Robert Dalquest, Director
process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.
Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory.
Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community- development/housing-element/index.shtml for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance. Upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to [email protected].
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and
http://opr.ca.gov/docs/Final_6.26.15.pdf .
HCD appreciates the hard work and dedication the City’s housing element team provided during the review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Reid Miller, of our staff, at [email protected].
Sincerely,
Senior Program Manager
Enclosure
Paul McDougall
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APPENDIX
CITY OF UPLAND
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml .
Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
General: While the element includes some information on the progress in implementation from the previous element, it must evaluate the effectiveness of programs and reflect the results in the current element. Table A1 provides the “Status of Program Implementation” for each program in the 2013-2021 Housing element, but it does not provide adequate analysis of the effectiveness of each activity, what was learned from implementing the program in the previous element, and how that knowledge has been incorporated to either continue, modify, or discontinue the program in the current housing element cycle. Table A1 should also specifically name which programs will be continued in the 6th cycle housing element.
Special Needs Populations: As part of the review of programs in the past cycle, the element must provide cumulative evaluation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female headed households, farmworkers and persons experiencing homelessness).
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
The element provides a general overview of Affirmatively Furthering Fair Housing (AFFH), beginning on page H-22, including general information on outreach. However, it generally does not address this requirement. The element, among other things, must include outreach, an assessment of fair housing, analysis of the sites inventory, identification, and prioritization of contributing factors to fair housing issues and goals and actions sufficient to overcome patterns of segregation and foster inclusive communities free from barriers
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that restrict access to opportunity. For further guidance, please visit HCD’s AFFH in California webpage at https://www.hcd.ca.gov/community-development/affh/index.shtml .
2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income (ELI) households. (Gov. Code, § 65583, subd. (a)(1).)
Employment Trends: While the City does provide some analysis of employment trends on Page H-6, it should also provide an analysis of the largest employers in the City as well as the City’s unemployment rate.
3. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)
Overpayment: While the element identifies the total number of overpaying households, it must quantify and analyze the number of overpaying households by tenure (i.e., renter and owner), including lower-income households.
Housing Conditions: The element identifies the age of the housing stock (p. H-19).
However, it must include analysis of the condition of the existing housing stock and estimate the number of units in need of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable builders/developers, including non-profit housing developers or organizations.
Average Rental Costs: While the element provides some information as to housing costs on page H-12, it does not include the average rental cost in the City. This number must be included to complete the housing needs assessment.
Vacancy Rates: While the element identifies the total percentage for the overall vacancy rate in the City (p. H-8), it must quantify and analyze the vacancy rate by tenure (i.e., renter and owner).
4. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov.
Code, § 65583, subd. (a)(3).)
The City has a regional housing need allocation (RHNA) of 5,686 housing units, of which 2,543 are for lower-income households. To address this need, the element relies on vacant sites, underutilized sites, as well as sites to be upzoned and rezoned. To demonstrate the adequacy of these sites and strategies to accommodate the City’s RHNA, the element must include complete analyses:
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Progress in Meeting the RHNA: The City’s RHNA may be reduced by the number of new units built since July 1, 2021. The element indicates (p. H-48 and H-71) 921 approved units toward the RHNA but must also demonstrate the affordability of the units.
Specifically, the element must assign these units to the various income groups based on actual or anticipated sales price or rent level of the units or other mechanisms ensuring affordability (e.g., deed-restrictions) and demonstrate their availability in the planning period. Additionally, the element must list the current status and estimated completion date of the approved projects listed in the sites inventory.
Sites Inventory: The element lists parcels by various factors such as size, zoning, general plan designation and existing use. However, the description of existing use must include sufficient detail to facilitate an analysis of the potential for additional development on nonvacant sites. For example, many sites that are listed as “vacant” and candidate sites for rezoning have existing uses (e.g., Site 90 has an existing use of “well site”, Site 93 has a parcel with an existing use of “storage yard”, and some sites list an existing use as “flood control”), but those uses are not sufficiently described nor analyzed to demonstrate additional development potential in the planning period.
In addition, for sites that are candidates for upzoning and rezoning, the inventory should also list both the current and proposed general plan and zoning designations. The element must also include realistic capacity by parcel, include general plan and zoning designations for all parcels.
Realistic Capacity: While the element (p. H-48) mentions an assumption of 80 percent of maximum allowable densities to calculate residential capacity on identified sites, it must also provide support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions.
The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.
The element also needs to analyze the likelihood that the identified units will be developed as noted in the inventory in zones that allow 100 percent nonresidential uses (e.g., mixed-use). This analysis should consider the likelihood of nonresidential development, performance standards, and development trends supporting residential development. The analysis should include examples of recent developments with similar capacities to support the assumptions in the inventory for both vacant and nonvacant sites.
Nonvacant Sites: The element identifies nonvacant sites to accommodate the regional housing need for lower-income households, but does not describe the methodology used to determine the additional development potential within the planning period. The methodology must consider factors including the extent to which existing uses may impede additional residential development, development trends, market conditions, any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, and regulatory or other incentives or standards to encourage additional residential development on these sites. (Gov. Code, § 65583.2, subd. (g).) For sites with residential uses, the inventory could also
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describe structural conditions or other circumstances and trends demonstrating the redevelopment potential to more intense residential uses. For nonresidential sites, the inventory could also describe whether the use is operating, marginal or discontinued, and the condition of the structure or could describe any expressed interest in redevelopment.
In addition, if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households, the housing element must demonstrate that the existing use is not an impediment to additional residential development in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) This can be demonstrated by providing substantial evidence that the existing use is likely to be discontinued during the planning period. (Gov. Code, § 65583.2, subd. (g)(2).)
Sites Identified in Prior Planning Periods: Sites identified in prior planning periods shall not be deemed adequate to accommodate the housing needs for lower-income households unless a program, meeting statutory requirements, requires rezoning within three years.
The element should clarify if sites were identified in prior planning periods and if so, which sites and include a program if utilizing previously identified sites in the current planning period. For more information on program requirements, please see HCD’s Housing Element Sites Inventory Guidebook at https://www.hcd.ca.gov/community- development/housing-element/housing-element-memos.shtml.
Small Sites: The element identifies several sites consisting of aggregated small parcels with less than 50 units per site capacity. The element must describe whether these aggregated parcels are expected to develop individually or consolidated with the other small parcels. For parcels anticipated to be consolidated, the element must demonstrate the potential for lot consolidation. For example, analysis describing the City’s role or track record in facilitating small-lot consolidation, policies or incentives offered or proposed to encourage and facilitate lot consolidation, conditions rendering parcels suitable and ready for redevelopment, recent trends of lot consolidation, and information on the owners of each aggregated site. For parcels anticipated to develop individually, the element must describe existing and proposed policies or incentives the City will offer to facilitate development of small sites. Please be aware sites smaller than a half-acre in size are deemed inadequate to accommodate housing for lower-income housing unless it is demonstrated that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower-income housing units as projected for the site or unless the housing element describes other evidence to HCD that the site is adequate to accommodate lower-income housing. (Gov. Code, § 65583.2, subd. (c)(2)(A).)
Replacement Housing Requirements: If the sites inventory identifies sites with existing residential uses, it must identify whether the current residential uses are affordable to lower-income households or describe whether the additional residential development on the site requires the demolition of the existing residential use. For nonvacant sites with existing, vacated, or demolished residential uses and occupied by, or subject to an affordability requirement for, lower-income households within the last five years there must be a replacement housing program for units affordable to lower-income households. (Gov.
Code, § 65583.2, subd. (g)(3).) Absent a replacement housing program, these sites are not adequate sites to accommodate lower-income households. The replacement housing
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program has the same requirements as set forth in Government Code section 65915, subdivision (c)(3). The housing element must be revised to include such analysis and a program, if necessary.
Infrastructure: While the element describes water and sewer infrastructure, it must also demonstrate sufficient existing or planned dry utilities supply capacity, including the availability and access to distribution facilities to accommodate the City’s regional housing need for the planning period. (Gov. Code, § 65583.2, subd. (b).)
Environmental Constraints: While the element generally describes a few environmental conditions within the City (Table H-46), it must describe how these conditions relate to identified sites including any known environmental constraints within the City that could impact housing development in the planning period. (Gov. Code, § 65583.2, subd. (b).) Specifically, the City should analyze the appropriateness and additional costs of producing housing in Very High Fire Hazard Severity zones and areas prone to earthquakes and other geological hazards, and whether these additional constitute a constraint on the City’s ability to meet their RHNA.
Accessory Dwelling Units (ADUs): The element projects 240 ADUs over the planning period or approximately 30 ADUs per year over the eight-year planning period. The element also notes permitting 5 ADUs in 2018, 19 in 2019 and 24 in 2020. These trends are inconsistent with HCD records (nothing reported in 2018, 14 in 2019 and 41 in 2020) and do not support an assumption of 18 ADUs per year. To support assumptions for ADUs in the planning period, the element should reduce the number of ADUs assumed per year and reconcile trends with HCD records, including additional information such as more recent permitted units and inquiries, resources and incentives, other relevant factors and modify policies and programs as appropriate. Further, programs should commit to additional incentives and strategies, frequent monitoring (every other year) and specific commitment to adopt alternative measures such as rezoning or amending the element within a specific time (e.g., 6 months) if ADU assumptions for the number of units and affordability are not met.
Zoning for a Variety of Housing Types:
• Accessory Dwelling Units: After a cursory review of the City’s ordinance, HCD discovered a few areas in which were not consistent with State ADU Law. HCD will provide a complete listing of ADU non-compliance issues under a separate cover. As a result, the element should add a program to update the City’s ADU ordinance in order to comply with state law. For more information, please consult HCD’s ADU Guidebook, published in December 2020, which provides detailed information on new state requirements surrounding ADU development.
• Transitional and Supportive Housing: The element mentions (p. H-36) transitional housing and supportive housing briefly. However, the section of the element only states the state law. Transitional housing and supportive housing must be permitted as a residential use in all zones allowing residential uses and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).) The element must describe and analyze the City’s transitional and supportive
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housing standards and codes and demonstrate consistency with Government Code section 65583, subdivision (a)(5) or add or revise programs which comply with the statutory requirements.
• Emergency Shelters: The element should describe the development standards of the zone that allows emergency shelters without a conditional use permit or other discretionary action and should also describe the characteristics and suitability of the zone(s) for emergency shelters which may include proximity to transportation and services, hazardous conditions, and any conditions in appropriate for human habitability. In addition, the element should describe how emergency shelter parking requirements are in line with AB139/Government Code section 65583, subdivision (a)(4)(A) or include a program to comply with this requirement.
• Housing for Agricultural Employees: The element must demonstrate zoning is consistent with the Employee Housing Act (Health and Safety Code, § 17000 et seq.), specifically, sections 17021.5 and 17021.6. Section 17021.5 requires employee housing for six or fewer employees to be treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone. Section 17021.6 requires employee housing consisting of no more than 12 units or 36 beds to be permitted in the same manner as other agricultural uses in the same zone. For additional information and sample analysis, see the Building Blocks at http://www.hcd.ca.gov/community- development/building-blocks/housing-needs/farmworkers.shtml.
5. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures… (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: While the element describes most land use controls; the element must analyze all relevant land use controls impacts as potential constraints on a variety of housing types. The analysis should analyze land use controls independently and cumulatively with other land use controls. The analysis should specifically address parking requirements for multifamily development, particularly smaller bedroom types for impacts on cost, supply, housing choice and affordability and include programs to address identified constraints. For example, the City should analyze whether it is a constraint to require a two-car garage per unit for multifamily projects (studio, one-, and two-bedroom units), including infill projects and add a program as appropriate. In addition, parking for residential care must be the same as other residential uses in the same zone.
In addition, the element must include development standards for all zones that are included in the sites inventory. Currently, there are sites identified in the element with “Citrus Transp.” And “Old Town” as zoning designations, but those zoning designations are not included in the analysis of building and development standards. The element must also clarify whether standalone residential is allowed in mixed-use zones or if it must be paired with commercial development.
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Local Processing and Permitting Procedures: While the element provides a description (pg. 42-43) of permits required for housing developments, it must describe and analyze the permitting process, identify what is reviewed, typical findings and approval procedures by zone and housing type. The analysis must evaluate the processing and permit procedures’ impacts as potential constraints on housing supply and affordability (including a conditional use permit and design review). For example, the analysis should consider processing and approval procedures and time for typical single family and multifamily developments, including type of permit, level of review, approval findings and any discretionary approval procedures.
Specifically, based on the permitted uses in zones allowing residential uses in Table H-12, it appears that multifamily housing is not allowed as a permitted use without a administrative use permit (AUP) or conditional use permit (CUP) anywhere in the City. If this is not true, Table H-12 should be modified to ensure that it accurately reflects permitted residential uses throughout the City. In addition, the element must analyze the AUP process and the requirement that all projects larger than 15 units apply for a CUP, which requires a public hearing as a constraint on housing supply and affordability. The analysis should identify findings of approval for the use permits and their potential impact on development approval certainty, timing, and cost. The City should add a program to revise this process to remove or mitigate.
