minimum Household Size Maximum Household Size One 1 3
Two 2 5
Three 3 7
Four 4 9
Five 5 11
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10C. INCOME ELIGIBILITY CRITERIA
Income Eligibility is based on household size (number of persons in the household) and whether a household’s income is below income category limits published annually by the California Department of Housing and Community Development (HCD) on their HCD website as well as the Program Website. These resources should be used to determine the income percentage and income category that is applicable to your household.
Campbell’s housing ordinance presently defines the three income types most often used in their affordable homeownership program
• “Very low-income Household” means a household whose household income does not exceed very low-income limits applicable to Santa Clara County
• “Lower-Income Household” means a household whose household income does not exceed the lower income limits applicable to Santa Clara County.
• “Moderate-Income Household” means a household whose household income does not exceed one hundred twenty percent of the area median income applicable to Santa Clara County
It is very important for the applicant Household to know BOTH:
• Applicant Household Income as a percentage of the published County Median Income (calculated by dividing Household Income by the published Median Income Amount) applicable to your household size • Whether or not applicant Household Income is below the published income category limit applicable to your household size (e.g. Extremely Low, Very Low, Low, Median, or Moderate)
Income earned from assets, such as dividends, interest, rental income, business income, etc., is included in the household’s annual income pursuant to the Code of Federal Regulations , Title 24, Part 5 income inclusions (§ 5.609). Income calculation is also guided by California Code of Regulations , Title 25, Chapter 6.5 Program Operations, Gross Income (§ 6914). To qualify for the City of Campbell BMR Program, your househol d’s combined gross annual income cannot exceed the maximum income limit for your household size, as established by the HCD. All household members ages 18 or older must have their income verified. Household members that do not work or will not have any income in the next 12 months must complete a zero-income affidavit.
Note: The income categories for a particular development may vary in accordance with the Affordable Housing Agreement.
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10D. ASSET LIMITATION
In addition to meeting the income limit, there are restrictions on the amount of assets that a household may have to be eligible for the City of Campbell’s Program. For households applying to be a renter of a BMR unit, the limit is 100% of household AMI.
Asset limit = 100% of household AMI
The Administrator will review household income and assets for all occupants, including temporary occupants. To determine total household assets, Administrator will review the household’s total assets according to monthly financial statements and/or other valuations. A six-month average will be calculated just prior to Program application to determine eligibility and avoid applicant “asset dumping” (asset liquidation or transfer to other parties). Assets held in IRS-recognized retirement accounts (401-k’s, IRA’s, etc.) are not included for the purpose of determining whether an Applicant meets the Program asset limits. However, retirement and insurance payments will be used to determine gross household income.
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11. QUALIFICATION FACTORS
RENT TO INCOME RATIO
• To qualify, applicants must have income at least 2 times the tenant paid rental amount for Below Market Rent ( BMR) rental units. Applicants may be accepted with conditions, such as additional security deposit or guarantor. • No more than 50% of the applicant’s income can go to the rent payment. For example, if income is $30,000, the maximum rent cannot exceed $1,250.00 (50% of $30,000/12). Additional debts will also be taken into consideration. • If a guarantor is required, the guarantor’s income must be 5 times the tenant paid rental amount.
CREDIT
• The applicant shall pay the required non-refundable fee to the landlord in the form of a money order or cashier check. • A credit report is required for all applicants and co-applicants • All applicants/co-applicants must pass the landlord’s credit check and a background check. • The minimum credit score is 620 (in addition to Landlord Requirements). • An applicant with an unsatisfactory credit report will be denied. • Excessive collection accounts, including utility accounts (regardless of status) will result in denial of the rental application. All utility collection accounts within the last 2 years must be paid in full and confirmation presented with the application in order to be approved.
• An applicant whose credit report contains more positive than negative history may be approved subject to an additional deposit. • Bankruptcy (regardless of discharge) or repossession within the last 2 years will be grounds for denial of the application or may require an additional deposit for approval.
• Applicants with a foreclosure history over 2 years old may be accepted without an additional deposit. Applicants with a more recent foreclosure history may be approved with an additional deposit. • Rental housing debt, evictions, or collections will result in automatic denial of the application. • Any unresolved tax liens will negatively impact the overall applicant screening result.
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11. QUALIFICATION FACTORS (CONTINUED)
BACKGROUND SCREENING
• All applicants will be screened for criminal history at initial application. • A f elony conviction or adjudication for a felony offense against persons or property in the last seven years will result in an automatic denial of application.
• A misdemeanor conviction may result in denial of application or lease renewal with conside ration given to the nature of the conviction.
• Applicants or current residents appearing on the list of known terrorists and/or wanted fugitives as provided by the Office of Foreign Asset Control (OFAC), federal agencies (including the FBI or other state and local law enforcement agencies) will be denied.
GUARANTORS
• Acceptable guarantors must reside in the United States and qualify in each of the above categories. An additional deposit may be accepted if a qualified guarantor is not available.
RENT HISTORY
• Applicants (except first time renters) must have at least 12 months of verifiable and positive residency history immediately preceding application.
• First-time renters or applicants with no verifiable residency history will require payment of an additional deposit or acceptable guarantor in lieu of immediate past rental history.
• Residency history that includes prior evictions, multiple late payments, returned checks, poor housekeeping, conduct disturbi ng the rights and comforts of other residents, unauthorized occupants, property damage or failure to adhere to the policies and regulations of the community or management company will result in automatic denial of the application. • Landlord reference indicating the landlord would not re-let to the applicant due to lease violation is grounds for automatic denial of the application.
• If the applicant owned his/her immediate prior residence, mortgage history will be verified through a c redit report or other documentation of homeownership.
IDENTIFICATION
All applicants will be asked to provide positive identification including a copy of a valid driver’s license and social security card.
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12. INCOME INCLUSION AND EXCLUSION
The Federal and State government both have rules that determine how Gross Income is calculated and what income types are included and excluded from the Gross Income total.
Application Criteria Description
• The gross amount, before any payroll deduction, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services
• The net income from the operation of a business or profession (for this purpose, expenditure for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business). The adding back of certain deductions will be subject to underwriter approval (e.g. depreciation). • Interest, dividends and other net income of any kind from real or personal property. • Payments in lieu of earnings, su ch as unemployment and disability compensation, worker’s compensation and severance pay (except as outlined in “exclusions” section)
• Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on a passbook savings rate, up to 10%. The current passbook savings rate used by the Administrator is 2.5% • Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling;
The following is an abbreviated list of items that are excluded from income:
• Casual, sporadic or irregular gifts
• Amounts which are specifically for or in reimbursement of the cost of medical expenses • Lump-sum additions to family assets such as inheritances, insurance payments (including payments under health and accident insurance and worker’s compensation), capital gains and settlement for personal or property losses • Foster child care payments
• The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is in excess of the amount actually charged the eligible household
• See full inclusion list on the Program Website
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Income Review Procedures
Income maximums are based on “gross” income derived from all sources as detailed in Internal Revenue Code (26 USC Section 61), whether or not exempt from federal income tax. Administrator projects future income based on the gross income on each applicant’s past income. In addition to other items deemed necessary to make this income determination, the Administrator may request up to 4 of the most recent year -to-date pay statements and the previous year’s final pay statement. Ad ministrator must review income documentation for all Household members 18 years and older, regardless of dependency status. Applicants without income will need to sign a Zero-Income Affidavit provided by the Administrator. Unemployment benefits are considered income.
Please Note: All Variable Income is subject to Underwriter Approval. Each circumstance is different and must be considered using the documentation in the file. The terminology in this Guide is meant to be used as a basic guide to help pros pective applicant Household’s understand how this income type is considered during the underwriting process.
For employed applicants, annual income is generally derived by dividing the year-to-date gross income by the current pay period count and then by annualizing an estimated pay period amount by the total pay period count over one year (12 months). Please note that a Verbal and Written Verification of Employment may be required to be completed by the Employer issuing the pay statements.
# How Often Paid How to Determine Annual Income
1 Paid Annually Annual Gross Pay
2 Paid Monthly Use monthly gross payment x 12
3 Paid Twice Monthly Twice monthly gross pay x 2 pay periods x 12 4 Paid Biweekly Biweekly gross pay x 26 pay periods
5 Paid Weekly Weekly gross pay x 52 pay periods
6 Paid Hourly Hourly gross pay x average # of hours per week x 52 weeks 7 Government Employees with Annual Award Letters Income may be derived by referring to the Annual Award Letter
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Variable Income (Tips, Overtime, Bonuses, etc.)
Please Note: All Variable Income is subject to Underwriter Approval. Each circumstance is different and must be considered using the documentation in the file. The words below are meant to be used as a basic guide to help prospective applicant Household’s understand how this income type is considered during the underwriting process.
Tips, Overtime, Bonus, and other “variable income amounts” (amounts that change with each pay period) will be annualized separately from the base income outlined on the chart above. All income will be annualized and totaled unless the applicant can provide documentation from the employer. The employer must be available to complete a verbal verification of employment with the Administrator. In cases, where the variable income item is a one -time occurrence, the amount will be removed from the annualized calculation of income and added in a one-time total to determine the annual income.
Example: An applicant earns $60,000 per year based on base m onthly pay statements of $5,000 ($5,000 x 12). In addition to the base income show, the applicant received a $2,500 one-time bonus in the first quarter of the year. If annualized, the $2,500 quarterly bonus would total $10,000 and the total income would be $70,000 ($60,000 base + $10,000 annualized bonus income). If proper documentation shows that the $2,500 is a one -time payment, and Administrator is able to verify and validate this information, the $2,500 would be added to the $60,000 base. The alternative total income would be $62,500 ($60,000 base + $2,500 one-time bonus).
Seasonal Workers: Administration will not annualize current income for seasonal workers who provide a Verification of Employment from their employer (s) verifying that the work does not occur year-round
Self-Employed Income: All self-employed applicants must submit a notarized Self -Employed Affidavit provided by Administrator. If self-employed for 2 or more years, Administrator will use verifiable (verified using Form 4506-T) federal income tax returns and review the net income for as many as 3 years of tax returns to determine the projected annual income. If self -employed less than 2 years, Administrator will review the submitted Profit & Loss Statement and use it to determine pr ojected annual income. Additional documentation may be needed from the Self-Employed Household Member in order to determine projected annual income.
Calculating Income from Cash Income: In the case of an applicant who is paid cash for employment, Administrator will require a Verification of Employment from the applicant’s employer to confirm annual income and IRS Tax Verification Form 4506-T to confirm that no taxes were paid.
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Variable Income (Continued)
Income from Commercial Property or Land Owned: The net income from any commercial property or land owned by any applicant shall be counted toward the annual Household income.
Unemployed Applicants: Unemployed applicants who are receiving no income at all should submit a Zero -Income Affidavit as provided by Administrator in place of income statements. Applicants receiving unemployment benefits do not need to complete the Zero-Income Affidavit as unemployment benefits are considered income.
Additional Notes on Income Calculation
If applicant has recently changed positions with employer, HouseKeys will determine the effect of the change on the applicant’s eligibility and opportunity to receive bonus or overtime pay in the future
If applicant who has historically been employed on a part -time basis indicates that he or she will now be working full time (or vice versa), obtain written confirmation from borrower’s employer
A verbal verification of employment (VOE) may be required for each employer
All material alterations, and/or omissions from the initial Registration, Application ID Questions, Opportunity Drawing Entry Form, Application Submission and Supporting Documents; including but not limit ed to household size, income and asset information, etc., are not permissible and will render all future re-submissions ineligible for review and approval for a period of one year. Exceptions for re-submissions are significant life events such as a job/car eer change, marriage, death, or the birth of a child and are at the discretion of the Administrator.
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13. REASONABLE ACCOMMODATION AND EXCEPTION REQUESTS
Accommodations in Program rules, policies, practices, or services, when such accommodations may be necessary to afford person s with disabilities, or a household with a member with disabilities, equal opportunity to apply for a BMR home. The requested accommodation must be reasonably related to the particular disability of the household member, and must be necessary in order to provide the household with equal access to housing.
Households or individual applicants unable to produce any particular document required in the application form for legitimate reasons beyond their control (natural disaster, military service, refugee status, domestic violence, witness protection program, disability etc.) may request an exception for that particular document.
Upon such request, Administrator may request a reasonably equivalent alternative document, and/or any additional supporting documentation deemed necessary by the Program Processor and Program Underwriter to verify eligibility of the Applicant/Co- Applicant and/or their entire Household.
Exceptions related to disabilities (reasonable accommodations) may be requested according to this procedure, with a brief description of the exception(s) needed due to the Applicant’s disability. The City and Administrator wil l consider the requested exception and will provide a written response within 14 calendar days, stating if the requested exception can be granted in full or part and the reason for such decision. The Administrator may approve or deny such request. If denied, Applicants may submit an appeal of such denial to the City.
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14. LANDLORD COMPLIANCE AND OWNER / MANAGEMENT RESPONSIBILTIES
1. General Compliance: The landlord shall comply with all Program requirements and provide requested documentation to the City/Administrator in accordance with these Program Guidelines, the Developers Affordability Agreement , and the City’s Inclusionary Housing Ordinance.
2. Current Records. The landlord shall keep current and updated BMR tenant/participant records that relate to Program eligibility (e.g. household member occupancy changes, employment loss, income changes, etc.).
3. Annual Recertification: Owner / Manager shall, upon request, provide Administrator with all required Annual Audit documents listed on the Program checklist, for review and approval, as part of the annual recertification process.
