NOTICE AND CALL OF SPECIAL MEETING
CHINO CITY COUNCIL / SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY Notice is hereby given that a special meeting of the Chino City Council / Successor Agency to the Redevelopment Agency will be held on Tuesd ay, January 17, 2023, at 4:30 p.m. in the City Council Chambers located at 13220 Central Avenue, Chino, CA.
Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers.
Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Ac t, or for any other reason, please contact the City Clerk’s Office at (909) 334-3306. Notification of at least 48 hours prior t o the advertised starting t ime of the meeting will help the City make reasonable arrangements.
Any documents produced by the City and distributed to a majority of the City Council regarding any ite m on this agenda will be made availab le in t he City Clerk’s Office during normal business hours at City H all located at 13220 Central Avenue, Chino. In addition, such documents will be posted on the City’s w ebsite at www.cityofchino.org.
CHINO CITY COUNCIL
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
WORKSHOP – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, JANUARY 17, 2023
4:30
PM
A
GENDA
R
OLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Karen Comstock, Council Member Curtis Burton, Council Member Christopher Flores, Council Member Marc Lucio.
FLAG SALUTE
PUBLIC COMMUNICATIONS
This is the time and place for the public to address the City Council regarding the items listed on the agenda. Ordinance No. 97 -08 (Chino Municipa l Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address the Council.
DISCUSSION
1. Implementation of the 2021- 2029 Housing Element: Zoning Ordinance Amendments and Inclusionary Requirement for Affordable Hous ing. Implementation of the 2021- 2029 Housing Element: Zoning Ordinance Amendments and Inclusionary Requirement for Affordable Housing.
Staff Report by: Nicholas S. Liguori, ACIP, Director of Development Services.
CHINO CITY COUNCIL
JANUARY 17, 2023 2
RECOMMENDATION: Receive a report and provide feedback to the City's General Plan consultant regarding the preparation of a Zoning Code Amendment creating the Affordable Housing (AHO) and Mixed Use (MUO) overlay districts, and the development standards related to them, as required by the 2021 -2029 Housing Element implementation; as well as an economic analysis of an inclusionary requirement for affordable housing in these overlay zones.
2. City Code Enforcement Process and Procedures. Receive and file a report with a status update on staffing, statistics, and policy and procedures in the Code Enforcement Division.
Staff Report by : Nicholas S. Liguori, AICP, Director of Development Services, Mike Heroux, Deputy Director of Development Services, and Matt Silver, City Prosecutor.
RECOMMENDATION: Receive and file a report with a status update on staffing, statistics, and policy and procedures in the Code Enforcement Division, as well as to provide updates and education to the community about code enforcement processes, goals and cases.
A
DJOURN
The next Regular Meeting of the City Council will be held on Tuesday, January 17, 2023 at 7:00 p.m. in these Council Chambers.
I
, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Wednesday, January 11, 2023, this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: JANUARY 17, 2023
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: IMPLEMENTATION OF THE 2021-2029 HOUSING ELEMENT: ZONING
ORDINANCE AMENDMENTS AND INCLUSIONARY REQUIREMENT FOR
AFFORDABLE HOUSING.
RECOMMENDATION
Receive a report and provide feedback to the City's General Plan consultant regarding the preparation of a Zoning Code Amendment creating the Affordable Housing (AHO) and Mixed Use (MUO) overlay districts, and the development standards related to them, as required by the 2021-2029 Housing Element implementation; as well as an economic analysis of an inclusionary requirement for affordable housing in these overlay zones.
FISCAL IMPACT
There is no financial impact associated with this workshop report.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
· Responsible Long-Range Planning
COUNCIL MEETING DATE: JANUARY 17, 2023
SUBJECT: IMPLEMENTATION OF THE 2021-2029 HOUSING ELEMENT: ZONING
ORDINANCE AMENDMENTS AND INCLUSIONARY REQUIREMENT FOR AFFORDABLE
HOUSING
PAGE 2
BACKGROUND
California law requires that all cities and counties adopt a General Plan Housing Element that demonstrates the ability to accommodate their assessed share of the regional housing need for all income levels (called the Regional Housing Need Assessment, or RHNA). Recognizing that housing is primarily produced by the private sector, State law requires local governments to adopt plans and regulatory systems that facilitate housing development to meet the assessed need. The City of Chino's 2021-2029 Housing Element (“Housing Element”) articulates a strategy for meeting RHNA obligations that involves the creation of two new zoning overlay districts that permit housing at densities deemed affordable to lower income households in Chino: an Affordable Housing Overlay (Program 3B) and a Mixed Use Overlay (Program 3C).
Additionally, to help ensure that RHNA requirements for lower income households are met, the Housing Element calls for completion of a study to assess the feasibility of adopting inclusionary zoning requirements. Inclusionary requirements would facilitate the mandatory creation of a certain amount of affordable housing units within each development.
The overlays would apply to sites shown on Attachment 1, Map of Overlay Sites. The majority of these sites currently have non-residential zoning and, as such, the approval of Chino voters was required to allow residential development on them, consistent with Measure M, the City's residential growth control measure. Accordingly, Measure Y (Ordinance 2022-001) was placed on the ballot in June 2022 requesting voter approval for the City to redesignate specified sites to allow for residential uses, affordable housing, and mixed uses to meet its RHNA obligations.
Measure Y passed with 73.3 percent voter approval, and staff and the consultants are preparing zoning code amendments to implement the overlay district and associated development standards. Adoption of the overlays is required before the California Department of Housing and Community Development (HCD) will certify the City's 2021-2029 Housing Element as complete and compliant with State law.