Design Review: The element must describe and analyze the design review process, including approval procedures and decision-making criteria, for their impact as potential constraints on housing supply and affordability. For example, the analysis could describe required findings and discuss whether objective standards and guidelines improve development certainty and mitigate cost impacts. The element must demonstrate this process is not a constraint or it must include a program to address this permitting requirement, as appropriate.
Fees: While the element includes Table H-9 describing some planning and development impact fees, the element must describe all required fees for single family and multifamily housing development, including but not limited to impact fees, general plan amendments, variances, zoning changes, design review, specific plans, and analyze their impact as potential constraints on housing supply and affordability. In addition, the analysis could identify the total amount of fees and their proportion to the development costs for both single family and multifamily housing.
Zoning, Development Standards and Fees: The element must clarify compliance with new transparency requirements for posting all zoning, development standards and fees on the City’s website and add a program to address these requirements, if necessary.
Other Local Ordinances: The element must analyze any locally adopted ordinances that directly impacts the cost and supply or residential development (e.g., inclusionary requirements, short term rentals, growth controls).
Streamlining Provisions: The element should clarify whether the City has procedures consistent with streamlining procedures pursuant to Government Code section 65913.4 and include programs as appropriate.
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Definition of a Family: The element defines a family on page H-36. The current definition is a constraint, and the element must include a program to revise the definition to remove the characteristic of having to “chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease”. Requiring a single written lease can be a constraint to shared housing and other types of living arrangements for persons with disabilities.
Housing for Persons with Disabilities: The element excludes group homes for seven or more persons from some residential zones and subjects the use to a conditional use permit, unlike other similar uses. The element should specifically analyze these constraints for impacts on housing supply and choices and approval certainty and objectivity for housing for persons with disabilities and include programs as appropriate. The element must include a program to review and revise procedural requirements to permit group homes for seven or more persons in all zones allowing residential uses based on objective criteria to facilitate approval certainty by a specified date. In addition, residential care facilities for six or fewer residents must be allowed in all zones that allow residential uses, not only residential zones.
6. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584… (Gov. Code, § 65583, subd. (a)(6).)
Availability of Financing: The element includes some general discussion of land prices, construction costs and availability of financing, but availability of financing should include financing for residents in addition to financing for developers.
Developed Densities and Permit Times: The element must include analysis of requests to develop housing at densities below those anticipated, and the length of time between receiving approval for a housing development and submittal of an application for building permits that potentially hinder the construction of a locality’s share of the regional housing need.
7. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
Special Housing Needs: While the element includes the number of large families and female headed households, it must also analyze their special housing needs. For a complete analysis of each population group, the element should discuss challenges faced by the population, the existing resources to meet those needs (availability senior housing units, number of large units, number of deed restricted units, etc.,), an assessment of any
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gaps in resources, and proposed policies, programs, and funding to help address those gaps. In addition, the analysis should quantify the number of farmworkers in the City (USDA agricultural census) and must also provide an analysis of housing needs for farmworkers.
8. Analyze existing assisted housing developments that are eligible to change to non- low- income housing uses during the next ten years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd.(a)(9) through 65583(a)(9)(D).
The element identifies properties at-risk of conversion to market-rate during the planning period (p. H-21 & 22). While the element includes some of the required analysis, it is lacking required information. For example, the element must provide information on how it determined the risk of units converting to market-rate. It should include outreach to owners of the affordable properties to determine interest in renewing the affordable covenants.
The element should also identify specific funding sources that could be used to preserve the affordability. The element must also identify qualified entities that would be able to acquire and manage the affordable properties at risk of converting to market-rate. It should also clarify whether sites that have “perpetual” dates of affordable covenant expiration are at risk of conversion in this planning period, and if so, these properties must be included in the at-risk analysis.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov.
Code, § 65583, subd. (c).)
To have a beneficial impact in the planning period and address the goals of the housing element, all programs must be revised with discrete timelines (i.e., month and year), specific commitment, and descriptions on how the program will be implemented. For example, programs to be revised with specific timelines include, but are not limited to Programs 6 (Specific Plans), Program 9 (Water Priority System), Program 10 (Neighborhood Improvements), Program 13 (Housing Incentives), Program 14 (Mobile Home Rent Stabilization), Program 15 (Housing at Risk of Conversion), and Program 17 (Administrative Capacity). Programs to be revised with specific commitment include but are not limited to:
• Program 1 (Code Enforcement): The program should be revised to reference a referral system to Program 2 (HOME Improvement) for lower-income households in need of funds for home repair work.
• Program 2 (HOME Improvement): The program should be revised to include what
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methods and how often proactive outreach will occur to inform residents about its services.
• Program 3 (Emergency Repairs for Homeowners): The program should also be revised to include what methods and how often proactive outreach will occur to inform residents of the City about this program.
• Program 4 (Rental Acquisition and Rehabilitation): This program should commit to proactively reaching out to property owners and tenants eligible for the program. • Program 13 (Housing Incentives): This program should clarify if the City’s density bonus ordinance is up to date with recent changes in State law. If the City’s density bonus ordinance needs to be updated, the program should be revised and include a specific date as to when the update will occur. In addition, the program should outline the requirements and process of the “lot consolidation efforts” it mentions.
This program should commit to proactive outreach, as well as listing explicit incentives given to encourage potential developers to take advantage of them. • Program 17 (Administrative Capacity): This program requires a more detailed plan of implementation, along with a more specific timeframe for when this program is going to be carried out.
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B4, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:
The element describes a shortfall of sites and indicates rezoning will occur to accommodate the RHNA. While the element includes Program 5 (Adequate Sites to Accommodate Regional Housing Needs, it must specifically commit to acreage, allowable densities, and anticipated units. In addition, if necessary, to accommodate the housing needs of lower- income households, the program should specifically commit to rezoning pursuant to Government Code section 65583.2, subdivisions (h) and (i). Specifically, the Program must commit to:
• permit owner-occupied and rental multifamily uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households. By-right means local government review must not require a CUP, planned unit development permit, or other discretionary review or approval;
• accommodate a minimum of 16 units per site;
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• require a minimum density of 20 units per acre; and
• at least 50 percent of the lower-income need must be accommodated on sites designated for residential use only or on sites zoned for mixed uses that accommodate all the very low and low-income housing need, if those sites:
o allow 100 percent residential use, and
o require residential use occupy 50 percent of the total floor area of a mixed-use project.
Also noted in Finding B4, Program 16 (Homelessness Services and Facilities) should be revised to amend the zoning code to allow transitional and supportive housing to be permitted as a residential use in all zones allowing residential uses and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).)
Finally, As noted in Finding B4, the element must add or modify programs based on the outcomes of a complete analysis to address the suitability of small sites towards the RHNA for lower-income households.
3. The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).)
The element must include a program(s) with specific actions and timelines to assist in the development of housing for extremely low-income households. The program(s) could commit the City to adopting priority processing, granting fee waivers or deferrals, modifying development standards, granting concessions and incentives for housing developments that include units affordable to extremely low-income households; assisting, supporting or pursuing funding applications; and outreach and coordination with affordable housing developers.
4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.
The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Finding B5 and B6, the element requires a complete analysis of potential governmental and non-governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
In addition, the City must add a program to ensure that group homes serving both six or fewer and seven or more persons are not unduly constrained and to ensure zoning permits group homes objectively with approval certainty, as mentioned in Finding B4.
Additionally, Program 18 (Housing for People with Disabilities) should be revised to include all special needs groups and include a specific timeline as to when the reasonable accommodation process zoning code update will be completed. Since this program is a carryover program from the past cycle, the zoning code update should be completed within the first year of the planning period.
5. Promote Affirmatively Furthering Fair Housing opportunities and promote housing
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throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include a complete assessment of fair housing.
Based on the outcomes of that analysis, the element must add or modify programs. While the element include Program 19 (Fair Housing Program) Goals and actions must create meaningful impact to overcome contributing factors to fair housing issues and actions must have specific metrics and milestones. In addition, the program should be updated to commit to implementing all community development and housing programs in a manner that AFFH pursuant to Government Code section 8899.50.
In addition, currently the element only addresses AFFH in Program 19. The element could revise other program actions to address the City’s obligation to AFFH including how programs address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection. The programs should also include metrics and milestones for evaluating progress on programs, actions, and fair housing results.
6. Develop a plan that incentivizes and promotes the creation of ADUs that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units (ADUs)” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2. (Gov. Code, § 65583, subd. (c)(7).)
Program 8 (Accessory Dwelling Units) must be expanded to include incentives to promote the creation and affordability of ADUs. Examples include exploring and pursuing funding, modifying development standards, and reducing fees beyond state law, increasing awareness, and homeowner/applicant assistance tools. In addition, given the City’s assumptions for ADUs exceed recent trends, the element should include a program to monitor permitted ADUs and affordability every other year and take appropriate action such as adjusting assumptions or rezoning within a specified time period (e.g., 6 months).
7. The housing program shall preserve for low-income household the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. (Gov. Code, § 65583, subd. (c)(6).)
Program 15 (Housing at Risk of Conversion): This program should commit to proactive outreach to affected owners and entities qualified to purchase and manage such sites. It should also incorporate the requirements of State preservation notice law (Government Code section 65863,10, 65863.11, and 65863.13) to inform the property owners of their responsibilities to tenants beginning three years before the property’s potential conversion to market-rate.
Review of the City of Upland 6th Cycle Draft Housing Element Page 13 November 22, 2021
D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
The element provides a summary of quantified objectives on pg. H-64. However, it should be noted that the number of preservation units should be based on the number of affordable units expected to be preserved in the planning period, not the total count of affordable units in the City. This will need to be corrected so that the number of preserved units is reflected accurately.
E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(8).)
While the element includes a general summary of the public participation process, it must also demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element. The element should be revised to discuss outreach to lower-income and special needs groups during the public participation efforts, and participation in community workshops, and if translation services were provided. In addition, the element should also summarize the public comments and describe how they were considered and incorporated into the element. Further, the element should describe additional methods for public outreach efforts in the future, particularly to include lower-income and special needs households and neighborhoods with higher concentrations of lower-income households. The City must also confirm that the element was available for public comment prior to submitting the draft to HCD for review. For additional information, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/getting- started/public-participation.shtml.
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
May 23, 2022
Robert Dalquest, Director
Development Services Department
City of Upland
460 N. Euclid Ave
Upland, CA 91786
Dear Robert Dalquest:
RE: City of Upland’s 6th Cycle (2021-2029) Revised Draft Housing Element
Thank you for submitting the City of Upland’s (City) revised draft housing element received for review on March 24, 2022. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review.
The revised draft element addresses some statutory requirements described in HCD’s November 22, 2021 review; however, additional revisions are necessary to fully comply with State Housing Element Law (Article 10.6 of the Gov. Code) See enclosed Appendix.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. During the housing element revision process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), as the City failed to adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), any rezone needed to accommodate the City’s regional housing needs allocation (RHNA) must be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).
Robert Dalquest, Director
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html .
We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact, Reid Miller of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
City of Upland’s 6th Cycle Revised Draft Housing Element Page 1 May 23, 2022
APPENDIX
CITY OF UPLAND
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element- memos.shtml. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
General: While the draft element was revised to include some information on the effectiveness of programs from the previous element, it does not reflect the results in the current element. Table A1 must was revised to state when a program will be continued, but it must also provide an analysis of the effectiveness of each activity, and it must state what was learned from implementing the program in the previous element.
Special Needs Populations: The revised draft did not address this finding. Please see HCD’s prior review.
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Enforcement and Outreach: While the element was revised to describe enforcement capacity, it must address compliance with existing fair housing laws as well as any past or current fair housing lawsuits, findings, settlements, judgments, or complaints.
Integration and Segregation: The revised element provided some data on integration and segregation, but additional information and analysis is needed. The element included data across racial groups and one map displaying income by census tracts, but it must discuss and analyze this data for trends over time and patterns across census tracts. Additionally, it must evaluate patterns at a regional level, comparing the City to the region. The element must also analyze integration and segregation for persons with disabilities both locally and regionally including patterns over time, availability of services, and concentrations within or
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between census tracts. The element must also include an analysis of familial status including whether there are concentrations within the City and also provide a regional analysis. In addition, the element must analyze integration and segregation of income both locally and regionally as well as analyze the distinguished pattern provided in the map.
Lastly, the element must integrate local data and knowledge into the analysis.
Racial/Ethnic Areas of Concentration of Poverty and Affluence (R/ECAP): While the revised element includes information relative to R/ECAP and concentrated areas of affluence, the combined R/ECAP and areas of affluence analyses should evaluate the patterns and changes over time at a local (e.g., neighborhood to neighborhood) and regional level (e.g., city to region). This analysis will help guide goals and actions to address fair housing issues. The element should also address the effects of the nearby R/ECAP. In addition, the element must provide a geographic analysis of concentrated areas of affluence both locally and regionally.
Disparities in Access to Opportunity: The revised element provides information on the disparities in access to opportunity through the TCAC opportunity maps but must also provide a complete local and regional analysis of patterns and trends for all components.
A comprehensive analysis should include the local and regional disparities of the educational, environmental, and economic scores through local, federal, and/or state data.