4. Tenant Income Changes: Following notification to and verification by Administrator , the Owner / Manager shall terminate the tenant’s lease and send the tenant a not ice to vacate if the tenant’s income level exceeds the maximum income limit for that particular PROGRAM unit.
5. Vacancies: Owner / Manager shall notify Administrator in writing, using Exhibit A of the rental guide, upon vacancy of any BMR unit.
a. Administrator will set up a lottery and start processing applications within 60 to 90 days of receiving the notice. b. Administrator will provide a list of potential tenants to the Owner / Manager for review and approval. c. Owner / Manager shall provide Administrator with the following documents for all approved tenants:
1) Copy of the credit report
2) Copy of the background check.
3) Letter of approval once a tenant has been approved by the Owner / Manager for occupancy. 4) copy of the lease agreement
5) Updated rent roll
6) All other relevant reports or documents, as requested by the Administrator / City
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Ownership Application Guide
[November 2018 Draft]
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TABLE OF CONTENTS
1. Introduction Page 2
2. Online Web Portal Page 3
3. Establishing An Account Page 4
4. Household Information Profiles Page 5
5. Application Process Page 6
6. Below Market Rate (BMR) Pricing And City’s Option To Purchase Page 11
7. Application File Structure And Criteria Page 12
8. First-Time Homebuyer Education And Title Requirements Page 14
9. Eligibility And Preference Criteria Page 15
10. Application Criteria Page 19
11. Transaction And Document Handling Page 26
12. Reasonable Accommodation Page 28
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1. INTRODUCTION
HouseKeys is the Cit y of Campbell ’s Affordable Housing Program Administrator. This Ownership Application Guide includes the guidelines, policies, and procedures that comprise the Affordable Ownership Program for Below Market Rate (BMR) homes.
Buying, owning, and selling an Affordable Below Market Rate (BMR) Ownership Unit differs in many ways from buying, owning, and selling at market rate. It is important that the buyers and sellers of BMR Ownership Units understand the rules and procedures of the City’s Affordable Housing Program (“Program”) fully.
The Program Application Guide and other relevant information (e.g., Ordinance procedures and income limits) will be amended and updated from ti me to time. All proposed changes are subject to approval by the City Council prior to implementation and shall comply with state and federal affordable housing laws.
Updates to this Program Application Guide and other relevant information will be posted on the HouseKeys website
Please contact HouseKeys with any questions or concerns regarding this document or any other question regarding the City’s affordable housing program:
Online: http://www.housekeys2.com
Email: [email protected]
Phone: 1-877-460-KEYS (5397)
Address: 70 N. First Street Campbell, CA 95008
ALL GUIDELINES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
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2. ONLINE WEB PORTAL DASHBOARD OVERVIEW
Information Profiles Tools & Planning Program Center
Information Profiles are used to
gather important facts that
determine your eligibility and
qualification. Th ese profiles will
be used by the Program
Administrator to complete your
Program application and
determine your eligibility to
participate in Program activities.
There are many calculations
involved in an Affordable
Housing Program. From
calculating the income category
of your household, to
determining your maximum
restricted rent price and utility
allowance, it’s important to
understand the math behind
these Programs.
All Application, Opportunities,
Opportunity Drawings, and
Participation Activities are
captured in your Program
Center. As soon as you
complete your initial registration,
this is where you’ll spend the
most time participating in the
Program.
Program File Cabinet Program Marketplace Community Center As you start to apply for and
participate in Program activities,
your file cabinet is where you’ll
track progress, exchange
information, and communicate
with Program administrators.
The Program marketplace is
where you can shop for
ownership, rental, and financing
opportunities.
The online community center will
have a classroom, a bulletin
board, and chatroom so you can
stay educated, informed and in
touch with other Program
participants and stakeholders.
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3. ESTABLISHING AN ACCOUNT (HOUSEHOLD PROFILE) IN THE MYHOUSEKEYS (WWW.MYHOUSEKEYS.COM)
The following five (5) actions are the initial steps needed to establish your household’s affordable housing account.
REGISTRATION
PROCESS ACTION OR MILESTONE
1. Initial Signup
Start out by completing our simple registration form. This step collects very basic information from you to establish a User Account, including your name, contact information, and your household size and income.
2. Complete the
Registration Wizard
The next step includes additional details about your address, household members, income profiles, and preference criteria. The preference criteria are described on Step 5 of the Registration Wizard. Completion of the Wizard will create a summary of your household and provide you with access to additional features of the Administrator Platform.
3. Browse the
Marketplace
The Marketplace allows you to shop for Ownership, Rental and Finance Program opportunities that interest you. Make sure to read the Progr am Profile and get an understanding for how it works, the intent, the rules and the process.
4. Request an
Application I.D.
The Application I.D. allows the Program Provider and Administrator to identify your household as a prospective applicant household. It also puts you on the notification list to receive information and updates.
5. Find an Opportunity
and Enter an
Opportunity
Drawing
Each Opportunity is placed into an Opportunity Drawing that allows HouseKeys to facilitate multiple applicant interest. Application I.D.s are prioritized through a Random Selection Process (Lottery) or by Time and Date Stamp (First -Come- First-Serve).
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4. HOUSEHOLD INFORMATION PROFILES
HouseKeys holds orientation classes t o introduce the Program and help applicant Households organize their application files and prepare for the application process. The application packet is broken down into 10 Household Information Profiles:
# Information
Profile Name
Description Purpose
1 Location Profile Where you live and
where you work
The address where you live and work is an important factor in determining your eligibility. The county you presently live in, or may be moving to, is often used to determine how to categorize your household.
2 Member Profile The people who live in
your housing unit
The number of people in your household determines your household size and household size is used to determine income category.
3 Income Profile Documenting the total
income of all
household members.
Income documentation is required by all household members who are 18 years of age or older
4 Expense Profile Documenting monthly
expense obligations
It’s important to ensure that your total monthly expenses show that you can afford the monthly rent for the unit you are applying for 5 Asset Profile Deposit Funds and
other Assets
You need to document your rental deposit funds. Please note that Assets are included in income calculations using the income shown on statements or calculations used by the Program Underwriter. See Asset Limits below. 6 Liability Profile Your Debt Your debt adds to monthly expenses and the maximum monthly rent that you can afford is an important qualification factor
7 Credit Profile Your Credit Score All three credit bureaus (Equifax, Experian, and TransUnion) are evaluated to ensure you meet minimum credit requirements
8 Public Record
Profile
Collections, Liens,
Bankruptcies and
Foreclosures
These are evaluated to determine whether or not there is any risk that the finalization of lease signing or meeting any of the property management requirements.
9 Demographics
Profile
Applicant
Characteristics
Demographic information is critical to ensure fair housing compliance and to track how Program Providers are meeting their housing goals. 10 Program
Preference Profile
Program Factors that
determine Applicant
Priority
While all applicants may apply for a housing program, applicants that live and work where the program is located are prioritized in many jurisdictions.
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5. APPLICATION PROCESS
5A. APPLICATION PROCESS (ORIENTATION, PRE-APPLICATION, AND PREFERENCES)
The application process is summarized below and on the following pages:
ORIENTATION
• All applicants, co-applicants, married couples, domesti c partners, and any person that can or will be on title, must complete the Orientation before being eligible to participate in an Opportunity Drawing. Any exceptions to this rule will be posted in the Opportunity Drawing details. Applicants can sign up for an orientation class on the HouseKeys website.
PRE-APPLICATION AND APPLICATION ID ASSIGNMENT
• Request an Application ID in the Program Center
• Answer all of the Pre-Application Questions in the Request Wizard • The applicant will either receive a pass or fail rating based on the information in the pre-application wizard • If the applicant passes, an Application ID will be assigned immediately. If there is a system delay or malfunction, Applicat ion IDs can take up to 10 business days to be assigned.
• An Application ID does not mean you are eligible or approved for the Program. It provides the applicant Household with the ability to enter Opportunity Drawings.
PREFERENCES AND RANKING
In all instances, the live in Campbell / work in Campbell / work-for Campbell preference (described in Section 9) will be used and verified by HouseKeys during the application process. Applicant Households that meet the stated preference criteria will be assigned a higher ranking. Once the preferred Household list is exhausted, HouseKeys will begin processing the files for the non- preference households.
Continued next page
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5B. APPLICATION PROCESS (OPPORTUNITY DRAWINGS)
Affordable Ownership Opportunities are marketed through an Opportunity Drawing (i.e., lottery). Applicant Households enter an Opportunity Drawing using their Application ID number.
OPPORTUNITY NOTIFICATION
• A notification email will be sent out to Application ID holders. When a new Opportunity Drawing is released it will be posted in the Program Center
• Follow the instructions and review the terms in each Drawing Notification. It is the applicant Household’s responsibility to follow all instructions in each Opportunity Draw ing, based on the method used. Each Opportunity Drawing announcement will include the selection method, file submission instructions, and one or more deadlines that the applicant Household must meet.
OPPORTUNITY DRAWING ENTRY
• Once the applicant reviews the Opportunity Drawing information and is certain that he/she can meet ALL listed requirements, the applicant can follow the instructions to Enter Drawing
• Applicant must complete Authorization Form for verification and sharing information with Lender • Applicant must complete the Intent to Abide Form to confirm that the applicant understands the Program Requirements • Applicant Households can only apply for one Opportunity Drawing at any one time. If an applicant Household has entered more than one drawing, the lowest ranked submission will be chosen. Applicant Households are allowed to opt out of any drawing as long as the “opt out form” is submitted before an applicant Household enters another drawing. • If there is another Opportunity Drawing available at the same time, the applicant can opt out of one Opportunity Drawing to enter another, if it is done before the Opportunity Drawing submission deadline. • If a household applies for two opportunities at the same time, and obtains two priority numbers, the applic ant will be assigned the lower priority number.
• In some cases, the Opportunity Drawing will remain open until all applicable units are sold . Anyone who enters their Application ID into an Opportunity Drawing after the first deadline will be added to the end of the list using the time and date stamp of their Opportunity Drawing entry.
• Ranking and file request numbers are issued to set the processing order for each Opportunity Drawing. A new ranking and file request number will be issued every time an applicant Household participates in a new Opportunity Drawing. Ranking, file request, and Application ID numbers are not transferable.
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5C. APPLICATION PROCESS (OPPORTUNITY DRAWING METHODS)
When an Opportunity becomes available, HouseKeys uses the methods outlined below to determine the order in which Application IDs and files will be ranked and organized for review.
METHOD 1: LOTTERY SELECTION AND ASSIGNMENT
All applicant Households that enter their Application ID numbers into an Opportunity Drawing by the deadline will receive an Application ID ranking. If a Lottery is held, Application IDs will be chosen at random and assigned an Unfiltered Ranking nu mber based on the order in which they were drawn.
Each Application ID on the Unfiltered Ranking list will be re- ordered to account for the Live/Work Preference and a new ranking list Filtered by Live/Work Preference will be created. The Unfiltered Ranking num ber becomes the tie breaker between households with the same preference category.
Please note: Applicant Households who do not meet the Occupancy Standard will be assigned a lower priority number, regardless of lottery placement, or other eligibility criteria (e.g., First Time Home Buyer [FTHB]).
METHOD 2: FORM SUBMITTAL (DATE & TIME STAMP) TIE-BREAKER
All applicant Households that enter their Application ID numbers into an Opportunity Drawing by the deadline will receive an Application ID ranking. The Unfiltered Ranking in this method is based on the time and date stamp that their entry form was completed.
As with Method 1, the Unfiltered Ranking number list is re- ordered based on Live/Work Preference and the Unfiltered Ranking number is used as the tie breaker between households with the same preference category.
Please Note: Applicant Households that do not meet the Occupancy Standard will be ranked last.
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5D. APPLICATION PROCESS (LOAN REQUIREMENTS, APPLICATION FILE REQUEST, AND APPLICATION COMPLETION)
MORTGAGE LOAN REQUIREMENTS
The applicant Household must obtain a loan pre-approval from an Administrator-approved Lender to enter an Opportunity Drawing.
Applicant Household must have acceptable payment-to-income ratios and show enough liquid assets (e.g. cash) to successfully close on the proposed home purchase. Any down payment assistance or closing cost assistance that will be used will need to have a written pre-approval from the program provider as well.
• Applicants must obtain a m ortgage pre-approval letter, on mortgage company letter, with loan officer information, including their National Multistate License System (NMLS) ID number and packet must include:
o Uniform Residential Loan Application and Uniform Underwriting and Transmittal Summary o Verification of Employment and Verification of Assets o Credit Report and Automated Underwriting System Findings (e.g. Desktop Underwriter Findings)
APPLICATION RANKING AND FILE REQUESTS
• The Opportunity Drawing Terms and Notifications will indicate when, where and how the Program Application Package needs to be submitted
• Applicants must provide a complete Program Application Package, including exhibits and the supporting documents listed on the Document Checklist, to HouseKeys by the deadline stated in the Opportunity Drawing Notification.
PROGRAM APPLICATION PACKAGE COMPLETION
• Documentation needs to be dated within 30 days of submission. • Applicants/Co-applicants, and or household members who submit inaccurate information, altered documentation, or false documentation or certifications, will be disqualified.