To date, staff and the consultants have prepared preliminary drafts of proposed amendments to the Zoning Ordinance to put the overlay zoning in place, create the related development standards, and to modify the citywide parking standards and development approval procedures as needed to implement the programs the Council approved in the Housing Element.
Additionally, a financial analysis is in progress to assess whether inclusionary housing requirements along with the proposed development standards and affordability requirements would make economic sense in our local real estate market. This will enable the Council to know which income groups could be served under various assumptions.
The objective of this study session is to provide a progress report to the City Council. At the meeting, the consultant will go over the status of work on implementation of the Housing Element, focusing on policy questions and feedback requested on specific issues. The consultant will also walk the City Council through the preliminary results of the financial evaluation of potential inclusionary requirements. The topics discussed will ensure responsible long-range planning that facilitates the construction of new housing to meet the needs of the City throughout the Housing Element planning period for low and very low affordable housing income categories, as required by State law.
ISSUES/ANALYSIS
The City’s Zoning Ordinance is a key tool for implementing the General Plan; it translates broad land use policies into parcel-specific regulations. It also ensures land use compatibility, making COUNCIL MEETING DATE: JANUARY 17, 2023
SUBJECT: IMPLEMENTATION OF THE 2021-2029 HOUSING ELEMENT: ZONING
ORDINANCE AMENDMENTS AND INCLUSIONARY REQUIREMENT FOR AFFORDABLE
HOUSING
PAGE 3
new development a “good neighbor” by minimizing nuisances and environmental harm. Zoning also can be used to support the City’s economic development goals and promote development of affordable housing, which is much needed in the community.
The Zoning Ordinance consists of base zoning districts and overlays. The base zoning districts are “use-based” and align with the land use classifications shown on the General Plan Land Use Designation Map. They include residential, commercial, industrial, and mixed use zoning districts. These districts include tables listing permitted land uses and tables setting physical development standards to control residential density (the number of housing units per acre on a parcel), building height and mass, and the location of buildings and parking areas on a parcel. A community may want to vary some of the regulations within the base zoning district to respond to particular conditions within defined areas. “Overlay Districts” are often used for this purpose.
Overlay districts modify the regulations and development standards applicable to the underlying district in order to accomplish a specific purpose. Such districts impose additional regulations or allow modification of base district standards in areas that display special physical characteristics or conditions or are suitable for a new type of use. An overlay district also may require an additional level of review to ensure projects meet additional specific criteria or standards, it may allow greater density or taller buildings, or it may require greater building setbacks. In Chino, the Zoning Ordinance currently has overlay districts for agricultural areas, land around the airport, and the Downtown area.
Implementation of the updated Housing Element involves the creation of two new overlay districts, as described above. In thinking about the creation of these new overlay districts, there are five key questions for the Council’s consideration:
1. Regulatory Structure: Should inclusionary housing (required construction of affordable housing) in the overlay districts be a voluntary program, allowing developers to build commercial or lower density residential projects under the base zoning, but offering development incentives if affordable housing is proposed, as allowed by Measure Y?
2. Density: Should the overlay districts be structured with a maximum base density of 20 units/acre and minimum affordable housing requirements, and then have allowances for additional density with additional affordable housing up to 30 units/acre - the limit set in the General Plan?
3. Development Incentives: Should the development incentives for affordable housing in the overlay districts include reduced setbacks, reduced open space requirements, reduced parking, and relief from covered parking requirements?
4. In Lieu Fee Option: Should an in-lieu fee option be included in the inclusionary housing program? Should it be only for small projects or available for all projects?
5. Development Review Process: Should the Planning Commission be the decision- maker responsible for site approval for affordable housing and mixed use projects in the overlay districts, with staff level review and ministerial approvals only when required by State law for certain qualifying projects?
Following is a discussion of issues and options for each of the five topics presented above.
COUNCIL MEETING DATE: JANUARY 17, 2023
SUBJECT: IMPLEMENTATION OF THE 2021-2029 HOUSING ELEMENT: ZONING
ORDINANCE AMENDMENTS AND INCLUSIONARY REQUIREMENT FOR AFFORDABLE
HOUSING
PAGE 4
Analysis by Topic
1. Regulatory Structure
The proposed amendments envision a voluntary program for inclusionary housing in the overlay districts, with no specific requirements that any affordable housing be built; if a property owner simply wanted to build retail or office space, add commercial uses, or renovate and enlarge existing buildings on a site consistent with the base zoning, that could be done under the current land use regulations and development standards already established for the site. However, if the potential financial returns made sense for an affordable housing project or mixed use development with affordable housing, either on vacant land or with redevelopment of an underutilized site, then the overlay districts would establish minimum requirements, including the amount of housing that would have to be affordable to low or very low income renters or owners.
This approach to structuring an inclusionary housing program is similar to that used in many of the 170 cities in California where inclusionary programs have been established. To provide a context for City staff, the General Plan consultant team surveyed 85 jurisdictions and prepared a matrix documenting the compliance requirements, the percent of units that must be set aside for affordable housing, minimum project size, and the provisions for setting income targets for potential residents. This detail (summarized in Attachment 2) will inform subsequent work on a specific ordinance following Council feedback on these topics.
In the financial analysis conducted for the alternative affordable housing requirements, the City’s consultant team determined inclusionary requirements for housing for lower income residents on the order of 10 percent at 20 units per acre, 15 percent at 25 units per acre, and 20 percent at 30 units per acre were supportable, meaning that they would provide developers with a fair and reasonable return on the investments in projects. Such a requirement would not be confiscatory because the program would be voluntary and, to allow flexibility, the affordable housing could be built on-site or off-site.