It should also analyze persons with disabilities as well as access to transit. Please refer to page 35 of the AFFH guidebook (link: https://www.hcd.ca.gov/community- development/affh/index.shtml#guidance) for specific factors that should be considered when analyzing access to opportunities as it pertains to educational, employment, environmental, transportation, and any factors that are unique to Upland. In addition, the element should analyze any overall patterns in disparities in access to opportunity within the City.
Disproportionate Housing Needs and Displacement Risk: While the revised element includes some information on all components of disproportionate housing needs (e.g., overpayment, overcrowding, substandard housing, and homelessness), analyses should evaluate the patterns and changes over time at a local (e.g., neighborhood to neighborhood) and regional level (e.g., city to region) for each of these components. The element must also provide an analysis of regional patterns and trends in relation to displacement risk. The element should include a regional analysis for overpayment as well as analyze local and regional concentrations of substandard housing. For overcrowding, the local analysis should include details on what contributes to overcrowding in certain areas of the City, how it relates to other fair housing factors, as well as a regional analysis.
The analysis of persons experiencing homelessness should describe any demographics or characteristics for impacts on protected characteristics (e.g., race and disability) and access to shelter and services. Lastly, the element must analyze displacement risk both locally and regionally including displacement due to investment, disinvestment, and disaster driven displacement.
Sites Inventory: The analysis must identify whether sites improve or exacerbate conditions and whether sites are isolated by income group. A full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups and how that affects the existing patterns for all components of the
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assessment of fair housing (e.g., segregation and integration, access to opportunity). The element should also discuss whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to promote equitable quality of life throughout the community (e.g., anti-displacement and place-based community revitalization strategies).
Contributing Factors to Fair Housing Issues: The element mentions fair housing issues and goals and priorities from the City’s Analysis of Impediments. However, these issues and goals do not appear to be rooted in any analysis related to Upland and do not appear adequate to facilitate the formulation of meaningful action to Affirmatively Furthering Fair Housing (AFFH). The element should re-assess and prioritize contributing factors upon completion of analysis and make revisions as appropriate.
Goals, Priorities, Metrics, and Milestones: The element must be revised to add or modify goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics and milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection.
2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov.
Code, § 65583, subd. (a)(3).)
Progress in Meeting the Regional Housing Need Allocation (RHNA): The City’s RHNA may be reduced by the number of new units built since July 1, 2021. The element indicates (p.
H-81) 921 approved units toward the RHNA but must also demonstrate their availability in the planning period. While the revised element lists the current status of these approved projects as “entitled,” it should indicate whether projects will be built within the planning period.
Sites Inventory: The element was revised to list parcels by various factors such as size, zoning, general plan designation and existing use. However, the description of existing use must include sufficient detail to facilitate an analysis of the potential for additional development on nonvacant sites. For example, many sites that are listed as “vacant” and candidate sites for rezoning have existing uses (e.g., Site 90 has an existing use of “well site”, Site 93 has a parcel with an existing use of “storage yard”, and some sites list an existing use as “flood control”), but those uses are not sufficiently described nor analyzed to demonstrate additional development potential in the planning period.’ While table B5 was revised to include current and proposed zoning, table B6 must also include this information.
Realistic Capacity: The element must provide analysis to support its stated realistic capacity assumptions. While the revised element provides some examples of recent
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projects on pages H-56 and H-57 indicating that there are projects developing at densities of above the 80 percent capacity, only one of the projects listed have actually been built, and all the others are described as being in “preliminary conversations” regarding their development without application submittals. In addition, only two projects list buildout assumptions and none of the projects listed include levels of affordability. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. The element must also analyze the likelihood that the identified units will be developed as noted in the inventory in zones that allow 100 percent nonresidential uses (e.g., mixed- use). Please see HCD’s prior review.
Suitability of Nonvacant Sites: The element was not revised to meet these requirements.
Please see HCD’s prior review.
Sites Identified in Prior Planning Periods: As indicated in the prior review, the element must list which sites were identified in prior planning periods. In addition, while the revised element’s Program 5 (Adequate Sites to Accommodate Regional Housing Needs) states that any nonvacant sites identified in previous planning periods will allow projects with 20 percent of its units affordable to lower income by-right, it gives no defined actions as to when or how this will occur. Sites identified in prior planning periods shall not be deemed adequate to accommodate the housing needs for lower-income households unless a program, meeting statutory requirements, requires rezoning within three years.
Small Sites: While Program 13 (Housing Incentives) has been revised to state that lot consolidation is “encouraged when developers initially approach the City with preliminary applications,” the element was not revised to meet any of the other requirements listed in HCD’s November 22, 2021 letter. Please see HCD’s previous review.
Availability of Infrastructure: While the revised element states on page H-52 that dry utilities will be available to meet expanding need in planning period, the element does not specify what dry utilities it is referring to, nor whether all sites identified in the inventory will have access to them. The element must be revised to include this information.
Environmental Constraints: The element was not revised to meet the requirements stated in HCD’s November 22, 2021 letter. Please see HCD’s prior review.
Zoning for a Variety of Housing Types:
• Accessory Dwelling Units: While the program does include a program to update the ordinance, the program should include the date of first review and revision since the ordinance is not consistent with state law.
• Emergency Shelters: While the element was revised to describe development standards for emergency shelters and update the parking requirements, however, the element must demonstrate the permit processing, development, and management standards for emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters. In particular,
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the element describes development standards for emergency shelters, however these standards are beyond the development standards allowed under housing element law. The element must demonstrate that emergency shelters are subject to the same development and management standards applicable to residential or commercial development within the same zone except for those standards prescribed by Government Code section 65583 (a)(4)(A).
• Employee Housing: While the element was revised, Program 18 should clarify the conflicting information on page 21 and 40 regarding how the City will amend the zoning code to be consistent with the Employee Housing Act (Health and Safety Code, § 17000 et seq.), specifically, sections 17021.5 and 17021.6. Section 17021.5 requires employee housing for six or fewer employees to be treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone. Section 17021.6 requires employee housing consisting of no more than 12 units or 36 beds to be permitted in the same manner as other agricultural uses in the same zone.
3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: While Program 7 was revised to eliminate the use permit for multifamily housing, the element must specify whether it is the administrative use permit, conditional use permit (CUP), or both that will be eliminated. In addition, while Program 18 addresses parking requirements for residential care facilities of six or fewer residents, it must also address the parking requirements for residential care facilities with seven or more residents. The element must also specifically address parking requirements for multifamily development (i.e., requiring garage spaces), for impacts on cost, supply, housing choice, and affordability and include programs to address identified constraints.
Lastly, the element must specify whether 100 percent nonresidential uses are allowed in the mixed-use zones.
Local Processing and Permit Procedures: While the revised element added language in Program 7 (Reduce Potential Constraints to Housing Development) to remove use permit requirements for “conforming” Multifamily projects, the element was not revised to address any of the other issues mentioned in HCD’s November 22, 2021 letter. Please see our prior review.
Design Review: While the revised element offers the “more pertinent” findings related to the design review process, it does not describe criteria and evaluation process as a whole, nor does it analyze the design review process as a potential constraint on housing development. The element must be revised to provide this analysis. In addition, Program 7 was revised to include the development of objective design standards, but the program must clarify which projects will be eligible for ministerial review (i.e., all single family and multifamily projects).
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Fees: The element was not revised to meet the requirements outlined in HCD’s November 22, 2021 letter. Please see HCD’s prior review.
Zoning, Development Standards and Fees: Program 5 (Adequate Sites to Accommodate Regional Housing Needs) states that zoning, development standards and fees will be posted “throughout the planning period,” but the program must provide an implementation date of when they will be initially posted and how often they will be updated.
Streamlining Provisions: While Program 5 was revised to add streamlining provisions by October 2022, the element must clarify that the City will comply with Government Code section 65913.4.
Definition of Family: Program 18 (Housing for People with Disabilities or Other Special Needs) was revised to state it will revise the definition of family to be “in compliance with state housing law” but does not specify what it needs to change or how it will change it.
The element should be revised to provide this information as well as remove the ambiguous language “as necessary” to ensure constraint will be revised.
Constraints on Housing for Persons with Disabilities: Program 17 (Administrative Capacity) states it will review and amend zoning to come into compliance with state law on group homes of seven or more, it does not analyze why its zoning code out of compliance in the first place, nor does it analyze it as a constraint on housing for persons with disabilities. It also does not state when it expects to complete the review and revision process. The element must be revised to provide this information. For your information, zoning should simply implement a barrier-free definition of family instead of subjecting, potentially persons with disabilities, to special regulations such as the number of persons, population types and licenses. These housing types should not be excluded from residential zones, most notably low-density zones, which can constrain the availability of housing choices for persons with disabilities. Requiring these housing types to obtain a special use or CUP could potentially subject housing for persons with disabilities to higher discretionary standards where an applicant must demonstrate compatibility with the neighborhood, unlike other residential uses. The element must commit to address CUP requirements and allow group homes for seven or more residents in all residential zones.
4. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including… …requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584... (Gov.
Code, § 65583, subd. (a)(6).)
Developed Densities and Permit Times: Page H-47 of the revised element states there have been no requests to develop at densities “substantially” lower than anticipated and was revised to state that the time between approval and submitting an application for building permits can vary widely. However, the element should be revised with information
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and analysis to support these statements. See HCD’s November 22, 2021 review for additional information.
5. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
Special Housing Needs: the element was not revised to meet this requirement. Please see HCD’s prior review.
6. Analyze existing assisted housing developments that are eligible to change to non-low- income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9) through 65583(a)(9)(D).).
While the element was revised regarding the date of expiration for listed properties and the addition of qualified entities, the element does not identify specific funding sources that can be used to preserve the affordability.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element... (Gov. Code, § 65583, subd. (c).)
To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City’s specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. Programs to be revised include the following:
Program 2 (HOME Improvement): While the program was revised to add some general outreach through the City’s website and word of mouth, the program should include proactive outreach to developers annually.
Program 3 (Emergency Repairs for Homeowners): While the program was revised to provide outreach via word of mouth and annually through a newsletter, the program should include proactive outreach to developers annually.
Program 6 (Specific Plans): While the timeframe was changed in the objective, the overall program timeframe should include a specific timeline.
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Program 9 (Water Priority System): The element must revise the timeframe from ongoing and clarify whether the program is already in place with the adoption of the housing element.
Program 10 (Neighborhood Improvements): The timing of the overall program still lists ongoing and must be revised.
Program 13 (Housing Incentives): While the program was revised to provide a specific timeframe, it must outline the lot consolidation requirements. In addition, it must commit to proactive outreach and list incentives that the City will implement.
Program 14 (Mobile Home Rent Stabilization): The program is currently listed as dependent on litigation. The program must clarify the timeframe and include back-up implementation actions to take with a set timeframe depending on the litigation results.
Program 17 (Administrative Capacity): This program must be revised to add specific timing of implementation as well as a more detailed plan of implementation.
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:
The element describes a shortfall of sites and indicates rezoning will occur to accommodate the RHNA. While the element includes Program 5 (Adequate Sites to Accommodate Regional Housing Needs), it must specifically commit to acreage, allowable densities, and anticipated units.
In addition, if necessary, to accommodate the housing needs of lower-income households, the program should specifically commit to rezoning pursuant Gov. Code, § 65583.2, subd. (h) and (i). Specifically, the program must commit to:
• permit owner-occupied and rental multifamily uses by-right for developments in which 20 percent or more of the units are affordable to lower income households. By-right means local government review must not require a CUP, planned unit development permit, or other discretionary review or approval.
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• accommodate a minimum of 16 units per site;
• require a minimum density of 20 units per acre; and
• at least 50 percent of the lower-income need must be accommodated on sites designated for residential use only or on sites zoned for mixed uses that accommodate all of the very low and low-income housing need, if those sites:
o allow 100 percent residential use, and
o require residential use occupy 50 percent of the total floor area of a mixed-use project.
Finally, As noted in Finding B3, the element must add or modify programs based on the outcomes of a complete analysis to address the suitability of small sites towards the RHNA for lower-income households. While Program 13 mentions lot consolidation, it does not describe incentives or other methods to encourage affordable development on small lots or demonstrate suitability of small sites towards the RHNA for lower-income households.
3. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).)
While Program 18 states that it will assist in developing housing for persons with special needs including extremely low-income households, the program must commit to specific timing of when the incentives will be implemented, and also include quantifiable objectives for the program.
4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.
The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Finding(s) B4 and B5, the element requires a complete analysis of potential governmental and non-governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include a complete assessment of fair housing.
Based on the outcomes of that analysis, the element must add or modify programs. While the element revised Program 19 (Fair Housing Program) to add a few additional actions, it is not clear how the additional actions are tied to the contributing factors and whether they
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will provide meaningful change throughout the planning period. Goals and actions must create meaningful impact to overcome contributing factors to fair housing issues and actions must have specific metrics and milestones. In addition, the program should be updated to commit to implementing all community development and fair housing programs in a manner that AFFH pursuant to Government Code section 8899.50.
In addition, currently the element only addresses AFFH in Program 19. The element should revise other program actions to address the City’s obligation to AFFH including how programs address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection. The programs must also include metrics and milestones for evaluating progress on programs, actions, and fair housing results.
6. The housing program shall preserve for low-income household the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. (Gov. Code, § 65583, subd. (c)(6).)