• Once all documents are received, the Applicant will be provided with a Submission ID which will be their file in line for Processing and Underwriting
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5E. APPLICATION PROCESS (APPLICATION REVIEW AND UNDERWRITING)
APPLICATION REVIEW
• The application package will be reviewed, and if complete, will be submitted to the underwriter for review • If the application is incomplete, applicants will be given written notice to respond with any file updates or missing items • Applications that remain incomplete after notifications and applicable grace periods, will not be processed or forwarded to the Underwriter for final review
APPLICATION UNDERWRITING
• The Underwriter will complete the review and issue a Program Eligibility and Qualification Certification (AKA “Approval Letter”). • It is important to note that the Program Underwriter may request additional items from the applicant. If the applicant does not respond within the grace period, or a denial is issued, the Underwriter will move to the next Submission ID holder. • If approved, the Administrator will notify the landlord of the outcome so that the applicant can move on with the leasing documentation and lease/contract signing as described in the next section.
APPEAL
• If the applicant does not agree with the Processor or Underwriter decision, the applicant Household will have 3 business days to appeal. The applicant Household will need to submit clear and sufficient documentation, along with an appeal form that details why they feel the decision is inaccurate, within the timeframe given. • Administrator Management will review the Appeal and all documentation. • Administrator will contact the applicant regarding the status of the appeal approximately 7 business days from the date the complete Appeal Package was submitted. Administrator will notify the applicant is additional time is needed. • Administrator is unable to hold properties for households in the application or appeal process. Administrator will move on to the next Application ID holder after the initial appeal review
Application Changes: No Application changes are allowed after an application is submitted and after an application deadline has passed unless the change is (1) the removal of an applicant, (2) the additi on of an applicant’s s pouse, domestic partner or new household member in the case of an adoption or new guardianship; (3) an update of income qualification, such as a new job or a job that has ended; or (4) correction of technical errors, such as phone number or other non-qualifying information. All applications must be reviewed for income qualification within one hundred and twenty (120) days prior to the Close of Escrow of a BMR Unit.
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6. BELOW MARKET RATE OWNERSHIP PRICING AND CITY’S PURCHASE OPTION
The purpose of the Below Market Rate ( BMR) program is to provide long- term affordable homeownership opportunities for low and moderate-income households. Households that purchase a BMR home will be required to sign affordable housing documents to ensure the home remains affordable, and the homeowner occupies the home, for the entire restricted term (generally 45 years). As agreed to in the affordable housing documents, a homeowner may choose to sell the BMR home during the restricted term; however, the home will be sold at the restricted price. BMR units are priced using the formula defined in the City’s Inclusionary Ordinance :
"Affordable ownership cost" means average monthly housing costs during the first calendar year of a household's occupancy, as determined by the City, including mortgage payments, loan insurance fees, if any, property taxes, reasonable allowances for utilities and property maintenance and repairs, homeowners insurance and homeowners association dues, if any, which do not exceed the following:
1. For lower-income households: one-twelfth of thirty percent of seventy percent of area median income, adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit and one additional person for each additional bedroom thereafter.
2. For moderate-income households: one-twelfth of thirty-five percent of one hundred ten percent of area median income, adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit and one additional person for each additional bedroom thereafter.
Area median income (AMI) is the household income for the median (i.e., middle) household in a region. Each year, the Federal Department of Housing and Urban Development (HUD) calculates the median income for every metropolitan region in t he country. The United States Census Bureau uses a series of terms to determine t he definition of a household. The basic meaning of Household is an occupied housing unit. A Householder (Primary Applicant) is the person whose name the housing unit is rented to or owned by. Members of the household share familial ties, living space, expenses, debts and/or assets with the Householder.
If the owner wishes to sell during the restricted term, the City has the option to either purchase the BMR home for the restricted price or assign the BMR home to another eligible buyer for the restricted price. The City is not obligated to p urchase but the seller is obligated to give the City the option to do so. Homeowners can sell their home at a market rate price at the end of the restricted term.
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7. THE APPLICATION FILE STRUCTURE & APPLICATION CRITERIA
Program Eligibility and Qualification Criteria
The primary role of a Program Administrator is to determine the eligibility and qualification of applicant Households . A Program Processor serves the role of gathering the documents needed to evaluate the application and a Program Underwriter reviews the application to determine if it meets program requirements.
It is important to understand that there is a lot of information needed to determine whether an application meets all the program requirements. The application criteria used to determine whether an applicant Household will be approved fall into one of two categories:
• Program Eligibility Criteria: These are standards that define the characteristics of the target households who are best served by the program and help the program provider meet its intended goals. These standards often follow legal definitions and published documentation requirements. Underwriters evaluate Program Eligibility Criteria to determine if hous eholds “check eligibility boxes” that include, but are not limited to, residence address, employment address, household size requirements, total household income requirements, and whether an applicant meets the legal standard to be defined as a first-time homebuyer. Program Underwriters need to consider program eligibility for up to three years before the application date and up to a year after the estimated close of escrow date
1. • Program Qualification Criteria: Once it is determined that an applicant is eligible for the program, the Program Underwriter must also make sure that the home purchase is affordable for the applicant and that they are mortgage and hom e-purchase ready. In addition to requiring applicants to attend first-time homebuyer classes, an underwriter will evaluate the application to ensure successful and sustainable homeownership.
1 “Up to three years” speaks to the First-Time Homebuyer status that is typically verified using 3 years of tax returns. Since Total Household Income is projected forward, it’s important to understand that the Program Underwriter is considering income circumstances going forward one year.
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8. FIRST-TIME HOMEBUYER EDUCATION AND TITLE REQUIREMENTS
First-Time Homebuyer Education Workshop Requirement
All applicants who will take title to the property must attend and complete a first-time homebuyer in-person education workshop and receive a certificate of completion from a HUD and Administrator-approved First-Time Homebuyer Education Provider before going into contract on a BMR Unit. A copy of the certificate of completion is required and certificates will be accepted for up to two years after completion.
Title Requirements
All adult Household members must appear as an owner or co-owner on the BMR Unit title. They also must co-sign for any purchase loan (unless they are a non-borrowing spouse) and sign all affordable housing documents (as defined on page 2) for the BMR Unit with the following exceptions:
1. Legal dependents of titleholders as claimed on the most recent federal income tax return or legal minor children of titleholders. Spouses or Domestic Partners are not considered dependents;
2. Household members younger than age 24 who are the child of a titleholder who will reside in the BMR Unit as their primary residence, regardless of being named as a dependent on the federal tax form of a titleholder; and
3. Recent immigrants with insufficient credit history as defined as a person who has been in the United States for 2 years or less as supported by entrance documentation or a sworn statement and lender documentation of the reason for a loan denial, including a copy of applicant’s credit report.
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9. ELIGIBILITY FACTORS AND PREFERENCE CRITERIA FOR OWNERSHIP OF BMR UNITS
The City’s Inclusionary Housing Ordinance establishes a priority system for allocating the limited number of affordable rental units .
First priority (for up to ten percent of all affordable units) shall be given to income eligible employees of the City of Cam pbell. Second priority is given to income eligible existing Campbell residents and third priority is given to income eligible persons employed within the city limits of the City of Campbell. If a particular address is in question, Administrator will check with Cit y staff to determine if the property is within the City’s jurisdictional boundaries.
The preference system will be used to establish a ranking of applicants. An eligible household will be ranked according to where they live or work. While an applicant w ho lives or works within the city limits will have priority over an applicant who does not, residency/employment status is not a requirement for the Program, and all individuals and households may apply. Households comprised of applicants who do not reside or work in Campbell may occupy a BMR unit if there are no eligible Campbell residents or workers on the eligibility list for occupancy.
BMR PREFERENCE CRITERIA*
Priority 1: Work for City
(for up to 10% of units)
Must currently work for the City of Campbell government entity at least 20-hours per week, and held their position for at least 6-months Employee must have passed probation
Priority 2: Live in Campbell Must currently live in Campbell and maintained residency for at least 6-months Priority 3: Work in Campbell
Must currently work at a business located in Campbell at least 20- hours per week, and held position for at least 6- months. This category includes Campbell School District employees. The district office is located in Campbell al though the school building may be located in another city.
*Eligibility will be evaluated at the time of opportunity drawing submission and verified again prior to occupancy
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9B. OCCUPANCY STANDARDS FOR BMR UNITS
Applicant/Co-Applicants must occupy the property as their principal residence. This means that the Applicant/Co-Applicants must use the property as their primary place of residence and the property must be owner -occupied upon purchase for the life of the deed restrictions. Use of the property for additional ownership purposes, including temporary leases, sub-leasing or room rentals are not allowed under the program and will trigger immediate action.
To ensure that the City's limited BMR homes are used efficiently, a household must be of a size equal to the number of bedrooms in the BMR unit. Pursuant to fair housing laws, the maximum occupancy allowed in a BMR u nit is two people per bedroom, plus one additional person. The table below shows the minimum and maximum household size based on the number of bedrooms. In some cases, an exception to the minimum standard may be made where no other qualified buyers are remaining in the Opportunity Drawing or within 30-days from the time that the first file is requested from Opportunity Drawing entrants.
The City’s BMR Administrator will verify household occupancy once per year for the life of the restriction term (generally 45-years).
Note: Maximum Household size is subject to change per property management or Affordably Housing Agreement documents.
PROGRAM OCCUPANCY STANDARDS
Number of Bedrooms Minimum Household Size Maximum Household Size One 1 3
Two 2 5
Three 3 7
Four 4 9
Five 5 11
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9C. INCOME ELIGIBILITY CRITERIA
Income Eligibility is based on household size (number of persons in the household) and whether a household’s income is below income category limits published annually by the California Department of Housing and Community Development (HCD) on their HCD website as well as the Program Website. These resources should be used to determine the income percentage and income category that is applicable to your household.
Campbell’s housing ordinance presently defines the three income types most often used in their affordable homeownership program • “Very low-income Household” means a household whose household income does not exceed very low-income limits applicable to the County
• “Lower-Income Household” means a household whose household income does not exceed the lower income limits applicable to the County.
• “Moderate-Income Household” means a household whose household income does not exceed one hundred twenty percent of the area median income applicable to the County
It is very important for the applicant Household to know BOTH:
• Applicant Household Income as a percentage of the published County Median Income (calculated by dividing Household Income by the published Median Income Amount) applicable to your household size • Whether or not applicant Household Income is below the published income category limit applicable to your household size (e.g. Extremely Low, Very Low, Low, Median, or Moderate)
Income earned from assets, such as dividends, interest, rental income, business income, etc., is included in the household’s annual income pursuant to the Code of Federal Regulations , Title 24, Part 5 income inclusions (§ 5.609). Income calculation is also g uided by California Code of Regulations , Title 25, Chapter 6.5 Program Operations, Gross Income (§ 6914). To qualify for the City BMR Program, your household’s combined gross annual income cannot exceed the maximum income limit for your household size , as established by the HCD. All household members ages 18 or older must have their income verified. Household members that do not work or will not have any income in the next 12 months must complete a zero-income affidavit.
Note: The income categories for a particular development may vary in accordance with the Affordable Housing Agreement.
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9D. ASSET LIMITATION CRITERIA
In addition to meeting the income limit, there are restrictions on the amount of assets that a household may have to be eligible for the City BMR Program. For households applying to be an owner of a BMR unit, the limit is 50% of household AMI plus the down- payment up to 20% of the BMR price, post-closing (after the close of escrow).
Asset limit = 50% of household AMI plus the down-payment up to 20% of the BMR price
So for example, the asset limitation for a 4- person household purchasing a 3- bedroom moderate income home with a 20% down payment would be approximately $185,000 where AMI is $150,000 and the BMR price is $550,000.
ASSET LIMITATION EXAMPLE
Maximum Household Income Example Purchase Price Example Asset Limit $150,000: (50% = $75,000) $550,000: (20% = $110,000) $185,000: ($75,000 + $110,000)
There is also a minimum loan amount of 70% of the purchase price. So, for example, with a Sales Price of $550,000 the first loan amount cannot be lower than $385,000. All-cash purchase escrows will not be allowed.
The Administrator will review household income and assets for all owner -occupants, temporary occupants, and other occupants, regardless of such household member’s interest in purchasing or occupying a BMR home. To determine total household assets, HouseKeys will review the household’s total assets according to monthly financial statements and/or other valuations. A six -month average will be calcula ted just prior to Program application to determine eligibility and avoid applicant “asset dumping” (asset liquidation or transfer to other parties) . Assets held in IRS-recognized retirement accounts (401-k’s, IRA’s, etc.) are not included for the purpose of determining whether an Applicant meets the Program asset limits. However, retirement and insurance payments will be used to determine gross household income.
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9E. FIRST-TIME HOME BUYER CRITERIA
To be eligible for the City ’s BMR homeownership program, all household members on Title must be a first -time homebuyer, except as provided below. A first-time home buyer (FTHB) is an individual who has NOT had an ownership interest in a home in the three years immediately preceding their application date, except as follows:
(1) A displaced homemaker who, while a homemaker, owned a home with his or her spouse or resided in a home owned by the spouse. A displaced homemaker is an adult who has not, within the preceding two years, worked on a full-time basis as a member of the labor force for a consecutive twelve- month period and who has been unemployed or underemployed, experienced difficulty in obtaining or upgrading employment and worked primarily without remuneration to care for his or her home and family; or (2) A single parent who, while married, owned a home with his or her spouse or resided in a home owned by the spouse. A singl e parent is an individual who is unmarried or legally separated from a spouse and has one or more minor children for whom the individual has custody or joint custody or is pregnant; or (3) An existing BMR homeowner who no longer meets the occupancy standards in these guidelines and otherwise qualifies to purchase a larger or smaller BMR home at the time of re-application.