In mixed use development, no changes in the land use regulations for retail and office space established in the base zoning districts would be proposed. There would be no requirement for a minimum amount of retail space; just a development standard that non-residential ground floor space include commercial uses that are pedestrian oriented, such as shops, restaurants, or offices for walk-in clientele. This flexibility is needed in a post-Covid environment which has made the retail economy for traditional retail businesses much more challenging, so opportunities for other tenants must be provided to avoid empty storefronts.
The overlay district option is expected to be used primarily to build rental housing; affordable “for sale” units could be built, but according to the financial evaluation, the economics are not as attractive, particularly now with rising mortgage costs, and having to ensure long term affordability for subsequent buyers could be problematic and costly for the City and for the developer. For these reasons, staff is recommending that the overlay districts be conceived with enough flexibility to make it viable, leaving the choice of the type of affordable housing to be built (for sale vs. rental) up to individual applicants, while still enabling the City to meet its RHNA targets for lower income households for the Housing Element planning period.
With this in mind, the Council is asked to confirm the proposed regulatory structure:
· Should inclusionary housing in the overlay districts be a voluntary program, allowing developers to build commercial projects under the base zoning but offering development COUNCIL MEETING DATE: JANUARY 17, 2023
SUBJECT: IMPLEMENTATION OF THE 2021-2029 HOUSING ELEMENT: ZONING
ORDINANCE AMENDMENTS AND INCLUSIONARY REQUIREMENT FOR AFFORDABLE
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incentives if affordable housing is proposed, as allowed by Measure Y?
2. Density
The next question focuses on density. Specifically, how much housing should be allowed, and if an affordability requirement is imposed, is there a minimum amount that would “pencil out” from a developer’s perspective and provide a greater return for a real estate investment than could be realized with commercial development allowed with the underlying base zoning district. Many of the sites within the overlay areas currently have commercial zoning, and no housing is permitted; however, a few sites have a residential base zoning that allows for up to 20 units per acre. Measure Y amends the General Plan to allow the density in the two overlay districts to go up to 30 units per acre if established affordability criteria are met as a development incentive to reduce costs per unit, which would make construction of affordable housing economically viable.
The financial evaluation has confirmed that allowing residential uses and offering an increase in density to get additional affordable housing for lower income residents is justifiable. The reduction in profitability can be offset by:
· Increases in density, lowering land costs per unit;
· Reductions in development costs with adjustments in standards; and · Modest increases in market rents offset cost increase and still provide a fair and reasonable return on money invested in a project.
In the zoning amendments for the overlays, there would be a sliding scale, allowing for increased density up to a maximum of 30 units per acre if the developer increases the number of affordable housing units built. It would offer “as-of-right” increases in density; these would not have to be negotiated on a case-by-case basis, so developers would know up front what density they could expect if they provided a certain number of affordable housing units for low income or very low income residents. As required under State law, this approach also would not require Council approval. The following table shows how a sliding scale might be presented.
Housing Types and Income
Category
Minimum %
Affordable Units
Required
Base Density
(units per acre)
Additional Density for an
Increase in Affordable Units
Rental Units for Low Income
Households
10% 20 One unit/acre for a 2.5%
increase in affordable units
For Sale Units for Moderate
Income Households
10% 20 One unit/acre for a 2%
increase in affordable units
The sliding scale would be a powerful incentive for residential development in the areas targeted in the Housing Element; it has proven successful in many California cities as the increased rents or sales that come with increased density more than offset the increase in development costs to build the additional units. It’s a “win-win” program, offering financial benefits for the developer and more affordable housing for the City.
The State Density Bonus Program and a recently adopted bill (AB 2011) enabling similar bonuses for affordable housing on commercial sites that goes into effect July 2023 also allows developers to request up to a 50 percent increase in the allowable density if a certain number of COUNCIL MEETING DATE: JANUARY 17, 2023
SUBJECT: IMPLEMENTATION OF THE 2021-2029 HOUSING ELEMENT: ZONING
ORDINANCE AMENDMENTS AND INCLUSIONARY REQUIREMENT FOR AFFORDABLE
HOUSING
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affordable units for low and very low income residents are provided. The Government Code imposes specific requirements for a development to get a density bonus, and the City has incorporated these by reference in Chapter 20.14 (Residential Density Bonus) of the Zoning Code. Applicants must provide detailed financial information and use of funds statements.
Public hearings are required before the Planning Commission and the City Council. For affordable housing projects on commercial sites, State labor standards, including fair wage and reporting requirements, also apply. Density bonus units approved under the State program can be used to comply with an inclusionary housing program for the overlay areas. While the State program does allow developers to request incentives and concessions, these need to be substantiated in appraisal reports and proforma documentation of development costs and negotiated with the City.
In order to make the sliding scale option attractive to the development community and not impose unnecessary costs, the proposed regulations and review process for the overlays is streamlined, with use of objective standards, and detailed financial reports would not be required. As such, it would offer a competitive alternative to the State density bonus program and is likely to result in shorter approval times and lower approval costs.
The financial analysis showed that the State density bonus program for commercial sites does not enhance development opportunities because of the labor costs, prevailing wage requirements, and reporting obligations that would be imposed, but on sites with residential zoning, the 50 percent density bonus may be attractive to developers who propose to set aside 15 percent of the units allowed under the maximum density that would otherwise apply for very low income residents. That opportunity would be available to applicants in overlay areas with residential zoning under existing provisions in the Municipal Code that are in Chapter 20.14, Residential Density Bonuses.