While Program 15 (Housing at Risk of Conversion) was revised to include an implementation date for outreach, it must still include actions to incorporate State preservation notice law (Government Code section 65863,10, 65863.11, and 65863.13) to inform the property owners of their responsibilities to tenants beginning three years before the property’s potential conversion to market-rate.
7. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2. (Gov. Code, § 65583, subd. (c)(7).)
While Program 8 (Accessory Dwelling Units) was revised to add general language regarding incentives and strategies for accessory dwelling units (ADUs), the element must describe incentives and strategies that will be provided if ADU production goals (both number and affordability) are not met. In addition, the program must include specific timing to implement the additional incentives and strategies if needed. The program must include a description of activities and incentives to encourage ADU construction and affordability.
D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
City of Upland’s 6th Cycle Revised Draft Housing Element Page 11 May 23, 2022
The element provides a summary of quantified objectives on page H-74. While the number of units being preserved in the planning period was revised, it must be listed by income category.
E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd. (c)(9).)
While the element was revised to include a list of stakeholders that were contacted, the element must describe specific outreach to lower-income and special needs groups. The element must describe future methods for additional public outreach efforts in the future to include lower-income and special needs households. The element must also clarify if translation services were available. The City must also confirm that the element was available for public comment prior to submitting the second draft to HCD for review. Lastly, the element must expand on the brief summary of public comments received on page H-3, and describe how they were considered and incorporated into the element.
September 2022 -1- City of Upland
HCD Housing Element Comments and Responses
City of Upland
HCD Comment
(Letter of 5/23/2022)
Revised Draft
Housing Element
Page No.
Response/Revision
A. Review and revision Appendix A Appendix A has been revised to provide additional information regarding the effectiveness of programs in the prior housing element cycle, including the City’s effectiveness in addressing special housing needs.
B.1 Affirmatively furthering fair
housing
H-74/75
Appendix C
The element includes extensive analysis of fair housing issues, including enforcement and outreach, integration and segregation, racially concentrated areas of poverty and affluence, disparities in access to opportunity, disproportionate housing needs, displacement risk and contributing factors to fair housing issues pursuant to State law. In addition, Program 19 describes actions the City will take to affirmatively further fair housing.
B.2 Inventory of land suitable for
residential development
Appendix B Progress in Meeting the RHNA: The element has been revised to state that the approved projects listed in Table B2 are expected to be completed during the planning period.
Appendix B Sites inventory. The inventory has been revised to include additional analysis of existing uses on non-vacant sites and proposed General Plan and zoning designations.
Appendix B Realistic Capacity. Additional analysis of the realistic capacity of the sites inventory has been provided.
Appendix B Suitability of Nonvacant sites. Additional analysis has been provided regarding the potential capacity for additional housing on nonvacant sites.
Appendix B
H-67
Sites identified in a prior planning period. The sites inventory has been expanded to include sites identified in a prior planning period. In addition, Program 5 has been revised to include a zoning amendment to permit qualifying housing developments on previously identified sites by-right in conformance with State law.
Appendix B Small sites. As noted in the prior draft element, sites smaller than 0.5 acre have been assigned to the moderate or above-moderate income categories.
September 2022 -2- City of Upland
HCD Comment
(Letter of 5/23/2022)
Revised Draft
Housing Element
Page No.
Response/Revision
H-52 Infrastructure: The element identifies dry utilities to include electricity, telephone, cable and internet services.
H-52/53 Environmental Constraints: The original draft element included analysis of environmental constraints, including wildland fire hazard zones, flood hazard zones, and geological hazards, and stated that these potential constraints would not preclude the City from accommodating the RHNA. Additional analysis has been provided regarding the appropriateness and additional costs of producing housing in fire hazard zones and areas prone to earthquakes and other geological hazards.
H-69 ADUs. Program 8 has been revised to include annual monitoring to ensure that the ordinance is being successful and that the Housing Element goals and RHNA production can be met.
H-38 to 41
H-72/73
Emergency Shelters: The element has been revised to provide additional analysis of the City’s development standards for emergency shelters. In addition, Program 16 has been revised to ensure compliance with Government Code sec 65583(a)(4)(A).
H-41
H-73/74
Employee Housing: The element identifies the requirements of the Employee Housing Act (Health and Safety Code, §17000 et seq.) This issue is also addressed in Program 18.
B.3 Governmental constraints H-36
H-68/69
H-73/74
Land use controls. Program 7 has been revised to clarify that “use permit” refers to both AUP and CUP and to eliminate garage parking requirements for multi-family housing. Program 18 has been revised to include parking standards for large residential care facilities. In addition, the element has been revised to clarify whether 100% non-residential development is allowed in mixed-use zones.
H-48/49
H-68/69
Local Processing and Permit Procedures: The element has been revised to provide additional analysis of permit processing and approval procedures by zone and housing type. In addition, Program 7 has been revised to include a Code amendment to eliminate the use permit and administrative use permit requirements for multi-family residential development.
H-51
H-68/69
Design review. The element has been revised to provide additional analysis of the Development Plan Review process, approval procedures and decision- making criteria, for their impact as potential constraints on housing supply
September 2022 -3- City of Upland
HCD Comment
(Letter of 5/23/2022)
Revised Draft
Housing Element
Page No.
Response/Revision
and affordability, including required findings. In addition, Program 7 was revised to include the preparation of objective development standards for qualifying projects.
H-33 Fees. The element has been revised to provide the fees for General Plan amendments, zone changes, specific plans and variances.
H-66 to 68 Zoning, Development Standards, and Fees. Program 5 has been revised to provide an implementation date of when they will be initially posted and how often they will be updated.
H-66/67 SB 35 Streamlined Ministerial Approval Process. Program 5 in the previous draft element included reference to Government Code Sec. 65913.4.
H-73/74 Definition of “Family”. Program 18 has been revised to include an amendment the definition of “family” in conformance with current law.
H-73/74 Housing for Persons with Disabilities. Program 18 has been revised to address this comment.
B.4 Non-governmental constraints H-48/49 Approval Time and Requests Lesser Densities: The element has been revised to include additional analysis of requests to develop housing at densities below those allowed, and typical permit processing times are provided in Table H-18.
B.5 Special needs H-22 to 28 The element has been revised to provide additional analysis of challenges and resources to address special housing needs.
B.6 Assisted housing developments
that are eligible to change to non-
low-income housing
H-31 The element has been revised to include additional information regarding potential funding sources for the preservation of housing at risk of conversion to market rate.
C.1 Programs that set forth a
schedule of actions during the
planning period
Chapter 5 Housing programs have been revised to address this comment and include more specific timing and description of the City’s role in implementation.
C.2 Programs to make sites
available during the planning
period
H-66 to 68 Program 5 has been revised to address the requirements of Government Code section 65583.2, subdivisions (h) and (i). No sites smaller than one-half acre are used to accommodate lower-income needs.
September 2022 -4- City of Upland
HCD Comment
(Letter of 5/23/2022)
Revised Draft
Housing Element
Page No.
Response/Revision
C.3 Programs to assist development
of housing for extremely-low-
income households
H-73/74 Program 18 has been revised to commit to specific timing of when the incentives will be implemented, and also include quantifiable objectives for the program.
C.4 Programs to remove
governmental and
nongovernmental constraints to the
maintenance, improvement, and
development of housing
This comment is addressed in B3 and B4 above.
C.5 Affirmatively furthering fair
housing
H-74/75
Appendix C
Analysis of AFFH issues is provided in Appendix C and Program 19 describes actions the City will take to further fair housing.
C.6 Programs to preserve low-
income housing
H-72 Program 15 has been expanded to include actions to incorporate State preservation notice law (Government Code section 65863,10, 65863.11, and 65863.13) to inform the property owners of their responsibilities to tenants beginning three years before the property’s potential conversion to market- rate.
C.7 Programs to promote ADUs H-69 Program 8 has been expanded to address this comment.
D. Quantified objectives H-76 Table H-18 (Quantified Objectives) has been revised to reflect the quantified objectives for the number of affordable units at risk of conversion by income category.
E. Public Participation H-2 to 10
Appendix D
H-74/75
The element has been revised to provide additional information regarding the public participation process. In addition, Program 19: Affirmatively Furthering Fair Housing includes a commitment to encourage continuing stakeholder involvement in local housing issues through ongoing, proactive outreach to engage members of all socio-economic groups and recruit members of underrepresented groups to participate in City meetings.
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City of Upland General Plan | Housing Element Page H-i
H
Contents
1. Introduction ..................................................................................................................................... H-1 A. Background ............................................................................................................................. H-1 B. Related Plans .......................................................................................................................... H-1 C. Public Outreach ..................................................................................................................... H-2
2. Housing Needs ..............................................................................................................................H-11 A. Demographic Trends ..........................................................................................................H-11 B. Housing Characteristics ......................................................................................................H-14 C. Special Housing Needs .......................................................................................................H-22 D. Affordable Housing at Risk of Conversion ....................................................................H-29 E. 2021-2029 Housing Needs .................................................................................................H-31
3. Constraints Analysis .....................................................................................................................H-32 A. Market Constraints ..............................................................................................................H-32 B. Land Use Controls ..............................................................................................................H-33 C. Development Standards .....................................................................................................H-42 D. Permitting Process ...............................................................................................................H-48 E. Environmental and Infrastructure Constraints ..............................................................H-52
4. Housing Resources .......................................................................................................................H-55 A. Land to Accommodate New Housing Needs ................................................................H-55 B. Financial and Administrative Resources ..........................................................................H-59
5. Housing Plan .................................................................................................................................H-62 A. Goals and Policies ...............................................................................................................H-62 B. Housing Programs ...............................................................................................................H-64
Tables
Table H-1 Affordable Housing Costs – San Bernardino County ...........................................H-18 Table H-2 Overpayment by Income Category – Upland .........................................................H-21 Table H-3 Extremely-Low-Income Housing Needs – Upland ...............................................H-22 Table H-4 Elderly Households by Income and Tenure – Upland .........................................H-22 Table H-5 Disabilities by Employment Status – Upland .........................................................H-25 Table H-6 Developmental Disabilities – Upland ......................................................................H-25 Table H-7 Publicly Assisted Lower Income Rental Units in Upland ....................................H-29 Table H-8 Upland Regional Housing Needs Allocation, 2021–2029 ....................................H-31 Table H-9 Development Fees, City of Upland ..........................................................................H-33 Table H-10 Land Use Designations Allowing Housing .............................................................H-34 Table H-11 Specific Plans Allowing Housing ..............................................................................H-34 Table H-12 Permitted Uses in Zones Allowing Residential Uses ............................................H-35 Table H-13 Residential Development Standards .........................................................................H-43 Table H-14 Residential Parking Standards ...................................................................................H-44 Table H-15 Multiple-Family Parking Standards ...........................................................................H-45 Table H-16 Permit Process and Time Frame for Housing Projects ........................................H-49 Table H-17 Sites Inventory Summary ...........................................................................................H-55 Table H-18 Housing Element Quantified Objectives ................................................................H-76
Revised Draft | OctoberMarch 2022
City of Upland General Plan | Housing Element Page H-ii Figures
Figure H-1 Population Growth 2000-2020 – Upland vs. SCAG Region ...............................H-11 Figure H-2 Population by Age and Gender – Upland ...............................................................H-12 Figure H-3 Household Size by Tenure - Upland ........................................................................H-12 Figure H-4 Employment by Industry - Upland ..........................................................................H-13 Figure H-5 Employment by Occupation - Upland ....................................................................H-13 Figure H-6 Housing Units by Type – Upland vs. SCAG Region ............................................H-14 Figure H-7 Housing Tenure – Upland vs. SCAG Region .........................................................H-15 Figure H-8 Housing Tenure by Age – Upland ............................................................................H-15 Figure H-9 Vacant Units by Type – Upland vs. SCAG Region ...............................................H-16 Figure H-10 Age of Housing Stock – Upland vs. SCAG Region ..............................................H-17 Figure H-11 Median Sale Price for Existing Homes – Upland vs. SCAG Region ..................H-18 Figure H-12 Monthly Owner Cost for Mortgage Holders – Upland vs. SCAG Region .......H-19 Figure H-13 Percentage of Income Spent on Rent – Upland ....................................................H-19 Figure H-14 Rental Cost by Income Category – Upland ............................................................H-20 Figure H-15 Overcrowding by Tenure – Upland vs. SCAG Region .........................................H-20 Figure H-16 Disabilities by Type – Upland ...................................................................................H-24 Figure H-17 Disabilities by Type for Seniors 65+ – Upland ......................................................H-24 Figure H-18 Female Headed Households – Upland ....................................................................H-26 Figure H-19 Female Headed Households by Poverty Status – Upland ....................................H-27 Figure H-20 Agricultural Employment – Upland .........................................................................H-28 Figure H-21 Very High Fire Hazard Severity Zone - Upland ....................................................H-54
Appendices
Appendix A Evaluation of the Prior Housing Element
Appendix B Sites Inventory
Appendix C Fair Housing Assessment
Appendix D Public Comments
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City of Upland General Plan | Housing Element Page H-1
1. INTRODUCTION
A. Background
The State of California recognizes that an adequate supply of affordable housing for all income levels is a fundamental need for all communities. To achieve that goal, it is critical that all local governments share in the responsibility of implementing solutions to address local and regional housing needs. To that end, all California local governments are required to prepare a Housing Element that specifies how the community will plan for its housing needs.