Notwithstanding the forgoing, the following interests shall not by themselves, disqualify an applicant from falling within the definition of first time home buyer:
• Applicants who own a mobile home are not considered home owners under the BMR program and are eligible to participate.
However, if the mobile home unit is not sold and is retained by the homeowner, the property will be included in asset income calculations along with any rental income.
• Ownership in timeshares.
• Beneficiary of a trust for which the trustor/trustee is still living. • Ownership of shares in a limited equity co-op.
To verify FTHB status, HouseKeys will review 3 years of federal tax returns to confirm that the applicant has not claimed any of the tax deductions associated with homeownership (e.g. deductions of mortgage interest or property tax payments). If not legally obligated to file, the applicant must complete a Jurat explaining the reason along with supporting documents. HouseKeys will also review a credit report for mortgage loans and perform title searches to confirm the applicant is not an owner of record on any existing properties for at least 3 years. T he applicant must not be on title for any housing unit at all, whether they live in the unit or not. Other documentation may be requested to determine first time homebuyer status.
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10. APPLICATION CRITERIA – ENTERING HOUSEHOLD INFORMATION INTO THE PROGRAM APPLICATION
10A. Household Size, Location & Member Identification
The Household Location and Member Profiles capture the basic information used by the Program Underwriter to determine who is part of the household and which members will become the title-holding homeowners.
Information
Profile
Criteria Criteria Description
Location
Profile
Verification of
Residence Location
• At least one member of the applicant Household , who will be taking title to the property, must provide the following proof of residency for the 6 months preceding their entry to an Opportunity Drawing:
o One utility bill with a City address dated within 45 days preceding the application date for the BMR Unit. Utility bills can include gas, electric, garbage, or water; or:
o Current paystubs with City address; or
o A current, formal lease with a City address
Location
Profile
Verification of
Employment Location
• Administrator shall verify that a person works in the City by reviewing an applicant’s paystubs. If an applicant’s employer is not based in C ity, or if a person’s paystubs do not reflect a C ity work address, the applicant must supply a letter from the employer stating that the person works primarily in City and demonstrates that at least 75% of their working hours are in City
Member
Profile
IDENTIFICATION
• All applicants will need to provide positive identification including a copy of valid driver’s license and a copy of a valid social security card.
Member
Profile
HOUSEHOLD
SIZE
• Any household members not living in the same household at the time of application will need to be a co- applicant for the fi rst mortgage loan and on title to form a household
• Tax returns and current addresses will be used to determine household size • All applicants, co- applicants, married couples, partners, domestic partners etc. that are on title will have to occupy the proper ty for 45 years per the signed deed restrictions
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10B. Income Review Procedures
Income maximums are based on “gross” income derived from all sources as detailed in Internal Revenue Code (26 USC Section 61), whether or not exempt from federal income tax. Administrator projects future income based on the gross income on each applicant’s past income. In addition to other items deemed necessary to make this income determination, the Administrator may request up to 4 of the most recent year -to-date pay statements and the previous year’s final pay statement. Administrator must review inco me documentation for all Household members 18 years and older, regardless of dependency status. Applicants without income will need to sign a Zero-Income Affidavit provided by the Administrator. Unemployment benefits are considered income.
For employed applicants, annual income is generally derived by dividing the year-to-date gross income by the current pay period count and then by annualizing an estimated pay period amount by the total pay period count over one year (12 months). Please note that a Verbal and Written Verification of Employment may be required to be completed by the Employer issuing the pay statements.
# How Often Paid How to Determine Annual Income
1 Paid Annually Annual Gross Pay
2 Paid Monthly Use monthly gross payment x 12
3 Paid Twice Monthly Twice monthly gross pay x 2 pay periods x 12 4 Paid Biweekly Biweekly gross pay x 26 pay periods
5 Paid Weekly Weekly gross pay x 52 pay periods
6 Paid Hourly Hourly gross pay x average # of hours per week x 52 weeks 7 Government Employees with Annual Award Letters Income may be derived by referring to the Annual Award Letter
Continued Next Page
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10C. Income Inclusion and Exclusion
The Federal and State government both have rules that determine how Gross Income is calculated and what income types are included and excluded from the Gross Income total.
Application Criteria Description
• The gross amount, before any payroll deduction, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services
• The net income from the operation of a business or profession (for this purpose, expendi ture for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business). The adding back of certain deductions will be subject to underwriter approval (e.g. depreciation). • Interest, dividends and other net income of any kind from real or personal property. • Payments in lieu of earnings, such as unemployment and disability compensation, worker’s compensation and severance pay (except as outlined in “exclusions” section)
• Where the family has net f amily assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on a passbook savings rate, up to 10%. The current passbook savings rate used by the Administrator is 2.5% • Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling;
The following is an abbreviated list of items that are excluded from income:
• Casual, sporadic or irregular gifts
• Amounts which are specifically for or in reimbursement of the cost of medical expenses • Lump-sum additions to family assets such as inheritances, insurance payments (including payments under health and accident insurance and worker’s compensation), capital gains and settlement for personal or property losses • Foster child care payments
• The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is in excess of t he amount actually charged the eligible household
• See full inclusion list on the Program Website
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10D. Variable Income (Tips, Overtime, Bonuses, etc.)
Please Note: All Variable Income is subject to Underwriter Approval. Each circumstance is different and must be considered using the documentation in the file. The words below are meant to be used as a basic guide to help prospective applicant Household ’s understand how this income type is considered during the underwriting process.
Tips, Overtime, Bon us, and other “variable income amounts” (amounts that change with each pay period) will be annualized separately from the base income outlined on the chart above. All income will be annualized and totaled unless the applicant can provide documentation from the employer. The employer must be available to complete a verbal verification of employment with the Administrator. In cases, where the variable income item is a one -time occurrence, the amount will be removed from the annualized calculation of income and added in a one-time total to determine the annual income.
Example: An applicant earns $60,000 per year based on base monthly pay statements of $5,000 ($5,000 x 12). In addition to the base income show, the applicant received a $2,500 one-time bonus in the first quarter of the year. If annualized, the $2,500 quarterly bonus would total $10,000 and the total income would be $70,000 ($60,000 base + $10,000 annualized bonus income). If proper documentation shows that the $2,500 is a one -time payment, and Administrator is able to verify and validate this information, the $2,500 would be added to the $60,000 base. The alternative total income would be $62,500 ($60,000 base + $2,500 one-time bonus).
Seasonal Workers: Administration will not annualize current income for seasonal workers who provide a Verification of Employment from their employer (s) verifying that the work does not occur year-round
Self-Employed Income: All self-employed applicants must submit a notarized Self -Employed Affidavit provided by Administrator. If self-employed for 2 or more years, Administrator will use verifiable (verified using Form 4506-T) federal income tax returns and review the net income for as many as 3 years of tax returns to determine the projected annual in come. If self -employed less than 2 years, Administrator will review the submitted Profit & Loss Statement and use it to determine projected annual income. Additional documentation may be needed from the Self-Employed Household Member in order to determine projected annual income.
Calculating Income from Cash Income: In the case of an applicant who is paid cash for employment, Administrator will require a Verification of Employment from the applicant’s employer to confirm annual income and IRS Tax Verification Form 4506-T to confirm that no taxes were paid.
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Variable Income (Continued)
Income from Commercial Property or Land Owned: The net income from any commercial property or land owned by any applicant shall be counted toward the annual Household income.
Unemployed Applicants: Unemployed applicants who are receiving no income at all should submit a Zero -Income Affidavit as provided by Administrator in place of income statements. Applicants receiving unemployment benefits do not need to complete the Zero-Income Affidavit as unemployment benefits are considered income.
Additional Notes on Income Calculation
If applicant has recently changed positions with employer, the Administrator will determine the effect of the change on the applicant’s eligibility and opportunity to receive bonus or overtime pay in the future
If applicant who has historically been employed on a part -time basis indic ates that he or she will now be working full time (or vice versa), obtain written confirmation from borrower’s employer
A verbal verification of employment (VOE) may be required for each employer
All material alterations, and/or omissions from the initial Registration, Application ID Questions, Opportunity Drawing Entry Form, Application Submission and Supporting Documents; including but not limited to household size, income and asset information, etc., are not permissible and will render all future re-submissions ineligible for review and approval for a period of one year. Exceptions for re-submissions are signif icant life events such as a job/career change, marriage, death, or the birth of a child and are at the discretion of the Administrator.
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10E. Determining Mortgage and Home Purchase Readiness
Affordable homeownership programming requires that applicant H ouseholds who meet the basic requirements for being considered eligible, must also prove that the home purchase fits within their household budget and that they are able to successfully obtain mortgage financing. The following table summarizes the information needed by the Underwriter to approve a household:
Income
Profile &
Expense
Profile
HOUSING
PAYMENT
TO INCOME
RATIO
• To qualify, an applicant’s total housing payment, including principal & interest, taxes, insurance, and association dues cannot exceed 40% of the income for Below Market (BMR) home. For example, if your annual income is $90,000 your maximum monthly house payment cannot exceed $3,000 or $36,000 per year (40% of $90,000 = $36,000 divided by 12 = $3,000).
• Additional debts will also be taken into consideration and cannot exceed 45% of income.
• Non-borrowing applicant’s debt will be added to ratios Expense
Profile
RENT
HISTORY
• Applicants/co-applicants will need to show the last 6 months of rent history • HouseKeys will review the current rent vs. the new housing payment for affordability.
Any circumstance where the new housing payment exceeds 150% of current rent will be considered a “Payment Shock” risk. For example, if your current rent is $1,000 per month, then any housing payment exceeding $1,500 per month would be considered a potential payment shock risk ($1,000 x 150% = $1,500).
• If Payment Shock risk exists, the underwriter may make an exception if compensating factors are present in the file (e.g. post-close reserves) Asset
Profile
DOWN PAYMENT
• The minimum down payment for the BMR program is 3% of the purchase price with first mortgage loan amount equal to 97% of the purchase price. • The minimum 3% of the purchase price must come from the applicant’s own funds, and be present in the applicant’s account for at least 6 months • A gift can be used for any down payment amount more than 3% of the purchase price • Note: In some cases, mortgage financing programs may require 5% of the purchase price in order to be approved
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10F. Public Record and Default Risk
In addition to determining home purchase readiness, the Program Underwriter must also determine the risk of the property being lost to foreclosure or the risk of a lien being attached to the property that can adversely affect the resale process or excess sale proceeds. The following table summarizes the information needed by the Underwriter to reduce risk and approve a household:
Liability
Profile &
Credit
Profile
CREDIT REPORT
AND CREDIT
SCORES
• A credit report is required for all applicants and non-borrowing applicants • The credit report must include information from all three credit bureaus (Experian, TransUnion, Equifax) and use a mortgage-risk model (used by licensed mortgage lenders)
• The lowest median (middle) score is used
• The minimum credit score is 620
• An applicant or co-applicant with an unsatisfactory credit report will be denied. • We will be reviewing the Credit Report to identify all of the account balances and monthly payments
• The monthly payments on your credit report will be used to determine the total debt ratio (total debt and household payments divided by monthly income) • As stated above, the total debt ratio cannot exceed 45% of monthly income Public
Record
Profile
PUBLIC RECORD
SEARCH
(DETERMINED
USING A
STATEMENT OF
IDENTITY FORM)
• An applicant or Co -applicant may apply for consideration under the following circumstances:
• Chapter 13 bankruptcy – after 2 years from discharge or 4 years from dismissal. • Chapter 7 – after 4 years from discharge
• Short Sale/Deed in Lieu - after 4 years
• Foreclosure - after 7 years
• All applicants, co-applicants, and non-borrowing spouse cannot have liens outstanding at the time of the home purchase
• All liens, including IRS liens, or any past due money owed to the IRS, shall be required to be paid off prior to being issued a program approval.
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11. TRANSACTION AND DOCUMENT HANDLING
File Stacking (List of Documents Needed for Each Stage of the Transaction)
If application is approved, and the applicant Household is cleared to move forward with the purchase, the applicant’s lender must supply the following documentation to the Administrator (Financing File Stacking Order ):
1. Lender Checklist (listing all the loan documents)
2. Loan Application with final figures and lending terms (currently known as a 1003)
3. Uniform Underwriting and Transmittal Summary (currently known as 1008)
4. Mortgage Loan Commitment Letter
5. Loan Estimate
Routing documents to the City for signatures can take 10 to 14 business days. Before any transaction documentation can be sent to the City for signature, the following documents will need to be in the Administrator’s file ( Pre-Close Stacking Order):
1. Estimated Settlement Statement – Seller (Re-Sale and Acquisition Transactions Only)
2. Estimated Settlement Statement – Buyer
3. Estimated Settlement Statement – Master
4. Copy of 1st Lender Note & Deed of Trust
5. Copy of 1st Lender Escrow Instructions
6. 1st Lender Request for Notice of Default
7. Copy of any Subordinate Lender Notes and Deeds of Trust
8. Copy of any Subordinate Lender Escrow I nstructions
9. Subordinate Lender Request for Notice of Default
Continued Next Page
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After closing, the Title Company must provide the following to the Administrator ( Post-Close Stacking Order)
1. Executed BMR Agreements Docs, Notes and Deeds of Trust
2. Recorded Agreement
3. Recorded Request for Notice of Default
4. Final Settlement Statement – Seller (Re-Sale and Acquisition Transactions Only)
5. Final Settlement Statement – Buyer
6. Final Settlement Statement – Master
7. Alta Policy
Length of Escrow and Fall -Out Risk
The typical escrow period for a BMR Unit sale is 90 days. This period can stretch out longer if the property is under construction and there are delays. Applicant Households must be prepared for a long escrow period and to continually keep their file updated to comply with the one hundred twenty -day (120-Day) application review period. Households must be eligible and qualified through to close of escrow. Unfortunately, a change in the application file during the escrow period can cause the applicant Household to become disqualified and lose out on the purchase opportunity.