With this in mind, the Council is asked to confirm the proposed approach to regulating density in the overlays:
· Should the overlays be structured with a maximum base density of 20 units/acre and minimum affordable housing requirements, and then provide allowances for additional density with additional affordable housing up to 30 units/acre - the limit set in the General Plan?
3. Development Incentives
Staff and the consultants propose that the development standards for the overlays for affordable housing and mixed use development be based on the RD 20 and mixed use development standards, with the following adjustments to accommodate increased density above 20 units/acre and make an affordable housing project financially viable:
· Reducing setbacks and open space requirements;
· Eliminating a requirement for recreational facilities where parks and public recreational facilities are within one half mile walking distance of a project; and · Reduced and modified covered parking requirements for multi-family housing projects.
These adjustments would align the proposed standards with standards set in the City’s downtown overlay district, the development standards for The Preserve, and the standards set for the mixed use zoning districts with modifications and additional standards, reflecting best practices in peer communities for high density multi-family housing in freestanding buildings and COUNCIL MEETING DATE: JANUARY 17, 2023
SUBJECT: IMPLEMENTATION OF THE 2021-2029 HOUSING ELEMENT: ZONING
ORDINANCE AMENDMENTS AND INCLUSIONARY REQUIREMENT FOR AFFORDABLE
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in mixed use projects. By way of example, no interior side or rear setbacks would be required for ground-floor commercial uses in a mixed use project, but setbacks are needed for upper floors with housing to ensure adequate light and air and avoid impacts on privacy of any adjacent residences. These are the standards frequently set in similarly-situated communities.
The City’s current open space requirements (200 square feet for ground floor units and 100 square feet for upper-level units) for multi-family housing are proposed to be reduced for consistency with standards used in other peer jurisdictions, and the requirement for on-site recreational facilities where nearby parks and recreational facilities are available would be waived. These adjustments would help reduce development costs; they are not expected to have a substantive effect on the overall quality of the amenities to be provided to residents living in the overlay areas.
Policies in the City’s Housing Element call for regulatory incentives to facilitate affordable housing development. Consistent with that direction, the proposed amendments also could eliminate the covered parking requirement for all spaces in residential projects, replacing this provision with a standard requiring uncovered parking to be in the rear half of the lot and be screened from view from public streets. The City’s consultant surveyed peer cities and found a number of them do not impose a covered parking requirement on multi-family projects (e.g.
Burbank and Pasadena); others only required half the spaces to be covered (e.g., Claremont, Ontario, and Pomona). If the City’s policy objective is to make affordable projects financially viable with regulatory incentives, eliminating the covered parking requirement would be consistent with that objective and make economic sense. The zoning amendments also would explicitly allow for reduced parking requirements for affordable housing projects, as required by State law.
With this in mind, the Council is asked to confirm the proposed development incentives for affordable housing in the overlay areas:
· Should the development incentives for affordable housing in the overlays include reduced setbacks, reduced open space requirements, reduced parking, and relief from covered parking requirements?
4. In Lieu Fee Option
To provide flexibility in implementation and avoid legal challenges to a rigid inclusionary housing requirement, the option to pay a fee in lieu of constructing housing onsite is often provided. City staff proposes that the inclusionary housing program for the Chino overlays allow developers to pay a fee in lieu of producing any affordable units for lower income residents on-site within a market rate apartment project. This option then would allow the inclusionary housing requirements to be transferred to developers that have experience in constructing affordable housing projects who would receive the fees paid to the City and the resulting projects may have greater amounts of affordable housing. This is advantageous for the following reasons:
· Affordable housing developers have specific expertise in the development and operation of affordable housing projects; and
· Dedicated affordable housing projects have access to State and federal funding sources that are not available to market rate projects. These funding sources provide a more cost-efficient way to achieve deeper affordability than can be supported by an inclusionary housing requirement that is imposed on individual projects with market rate housing on a case-by-case basis. A representative sample of programs that are targeted COUNCIL MEETING DATE: JANUARY 17, 2023
SUBJECT: IMPLEMENTATION OF THE 2021-2029 HOUSING ELEMENT: ZONING
ORDINANCE AMENDMENTS AND INCLUSIONARY REQUIREMENT FOR AFFORDABLE
HOUSING
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to dedicated affordable housing projects are:
o The funds allocated to the City by HCD under the Permanent Local Housing Allocation (PLHA) for Senate Bill 2 (Chapter 364, Statutes of 2017); o The federal and State Low-Income Housing Tax Credits (Tax Credits) offered under Internal Revenue Code Section 42;
o State funding sources such as the Infill Infrastructure Grant, the Multifamily Housing Program, and the Affordable Housing and Sustainable Communities Program; and
o The Area Housing Authority of the County of San Bernardino assistance programs.
With this in mind, the Council is asked to confirm whether there should be an in lieu fee option for the inclusionary housing program for the overlays:
· Should an in lieu fee program be included, and if so, should it be only for small projects or available for all projects?
5. Development Review Process
The proposed overlays would provide a streamlined permit approval process from what is now required for projects seeking a density bonus under the City’s residential density bonus program in Chapter 20.14 of the Zoning Ordinance but would still allow for a checklist type of design review by the Planning Commission using the City’s Site Approval procedures. The zoning amendments creating the overlays would include objective development and design standards, making determining compliance easier than with discretionary review, and the Planning Commission’s public hearing process would focus on whether a specific project conforms to these objective standards and the applicable affordability requirements for the density requested.