The detailed statutory requirements for Housing Elements are codified in the California Government Code (§§65580–65589). The Housing Element must contain an identification and analysis of its existing and projected housing needs; an analysis of governmental and nongovernmental constraints to meeting those needs; and goals, policies, programs and objectives to further the development, improvement, and preservation of housing.
This Housing Element includes the following six sections:
• Chapter 1, Introduction provides an introduction to the statutory authority and requirements for the Housing Element, related planning efforts, and a description of the public outreach process. • Chapter 2, Community Profile provides an analysis of demographic and housing characteristics; current and future housing needs; and analysis of fair housing issues. • Chapter 3, Constraints Analysis provides an analysis of the governmental and nongovernmental constraints that affect the development, maintenance, and improvement of housing for all income groups. • Chapter 4, Housing Resources provides an analysis of the available land for housing, as well as the financial resources and administrative capacity to manage housing programs. • Chapter 5, Program Evaluation provides a review of the City’s accomplishments relative to the programs and objectives established in the prior Housing Element.
• Chapter 6, Housing Plan establishes goals, policies, and implementation programs to address the development, improvement, and conservation of housing to address housing needs in Upland for the next 8 years.
B. Related Plans
This Housing Element is related to several other local planning efforts, some of which are mandated by the State of California or the federal government. The most important of these related plans and programs are summarized below.
• General Plan Consistency. The Housing Element is a component of the City’s General Plan and must be consistent with other General Plan elements. The sites identified in this Housing Element for future housing development are correlated with the Land Use Plan shown in the Land Use Element. The City will maintain consistency between General Plan elements by ensuring that any proposed changes in this Housing Element that would result in an inconsistency with another element will be reconciled through amendments to other elements. As an example, a Housing Element program calling for changes to land
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City of Upland General Plan | Housing Element Page H-2
use designations to create additional capacity for future housing development would be implemented through amendments to the Land Use Element.
• Water and Sewer Services. The Water Division of the Public Works Department, San Antonio Water Company, West End Consolidated Water Company, and Water District of Southern California provide water to Upland residents. The Inland Empire Utilities Agency (IEUA) and the City provide wastewater services in Upland. In accordance with State law, the City provides a copy of its Housing Element to each water and wastewater service agency. These agencies are required to establish a priority system for water and sewer services to housing projects serving lower-income households in accordance with Section 65589.7 of the Government Code.
• City of Upland Consolidated Plan. The City of Upland is an entitlement jurisdiction and receives housing and community development funds directly from the federal government. Upland’s Consolidated Plan was last revised for the 2021–2024 period. The housing, community development, and economic needs identified in the Consolidated Plan have been evaluated as part of the 2021 Housing Element update process to ensure that these efforts work together to address the community’s needs. The Housing Element also reflects the public housing agency plan prepared by the Upland Housing Authority.
C. Public Outreach
The Housing Element Update process provided numerous opportunities for Upland residents and other stakeholders to be involved in shaping the City’s housing policies and programs. From the outset, diligent efforts were made to involve all economic segments of the community and persons with special needs in the development of the housing element. A list of community stakeholders was compiled based upon City knowledge and previous projects including the Upland Consolidated Plan, and direct mail notice was sent to all parties inviting them to participate. As an entitlement city, Upland also conducts an extensive public outreach process every four years as part of the Consolidated Plan process.
The following is a summary of the outreach activities that were held over the course of the Housing Element update. Table H-1 below provides a summary of public comments received during preparation of the Housing Element and how those comments are addressed in the Housing Element. Written correspondence received during the course of the Housing Element update is provided in Appendix D. Copies of HCD’s review letters and summaries of the City’s revisions to the Housing Element in response to HCD comments are also available as part of the Planning Commission and City Council meeting materials posted on the City’s Housing Element website ( https://www.uplandca.gov/2021-2029-housing-element-update) . • Housing Element Interest List. At the beginning of the Housing Element update process the City compiled a list of agencies, organizations and other stakeholders with expertise in housing issues, particularly those that provide or advocate for lower-income households and persons with special needs.
The City distributed notices of public meetings to these parties by direct mail or email prior to each meeting. • Housing Element Website. At the beginning of the update process a web page was created on the City’s website where background information, meeting notices, draft documents, and other relevant materials regarding the Housing Element update were posted. The website was updated throughout the course of the project.
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City of Upland General Plan | Housing Element Page H-3
• Frequently Asked Questions. The City prepared an FAQ containing background information regarding Housing Element requirements, including the RHNA process and assessment of housing needs, which was posted on the Housing Element web page.
• Public Workshops. The City held two public workshops with the City Council and Planning Commission in February and June 2021 prior to the preparation of the draft Housing Element to provide decision- makers and interested stakeholders with background information on Housing Element requirements and to solicit comments regarding housing needs and policy options. Public comments were considered in the preparation of the draft Housing Element, which was posted for public review on September 16, 2021. • Joint Study Session. After preparing the draft Housing Element and prior to submitting the draft to the Department of Housing and Community Development (HCD), a draft Housing Element was published in early September and a joint study session was held on September 23, 2021 with the Planning Commission and City Council to review the draft Housing Element and its goals, policies, and implementation programs.
Stakeholders on the Housing Element interest list were invited to attend and offer comments on the draft Housing Element. The draft Housing Element was then revised to incorporate comments received at this meeting.
Comments on the draft Housing Element focused on housing affordability and the challenges faced by local governments in addressing those needs. Specific comments included the following:
✓ The elimination of the redevelopment agency has diminished the City’s ability to address housing problems
✓ ADUs provide opportunities for affordable housing but also bring challenges such as adequate parking ✓ More housing also increases the City’s cost of providing adequate services such as infrastructure and public safety
• HCD Review. The draft Housing Element was submitted to HCD for review in on September 24, 2021.
On November 22, 2021 HCD issued a letter finding that the draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law. The draft Housing Element was then revised to address the comments in HCD’s review letter. • Planning Commission Review. After receiving HCD’s November 22, 2021 review, a revised draft Housing Element was prepared addressing HCD’s comments. The revised draft Housing Element was posted for public review on March 16, 2022 and a public meeting was held by the Planning Commission on March 23, 2022 to review HCD comments, other public comments and the revised draft Housing Element. An agenda and invitation to attend the meeting was sent to all parties on the Housing Element interest list. Comments offered at the meeting included whether changes to parking requirements would result in adequate parking for new housing developments. A letter dated February 28, 2022 was also submitted by YIMBY Law (see Appendix D).
• HCD Review #2. Following the March 23, 2022 Planning Commission meeting the revised draft Housing Element was submitted to HCD for review on March 24, 2022. On May 23, 2022 HCD issued a letter finding that the draft element addresses some statutory requirements described in HCD’s November 22, 2021 review; however, additional revisions are necessary to fully comply with State Housing Element Law. • Planning Commission Public Hearings. After receiving HCD’s May 23, 2022 comments a revised draft Housing Element was prepared addressing HCD’s comments. The revised draft Housing Element was
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City of Upland General Plan | Housing Element Page H-4
posted for public review on September 29, 2022 and on October 5, 2022 the Planning Commission conducted a public hearing to review the revised draft Housing Element. At the conclusion of the hearing the Planning Commission adopted a recommendation for City Council approval of the Housing Element.
Public hearings were conducted by the Planning Commission on (TBD) and City Council on (TBD) to review the revised draft Housing Element. In addition to the formal public hearing notice, direct notice of these hearings was provided to all parties on the Housing Element stakeholder list. • City Council Public Hearing. TBD
Chapter 5, the Housing Plan, describes the City’s goals, policies and specific program actions over the next 8 years to address issues raised during the public outreach process (see also Table H-1).
Table H-1 Public Comment Summary
Comment Response
There is a limited amount of vacant land remaining for
housing development in Upland. The RHNA goals assigned
to the city are far higher than in the past. How can the city achieve these goals?
The availability of vacant land suitable for housing
development is a significant problem in most cities in
Southern California, particularly those that are near major employment centers. Over the past several decades, most of the vacant properties in the urban areas without major
development constraints such as steep slopes, floodplains, or wildland fire hazards have already been developed.
Therefore, a large component of new housing development is occurring through redevelopment of previously developed properties that are economically or physically underutilized.
Appendix B of the Housing Element identifies underutilized properties that are suitable for redevelopment and the
following programs encourage the redevelopment of those properties for housing or mixed use: Program 5: Adequate Sites to Accommodate Regional Housing Needs; Program 6:
Specific Plans; Program 7: Reduce Potential Constraints to Housing Development; Program 8: Accessory Dwelling Units; Program 10. Neighborhood Improvements; Program 13.
Housing Incentives.
Accessory dwelling units (ADUs) can provide additional
housing opportunities.
ADUs are an important strategy for meeting housing needs, especially for single persons and small households. The City encourages production of ADUs through a variety of methods as described in Program 8: Accessory Dwelling Units.
Past underproduction of housing has resulted in higher prices and rents that make it difficult for younger persons to live in the community. A market-based solution is needed to provide more housing.
Many factors contribute to high housing cost, and the
problem is not unique to California. While cities play an important role in housing production, there are also many factors that are beyond the City’s control, such as housing speculators and investors, State environmental regulations, private business decisions, the cost of labor and materials, federal economic policies, interest rates, etc.
The following programs are intended to facilitate housing production in Upland: Program 5: Adequate Sites to
Accommodate Regional Housing Needs; Program 6: Specific Plans; Program 7: Reduce Potential Constraints to Housing Development; Program 8: Accessory Dwelling Units;
Program 10. Neighborhood Improvements; Program 13.
Housing Incentives.
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City of Upland General Plan | Housing Element Page H-5
Comment Response
How will the City pay for the additional cost of providing public services to new housing?
California cities face major fiscal challenges in providing public services. After the passage of Proposition 13 in 1978 and its limitation on local governments’ property tax
revenues, local governments have faced increased difficulty in providing and financing appropriate public services and facilities to serve residents. One of the main consequences of Proposition 13 has been the shift in funding of new
infrastructure from general tax revenues to development impact fees and improvement requirements on developers, which has contributed to increased housing costs.
The Housing Element addresses this issue by encouraging efficient housing development patterns and provision of infrastructure as described in Program 5: Adequate Sites to Accommodate Regional Housing Needs; Program 6: Specific Plans; Program 7: Reduce Potential Constraints to Housing Development; Program 8: Accessory Dwelling Units;
Program 9. Water Priority System; Program 10.
Neighborhood Improvements; Program 13. Housing
Incentives; and Program 17: Administrative Capacity.
Prioritize rezoning in high resource, historically exclusionary neighborhoods. Many of the highest resource neighborhoods with the best access to jobs, good schools, and other
amenities have histories of exclusion which are still reflected in their zoning. Cities should rezone to allow more housing opportunities in those neighborhoods, particularly those with low Vehicle Miles Traveled, as part of their Housing
Elements.
It is important to recognize that the residential areas of the city are nearly built-out, and State laws already facilitate more housing opportunities in existing residential areas through ADUs and SB 9 lot splits. Redevelopment in
residential areas also could lead to displacement of existing occupants. Commercial and industrial areas have the
greatest opportunity for additional housing.
The following programs are intended to facilitate housing production in all areas of Upland: Program 5: Adequate Sites to Accommodate Regional Housing Needs; Program 6:
Specific Plans; Program 7: Reduce Potential Constraints to Housing Development; Program 8: Accessory Dwelling Units; Program 10. Neighborhood Improvements; Program 13.
Housing Incentives.
Establish a strong tenant protection ordinance so that new housing benefits everyone. Development should not
permanently displace current residents. Housing replacement programs, temporary housing vouchers, right of return, and demolition controls will create stability for renters while allowing new homes to be built for new households and to accommodate the growth associated with RHNA. In your
sites inventory and rezoning programs, you should prioritize development on sites with owner-occupied housing &
commercial uses over those with existing rent-controlled apartments or other rental housing with lower income
residents.
Strong tenant protections are already provided under State and Federal law. The City helps to facilitate tenant protection through partnerships with fair housing organizations and enforcement of existing laws. The following programs
address this comment: Program 2: HOME Improvement;
Program 4. Rental Acquisition and Rehabilitation; Program 5:
Adequate Sites to Accommodate Regional Housing Needs;
Program 12: Rental Housing Assistance; Program 13.
Housing Incentives; Program 14: Mobile Home Rent
Stabilization; Program 15: Affordable Housing at Risk of Conversion to Market Rate; Program 17: Administrative
Capacity; Program 18: Housing for People with Disabilities or other Special Needs; Program 19: Affirmatively Furthering Fair Housing.
Support homeownership opportunities for historically
excluded groups. Homeownership continues to be a path to building financial security and inter-generational wealth, which has been systematically denied to many Americans.
As a society, we need to make this right by intentionally offering opportunities to communities who have been
The City helps to facilitate homeownership for all segments of the community through the following programs: Program 2:
HOME Improvement; Program 3: Emergency Repairs for
Homeowners; Program 5: Adequate Sites to Accommodate
Regional Housing Needs; Program 11. Homeownership
Assistance; Program 13. Housing Incentives; Program 17:
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Comment Response
excluded. The housing element should identify opportunities to create a variety of for-sale housing types and create programs to facilitate property ownership among excluded groups.