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12. REASONABLE ACCOMMODATION AND EXCEPTION REQUESTS
Accommodations in Program rules, policies, practices, or services, when such accommodations may be necessary to afford person s with disabilities, or a household with a member with disabilities, equal opportunity to apply for a BMR home. The requested accommodation must be reasonably related to the particular disability of the household member, and must be necessary in order to provide the household with equal access to housing.
Households or individual applicants unable to produce any particular document required in the application form for legitimate reasons beyond their control (natural disaster, military service, refugee status, domestic violence, witness protection program, disability etc.) may request an exception for that particular document.
Upon such request, Administrator may request a reasonably equivalent alternative document, and/or any additional supporting documentation deemed necessary by the Program Processor and Program Underwriter to verify eligibility of the Applicant/Co- Applicant and/or their entire Household.
Exceptions related to disabilities (reasonable accommodations) may be requested according to this procedure, with a brief description of the exception(s) needed due to the Applicant’s disability. The City and Administrator wil l consider the requested exception and will provide a written response within 14 calendar days, stating if the requested exception can be granted in full or part and the reason for such decision. The Administrator may approve or deny such request. If denied, Applicants may submit an appeal of such denial to the City.
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Ownership Participation Guide
[November 2018 Draft]
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TABLE OF CONTENTS
1. Introduction Page 2
2. Online Web Portal Page 3
3. Establishing an Account Page 4
4. Household Information Profiles Page 5
5. Program Participation Page 6
6. Resale Price Determination Page 7
7. Price Determination Methods Commonly Used Page 8
8. Ownership and Estate Planning Page 10
9. Compliance and Annual Certification Page 11
10. Refinance and Subordination Requests Page 13
11. Capital Improvements and Special Assessments Page 17
12. Ownership Changes, Re-Sales, and Approved Vendors Page 19
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1. INTRODUCTION
HouseKeys is the City of Campbell’s A ffordable Housing Program Administrator. This Program Participation Guide includes the guidelines, policies, and procedures that comprise the affordable homeownership program for below market rate (BMR) homes.
Buying, owning, and selling an Affordable Below Market Rate (BMR) Ownership Unit differs in many ways from buying, owning, and selling a market rate. It is important that the buyers and sellers of BMR Ownership Units understand the rules and procedures of the Program fully.
The Program Participation Guide and other relevant information (e.g., Ordinance procedures and income limits) will be amended and updated from time to time, so long as such rules, policies and procedures do not viol ate any affordable housing laws . All proposed changes are subject to approval by the City Council prior to implementation.
Updates to this Program Participation Guide and other relevant information will be posted on the HouseKeys website
Please contact the City or HouseKeys regarding any conflicts between this Program Participation Guide, the Developer’s Affordable Housing Agreement, the owner’s BMR Agreement, and/or the City’s recorded documents.
Please contact HouseKeys with any questions or concerns regarding this docu ment or any other question regarding the City’s affordable housing program:
Online: http://www.housekeys2.com
Email: [email protected]
Phone: 1-877-460-KEYS (5397)
Address: 70 N. First Street Campbell, CA 95008
ALL GUIDELINES ARE SUBJECT TO CHANGE WITHOUT NOTICE
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2. ONLINE WEB PORTAL DASHBOARD OVERVIEW
Information Profiles Tools & Planning Program Center
Information Profiles are used to
gather important facts that
determine your eligibility and
qualification. Th ese profiles will
be used by the Program
Administrator to complete your
Program application and
determine your eligibility to
participate in Program activities.
There are many calculations
involved in an Affordable
Housing Program . From
calculating the income category
of your household, to
determining your maximum
restricted rent price and utility
allowance, it’s important to
understand the math behind
these Programs.
All Appl ication, Opportunities,
Opportunity Drawings, and
Participation Activities are
captured in your Program
Center. As soon as you
complete your initial registration,
this is where you’ll spend the
most time participating in the
Program.
Program File Cabinet Program Marketplace Community Center As you start to apply for and
participate in Program activities,
your file cabinet is where you’ll
track progress, exchange
information, and communicate
with Program administrators.
The Program marketplace is
where you can shop for
ownership, rental, and financing
opportunities.
The online community center will
have a classroom, a bulletin
board, and chatroom so you can
stay educated, informed and in
touch with other Program
participants and stakeholders.
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3. ESTABLISHING AN ACCOUNT IN THE HOUSEKEYS SYSTEM
The following four (4) actions are the initial steps needed to establish your household’s affordable housing account.
In some cases, the participant may have already established an online account. If you have not established an account, or you need to update your account, please complete the following steps.
REGISTRATION
PROCESS ACTION OR MILESTONE
1. Initial Signup
Start out by completing our simple registration form. This step collects very basic information from you to establish a User Account, including your name, contact information, and your household size and income.
2. Complete the
Registration
Wizard
The next step includes additional details about your address and household members. Completion of the Wizard will create a summary of your household and provide you with access to additional features of the Administrator Platform.
3. Request a
Participation I.D.
The Participation I.D. allows the Program Provider (City of Campbell) and the Administrator (HouseKeys) to confirm your identify and match you up with the Program File. It also will be used to track your Service Request Tickets.
4. Open a Service
Request Ticket
Whether you want to remodel your BMR home, refinance your mortgage, sell your BMR home, or ask a general question – it all starts with opening a Service Request Ticket so that the Administrator can gather the information needed to help you. The online form also creates a timestamp, so we can answer your question in the order received and in a timely manner.
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4. HOUSEHOLD INFORMATION PROFILES
When you establish an account in the MyHouseKeys system, Household Information Profiles are used to organize information about your household. This information is used to help you complete your annual certifications. While there are 10 total information profiles listed in the Program Application Guide, the list below includes the five (5) that involve your program participation and compliance.
# Information
Profile Name
Description Purpose
1 Location Profile Where you live and
where you work
Most Restriction Agreements have an owner occupancy certification to confirm that you occupy the property the minimum 10 out of 12 months per year. 2 Member Profile The people who live in
your housing unit
You will be asked to confirm that no renters are living in your household without city notice and approval
3 Expense Profile Documenting monthl y
expense obligations
Every refinance request must be reviewed by the administrator to ensure that the payment-to-income ratio of any proposed financing is in line with the program guidelines.
4 Liability Profile Your Debt Keeping your mortgage paid on time is not only good for your credit report, but it is an important part of making sure that the home is not at risk of loss due to owner default. If a homeowner falls behind on their mortgage (a default of the BMR Agreement), the City reserves the option to purchase the home at the restricted resale price (minus any money owed) to avoid foreclosure. 5 Public Record
Profile
Collections, Liens,
Bankruptcies and
Foreclosures
Bankruptcies, collections, liens, foreclosures, and divorces shall be reported directly to the City of Campbell / BMR Administrator for the entirety of the BMR term. These types of events are all part of the public record and notices are issued by the County that includes the property address . As the City and Administrator monitor these events, you may be contacted to ensure that the property is not at risk of being lost from the City’s BMR portfolio during the entire BMR term (generally 45-years). Failure of the owner to directly notify the City/Administrator of these types of events is a default of the BMR Agreement and subject to immediate action. The City reserves the option to purchase the home at the restricted resale price (minus any money owed) in the case of default.
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5. PROGRAM PARTICIPATION
The purpose of the Below Market Rate ( BMR) program is to provide long- term affordable homeownership opportunities for low and moderate-income households in the City of Campbell. Households that purchase a BMR home will be required to sign affordable housing documents to ensure the home remains affordable and the homeowner occupies the home, for the entire restricted term (generally 45 years). Homeowners can sell their home at a market rate price at the end of the restricted term (46th year). Between the time the BMR home is purchased and the 46 th year is reached, there will be a series of requests and communications between the homeowner, the City and the Administrator. For example, the homeowner may request to refinance a mortgage, remodel the home, or initiate a property resale. In addition, the City/Administrator will request compliance certifications (generally occurring annually for the entire BMR term), Failure to complete these annual compliance certifications is a default of the BMR Agreement and subject to immediate action. The rules governing these, and other issues of concern, are outlined in the “Occupancy, Resale, and Refinancing Restriction Agreement, with Option to Purchase at Restricted Price” (otherwise known as the “Agreement”), as well as the Program Guidelines.
Generally, when a request is made to review any refinance or sale request, there are three stages of review:
1. Preliminary Review of the Agreement and Program File to determine whether the participant Household is following the program rules and/or the Agreement language allows the homeowner request.
2. Evaluation of the proposed financing package or sale transaction to ensure that it fits program guidelines and complies with Agreement language.
3. Coordinating and tracking the transaction to make sure that approved vendors are used and/or that the home is sold to an eligible purchaser from the program applicant list. BMR Transactions take longer than conventional financing and sale transactions because of the number of payoffs needed, the city authorization required, and the legal documents involved.
Each review stage can take 30 to 90 days to complete, dependent upon the detail s involved with each request. It is important that any current or prospective BMR homeowner review their Agreement in its entirety to make sure that they understand the conditions and restrictions that they will be expected to adhere to during the Agreement term. BMR homeowners should seek their own legal counsel if further clarification is needed.
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6. RESALE PRICE DETERMINATION
Each resale restriction agreement has a price determination method that outlines how the resale price is calculated if the City were to exercise its option to purchase the unit, assign its option to a designee or eligible buyer, or instruct the Administrator to facilitate a resale to an eligible purchaser. The City / Administrator will use the price determination method contained in the Owner’s BMR agreement unless otherwise determined by the City. There are five primary ways that resale prices are determined:
# Price Determination Method Description
1 Indexed Price Based on
Consumer Price Index
Throughout the year, the U.S. Department of Labor’s Bureau of Labor Statistics publishes a Consumer Price Index for metropolitan areas throughout the United States. This determination method allows for a resale price that is based on the increase in the Housing Component of the Consumer Price Index based on the month and year of purchase. 2 Indexed Price Based on Area
Median Income
Each year, the State of California Department of Housing and Community Development publishes the statewide income limits. This determination method allows for a resale price that is based on an increase in the applicable Median Income based on the y ear of purchase and the year of resale.
3 Equity Share Agreement Some Agreements have an Equity Share Provision that is based on the initial subsidy provided by the City when the BMR Unit was purchased.
4. Shared Appreciation Some agreements require a percentage of the Fair Market Value to be paid to the City as a Shared Appreciation Payment. The remaining appreciation share amount is paid to the Owner.
5. Promissory Note for First Time
Homebuyer Loan or other
Mortgage Assistance Loan
Some Agreements include a loan. Depending on the terms of the promissory note, the principal and interest will be due in full when the home is resold or when the or within a specified term (e.g., 45 years). In other cases, payments may be required more frequently.
6. Promissory Note for
Forgivable Loan
Some agreements include a forgivable loan. Depending on the terms of the promissory note, the loan may be forgiven in full if the approved BMR homeowner remains in the home for the entire BMR term (generally 45 years). If the home is sold before the end of the BMR term, the principal and interest are due in full; however in some cases, the amount due will be reduced by a certain percentage each year until there is no balance remaining.
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7. PRICE DETERMINATION METHODS COMMONLY USED IN CITY OF CAMPBELL AGREEMENTS
Sale Proceeds Due to Owner Vs. Proceeds Due t o City: Depending on the Price Determination Method used, the Fair Market Value of the home, and any liens and/or encumbrances recorded (including any interest or fees owed at time of sale), there wi ll be a portion of the sale proceeds that are due to the Owner and a portion of the sale proceeds that are due to the City. The City’s portion is considered Program Equity or Public Equity.
All BMR Homeowners must be in good standing with the program at the point that they would like to sell their home or refinance their home. If there are outstanding compliance findings, the City reserves the right to reject a request to sell or refinance.
Indexed Price Based on Area Median Income (Inclusionary Housing Units)
Each year, the State of California Department of Housing and Community Development publishes the statewide income limits . This determination method allows for a resale price that is based on an increase in the applicable Median Income based on the year of purchase. The table below includes an example of how the City / Administrator determines the BMR resale price:
Example of Indexed Price Determination Information
Date of Resale August 1, 2018
Date of Purchase March 1, 2005
Original Purchase Price $300,000
Santa Clara County Median Income for Household of 4 at Time of Purchase $105,500 Santa Clara County Median Income for Household of 4 at Tie of Resale $125,200 Dollar Amount Change in Applicable Median Income $19,700 Percentage Change in Applicable Median Income 18.673%
Purchase Price Multiplier (Percentage Change + 1) 1.18673 Gross Maximum Restricted Resale Price Based on Applicable Median Income Change (Original Purchase price multiplied by the Purchase Price Multiplier) $356,019
(300,000 x 1.18673)
Capital Improvement Credit (if Applicable) (All improvements must be pre-approved to obtain credit) $25,000 Deferred Maintenance Deduction Charged to Homeowner (if Applicable) ($5,000) Net Preliminary Maximum Restricted Resale Price $376,019
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7. PRICE DETERMINATION METHODS (continued)
Equity Share Agreement (Density Bonus Units)
Under Campbell’s equity sharing model (if applicable), the owner can sell the home immediately and capture a portion of the equity gained on the property after deducting the City share and the affordable subsidy (the difference between the affordable price and the market price). The City w ill acquire the subsidized difference as well as a share of the appreciation equal to the ratio of the city’s initial subsidy to the fair market value of the home at the time of initial sale.