Under State law, a conditional use permit procedure cannot be used for affordable housing, and cities cannot impose a public hearing requirement or grant the City Council discretionary decision-making responsibilities for density bonuses for affordable housing on commercial sites as the Council currently has under the City’s residential density bonus program if certain development incentives are requested. Therefore, in the proposed inclusionary housing program, the development review process would be streamlined because the overlays would be required to comply with the objective standards established by the City and not involve any negotiations on concessions or incentives or review of a project’s financial information and flow of funds statements. This would reduce the time and costs required for development approvals for projects in the overlay areas while ensuring that new development contributes to the character of the community.
New State law (AB 2011) does require the City to have a ministerial, staff-level review process for affordable housing projects that meet specified criteria, including compliance with State labor standards. This option would be offered for qualifying projects, with reference to the State law that would then govern. The City Attorney is working with City staff to determine if any amendments to the Municipal Code are required that would reflect the requirements of this new law.
With this in mind, the Council is asked to confirm the proposed process for development review:
COUNCIL MEETING DATE: JANUARY 17, 2023
SUBJECT: IMPLEMENTATION OF THE 2021-2029 HOUSING ELEMENT: ZONING
ORDINANCE AMENDMENTS AND INCLUSIONARY REQUIREMENT FOR AFFORDABLE
HOUSING
PAGE 9
· Should we continue to have the Commission involved in Site Approval application review and approval, with staff level review and ministerial approvals only when required by State law?
CONCLUSION
Staff requests that the City Council provide feedback to the consultant on the policy questions identified for the Affordable Housing (AHO) and Mixed Use (MUO) Overlays and a potential inclusionary housing program at the workshop. Following the City Council’s input, the consultant will implement the direction received by Council with the understanding that the overlay districts and inclusionary housing program are required to accommodate the affordable housing units identified in the City’s RHNA, ensure compliance with State Housing law, and have an HCD- certifiable Housing Element in the General Plan. Following direction from City Council, the consultant will continue to work with staff and the Planning Commission on completing proposed amendments to the Zoning Ordinance, the General Plan, and various Specific Plans with the intent of bringing a draft of these amendments to the City Council in Spring 2023.
Attachments:
· Map of Affordable Housing and Mixed Use Overlay Sites Authorized with the Passage of Measure Y
· Survey of Inclusionary Housing Programs in California Cities ChinoChino AveRiverside Dr Walnut AveSchaefer AveEdison AveKimball AveChino Hills Pkwy Riverside DrSchaefer Ave
Francis Ave
Edison AveRuben S Ayala ParkVillaParkHeritageParkLibertyParkMountainView ParkCypressTrails ParkWalnutPark-ShadyGroveParkMonteVista ParkMcleodPark ConstellationPark
10th StPark
Mixed Use and Affordable Housing Overlay Sites
Map Date: 12/20/2022Data Source: City of Chino GIS, 2022; San Bernardino County GIS, 2022; Dyett & Bhatia, 2022.0 0.55 1.10.275MilesHousing OverlayMixed Use OverlayAffordable Housing OverlayCity of ChinoSphere of InfluenceCountyParks ATTACHMENT 1INCLUSIONARY HOUSING PROGRAM SURVEYS - CALIFORNIAINCLUSIONARY HOUSING: FINANCIAL EVALUATIONCHINO, CALIFORNIAJurisdiction Compliance Options Set Aside %On-site % VariesThreshold Project Size % of AMICovnenant PeriodThreshold Project Size % of AMICovnenant PeriodI.Inclusionary Requirements: Both Rental and Ownership ProjectsAlbanyCreate on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee; donate land15% Yes 5 Perpetual 5 PerpetualAlhambraCreate on-site units; create off-site units; pay in-lieu fee; donate land15% No 79% @ 120% + 6% @ 80%79% at 120% + 6% at 80%Avalon Create on-site units; create off-site units; pay in-lieu fee 20% No 4Decided per project55 4Decided per project55BreaCreate on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee; donate land10% No 20 Not defined 55 20 120% 45CampbellCreate on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee; donate land15% No 106% @ VL + 9% @ Low55 10 120% 45CarlsbadCreate units; pay in-lieu fee. City Council may approve additional alternative fulfillment options.15% No 1 Low 55 1 Low 30Chula VistaCreate on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee; donate land. Excludes area west of I-805 identified as "Area of Low/Moderate Income Concentration".10% No 505% @ Low + 5% @ ModLife of Bldg 505% @ Low + 5% @ ModLife of BldgClaremontCreate on-site units; pay in-lieu fee for 5 and 6 unit projects and fractional unit obligations; donate land.15% No 55% Low + 10% ModPerpetual 55% Claremont Low + 10% Mod45Colma Create on-site units; pay in-lieu fee 20% No 55% @ VL + 5% @ Low + 10% @ mod55 5 45ConcordCreate on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee10% Yes 5 55 5 45Contra Costa CountyCreate on-site units; create off-site units; pay in-lieu fee; donate land. Program requirements are only applied in designated areas.15% No 53% @ VL + 12% @ Lower5 3Coronado Create units; pay in-lieu fee 20% No 2 Low 2 ModCupertino1-7 units pays in-lieu fee. Create on-site units; create off-site units; pay impact/linkage fee; donate land15% No 7 50% / 80% 99 7 50% /120% 99 Rental Development Ownership Development