Administrative Capacity; Program 19: Affirmatively Furthering Fair Housing.
Adequately plan for density. Ensure that a site’s density will accommodate the number of homes that are projected to be built. In addition, make sure height limits, setback
requirements, FAR, and other controls allow for adequate density and the ability to achieve a site’s realistic capacity.
Housing will not be feasible if you have a high density paired with low height limits. This density should be emphasized around jobs and transit and should go beyond the Mullin density in those areas.
The following programs are intended to facilitate housing production at appropriate densities in Upland: Program 5:
Adequate Sites to Accommodate Regional Housing Needs;
Program 6: Specific Plans; Program 7: Reduce Potential
Constraints to Housing Development; Program 13. Housing Incentives.
Provide sufficient zoned capacity to accommodate all income levels, including a minimum No Net Loss buffer of 30%. Not every site will be developed at maximum density during the eight-year planning period. Identify an ample amount of opportunity sites and zone the sites to accommodate lower- income housing types (usually a statutory minimum of 30 dwelling units per acre) to give the city the best chance at meeting its RHNA.
The Housing Plan identifies sites and zoning strategies to accommodate all income levels as assigned through the
RHNA. State law (Government Code 65583.2(h)) requires
zoning to accommodate 100% (not 130%) of the RHNA
allocation for lower-income households.
The following programs are intended to facilitate housing production at appropriate densities in Upland: Program 5:
Adequate Sites to Accommodate Regional Housing Needs;
Program 6: Specific Plans; Program 7: Reduce Potential
Constraints to Housing Development; Program 13. Housing Incentives.
Use data from the 5th Cycle to calculate the likelihood of development for your 6th Cycle site inventory Likelihood of development is a measure of the probability of an inventory site being developed during the planning period. The median likelihood of development across the state is 25%, meaning only one of every four sites will likely be developed during the planning period for the median city. Incorporating the
likelihood of development into the zoned capacity will set the city up to successfully achieve their RHNA, making the
housing element less of a paper exercise and more of an actionable, functional document.
Calculating the likelihood of development on the basis of development during the previous housing cycle is not a valid methodology for estimating current potential for development due to significant changes in market conditions over the past decade. The “Great Recession” that began in 2007-08
resulted in an near-catastrophic collapse in property values and housing construction, particularly in the Inland Empire.
The RHNA is a planning goal, and cities are required to identify adequate sites that could accommodate the RHNA allocation. State law recognizes that cities do not have control over many aspects of the development process, and therefore achieving the RHNA is not a legal mandate. Many strategies have been suggested that the State Legislature could adopt to stimulate housing production, such as CEQA reform and real estate tax policy, but it has declined to do so.
To address this comment, the following programs identify actions the City intends to take to facilitate additional housing development: Program 5: Adequate Sites to Accommodate
Regional Housing Needs; Program 6: Specific Plans;
Program 7: Reduce Potential Constraints to Housing
Development; Program 8: Accessory Dwelling Units;
Program 10. Neighborhood Improvements; Program 13.
Housing Incentives.
Commit to an automatic mid-cycle adjustment if ADU
permitting activity is lower than estimated in the housing element. We highly recommend complying with HCD’s
standards of using one of its “safe harbor” methodologies to anticipate future ADU production. However, if the city is The Housing Element utilizes HCD “safe harbor”
methodology in estimating future potential for ADU
production. This comment is addressed in Program 8:
Accessory Dwelling Units.
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City of Upland General Plan | Housing Element Page H-7
Comment Response
optimistic about ADU growth, then creating an automatic mid- cycle adjustment will automatically facilitate alternative housing options (i.e., a rezoning program, removing
development constraints, ADU incentives, etc.) if the city falls behind the estimated ADU production.
Incentivize new ADUs, including those that are rent-restricted for moderate or lower-income households or that are
prioritized for households with housing choice vouchers.
Consider offering low- or no-interest loans, forgivable loans, impact fee waivers for ADUs that are 750 square feet or larger, allowances to facilitate two-story and second-story ADU construction, etc.
It should be noted that ADU regulations beyond those
authorized in State law is prohibited. Also, after the State’s dissolution of redevelopment agencies a significant source of City funding for housing was eliminated. Many worthwhile housing activities now compete for scarce public subsidies such as CDBG and HOME funds. This comment is also
addressed in Program 8: Accessory Dwelling Units.
Allow residential to be built in areas that are zoned for commercial use. There are a myriad of ways to do this, but a housing overlay is one common policy. Additionally, consider eliminating new commercial space in mixed-use
developments where there is not a strong demand or there is otherwise a glut of commercial space that is unused or
frequently vacant.
The following programs are intended to facilitate housing production in areas currently zoned for commercial use:
Program 5: Adequate Sites to Accommodate Regional
Housing Needs; Program 6: Specific Plans; Program 7:
Reduce Potential Constraints to Housing Development;
Program 8: Accessory Dwelling Units; Program 10.
Neighborhood Improvements; Program 13. Housing
Incentives.
Allow flexibility in inclusionary zoning. Cities should require different percentages for different AMI levels. Additionally, we urge cities to incentivize land dedication to affordable developers in order for market-rate developers to meet their inclusionary requirements. Avoid getting trapped into thinking that the affordable units must be “sprinkled throughout” the market-rate units, or require the market-rate units to look exactly the same as the affordable ones. This should be balanced against not locating all of the affordable units in one place and ghettoizing neighborhoods by creating or
perpetuating racially concentrated areas of poverty.
“Inclusionary housing” refers to a requirement that a portion of new housing is made available at affordable rents or prices. There are valid arguments among experts for and against such policies, and each city must evaluate whether inclusionary requirements are appropriate. There are
currently no inclusionary requirements in Upland, and
inclusionary housing is not a requirement of State housing law.
Ensure that the city has a ministerial process for housing permitting, especially multi-family housing, and remove impact fees for deed-restricted housing. A discretionary process for housing development creates uncertainty and adds to the cost of construction. For example, multi-family housing should not require a conditional use permit or city council approval unless the builder is asking for unique and extraordinary concessions. Right-sizing governmental
constraints, entitlement processes, and impact fees will help the city successfully meet its RHNA.
This comment is addressed in Program 7: Reduce Potential Constraints to Housing Development. With regard to impact fees, the elimination of such fees for affordable housing would need to be backfilled from another source or there would be insufficient funds to provide the public facilities paid for by impact fees. There are limited sources of funding that could be used to offset that loss.
Reduce parking standards and eliminate parking minimums.
Minimum parking requirements are a major constraint on
housing, especially for lower cost housing types. They can cost in excess of $30,000 per spot and can raise rents by as much as 17%, and eliminating them is particularly important for smaller & other spatially constrained sites. Consider adopting a parking maximum.
This comment is addressed in Program 7: Reduce Potential Constraints to Housing Development.
Cap fees on all new housing. Most construction costs are outside the City’s control, but reducing impact fees can demonstrate that a city is serious about building new
housing. At a minimum, cities should delay the collection of The City is serious about facilitating the construction of new housing. However, this comment disregards the fact that impact fees are determined by the cost of providing public
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City of Upland General Plan | Housing Element Page H-8
Comment Response
impact fees until the issuance of the certificate of occupancy to reduce financial impacts on new housing and make the units cheaper by not asking the developer to carry impact fee charges or debt throughout the construction phase.
services and facilities, and cannot be reduced without
rendering the services financially infeasible.
Provide local funding. One of the largest barriers to building new affordable homes is the lack of city/county funds
available to assemble sites, provide gap funding, and to pay for dedicated staff. Without new funding, especially at the local level, we will not be able to build more affordable homes. There are three new revenue streams that should be considered: 1) Transfer tax, a one-time payment levied by a jurisdiction on the sale of a home, may be utilized to raise much needed revenue to fund affordable homes; 2) Vacancy tax may be collected on vacant land to convince landowners to sell their underutilized properties and be used to fund the construction of affordable homes; 3) Commercial linkage fees should be adopted or revisited for increases on new
commercial developments.
This comment correctly notes that public funding is a major limiting factor on affordable housing development. However, increased taxes on real estate is not a universally accepted strategy for raising additional funding. A statewide real estate transfer tax of $1.10 per $1,000 is assessed on transactions.
In addition, SB 2 of 2017 (the Building Homes and Job Act) requires County Recorders to charge an additional $75 fee at the time of recording every real estate instrument, paper, or notice, except those expressly exempted from payment of recording fees, per each transaction per parcel of real property, not to exceed $225 per single transaction. Funds raised by this fee are used to support affordable housing.
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City of Upland General Plan | Housing Element Page H-9
Upland Housing Element Stakeholders
Pacific Lifeline
315 N. San Antonio Avenue
Upland, CA 91786
Foothill Family Shelter
1501 W. 9th Street, Suite D
Upland, CA 91786
Inland Regional Center
1365 S. Waterman Avenue
San Bernardino, CA 92408
San Bernardino County Housing Authority
1200 N. Campus Avenue
Upland, CA 91786
Inland Valley Hope Partners
1753 N. Park Avenue
Pomona, CA 91786
Inland Valley Recovery Services
1260 E. Arrow Hwy
Upland, CA 91786
Time for Change Foundation
2164 N. Mountain View Ave
San Bernardino, CA 92405
[email protected]
Linc Housing
3590 Elm Avenue.
Long Beach, CA 90807
National CORE
9421 Haven Avenue
Rancho Cucamonga, CA 91730
Inland Fair Housing and Mediation Board
1500 South Haven Avenue, Suite 100
Ontario, CA 91761
Neighborhood Partnership Housing Services
9551 Pittsburgh Avenue
Rancho Cucamonga, CA 91730
Neighborhood Housing Services of The Inland Empire
1845 Business Center Drive South, Suite 120
San Bernardino, CA 92408
Building Industry Association
3891 11th Street
Riverside, CA 92501
Apartment Association Greater Inland Empire
8250 White Oak Avenue, Suite 00
Rancho Cucamonga, CA 91730
County of San Bernardino Economic Development
Agency
385 N. Arrowhead Avenue
San Bernardino, CA 92455
Lewis Land Developers
1156 N. Mountain Avenue
Upland, CA 91786
KB Homes
36310 Inland Valley Drive
Wildomar, CA 92595
Lennar Homes
980 Montecito Drive, Suite 302
Corona, CA 92879
RC Homes, Inc.
Ridge Crest Real Estate, LLC
550 N. Larchmont Blvd., Suite 201
Los Angeles, CA 90004
GFR Homes
434 N. 2nd Avenue
Upland, CA 91786
Williams Homes
21080 Centre Pointe Pkwy.
Santa Clarita, CA 91350
Diversified Pacific
10621 Civic Center Drive
Rancho Cucamonga, CA 91730
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City of Upland General Plan | Housing Element Page H-10 Taylor Morrison
4695 MacArthur Court
8th Floor
Newport Beach, CA 92660
Century Communities
4695 MacArthur Court, Suite #350
Newport Beach, CA 92660
Frontier Communities
2151 E. Convention Center Way
Suite 114
Ontario, CA 91764
San Bernardino Association of Governments
1170 W. 3rd Street, Suite 140
San Bernardino, CA 92410
Upland Chamber of Commerce
215 N. 2nd Ave Suite D
Upland, CA 91786
OmniTrans
1700 W. Fifth Street
San Bernardino, CA 92411
Community Action Partnership of San Bernardino
County
696 S. Tippecanoe Avenue
San Bernardino, CA 92408
Upland Unified School District
390 N. Euclid Avenue
Upland, CA 91786
Habitat for Humanity California
2200 Ritchey Street
Santa Ana, CA 92705
Pomona Valley Habitat for Humanity
2111 Bonita Ave
La Verne, CA 91750-4927
[email protected]
San Bernardino Area Habitat for Humanity
25948 Business Center Dr
Redlands, CA 92374
[email protected]
Southern California Association of Non-Profit Housing
340 E. 2nd Street, Suite 406
Los Angeles, CA 90012
Jamboree Housing Corporation
17701 Cowan Suite 200
Irvine, CA 92614
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City of Upland General Plan | Housing Element Page H-11
2. HOUSING NEEDS
This chapter provides an overview of Upland’s demographic, economic, housing, and special needs characteristics and trends and identifies issues that affect the city’s existing and future housing needs.
A. Demographic Trends
Population Growth
Upland had an estimated 2020 total population of 78,814 including 682 living in group quarters according to the California Department of Finance. Figure H-1 shows population growth trends in Upland from 2000 to 2020. Over this period Upland’s annual growth rate of 0.7% was the same as the region as a whole.
Figure H-1 Population Growth 2000-2020 – Upland vs. SCAG Region
Population Age and Gender
Different age groups have different housing needs based on lifestyles, family types, income levels, and housing preference. Typically, younger households seek affordable rental housing opportunities as they begin their careers. As adults spend more time in the workforce and form families, they may seek larger homes and opportunities to build equity through home ownership. Seniors may eventually choose to trade down larger homes that once accommodated children to smaller and more affordable homes.