The Equity Share Percentage (%) is determined by dividing the Subsidy Amount by the Original Market Value. The example below shows two sales scenarios where the unit was purchased for $475,000 with an Original Market Value of $800,000
Example of Equity Share Determination Resale Scenario 1 Resale Scenario 2 Sales Price at Time of Resale $800,000 $1,000,000
Original Market Value at Time of Purchase $800,000 $800,000 Appreciation $0 $200,000
BMR Price $475,000 $475,000
Subsidy Amount (Original Market Value minus BMR Price) $325,000 $325,000 City’s Equity Share Percentage
Subsidy amount divided by Original Market Rate Value
40.625%
325,000/800,000
40.625%
Amount Paid to the City based on Subsidy Percentage $0 $81,250 Total Gross Excess Sales Paid to the City
(initial subsidy plus equity share)
$325,000
($325,000 + 0)
$406,250
($325,000 + 81,250)
Total Gross Excess Sales Paid to the Owner
(this amount does not include the homeowner’s paid principal amount) $0 $108,000
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8. OWNERSHIP AND ESTATE PLANNING
A “Transfer” means any sale, assignment or transfer, voluntary or involuntary, of any interest in the Home, including, but not limited to, a fee simple interest, a joint tenancy interest, a life estate, a leasehold interest (unless the lease is approved in advance by the City), or land contract.
Transfers by devise or inheritance to an existing spouse, Domestic Partner, child, surviving joint tenant, or a spouse as part of a dissolution proceeding in connection with marriage – are not considered Transfer s. All Transfers must be approved by the City in advance and may be subject to the City’s Option to Purchase (See Section 5 to see description of “City’s Option to Purchase”).
Payable-on-Death (POD) Accounts and Transfer -on-Death (TOD) Deeds are two methodologies that will be considered for BMR Owners to designate beneficiaries and avoid having a BMR Unit become part of a probate case.
In the event a Transfer occurs, or a person receives the Home by devise, inheritance, or operation of law due to dea th of the Owner, the person inheriting the Home (the “Inheriting Owner”) must have their income and eligibility reviewed and approved by the C ity or Administrator to determine if they are an Eligible Purchaser. If approved, new documents will need to be s igned and a new BMR term (generally 45-years) will be enforced.
New purchasers of BMR Units may not purchase the BMR Unit through a trust of any kind, including but not limited to living tr usts.
Existing BMR Owners may not transfer ownership of their BMR Units to trusts of any kind, including living trusts.
Owners of BMR Units should keep in mind that the Estate of the Owner is entitled to the Owner due proceeds upon any transfer that takes place during the Agreement term.
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9. COMPLIANCE, ANNUAL CERTIFICATION, & ENFORCEMENT
All BMR homeowners will be re-certified once a year for compliance with their signed and recorded deed restrictions on the property, including but not limited to occupancy, current title, and liens. Homeowners shall provide the program Administrator with all pertaining documents listed on the program checklist (provided annually), in order to complete the full re -certification review and receive a certificate of compliance.
ANNUAL COMPLIANCE CERTIFICATION
1. The Owner will receive an annual notification via US mail for the annual certification process. This notification will include a questionnaire and request for supporting documents ( e.g., most current utility bill, mortgage statement, and insurance declaration page). The owner will have 30 days to comply.
2. If an owner does not comply with the requirements or documentation within 30 days of the annual certification notice being sent, a 2nd notice will be sent providing a final deadline.
3. If the homeowner does not comply after the 2 nd notice, the City will take enforcement actions, as described on the following page.
CERTIFICATION PROCESS
Once all documents are received, the City or Administrator will:
1. Ensure that there are no inconsistencies with the application file (e.g. , misinformation or fraud committed during the application process);
2. Determine if the property is owner occupied and confirm that the BMR home is not being rented;
3. Review all liens against the property to ensure the property is not over encumbered;
4. Review all transfers of title on the property reports;
5. Review default notices or statements of any loans, taxes, or Homeowner Association dues; and
6. Determine if the property is adequately insured and if secondary liens (i.e. down payment assistance loans, city loans or state loans) are referenced on the Insurance Declaration page.
If any of the above review steps require additional information from the Owner, a document request will be made and the Owner will be provided with a deadline to return the requested documents to the Administrator.
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9. COMPLIANCE, ANNUAL CERTIFICATION, & ENFORCEMENT (Continued)
CERTIFICATION OF COMPLIANCE
The BMR Owner will receive a certificate of compliance if the review is approved and in compliance with the requirements above.
ENFORCEMENT ACTIONS AND TIMELINES
If the homeowner does not comply after the 2 nd notice, the City or Administrator will file a Notice of Default with the County Recorder’s Office and the homeowner will be notified. This Notice of Default becomes public record and may trigger additional action by any lenders who have an interest in the property.
If the homeowner is out of compliance on any of the above requirements, the homeowner will be provided with 60 days to comply and will be provided with action steps needed to cure any defaults (if there are possible actions to cure the default).
90 Days from the date that the Notice of Default is fil ed with the County Recorder’s Office, the City or Administrator will file a complaint with a court of competent jurisdiction. The City or Administrator will negotiate during mediation hearings in good faith prior to a trial date, but if an agreement is not reached, the case will be followed through to conclusion.
If the owner fails to cure the violation, the City will exercise its Option to Purchase the BMR home from the homeowner at a restricted resale price, described earlier in this Guide.
The City/Administrator reserves the option to apply to a court of competent jurisdiction if it deems legal action appropriate
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10. REFINANCE & SUBORDINATIONS REQUESTS
The information below and on the following page outlines the process for refinancing existing City loans, or subordination of any loan or deed of trust associated with a BMR property. Subordination of loans not issued by the City is necessary to protect the City’s interest in maintaining the affordability of the property for the duration of the restriction term (typically 45 years). In m ost cases, the City’s interest will be subordinate to any mortgage loans on the home , as outlined in the deed of trust and/or the signed resale restriction documents.
SUBORDINATION REQUIREMENTS
BMR homebuyers may be allowed to refinance up to 90% of the Maximum Restricted Sale Price described in the si gned deed restriction, or the remaining balance of the loan amount, whichever is less. The total payoff amounts for all recorded liens and encumbrance amounts are used to determine the 90% maximum refinance percentage. This percentage is sometimes called the Maximum Combined Loan to Value (Max CLTV). Please note the following requirements:
1. Accrued interest on any subordinate financing will be considered in the Max CLTV.
2. HouseKeys will calculate the maximum restricted sale price according to the deed restrictions.
3. The refinance amount cannot exceed 90% of the maximum restricted sale price.
4. If the remaining balance of the original first loan is more than 90% of the restricted price, the original loan shall be paid down.
5. No cash out is allowed if there are any City loans.
6. Payoff of purchase money mortgages are not considered cash out.
7. Payoff of equity lines or junior financing that are not purchase money loans are considered cash out.
8. Homeowners cannot add or change names to title without approval of the City/Administrator.
9. Any request to change names on title shall be submitted to the City with supporting documents.
10. If the requested change is due to marriage, the person being added will need to be on the first mortgage
11. Addendums to the BMR agreement will need to be signed by any person added to the title or associated loan.
12. If the requested change is due to divorce, addendums to the subordinate financing and BMR agreement shall be signed.
13. A Performance Deed of Trust is required to protect the BMR deed restrictions and will be recorded against the property.
Continued next page
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10. REFINANCE & SUBORDINATIONS REQUESTS (Continued)
MORTGAGE REQUIREMENTS
1. First mortgage loan terms of 30, 20, or 15-year fixed rate fully amortized
2. Equity lines, lines of credit (HELOCs), etc. or any junior loans are not allowed
3. Adjustable rate, interest only, negative amortization, or balloon payments loans are not allowed
4. Homeowner is required to use a loan officer on the City’s BMR program approved lender list
5. Rate and term refinance up to $1,500 maximum cash out
6. Recurring closing cost will not be allowed to be financed
7. Non-recurring closing cost will be allowed to be financed as long as the new loan amount does not exceed 90% of the restricted value
8. Escrow will be required to be opened with a Title company in Santa Clara County
Please Note: FHA/VA loans do not typically work with resale restricted properties due to federal requirements and/or lender requirements. Please check with your lender to ensure that they have r eviewed the restrictions and whether the legal department has accepted the use of Government National Mortgage Association (“Ginnie Mae”) financing with your resale restricted property.
REQUEST TO REFINANCE PROCESS
1. Complete the BMR Homeowners Inquiry Form on the Campbell Program website
2. HouseKeys will calculate the maximum restricted sale price within 14 days of receiving a complete application. However, if more information is needed, the process will be delayed until HouseKeys receives the requested information. Once all of the information is received and a price has been issued, it is valid for 6 months.
3. Homeowners shall then complete the refinance request forms and provide all of the supporting documentation to HouseKeys
4. HouseKeys will review the fully -packaged refinance request file and issue a final approval or denial of the request within 14 days of receipt of all required documents.
Continued next page
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10. REFINANCE & SUBORDINATIONS REQUESTS (Continued)
MINIMUM REQUIRED DOCUMENTS FROM THE HOMEOWNER FOR REFINANCE / SUBORDINATION REQUESTS
OWNER DOCUMENTS
1. Signed BMR refinance application
2. Current mortgage statements with all balances
3. Current Federal Tax returns
4. 2 months consecutive paystubs
5. 2 months current bank statements
6. Copy of Driver’s License and Social Security Card
7. Subordination fee
LENDER DOCUMENTS
1. Borrower’s authorization
2. Credit report
3. 1008 (transmittal)
4. 1003 (application)
5. DU (desktop underwriting)
6. Preliminary Report
7. Appraisal
8. Approval letter
ESCROW COMPANY DOCUMENTS
1. Estimated Closing statement
2. Payoff demand letter
REFINANCE REQUEST APPROVAL
Once all documents are received, HouseKeys will:
1. Determine if the refinance follows the deed restrictions and does not exceed the maximum restricted price
2. Determine if the borrower is in a better financial situation with the new refinance terms.
3. Determine whether all requirements have been met.
4. Review any additional liens on the property.
5. Determine whether all existing loans, HOA dues and taxes are current. If not current, the application will be rejected.
6. Once approved, subordination documents and escrow instructions will be drawn and routed to the City for signatures.
Please note that City signatures can take up to 14 business days to obtain. It is highly suggested that you do not lock any interest rates on your proposed financing until you obtain city signatures.
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11. CAPITAL IMPROVEMENTS AND SPECIAL ASSESSMENTS
Homeowners must receive approval from the City / Administrator prior to making any capi tal improvements to a BMR home. BMR homeowners may begin claiming capital improvements toward their Maximum Resale Price, no sooner than 1 year after the BMR Unit was first occupied. Exceptions may be made for critical modifications (e.g., accessibility improvements) during the first year, if pre-approved by the City . Following City / Administrator approval for capital improvements, BMR Owners m ay begin submitting documentation of completed work for future credit. The City or Administrator will review all capital improvement claims and categorize them into three distinct categories:
Eligible Capital Improvements: Major structural system upgrades, new additions to the BMR Unit and improvements related to increasing the health, safety and energy efficiency of the property. The Improvements must conform with applicable building codes, and be pre- approved by the City in writing. To receive future credit, the initial cost must exceed one percent (1%) of the purchase price paid by the Owner. Improvements that meet these criteria will be given a maximum 100% credit, as determined by the City / Administrator.
Eligible Replacement and Repair: Eligible Replacement and Repair includes in-kind replacement of existing amenities, repairs and general maintenance that keeps the property in good working condition. Costs that meet these criteria will be given a maximum 50% credit for repairs, as determined by the City / Administrator.
Ineligible Costs: Cosmetic enhancements, installations with limited useful life spans and non- permanent fixtures. Homeowners may undertake these projects at their discretion, however they will not be given capital improvements credit.
Procedure for Submitting Capital Improvements : BMR Owners must submit proof of capital improvements to the City / Administrator for review within 6-months of the completion of the project. In order to document the i mprovements, each BMR Owner must submit the followi ng documentation: (1) A list of the capital improvements with a description on a form provided by Administrator: (2) The receipt and invoice for each eligible improvement; (3) Proof of payment, such as a c ancelled check, bank account statement or credit card bill; (4) A copy of site or building permits, if required; and (5) Contractor’s license number for Projects exceeding $500. Upon receipt of a complete capital improvements claim, the Administrator staff may arrange a site visit to inspect the completed Project.
Once the improvements have been verified, the Administrator will send a written response to approve or deny the capital improvements within 60 days of original receipt. This information will be placed in the property file for use when the property is sold.
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11. CAPITAL IMPROVEMENTS AND SPECIAL ASSESSMENTS (Continued)
Special Assessments
Homeowner’s Association (HOA) initiated special assessments are considered capital improvements and will be added to the resale price of the home at the full amount of the special assessment paid by the BMR Owner. In order to receive credit for special assessments, homeowners must submit the following documentation within 6- months of payment: (1) An invoice for the special assessment; (2) Proof of payment, such as a cancelled check, bank account statement or credit card bill; and 3) documentation from the HOA.