Prepared by: Keyser Marston Associates, Inc.File name: 8 17 22 Inclusionary Survey; Incl SurveyPage 1 of 7 ATTACHMENT 1INCLUSIONARY HOUSING PROGRAM SURVEYS - CALIFORNIAINCLUSIONARY HOUSING: FINANCIAL EVALUATIONCHINO, CALIFORNIAJurisdiction Compliance Options Set Aside %On-site % VariesThreshold Project Size % of AMICovnenant PeriodThreshold Project Size % of AMICovnenant PeriodRental Development Ownership DevelopmentDavisCreate on-site units; preserve or rehab existing housing; pay in-lieu fee; donate land10% - 25% No 5-19 , 20+5-19: 15% @ 80% or 10% @ 50%. 20+: 25% @ 80% or 10% @ 50% Perpetual 5 120% PerpetualDowneyCreate on-site units; create off-site units; pay in-lieu fee in the case of extreme hardship for apartments11%/10% No Mod>55 or as long as residMod 45DublinCreate on-site units; create off-site units; pay in-lieu fee; donate land12.5% No 2050% @ 120% + 20% @ 80% + 30% @ 50%55 205% @ 80% + 7.5% @ 120%55Emeryville Create on-site units; pay impact/linkage fee 12%/20% No4% @ VL + 8% @ Low55 10 55EncinitasCreate on-site units; create off-site units; create ADU's; preserve at-risk units; pay in-lieu fee; donate land10%/15% No 710% @ VL or 15% @ LowPerpetual 710% VL or 15% @ LowPerpetualFremontHas a production option, but the in-lieu fee option is more cost effective15% No 2 10% @ Low 25% @ Mod + 10% @ LowFort BraggCreate on-site units10% to 20% 580% / 120%5100% /120%15HaywardCreate on-site units; create off-site units; pay in-lieu fee; pay impact/linkage fee; donate land6% / 7.5% - 10%No 23% @ 50% + 3% @ 60%55 2 110% 45Huntington BeachCreate on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee10% No 3 80% 55 3 120% 45IrvineProjects with fewer than 50 units can create on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee; donate land. Projects with 50+ units must produce the affordable units on site.15% No 50 50%, 80% & 120% Defined credits30 50 50%, 80% & 120% Defined credits30La HabraCreate on-site units; create off-site units; pay in-lieu fee; acquisition/rehabilitation.15% No 10 9% @ Mod + 6% @ VL & Low55 10 110% 45Long Beach Create on-site units; pay in-lieu fee; donate land 11%/10% No 10 50%>55 or as long as resid10 110%>55 or as long as residLos AltosCreate on-site units; create off-site units. Program requirements are only imposed in designated areas.Rental: 5-9 @ 15% & 10+ @ 30%. Ownership @ 15%No 55-9: 15% @ Mod, 10+: 5% @ Low + 15% @ Mod30 107.5% @ Mod, 7.5% @ Low30Prepared by: Keyser Marston Associates, Inc.File name: 8 17 22 Inclusionary Survey; Incl SurveyPage 2 of 7 ATTACHMENT 1INCLUSIONARY HOUSING PROGRAM SURVEYS - CALIFORNIAINCLUSIONARY HOUSING: FINANCIAL EVALUATIONCHINO, CALIFORNIAJurisdiction Compliance Options Set Aside %On-site % VariesThreshold Project Size % of AMICovnenant PeriodThreshold Project Size % of AMICovnenant PeriodRental Development Ownership DevelopmentMenlo Park Create on-site units; create off-site units; pay in-lieu fee 10% Yes 5 80% /120% 5 80% /120%Mill ValleyCreate on-site units25%Yes4120%Perpetual4120%PerpetualNevada CountyCreate on-site units; create off-site units Program requirements are only applied in designated areas.No 20 30 20 30OceansideCreate on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee; donate land; purchase credits from another project.10% No 3 Low (80%) 55 3 Mod (120%) 55OxnardCreate on-site units; create off-site units; pay in-lieu fee in limited circumstances10% No 105% @ VL + 5% Low55 10 Low 20PacificaCreate on-site units; create off-site units; pay in-lieu fee; donate land15% No 86% @ VL + 4.5% @ Low + 4.5% @ Mod55 8 45Palo AltoCreate on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee20% Yes 55% @ 35% + 10% @ 50% + 5% @ 60%59 510% @ 80% + 10% @ 120%59PasadenaCreate on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee; donate land20% No 15% @ 50% + 5% @ 80% + 10% @ 120%Perpetual 1 110% 45Petaluma Create on-site units; pay in-lieu fee; donate land 15% No 57.5% @ VL; 7.5% @ Low45 57.5% @ Low + 7.5% @ Mod55PleasantonCreate on-site units; create off-site units; pay in-lieu fee; donate land; credit transfers; other alternate methods of compliance15% Yes 15 50% to 80% 15 50% to 120% PerpetualPomonaCreate on-site units; create off-site units; pay in-lieu fee; donate land13% / 7%-11%Yes 3 120% Perpetual 3 120% 45Redondo BeachCreate on-site units; create off-site units; pay in-lieu fee up to nine units. Fractional unit obligations are rounded down10%-15% / 9%-15% Yes 2 Moderate>75 or as long as resid2 Moderate 55Redwood CityCreate on-site units; create off-site units; preserve or rehab units; pay impact/linkage fee; donate land20% / 15% No 2010% @ Mod + 5% @ Low + 5% @ VL30 5 Moderate 30Sacramento CountyHas a production