The population of Upland is 48% male and 52% female. The share of the population of Upland that is under 18 years of age is approximately 22%, which is slightly lower than the regional share of 23%. Upland's seniors (65 and above) make up about 15% of the population compared to 13% for the regional as a whole (Figure H-2).
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City of Upland General Plan | Housing Element Page H-12 Figure H-2 Population by Age and Gender – Upland
Household Size
Figure H-3 illustrates the range of household sizes in Upland for homeowners, renters, and overall. The most commonly occurring household size is of two people (33%) and the second-most commonly occurring household is of one person (23%). Upland has a similar share of single-person households as the SCAG region overall (23%) and a smaller share of large households with 7+ persons than the SCAG region overall (1% vs. 3%).
Figure H-3 Household Size by Tenure - Upland
Employment Characteristics
According to recent Census estimates, Upland has 37,178 workers living within its borders who work across 13 major industrial sectors. Figure H-4 shows that most prevalent industry for Upland residents is Education & Social Services with approximately 24% of the total while the second most prevalent industry is Retail trade with 12% of employed residents. The largest employers in Upland are San Antonio Community Hospital, Upland Unified School District, Home Depot and Upland Rehabilitation and Care Center.
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City of Upland General Plan | Housing Element Page H-13 Figure H-4 Employment by Industry - Upland
As shown in Figure H-5, the most prevalent occupational category in Upland is Management, in which about 38% of employees work. The second-most prevalent type of work is in Sales, which employs about 25% of residents.
Figure H-5 Employment by Occupation - Upland
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City of Upland General Plan | Housing Element Page H-14 B. Housing Characteristics
This section describes housing characteristics and trends including housing type, tenure (owner vs. renter), vacancy, age and condition, housing prices and rents, and homeownership rates.
Housing Type
A range in housing types and prices allows residents of all ages and incomes the opportunity to find adequate housing in Upland. As shown in Figure H-6, the most prevalent housing type in Upland is single- family detached homes. According to recent Department of Finance estimates, the share of all single-family housing units in Upland is approximately 64%, which is higher than the 62% share for the SCAG region as a whole. The estimated vacancy rate is 2.8% and the average household size (as expressed by the population to housing unit ratio) is approximately 2.9.
Looking forward, the City of Upland anticipates continued residential growth in several focus areas and specific plan areas such as the Foothill Boulevard corridor, College Heights, and Downtown.
Figure H-6 Housing Units by Type – Upland vs. SCAG Region
Housing Tenure
Tenure refers to whether a household owns or rents a home. Ample homeownership and rental opportunities allow people of all incomes and household sizes to choose the type of housing and location best suited to their needs and preferences. Vacancy rates, in combination with housing tenure, also affect the prices and rents charged for housing. Recent Census data estimated that Upland's housing stock consists of 26,875 total units, 14,718 of which are owner-occupied and 12,157 of which are renter-occupied (Figure H-7). The home ownership rate in Upland is slightly higher than in the SCAG region overall.
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City of Upland General Plan | Housing Element Page H-15 Figure H-7 Housing Tenure – Upland vs. SCAG Region
Figure H-8 shows recent Census estimated of housing tenure for different age groups. As may be expected, younger residents are more likely to be renters while those over age 45 are more often homeowners.
Figure H-8 Housing Tenure by Age – Upland
Vacancy Rates
Housing vacancies are one measure of how well the supply of housing matches the demand. Typically, housing vacancy rates of 5% for apartments and 1% to 2% for owner-occupied homes are considered to be a healthy housing market with enough vacancies to provide consumers with sufficient choices for different types of housing products, and that developers have a financial incentive to continue building housing. Higher vacancy rates may lead to price depreciation while lower vacancy rates indicate a tight market and generally cause housing rents and prices to increase.
According to recent Census estimates, Upland’s overall vacancy rate is approximately 2.8%. The various categories of vacant units for Upland and the entire SCAG region are shown in Figure H-9. In Upland the highest number of reported vacant units was “other” while “seasonal” vacant units were most common throughout the region. The estimated vacancy rate in 2019 was 0% for owner-occupied units and 5.7% for rental units.
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City of Upland General Plan | Housing Element Page H-16 Figure H-9 Vacant Units by Type – Upland vs. SCAG Region
Housing Age and Condition
Well-maintained housing is important for maintaining property values and neighborhood stability. However, the majority of homes in Upland are over 50 years old, indicating a need for ongoing maintenance and rehabilitation such as roof repair, painting, landscaping, and exterior finishes. Homes between 30 and 50 years typically require more significant maintenance and even renovation. Generally, homes built 50 or more years ago (unless well maintained) are more likely to require substantial repairs or need renovation.
Another concern related to the age of housing is That homes built prior to 1978 typically contain lead-based paint, which can cause hazardous health conditions for children (specifically, developmental delays). Health hazards occur when the paint chips and is inhaled by residents, particularly children. Since 1978, the federal government has banned the use of lead-based paint.
Figure H-10 shows the age of Upland’s housing stock. City staff estimates that approximately 70-80% of housing units (approximately 21,000 units) may be in need of minor repair while one-third (approximately 9,000 units) may require more substantial rehabilitation. Most of the homes in need of repair are located in the older southern portions of the city, while the majority of newer housing is located in the northern area. The City’s code enforcement activities are primarily based on complaints. When violations are noted, City staff directs residents to programs that may be available to assist lower-income residents with needed repairs.
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City of Upland General Plan | Housing Element Page H-17 Figure H-10 Age of Housing Stock – Upland vs. SCAG Region
Housing Cost and Affordability
Housing Affordability Criteria
State law establishes five income categories for purposes of housing programs based on the area (i.e., County) median income (AMI): extremely-low (30% or less of AMI), very-low (31-50% of AMI), low (51-80% of AMI), moderate (81-120% of AMI) and above moderate (over 120% of AMI). Housing affordability is based on the relationship between household income and housing expenses. According to HUD and the California Department of Housing and Community Development, housing is considered “affordable” if the monthly payment is no more than 30% of a household’s gross income. In some areas, these income limits may be increased to adjust for high housing costs.
Table H-2 shows affordable rent levels and estimated affordable purchase prices for housing in San Bernardino County by income category for on a 4-person family. Based on 2022 State standards, the maximum affordable monthly rent for extremely-low-income households is $694655, while the maximum affordable rent for very- low-income households is $1,100941. The maximum affordable rent for low-income households is $1,7601,506, while the maximum for moderate-income households is $2,6232,259.
Affordable purchase prices are more difficult to determine due to variations in conditions such as mortgage interest rates and qualifying procedures, down payments, special tax assessments, homeowner association fees, and property insurance rates. With this caveat, the maximum home purchase prices by income category shown in Table H-2 have been estimated based on typical current conditions.
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City of Upland General Plan | Housing Element Page H-18 Table H-1Table H-2 Affordable Housing Costs – San Bernardino County Income Category Maximum Income Affordable Rent
Affordable Price
(est.)
Extremely low $27,75026,200 $694655 *
Very low $44,00037,650 $1,100941 *
Low $70,40060,250 $1,7601,506 *
Moderate $104,90090,350 $2,6232,259 $400,000365,000
Above moderate Over $104,90090,350 Over $2,6232,259 Over $400,000365,000 Assumptions:
- Based on a family of 4 and 20220/21 State income limits - 30% of gross income for rent or principal, interest, taxes & insurance plus utility allowance - 10% down payment, 5.53.75% interest, 1.25% taxes & insurance, $300 HOA dues * For-sale affordable housing is typically at the moderate-income level Source: Cal. HCD; JHD Planning LLC
For-Sale Housing Cost
Between 2000 and 2018, median home sales prices in Upland increased 157% while prices in the SCAG region increased 151%. 2018 median home sales prices in Upland were $551,000 and the highest experienced since 2000 was $569,500 in 2006. Prices in Upland have ranged from a low of 91% of the SCAG region median in 2007 and a high of 118% in 2009 (Figure H-11).
Figure H-11 Median Sale Price for Existing Homes – Upland vs. SCAG Region
Recent data for monthly homeowner housing costs are shown in Figure H-12. The most common amount paid is $2,000 to $3,000 in Upland and in the SCAG region as a whole.
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City of Upland General Plan | Housing Element Page H-19 Figure H-12 Monthly Owner Cost for Mortgage Holders – Upland vs. SCAG Region
Rental Housing Cost
Across Upland's 12,157 renter households, about 54% spend 30% or more of gross income on housing cost, compared to 55% in the SCAG region. About 27% of Upland renters spend 50% or more of gross income on housing cost, compared to 29% in the SCAG region (Figure H-13). According to 2019 Census estimates the median rent in Upland was $1,600 per month. An August 2022 internet survey of apartments offered for rent found typical rents for 2-bedroom units in Upland ranging from $1,845 to $2,840 per month.
Figure H-13 Percentage of Income Spent on Rent – Upland
As illustrated in Figure H-14, lower-income households typically pay a higher proportion of their incomes for rent.
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City of Upland General Plan | Housing Element Page H-20 Figure H-14 Rental Cost by Income Category – Upland
Housing Problems
Housing problems refer to overpayment, overcrowding, and the difficulties faced by extremely-low-income households.
Overcrowding
Overcrowding is often closely related to household income and the cost of housing. The U.S. Census Bureau considers a household to be overcrowded when there is more than one person per room, excluding bathrooms and kitchens, with severe overcrowding when there are more than 1.5 residents per room. Overcrowded households are usually a reflection of a shortage of affordable housing . Figure H-15 shows recent Census estimates of the prevalence of overcrowding in Upland compared to the SCAG region as a whole. Among renters, approximately 11.5% of Upland renter households reported more than 1.0 person per room while an additional 2.2% reported more than 1.5 persons per room. These rates are substantially lower than for the region as a whole. Rates of overcrowding were significantly lower for owner households.
Figure H-15 Overcrowding by Tenure – Upland vs. SCAG Region
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City of Upland General Plan | Housing Element Page H-21 Overpayment
According to State housing policy, overpaying occurs when housing costs exceed 30% of gross household income. Table H-3 displays recent HUD estimates for overpayment by tenure and income category, and shows that overpayment is closely related to income, with lower-income households far more likely to be cost- burdened than those in higher income categories.
Although homeowners enjoy income and property tax deductions and other benefits that help to compensate for high housing costs, homeowners paying a higher percentage toward a mortgage may need to defer maintenance or repairs due to limited funds, which can lead to deterioration. For renters, severe cost burden can require families to double up resulting in overcrowding and related problems.
Table H-2Table H-3 Overpayment by Income Category – Upland
Source: HUD CHAS, 2014-2018
HAMFI = Housing Urban Development Area Median Family Income
Extremely-Low-Income Households
Housing the extremely-low-income (ELI) population (below 30% of area median income) can be especially challenging. Recent HUD data (Table H-4) provides a breakdown of extremely-low-income households by race/ethnicity and tenure. ELI households often experience overcrowding, overpayment and other difficulties.
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City of Upland General Plan | Housing Element Page H-22 Table H-3Table H-4 Extremely-Low-Income Housing Needs – Upland Total Households
Households below
30% HAMFI
Share below
30% HAMFI
White, non-Hispanic 13,795 1,205 8.7%
Black, non-Hispanic 1,869 480 25.7%
Asian and other, non-Hispanic 2,658 410 15.4%
Hispanic 8,805 1,255 14.3%
Total 27,127 3,350 12.3%
Renter-occupied 12,325 2,625 21.3%
Owner-occupied 14,830 730 4.9%
Total 27,155 3,355 12.4%
Source: HUD CHAS, 2012-2016
HAMFI = Housing Urban Development Area Median Family Income
C. Special Housing Needs
This section contains a discussion of the housing needs of special needs groups who reside in Upland. Special needs households include seniors, large families, single-parent households, people who are homeless, farmworkers and people with disabilities.
Senior Citizens
Seniors are defined as persons 65 years or older, although for some housing purposes the age may be as low as 55 years. Federal housing data define a household type as 'elderly family' if it consists of two persons with either or both age 62 or over. As shown in Table H-5, of Upland’s 6,495 such households, approximately 11% earn less than 30% of median income, (compared to 24% in the SCAG region), and 23% earn less than 50% of the surrounding area income (compared to 31% in the SCAG region).
Table H-4Table H-5 Elderly Households by Income and Tenure – Upland Income Category, Relative to
Surrounding Areas Owner Renter Total
Percent of Total
Elderly Households
100% HAMFI 3,015 305 3,320 51.1%
Total Households 5,055 1,440 6,495
Providing appropriate housing for seniors has become an increasingly important issue for many communities.
In past years, the baby boomer generation provided the impetus and majority of demand for single -family housing. However, as this group ages and approaches retirement or elderly years, many communities will see an increased demand for all types of senior housing, from smaller condominiums to independent age-restricted housing to assisted residential settings for those requiring more supportive services.
In addition to housing, an appropriate mix of affordable support services provided locally can benefit seniors living in Upland. Support services are essential in facilitating the ability of seniors to live as independently as possible without having to change their residences. Services can include transportation, health care, home maintenance assistance, and low-cost loans or grants to rehabilitate homes.