Capital Improvements Cap
At the time of sale, the City will cap all eligible capital improvements at 10% of the resale price. This is to preserve the affordability of the BMR unit.
Maintenance and Insurance Requirements
The Owner shall maintain the Home, including landscaping, in good repair and in a neat, clean and orderly condition and will not permit deterioration of the Home.
The Owner shall maintain a standard all risk property insurance policy equal to the replacement value of the Home , naming the City as an additional insured. The insurance amount shall be adjusted every five years by appraisal, if requested by the City. Additional insurance requirements are set forth in the City Deed of Trust.
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12. OWNERSHIP CHANGES, RE-SALES, AND APPROVED VENDORS
The information below, and on the following page, outlines the process for transferring or changing ownership of the BMR home.
OWNERSHIP CHANGES
• Homeowners must review their BMR deed restrictions in order to determine it title can be transferred. • Outside of divorce, marriage or name change, the new owner must be eligible and qualified for the BMR program, as determined by the City / Administrator.
• Written approval from the City/Administrator is required. • Changes are not permitted if the homeowner has violated any of their Deed Restrictions. • Any request to remove, add, or otherwise change ownership of the BMR home shall be accompanied by the following documents:
• Divorce: Copy of court order
• Name change: Copy of legal documents
• Marriage: Copy of Marriage Certificate
• New ownership: All required documents per the City / Administrator • Trusts are not allowed.
• Inheritance is not permitted, unless otherwise allowed per the deed restrictions
RE-SALES
• The homeowner shall complete a ticket (request) on the HouseKeys website to begin the process for potential resale. • The homeowner shall provide all requested documents to the Administrator in order to begin processing the resale request.
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12. OWNERSHIP CHANGES, RE-SALES, AND APPROVED VENDORS (Continued)
• Once all required documents have been received, the Administrator will:
• Review the deed restrictions along with any liens recorded on the property. • Assignment of Option is required if owners wants to continue with sale • Complete an initial walk-through of the property, to determine the amount of work needed to sell the BMR home. • Schedule inspections of the property (contractors, appraiser, vendors, etc.) • Obtain a preliminary quote from vendors.
• Review quotes and schedule a walk-through of the property with the City. • Adjust contractor/vendor bids, if needed, and obtain a final quote for property improvements. • Obtain approval of the quote from the City.
• Calculate the Maximum Restricted Sale Price per the deed restrictions, accounting for all required and approved improvements to the property.
• Create the listing agreement or purchase agreement if needed. • Prepare the property for resale through the Lottery/Opportunity Drawing process. • All real estate/transaction fees are the responsibility of the seller. • The owner shall sign the Property Pricing form and Opportunity documents.
APPROVED VENDORS
All vendors shall be approved by the Administrator. The table below outlines the minimum requirements for any vendor associated with resale of the property:
CONTRACTORS • Contractors shall have a valid California Contractor License.
LENDER/LOAN
OFFICERS
• Loan Officers shall have previously attended HouseKeys loan officer orientation class. • The lender’s legal department shall approve all BMR documents prior to resale.
TITLE COMPANY • The Title Company shall be based in the County of Santa Clara.
APPRAISER • Appraisers shall have a valid California State Certification or California State License that has not expired.
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Eligibility Guide
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INTRODUCTION
On October 3, 2006, the City Council adopted Campbell’s Inclusionary Housing Ordinance ( Chapter 21.24), finding that the lack of affordable housing in Campbell forces many residents to pay a very high percentage of their income for housing. Through the inclusionary ordinance, at least 15% of the units in a new housing development of ten or more units will be price or rent restricted for low - and moderate- income households. Implementation of the inclusionary ordinance is a necessary part of the City's efforts to meet its General Plan Housing Element goals and objectives and its region wide affordable housing obligations.
On June 7, 2016, the City Council selected HouseKeys to administer the City’s affordable housing programs. In addition to general administration of these programs, HouseKeys determines the eligibility of individuals and households interested in owning a Below Market Rate (BMR) home in the City of Campbell.
This Eligibility Guide
1 answers basic questions regarding eligibility for the City of Campbell’s limited number of affordable ownership units, including Campbell’s preference criteria (page 2) , occupancy standards (page 3), first-time homebuyer standards (page 4), asset limits (page 5), and income limits (page 6).
For more information on the City’s Below Market Rate Program:
Online: http://www.housekeys2.com
Email: [email protected]
Phone: 1-877-460-KEYS (5397)
Address: 70 N. First Street Campbell, CA 95008
The City of Campbell reserves the right to change information contained in this Eligibility Guide and used for program implementation without prior notice or obligation.
1 A more comprehensive set of BMR Guidelines is being drafted and will be available at a later date.
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PREFERENCE CRITERIA FOR RENTAL OR PURCHASE OF BMR UNITS
When the City adopted its Inclusionary Housing Ordinance in 2006, the City Council established a preference for allocating the limited number of affordable rental and ownership units. First priority (for up to ten percent of all affordable units) shall be given to income eligible employees of the City of Campbell . S econd priority is given to income eligible existing Campbell residents and third priority is given to income eligible persons employed within the city limits of the City of Campbell. If a particular address is in question, HouseKeys will check with City st aff to determine if the property is within the City’s jurisdictional boundaries.
The preference system will be used to establish a ranking of applicants. An eligible household will be ranked according to where they live or work. While an applicant who lives or works within the city limits will have priority over an applicant who does not, residency/employment status is not a requirement for the program , and all individuals and households may apply. Households comprised of applicants who do not reside or work in Campbell may occupy a BMR unit if there are no eligible Campbell residents or workers on the eligibility list for occupancy.
BMR PREFERENCE CRITERIA
Priority 1: Work for City
(for up to 10% of BMR units)
Must work for the City of Campbell government entity
at least 20-hours per week for at least 6-months*
Employee must have passed probation
Priority 2: Live in Campbell Must have lived in Campbell for at least 6-months* Priority 3: Work in Campbell
Must work at a business located in Campbell
at least 20-hours per week for at least 6-months*
*This category includes employees of the Campbell School District even though their physical office or school building may be located in San Jose *Eligibility will be evaluated at the time of lottery submission and verified again prior to occupancy
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OCCUPANCY STANDARDS FOR BMR UNITS
Applicant/Co-Applicants must occupy the property as their principal residence. This means that the Applicant/C o- Applicants must use the property as their primary place of residence and the property must be owner -occupied upon purchase and for the life of the deed restrictions. Use of the property for rental purposes, including temporary leases or room rentals are not allowed under the program and will trigger immediate action.
To ensure that the City's limited BMR units are used efficiently, a household must be of a size equal to the number of bedrooms in the BMR unit. Pursuant to fair housing laws, t he maximum occupancy allowed in a BMR home is two people per bedroom, plus one additional person. Thus, to be eligible to purchase a three-bedroom unit, a household must contain at least three members, but no more than seven members. In some cases, an exception to the minimum standard may be made where no other qualified buyer/renter can be approved within 30-days of holding the lottery.
The City’s BMR Administrator will verify household occupancy once per year for the life of the 45- year BMR Agreement between the City and the homeowner(s).
BMR OCCUPANCY STANDARDS
Number of Bedrooms Minimum Household Size Maximum Household Size One 1 3
Two 2 5
Three 3 7
Four 4 9
Five 5 11
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FIRST-TIME HOME BUYER REQUIREMENT
To be eligible for the City of Campbell’s BMR homeownership program, all household members on Title must be a first - time homebuyer , except as provided below . A First-Time Home Buyer (FTHB) is an individual who has NOT had an ownership interest in a home in the three years immediately preceding their application date, except as follows:
(1) A displaced homemaker who, while a homemaker, owned a home with his or her spouse or resided in a home owned by the spouse. A displaced homemaker is an adult who has not, within the preceding two years, worked on a full-time basis as a member of the labor force for a consecutive twelve- month period and who has been unemployed or underemployed, experienced difficulty in obtaining or upgrading employment and worked primarily without remuneration to care for his or her home and family; or
(2) A single parent who, while married, owned a home with his or her spouse or resided in a home owned by the spouse. A singl e parent is an individual who is unmarried or legally separated from a spouse and has one or more minor chil dren for whom the individual has custody or joint custody or is pregnant; or
(3) An existing Campbell BMR homeowner who no longer meets the occupancy standards in these guidelines and otherwise qualifies to purchase a larger or smaller BMR home at the time of re-application.
Notwithstanding the forgoing, the following interests shall not by themselves, disqualify an applicant from falling within the definition of first time home buyer:
• Applicants who own a mobile home are not considered home owners under the BMR program and are eligible to participate.
However if the unit is not sold the property will be asset income along with any rental income. • Ownership in timeshares.
• Beneficiary of a trust for which the trustor is still living • Ownership of shares in a limited equity co-op
To verify FTHB status, HouseKeys will review 3 years of federal tax returns to confirm that the applicant has not claimed any of the tax deductions associated with homeownership (e.g. deductions of mortgage interest or property tax payments). If not legally obligated to file, the applicant must complete a Jurat explaining the reason along with supporting documents. HouseKeys will also review a credit report for mortgage loans and perform title searches to confirm the applicant is not an owner of record on any existing properties for at least 3 years. T he applicant must not be on title for any housing unit at all, whether they live in the unit or not. Other documentation may be requested to determine first time homebuyer status.
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ASSET LIMITATION
In addition to meeting the income limits, t here are restrictions on the amount of assets that a household may have to be eligible for the City of Campbell ’s BMR Program. For households applying to be an owner of a BMR unit, the limit is 50% of household AMI plus the down-payment up to 20% of the BMR price. So for example, the asset limitation for a 4- person household purchasing a 3-bedroom moderate income home with a 20% down payment would be approximat ely $147,950 where AMI is $107,100 and the example BMR price is $472,000
2. Asset limit = 50% of household AMI plus the down-payment up to 20% of the BMR price
The City will review household i ncome and assets for all owner-occupants, temporary occupants, and other occupants, regardless of such household member’s interest in purchasing or occupying a BMR home. To determine total household assets, HouseKeys will review the household’s total assets according to monthly st atements and/or other valuations. A six-month average will be used to avoid applicant “asset dumping” (asset liquidation or transfer to other parties) just prior to Program application in order to meet the asset limits. A ssets held in IRS -recognized retirement accounts (401- k’s, IRA’s, etc.) are not included for the purpose of determining whether an Applicant meets the Program asset limits.
However, retirement and insurance payments will be used to determine gross household income.
2 20% of 472,000 = $94,400; 50% of $107,100 = $53,550; $94,400 + $53,550 = $147,950.
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Below Market Rate (BMR) Homebuyers
HOUSEHOLD SIZE AND INCOME
Eligibility income limits are based on household size and a percentage of the Santa Clara C ounty Area Median Income (AMI) published by the D epartment of Housing and Community Development. AMI means that fifty percent of all household incomes in the county are more than 100% AMI and fifty percent of the household incomes are less than 100% AMI. In Campbell, the moderate income limit is 120% of AMI, while the low income limit is 8 0% of AMI . Use the table below to determine which income level your household falls under. All household members ages 18 or older must have their inco me verified. Household members that do not work or will not have any income in the next 12 months must complete a zero-income affidavit.
CALIFORNIA DEPT. OF HOUSING & COMMUNITY DEVELOPMENT
2016 SANTA CLARA COUNTY SINGLE FAMILY INCOME LIMITS (as of MAY 24, 2016) Number of Persons in Household
Income Category 1 2 3 4 5 6 7 8
Moderate Income
120% AMI $89,950 $102,800 $115,650 $128,500 $138,800 $149,050 $159,350 $169,600 Median Income
100% AMI $74,950 $85,700 $96,400 $107,100 $115,650 $124,250 $132,800 $141,350 Low Income
80% AMI $59,400 $67,900 $76,400 $84,900 $91,650 $98,450 $105,250 $112,050
Income earned (or imputed) from assets, such as dividends, interest, rental income, business income, etc., is included in the household’s annual income pursuant to the Code of Federal Regulations, Title 12, Part 5 income inclusions (§ 5.609).
Please also see Section 4 of this document regarding asset limitations.
Note: Income is looked at differently to qualify for a mortgage. It’s possible to be income eligible for the program, but not a loan, and vice-versa.
9.e
Packet Pg. 149
Attachment: Interim Guidelines (2-2017) (1297 : BMR Guidelines (Resolution/Roll Call Vote))
11.b
Packet Pg. 358
Attachment: BMR Rental-Owner Application and Participation Guides (Below-Market Rate Housing
City
Council
Report
TITLE: Council Committee Reports
RECOMMENDED ACTION
That the City Council report on activities from their committee assignments.
DISCUSSION
This is the section of the City Council Agenda that allows the City Councilmembers to report on items of interest and the work of City Council Subcommittees.
MAYOR RESNIKOFF:
City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Silicon Valley Animal Control Authority Board (SVACA)
West Valley Clean Water JPA
West Valley Mayors and Managers
West Valley Sanitation District
West Valley Solid Waste Authority JPA
VICE MAYOR BYBEE
Advisory Commissioner Appointment Interview Subcommittee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Cities Association of SCC Representative
Downtown Subcommittee
Finance Subcommittee
Friends of the Heritage Theater Liaison
Association of Bay Area Governments (Alt.)