option, but the in-lieu fee option is more cost effective10% No 1 80% 1 80%San BrunoCreate on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee; donate land15% No 106% VL + 4.5% Low + 4.5% Mod55 10 6% Low + 9% Mod 45Prepared by: Keyser Marston Associates, Inc.File name: 8 17 22 Inclusionary Survey; Incl SurveyPage 3 of 7 ATTACHMENT 1INCLUSIONARY HOUSING PROGRAM SURVEYS - CALIFORNIAINCLUSIONARY HOUSING: FINANCIAL EVALUATIONCHINO, CALIFORNIAJurisdiction Compliance Options Set Aside %On-site % VariesThreshold Project Size % of AMICovnenant PeriodThreshold Project Size % of AMICovnenant PeriodRental Development Ownership DevelopmentSan DiegoCreate on-site units; create off-site units; rehabilitate existing units, SRO hotel rooms, or conversion of guest rooms; pay in-lieu fee; donate land. The amended requirements were approved in 2020 and are being phased in over five years.10% to 15% No 10 10% @ 60% 55 1010% @ 100% or 15% 120%15San FranciscoCreate on-site units; create off-site units; pay in-lieu fee. Ful schedule goes into effect in 2023 for rental and 2025 for ownership.15% to 20% / 15% to 26%Yes 10 55% to 110% 10 80% to 130%San JoseCreate on-site units; create off-site units; preserve or rehab units; in-lieu fee; donate land; credit transfers; reduction for deeper affordability15% Yes 105% @50% + 5% @ 60% + 5% @ 100%Perpetual 10 120% PerpetualSan Juan CapistranoCreate on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee; donate land10% No 2 55 2 55SLO CountyMultiple subareas and requirements. Create on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee; donate land15% Yes1, 2 or 11 depending on subareaCoastal: 15% at Low or 15% at Mod551, 2 or 11 depending on subareaCoastal A: 5% VL + 5% Low + 5% Mod + 5% 120-150%. Coastal: 15% Low. Inland: 2% VL + 2% Low + 2% Mod + 2% 120-150%.Coastal: 45 Inland: PerpetuitySan Mateo County Create on-site units, pay in-lieu fee 20% Yes 510% @ ELI + 10% @ LowLife of Bldg 1110% @ Low + 10% @ Mod45San RafaelCreate on-site units; pay in-lieu fee10%No22120%Santa AnaOnly applies to changes in land use and zoning designations. Create on-site units; off-site units; substantially rehab existing units; pay in-lieu feeRental: 5% - 15% & Own: 5%No 515% @ Low or 10% @ VL or 5% @ ELI or 5% Low + 3% VL +2% ELI55 5 120% 55Santa Barbara (City)Create on-site units; create off-site units; pay in-lieu fee for 1 to 9 & fractional units; donate land10% / 15% No 5 Mod 90 1 120% to 200%90 / restarts on each resalePrepared by: Keyser Marston Associates, Inc.File name: 8 17 22 Inclusionary Survey; Incl SurveyPage 4 of 7 ATTACHMENT 1INCLUSIONARY HOUSING PROGRAM SURVEYS - CALIFORNIAINCLUSIONARY HOUSING: FINANCIAL EVALUATIONCHINO, CALIFORNIAJurisdiction Compliance Options Set Aside %On-site % VariesThreshold Project Size % of AMICovnenant PeriodThreshold Project Size % of AMICovnenant PeriodRental Development Ownership DevelopmentSanta CruzCreate on-site units; create off-site units; pay in-lieu fee; donate land15% Yes 2 80% Perpetual 2 120% PerpetualSanta MonicaCreate on-site units; create off-site units; pay in-lieu fee; donate land5% to 30% Yes 250%, 80% & 120% Defined credits55 250%, 80% & 120% Defined credits55Santa Paula Create on-site units; create off-site units; pay in-lieu fee 10% to 17% Yes 1015% Low or 10% VL55 10 45Santa RosaHas a production option, but the in-lieu fee option is more cost effective5% to 8% / 10%No 15% @ 50% or 8% @ 60%2 110%SonomaCreate on-site units20%Yes5120%555120%55Sonoma CountyCreate on-site units; create off-site units; pay in-lieu fee; donate land10% or 15% / 20%Yes 17.5% @ VL + 7.5% @ Low, or 5% @ ELI + 5% @ VL55 110% @ Low + 10% @ Mod30South San FranciscoCreate on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee20% No 4 55 4 55SunnyvaleCreate on-site units; create off-site units; pay in-lieu fee; donate land, unit conversion, other proposals15.0% No 75% @ 50% + 10% @ 60%55 7 100% 30Tiburon Create on-site units; create off-site units; pay in-lieu fee 15% 35% @ Low + 10% @ ModPerpetual 35% @ Low + 10% @ ModPerpetualUnion City Create on-site units; create off-site units; pay in-lieu fee 15% No 74.5% @ VL + 10.5% @ Low71.5% @ Low + 4.5% @ 100% + 9% @ 120% West SacramentoCreate on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee; donate land10% No 55% @ 50% + 5% @ 60%55 5 70% 45West HollywoodCreate on-site units; create off-site units; pay in-lieu fee for 2-10 unit projects20% No 2 Low / ModAs long as resid2 Low / ModAs long as residPrepared by: Keyser Marston Associates, Inc.File name: 8 17 22 Inclusionary Survey; Incl SurveyPage 5 of 7 ATTACHMENT 1INCLUSIONARY HOUSING PROGRAM SURVEYS - CALIFORNIAINCLUSIONARY HOUSING: FINANCIAL EVALUATIONCHINO, CALIFORNIAJurisdiction Compliance Options Set Aside %On-site % VariesThreshold Project Size % of AMICovnenant PeriodThreshold Project Size % of AMICovnenant PeriodRental Development Ownership DevelopmentII.Inclusionary Requirements: Ownership Projects OnlyAlameda Create on-site units; create off-site units; pay in-lieu fee 15% No 54% @ VL + 4% @ Low + 7% @ Mod59CarpinteriaCreate on-site units; pay in-lieu fee in limited circumstances12%No5200%30DanvilleCreate on-site units; pay in-lieu fee10%Yes7110%20FolsomCreate on-site units; create off-site units; pay in-lieu fee; donate land; acq/rehab; other proposals10% No 103% @ VL + 7% @ LowLafayette Create on-site units; create off-site units 15% No 29% @ Mod + 6% @ VL45MontereyCreate on-site units; donate land20%No6PerpetualMountain View Create on-site units; pay in-lieu fee 15% No 3 100% 55Rohnert ParkCreate on-site units; create off-site units; pay in-lieu fee15%No5055San ClementeCreate on-site units; create off-site units; pay in-lieu fee; donate land; or a combination recommended by the Community Development Director.4% No 6 50%San Leandro Create on-site units; pay in-lieu fee 15% Yes 29% @ Mod + 6% @ Low55San Mateo CountyCreate on-site units; create off-site units; pay in-lieu fee; donate land20% No 510% @ Low + 10% @ Mod555-19: 1 Mod. 20+: South Coast: 2.5% VL + 2.5% Low + 5% Mod + 5% Workforce45 - restarts up to 90 Santa Ynez: No WorkforceSanta Maria & Lompoc: 2.5% VL + 2.5 LowThousand OaksCreate on-site units; create off-site rental units; pay in-lieu fee10% No 5 Mod 45Santa Barbara CountyCreate on-site units; create off-site units in the coastal zone; pay in-lieu fee for certain unit types5% - 15% Yes 5Prepared by: Keyser Marston Associates, Inc.File name: 8 17 22 Inclusionary Survey; Incl SurveyPage 6 of 7 ATTACHMENT 1INCLUSIONARY HOUSING PROGRAM SURVEYS - CALIFORNIAINCLUSIONARY HOUSING: FINANCIAL EVALUATIONCHINO, CALIFORNIAJurisdiction Compliance Options Set Aside %On-site % VariesThreshold Project Size % of AMICovnenant PeriodThreshold Project Size % of AMICovnenant PeriodRental Development Ownership DevelopmentIII.Inclusionary for Ownership Projects & Impact Fee for Rental ProjectsBerkeley Create on-site units; pay in-lieu fee 20% No 510% @ 80% + 10% @ 50% PerpetualCapitolaCreate on-site units; create off-site units; pay in-lieu fee; donate land15% Yes 7 100% Life of BldgSan CarlosCreate on-site units; create off-site units; pay impact/linkage fee15% Yes 210% @ Mod + 5% @ Low45TruckeeCreate on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee; pay impact/linkage fee; donate land. Requirements vary by zones, neighborhoods or districts.15% No 7 7 PerpetualIV.Mandatory Inclusionary for Ownership Projects & Voluntary Inclusionary for Rental ProjectsPittsburg Create on-site units; pay in-lieu fee 15%/20% Yes 59% @ Mod + 6% @ Low, or 20% @ ModSalinasCreate on-site units; create off-site units; donate land20%No1030San Juan BautistaCreate on-site units; pay impact/linkage fee6% 680%San Luis ObispoCreate on-site units; pay in-lieu fee; donate land3%Yes55545San MarcosCreate on-site units; create off-site units; preserve or rehab existing housing; pay in-lieu fee; donate land15% No 55 120% 55Solana BeachCreate on-site units; create off-site units; preserve or rehab existing housing; pay impact/linkage fee15% No 5 55 5 45V.Rental Projects OnlyGlendaleCreate on-site units; create off-site units; pay in-lieu fee; donate land15% No 8 60% 55Prepared by: Keyser Marston Associates, Inc.File name: 8 17 22 Inclusionary Survey; Incl SurveyPage 7 of 7
Revenue: Expenditure:
Transfer In: Transfer Out:
M E M O R A N D U M
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
COUNCIL MEETING DATE: JANUARY 17, 2023
TO: LINDA REICH, CITY MANAGER
FROM: NICHOLAS S. LIGUORI, AICP, DEVELOPMENT SERVICES DIRECTOR
SUBJECT: CITY CODE ENFORCEMENT PROCESS AND PROCEDURES.
RECOMMENDATION
Receive and file a report with a status update on staffing, statistics, and policy and procedures in the Code Enforcement Division, as well as to provide updates and education to the community about code enforcement processes, goals and cases.
FISCAL IMPACT
The cost to enforce the codes and provide staff training has been included in the annual Code Enforcement Division budget for Fiscal Year 2022-2023. No other fiscal impacts are anticipated.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC:
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
· Positive City Image
COUNCIL MEETING DATE: JANUARY 17, 2023
SUBJECT: CITY CODE ENFORCEMENT PROCESS AND PROCEDURES
PAGE 2
BACKGROUND
At a City Council Workshop on November 2, 2021, staff presented a status update on the current staffing, procedures, and activity in the Code Enforcement Division. During the Workshop staff explained the code enforcement process and provided an explanation of different types of code violations that are commonly observed in the City. As the City continues to increase in population, recommendations on staffing options to maintain or increase the current enforcement activity were presented to the City Council. The City Council gave staff direction on providing additional staffing to meet increased service demands, which was approved at the November 16, 2021 Council Meeting.
ISSUES/ANALYSIS
Staff has followed through with the recommendations received from the City Council on the November 16, 2021 meeting. During today's Workshop for the City Council and community, Staff will provide an update on current code enforcement positions and statistics, and will provide updates and education to the community about code enforcement processes, goals and cases, and will be available to respond to input and questions from the Council.