Cities Association Selection Committee & Legislative Action Committee (Alt.) Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.) West Valley Mayors and Managers (Alt.)
COUNCILMEMBER GIBBONS:
Association of Bay Area Governments Executive Committee** Item: 12
Category: COUNCIL COMMITTEE
REPORTS
Meeting Date: March 15, 2022
12 Packet Pg. 359
Council Committee Reports Page 2 of 3
Campbell Historical Museum & Ainsley House Foundation Liaison Cities Association of SCC Selection Committee & Legislative Action Committee Education Subcommittee
Legislative Subcommittee
Silicon Valley Clean Energy JPA Board of Directors & Executive Committee (SVCE)
County Library District JPA Board of Directors (Alt.)
SCC Housing and Community Development Advisory Committee (Alt.)
COUNCILWOMAN LANDRY
Advisory Commissioner Appointment Interview Subcommittee County Library District JPA Board of Directors
Downtown Subcommittee
Education Subcommittee
Economic Development Subcommittee
Recycling and Waste Reduction Commission of SCC**
Santa Clara Valley Water District: County Water Commission
Cities Association of Santa Clara County Representative (Alt.) State Route (SR) 85 Corridor Policy Advisory Board (Alt.) West Valley Solid Waste Authority JPA (Alt.)
West Valley Clean Water JPA (Alt.)
COUNCILMEMBER LOPEZ:
Association of Bay Area Governments
Economic Development Subcommittee
Finance Subcommittee
Legislative Subcommittee
SCC Housing and Community Development Advisory Committee State Route (SR) 85 Corridor Policy Advisory Board
Valley Transportation Authority Policy Advisory Committee
Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) Friends of the Heritage Theater Liaison (Alt.)
Santa Clara Valley Water District: County Water Commission (Alt.) Silicon Valley Clean Energy JPA Board of Directors Executive Committee (Alt.) West Valley Sanitation District (Alt.)
**appointed by other agencies
Prepared by:
Dusty Christopherson, City Clerk
12 Packet Pg. 360
Campbell’s
Plan for Housing
City Council
March 15, 2022
7:30 PM
2 ▪ Inform the Council on Status and Next Steps on Campbell’s Plan for Housing
▪ Housing Opportunity Sites Selected for EIR Analysis
▪ Next Steps – EIR Preparation
▪ Next Steps – Policy Discussion
▪ Schedule and Public Outreach – Policy Discussion
▪ Related Workplan efforts – Zoning Ordinances Updates + Cal Poly Work
▪ Council Feedback
▪ Public Outreach / Stakeholder Engagement
▪ Upcoming Housing Policies and Programs
Presentation Objectives
3 Presentation Outline
I. Introduction & Background
II. Timeline and Key Milestones
III. Outreach Strategies
IV. Potential Policies
V. Related Work Plan Efforts
VI. Council Discussion
VII.Next Steps
4 Timeline and Key Milestones
Sept. 2021
Admin.
Draft
General
Plan
Jan. 2022
Housing
Opportunity
Sites
March
2022
Housing
Polices
-----
EIR
-
NOP
Spring
2022
Policy Input;
Community
and HCD
Review
May
–
July 2022
Draft
Housing
Element
and Draft
EIR
Late 2022
Adoption of
EIR, Housing
Element, &
GP
Jan. 2023
HCD
Approves
Housing
Element
5 Minimum Number of
Housing Opportunity Site Units3,300 units
• Includes 30% buffer above Campbell’s RHNA requirement for Housing Opportunity Sites as recommended by State HCD
Council Recommendation
at Jan. 25 meeting6,644 units
• 131 sites at a variety of density levels, including new residential densities (45, 60, and 75 du/ac) not currently found in Campbell’s General Plan
Housing Opportunity Sites
6 Housing Opportunity Sites
Jan. 25 Meeting sites total: 5,610
San Tomas Center 457
Sam Cava/Gilman/Railway Ave 362
Sites (6) added 226
Misc. changes -11
Subtotal 1,034
Current sites total: 6,644
7 Housing Opportunity Sites
Housing Opportunity Sites –
6,644 New Units
8 EIR Intent
▪ Evaluate all land use changes
▪ Housing Opportunity Sites
▪ GPAC – General Plan Land Use Changes
EIR Schedule
▪ March 18 (Tentative) – Publication of Notice of Preparation (NOP). Begins 30-day review period until April 18
▪ April 12 – PC NOP Scoping Meeting
▪ Summer – Publication of Public Draft Environmental Impact Report (EIR). Begins 60-day review period
▪ Fall / End of Year – Final Hearings and EIR Certification EIR Intent/Schedule
9 Outreach and Public Meetings
Community and Stakeholder Engagement (March 23 through April 6) ▪ Includes 2-4 Focus Group Meetings
▪ General Community Meeting - March 24
▪ General Service Provider Stakeholder Meeting - March 29 Housing Policies and Programs Review and Feedback Meeting #1 ▪ Planning Commission - April 12
▪ City Council - April 20
Housing Policies and Programs Review and Feedback Meeting #2 ▪ Planning Commission – May 4
▪ City Council – May 9
10 ▪ May 20 – Public Review Draft Housing Element
▪ 30 Days Public Review (May 20 through June 20)
▪ 10 Days to Respond (June 20 through June 30)
▪ June 30/July 1 – Provide Housing Element to HCD
▪ July through September – HCD 90-Day Review Period
▪ October – Planning Commission Hearings
▪ November/December – City Council Hearings
▪ January 2023 – Submittal to HCD
Timeline and Key Milestones
11 Timeline
key milestones
12 Outreach Strategies
▪ Previous Focus Groups included:
▪ Affordable Housing Developers
▪ Campbell Chamber of Commerce
▪ Market-Rate Housing Developers
▪ Housing Opportunity Site Property Owners
▪ Additional Focus Groups meeting March/April
13 Service Providers
School Districts
Non-Profit Service Providers
• MidPen Housing
• Uplift Family Services
• Bill Wilson Center
• HomeFirst Services
Faith Based Organizations
14 Policy Development Process
Review of
Existing
Housing
Element
Data and
Demographics:
Housing Needs
and Special
Needs
Populations
Feedback from
the Community
and
Stakeholders
Potential New
Policies and
Programs to
Address
Campbell’s
Housing Needs
15 Potential Policies
Objective #1:
Improve Housing Affordability in Campbell –
encourage the production of affordable housing
▪ Modifications to Campbell’s Inclusionary Ordinance
▪ Establishment of Linkage Fees applied to non-residential development
▪ Affordable Housing Overlay Zone
▪ Regulation of housing unit sizes to increase affordability ▪ Use of City owned land for affordable housing
▪ ADU Ordinance updates
▪ Providing certainty for housing developers and appropriate waivers for affordable housing developments
▪ Develop SB10 Ordinance
16 Potential Policies
Objective #2
Preserve Existing Housing / Affordable Housing Stock
▪ Rent Control
▪ Preservation of Mobile Home Parks
▪ Short Term Vacation Rental Ordinance
▪ Housing Rehab Loan Program
▪ Opportunity Housing / CSCDA JPA
Objective #3
Remove Government Constraints to Housing
▪ Modify Parking Standards
▪ Create Permit Streamlining
▪ Additional staffing to process housing applications
▪ Development Impact Fee Adjustments for Affordable Housing Projects
17 Potential Policies
Objective #4
Resilient Housing Policies
▪ Siting Development
▪ Resilient Design
▪ Reduction of reliance on automobiles
▪ Energy related incentives
18 Potential Policies
Objective #5
Affirmatively Furthering Fair Housing and addressing
special needs groups
▪ Fulfilling housing needs for special needs populations and workforce housing (programs related to this policy will be refined following initial community feedback)
▪ Large Families / Female Headed Households
▪ Homelessness
▪ Persons with Disabilities
▪ Seniors
▪ Rental Assistance (Section 8, Special needs, Housing Deposit Assistance, etc.)
▪ Renter Protections
▪ ADU incentives for special needs populations
▪ Outreach and education on fair housing laws
▪ Equity training
▪ Multilingual information on housing programs
19 Related Work Plan Efforts
▪ Zoning Ordinance Amendments
▪ Adopt Objective Standards – Housing Accountability Act ▪ Adopt new zoning districts to implement Housing Opportunity Sites / General Plan updates
▪ Updates for conformance with state law
▪ Miscellaneous updates
▪ Workplan update / revised Scope – April
20 Related Work Plan Efforts
▪ Cal Poly San Obispo City Planning Students –
Light Rail Station Area Planning
▪ Concentration of higher density housing around light rail stations
▪ Initial Concepts on Station Area Plans
▪ City visit – April 6th
▪ Final Presentation to Planning Commission – May 31st
Council Discussion
https://campbell.generalplan.org/housing-element
22 ▪Community Outreach
▪Returning to Planning Commission on
April 12 and City Council on April 20
▪May 20 – Public Review Draft Housing
Element
Next Steps
Thank you!
Questions
Comments
https://campbell.generalplan.org/housing-element
24 Service Providers
MidPen Housing
Rebuilding Together Silicon Valley
Project Sentinel
Law Foundation of Silicon Valley
Neighborhood Housing Services of Silicon
Valley
Uplift Family Services
Habitat for Humanity Silicon Valley
Community Resource Solutions
Sacred Heart Community Services
Bill Wilson Center | Rapid Re-Housing
Valley Health Center Homefirst Shelter
Valley Health Center Alexian
Life Moves
Stand Up for Kids Silicon Valley
HomeFirst Services
Nextdoor Solutions
Senior Adults Legal Assistance
AARP Campbell Chapter
Catholic Charities
Campbell Veterans Memorial Foundation
San Andreas Regional Center
Bill Wilson Center
Centro de salud móvil “saludos” |
Saludos Mobile Health Center
Asian Women's Home (Domestic
Violence)
Presenter: Stephen Rose, Senior Planner
City Council
March 15, 2022
Item No. 11
Below-Market Rate Housing Improvement Plan
Background
o General Plan policy to foster adequate housing
• 217 units in program today (owner/rental/loan)
o HouseKeys hired in 2016 to serve as BMR Administrator • Last year marked City’s 5th year of partnership
o Program Improvement Meeting requested by Council
Purpose
o Important to routinely evaluate goals and outcomes
o Evaluate observed challenges and identify solutions
o Some issues require ‘long-term’ solution
Program Administration
o #1 - Outdated Scope of Services
• Identify routine items and establish deadlines
• Create a customer service survey
o #2 – Campbell Municipal Code
• Establish annual review process to conform with new legislation o #3 – Housing Agreements
• Update to reflect best practices
Fiscal Resiliency
o Charged against Fund 233
• Administration Costs: $137,200 (flat fee) + transaction fees • .4 FTE Senior Planner + Legal Costs
• Earns revenue from unit sales; loan payoffs/interest; in-lieu fee o #1 – Costs Exceed Revenues; Not Sustainable
• Increase fees charged to homebuilders
• Establish a fund to purchase units from participants
Rental Program
o 51 units; 5 developments
o #1 – Eligibility Reviewed on Annual Basis; Turnover
• Allow to exceed on first occurrence; or
• Allow to increase to market-rate – set rent to 30% of income o #2 – Recertification requirements for legacy units unclear • Update BMR Rental Guide to clarify if units that entered the program prior to 2018 should be grandfathered
o #3 – Occupancy standards unclear for studio
• Clarify if limited to two, or three occupants
Ownership Program
o 84 units; 16 developments
o #1 – Units do not remain affordable over time
• Create program to ‘buy down’ affordability when close to limit o #2 – Pricing procedures for resale unclear
• Update BMR Owner Guides to clarify repair/pricing
o #3 – Minimum standards unspecified
• Update guides to establish
Ownership Program
o 84 units; 16 developments
o #1 – Units do not remain affordable over time
• Create program to ‘buy down’ affordability when close to limit o #2 – Pricing procedures for resale unclear
• Update BMR Owner Guides to clarify repair/pricing
o #3 – Minimum standards unspecified
• Update guides to establish
o #4 – Unit maintenance issues during occupancy
• Conduct annual inspection / rehabilitation program
Loan Program
o #1 – Challenge to paying off early
• Allow appraisals to determine equity percentage calculatino o #2 – Benefits diminished overtime
• Expand program to help provide first-time homebuyer loans, rent relief during pandemics, and support for missing middle housing Compliance Program
o #1 – Delays in Enforcement
• Establish enforcement fund
o #2 – City Indemnified by HouseKeys
• Clarify agreement to clarify circumstances where the City should be responsible for legal costs
o #3 – Lack of Administrative Remedies
• Establish mediation and/or penalty program for non-compliance Long Term Challenges
o +/-1,684 BMR in next 8-years
o Consultant services and City resources anticipated to be strained or insufficient to manage growth
o No long-term fiscal resiliency
o Staff to prepare RFP for Outside Program Expert in Spring • To review current state and projected demands
• To recommend changes to management of program
• To expand the program into sustainable business model Recommended Action
That the City Council provide direction on the
recommended Below-Market Rate Housing Program
improvement plan.
13 Questions?
Name
Stephen Rose Senior Planner
Key Performance Measures
o Respond to Inquiries: 48 hrs.
o Rental Vacancies: 60 days
o Training/Orientations: 6 minimum
o Annual Monitoring
Program Administration Charges
RHNA 6 – 1,684 BMR Units
RHNA 6 – 1,684 BMR Units