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City of Upland General Plan | Housing Element Page H-23 The City uses its CDBG funds, and implements the Emergency Repair Program (ERP), which provides a grant up to $15,000 to make emergency repairs and/or code violations corrections. Many of the ERP grants that the City processes are for low-income seniors living in mobile home parks and help to address safety and emergency repairs that they cannot afford. The City also uses its Home Improvement Program (HIP) funds from CalHOME and HOME which provides a deferred low or no interest loans (silent seconds) of up to $90,000 which allows low-income seniors the ability to address life/safety repairs, or upgrades to their home due to a lack of ongoing maintenance.
The City also supports the housing needs of seniors through reasonable accommodation for persons with disabilities as well as programs including Program 8: Accessory Dwelling Units, Program 12: Rental Housing Assistance and Program 14: Mobile Home Rent Stabilization.
In addition to these housing programs, the City’s
Gibson Senior Center1 serves over 3,500 seniors each
month with a lunch program and over 40 classes and
activities taking place weekly, with over half of those being free.
The Gibson Center also hosts free monthly health
lectures with community doctors, free non-invasive
medical screenings, free AARP Tax-Aide, AARP 55
Alive Driver Safety courses, a free Fall flu shot clinic and wellness faire, non-biased medical insurance
counseling, and a multitude of services at little to no cost to seniors.
Persons with Disabilities
Physical, mental, and/or developmental disabilities are impairments that substantially limit life activities and make it difficult to care for oneself. Because of that, persons with disabilities have special housing needs. Many disabled persons live on fixed incomes, thus limiting their ability to afford housing. Persons with a disability may also have limited housing choices (e.g., single-story homes or projects with elevators). Someone with a visual impairment may require a home that allows service animals.
Recent Census estimates reported that the most prevalent types of disabilities for Upland residents were ambulatory and independent living disabilities (Figure H-16). Of those aged 65 and over, ambulatory difficulties were the most common type of disability, with approximately 25% of Upland seniors affected (Figure H-17). As seen in Table H-6, over one-third of those with a disability in Upland were employed.
Housing opportunities for persons with disabilities can be maximized through housing assistance programs and universal design features such as widened doorways, ramps, lowered countertops, single-level units and ground floor units.
The Housing Plan addresses the housing needs of persons with disabilities through Program 2: HOME Improvement, Program 3: Emergency Repairs for Homeowners, Program 8: Accessory Dwelling Units, Program 12: Rental Housing Assistance, Program 14: Mobile Home Rent Stabilization, Program 15: Affordable
1 https://www.uplandca.gov/gibson-senior-center
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City of Upland General Plan | Housing Element Page H-24 Housing at Risk of Conversion to Market Rate, Program 16: Homeless Services and Facilities, Program 18:
Housing for People with Disabilities or other Special Needs, and Program 19: Affirmatively Furthering Fair Housing.
The Emergency Repair Program (ERP), which is funded with the City’s share of CDBG, provides a grant up to $15,000 to make emergency repairs and/or code violations corrections, but also includes addressing Americans with Disabilities Act (ADA) such as ramps, widening doorways, and any other improvements necessary to comply with ADA improvements for disabled persons who are on fixed incomes and make up to 80% of the Area Median Income.
Figure H-16 Disabilities by Type – Upland
Figure H-17 Disabilities by Type for Seniors 65+ – Upland
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City of Upland General Plan | Housing Element Page H-25 Table H-5Table H-6 Disabilities by Employment Status – Upland With a Disability Percent of Total No Disability Percent of Total Employed 1,488 37% 33,258 76%
Unemployed 262 7% 1,893 4%
Not in Labor Force 2,222 56% 8,880 20%
Total 3,972 44,031
Source: American Community Survey, 2014-2018 5-year estimates
Developmental Disabilities
State law defines "Developmental disability" to mean a disability that originates before an individual attains age 18 years, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual. As defined by the Director of Developmental Services, in consultation with the Superintendent of Public Instruction, this term shall include mental retardation, cerebral palsy, epilepsy, and autism. This term shall also include disabling conditions found to be closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, but shall not include other handicapping conditions that are solely physical in nature.
The California Department of Developmental Services (DDS) provides community services to persons with developmental disables and their families through a system of regional centers. In San Bernardino County, the Inland Regional Center (IRC) is the local service provider for the State Department of Developmental Services.
The center provides access to a variety of resources such as educational, employment, health, and housing to persons with developmental disabilities. The IRC coordinates housing programs with In-Home Supportive Services (through the County Department of Aging and Adult Services) and family support services such as respite, for persons living at home with the family. Respite services may include a behavior modification specialist and educational services. The IRC also provides transportation vouchers. Recent DDS data for persons in Upland is provided in Table H-7.
Many persons with developmental disabilities may live independently with minimal supervision. Others may live in a group facility with some supervision, while more severe conditions may require institutional living with regular supervision.
Table H-6Table H-7 Developmental Disabilities – Upland
By Residence
Home of parent/family/guardian 455
Independent/supported living 31
Community care facility 30
Intermediate care facility 85
Foster/family home 19
Other 5
By Age
0-17 years 625
18+ years 297
Total 1,547
California DDS consumer count by California ZIP code, age group, and residence type for the end of June 2019. Data available in 161/197 SCAG jurisdictions
Upland has a variety of services available for people with disabilities. Centerbest Neurofeedback Centers for Success, Scheu Family YMCA, OPARC, and Easter Seals Child Development Center provide programs to
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City of Upland General Plan | Housing Element Page H-26 enhance the independent living skills for those with a disability. Services may include advocacy, counseling, employment assistance, housing referrals, and transportation to medical appointments.
Large Families
Household size is an indicator of need for large units. Large households are defined as those with five or more members. Among both owners and renters, more than half of all households have only one or two members.
According to recent Census estimates, about 12% of all households in Upland had five or more members.
Families with five or more persons require larger units with four three or more bedrooms in order to avoid overcrowding.
The Housing Plan addresses the needs of large families, particularly those with lower incomes, through Program 2: HOME Improvement, Program 3: Emergency Repairs for Homeowners, Program 12: Rental Housing Assistance, Program 14: Mobile Home Rent Stabilization, Program 15: Affordable Housing at Risk of Conversion to Market Rate and Program 19: Affirmatively Furthering Fair Housing. The City’s Home Improvement Program (HIP) provides a deferred low or no interest loans (silent seconds) of up to $90,000 to low-income households with incomes up to 80% of the Area Median Income for owner-occupied homes. The City uses its CalHOME and HOME funds for this program. The HIP would enable large family household to expand the number of bedrooms to help address overcrowding.
Female-Headed Households
Female headed households typically have greater housing needs than other households due to their limited income and higher expenses. According to recent Census Bureau estimates (Figure H-18), approximately 14% of Upland households are female-headed (compared to 14% in the SCAG region), 6% are female-headed and with children (compared to 7% in the SCAG region), and 0.6% are female-headed and with children under 6 (compared to 1% in the SCAG region).
Figure H-18 Female Headed Households – Upland
It is estimated that about 7% percent of Upland's households are experiencing poverty, compared to 8% of all households in the SCAG region. Nearly half of Upland households below the poverty line were female-headed households (Figure H-19).
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City of Upland General Plan | Housing Element Page H-27 Figure H-19 Female Headed Households by Poverty Status – Upland
The Housing Plan addresses the needs of female headed households, particularly those with lower incomes, through Program 2: HOME Improvement, Program 3: Emergency Repairs for Homeowners, Program 12:
Rental Housing Assistance, Program 14: Mobile Home Rent Stabilization, Program 15: Affordable Housing at Risk of Conversion to Market Rate and Program 19: Affirmatively Furthering Fair Housing.
Farmworkers
Unlike most areas of the Southern California metropolitan area, agriculture is still a significant componen t of the economy in San Bernardino County; however, over the past several decades agriculture has diminished in importance in Upland and adjacent areas. Recent Census estimates for agricultural employment in Upland published by SCAG in its HCD pre-approved data set (Figure H-20) shows that there were only about 24 full- time year-round jobs in the farming/fishing/forestry occupations. Since commercial agriculture is not a permitted use in any zoning district, the agricultural employee housingProgram 18 is included in the Housing Plan to ensure compliance with the Employee Housing Act, are not applicable to Upland. and other Pprograms intended to assist lower-income persons and households would also serve any agricultural workers who may live in Upland.
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City of Upland General Plan | Housing Element Page H-28 Figure H-20 Agricultural Employment – Upland
Homelessness
Homeless persons are defined as those who lack a fixed and adequate residence. Homelessness is a pressing issue for many communities, and the varied dimensions involved have implications for housing programs.
People who are homeless may be chronically homeless (perhaps due to substance abuse) or situationally homeless resulting from job loss, family strife, incarceration, or violence. Homeless people face critical housing challenges due to their very low incomes and other problems.
Counting the homeless population is problematic due to its transient nature. According to the 2020 San Bernardino County Homeless Count and Subpopulation Survey Report2 there were 44 unsheltered and no sheltered homeless persons in Upland at the time of the survey.
Housing accommodations for homeless people include emergency shelters, navigation centers, transitional housing, and permanent supportive housing. The City helps to support the establishment and operation of these types of facilities by ensuring that City regulations are consistent with current law (see Program 18:
Housing for People with Disabilities or other Special Needs). Facilities serving the homeless in Upland are briefly summarized below.
• Foothill Family Shelter. Foothill Family Shelter is the primary facility serving Upland’s homeless. This facility provides emergency shelter, transitional housing, and permanent housing in one center for homeless individuals and families. It includes 75 emergency beds, 7 short-term apartments for homeless families with children, 12 transitional housing apartments, and 8 apartments for affordable permanent housing. • Pacific Lifeline Ministry. Pacific Lifeline Ministry in Upland is a faith-based ministry that empowers women and children facing chronic homelessness to achieve personal and social stability. Pacific Lifeline provides 28 beds for women and their young children at a transitional shelter in Upland. As part of the
2 https://wp.sbcounty.gov/dbh/sbchp/wp-content/uploads/sites/2/2020/04/2020-SBC-Homeless-Count-Report.pdf
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City of Upland General Plan | Housing Element Page H-29 transitional housing, Pacific Lifeline provides services that include case management, individual group and family therapy, tutoring and counseling services, clothes, food, and limited housing services. • Substance abuse. Inland Valley Recovery Services provides a number of programs for the Upland community. The Women and Children Program/Staying Sober provides a support base for recovering parents to restore relationships with children. IVRS also offers residential treatment in a 75-bed treatment center in Upland.
• Service agencies. Inland Valley Hope Partners provides emergency assistance with food, utilities, and educational classes. Other groups, such as OUR Homeless, links local ministries to community service providers and other congregations implementing solutions to ending homelessness on the west end of San Bernardino County.
• Housing Authority. The County Housing Authority (HACSB) has jurisdiction over a number of housing voucher programs, including those for homeless people. The Upland Housing Authority entered into an memorandum of understanding (MOU) with the San Bernardino County Housing Authority (HACSB) to administer housing assistance contracts with landlords in the City of Upland for applicants/participants of HACSB special purpose homeless voucher programs (Housing Opportunities for Persons with AIDS, Shelter Plus Care, Veterans Affairs Supportive Housing).
D. Affordable Housing at Risk of Conversion
Affordable housing that has received public subsidies in return for long-term affordability covenants represents a significant component of the City of Upland’s affordable housing inventory. Assisted lower-income rental units that could convert to market rate due to the expiration of covenants or prepayment of mortgage are considered to be “at-risk” of conversion. Table H-8 summarizes publicly assisted affordable projects in Upland and identifies those that are at risk of conversion during the 2021-2031 period.
Table H-7Table H-8 Publicly Assisted Lower Income Rental Units in Upland Project
Project Characteristics
Target Group Total Units
Affordable
Units Unit Size
Project
Funding
Expiration Date
of Covenants
Richland Apts. Family 33 8 LI 2 BR HOME 2022
Sycamore Terrace Senior 100 100 VLI 1 BR LIHTC, HUD 2069 Northwoods Family 324 64 LI 2 BR MRB 2024
Arbor Park Family 260 104 LI 2 BR MRB 2028
Sunset Ridge1 Family 108 16 VLI 1 & 2 BR MRB, RDA 2037
Village Apts 1 Family 72 20 VLI 1 & 2 BR MRB, RDA 2037
Alpine Woods Family 137 136 LI 1 & 2 BR LIHTC 2053
Magnolia Colony1 Family 40 18 VL; 18 LI
36 Moderate
2 & 3 BR HOME, RDA 2058
Coy D. Estes Senior 130 110 LI
20 Moderate
1 & 2 BR LIHTC, HUD,
CalHFA
2051
Los Olivos Family 97 97 VLI 2 BR Public Housing Permanent 9th Street Terrace Family 24 24 VLI 1 & 2 BR Section 8 Permanent FFS Family 20 13VL; 7 LI 2 BR RDA 2058
Source: CHPC and City of Upland, 2021
VLI: Very low income
LI: Low income
HUD2: Dept. of Housing and Urban Development
HOME: Federal Home Investment Partnership Funds
MRB: Mortgage Revenue Bonds
LIHTC: Low Income Housing Tax Credit
RDA: Upland Redevelopment Agency
Section 8: Federal Housing Voucher program
1Projects owned by the City of Upland
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City of Upland General Plan | Housing Element Page H-30 At-Risk Status
Three developments with 176 lower-income units are at risk of converting to market rate during the 2021 to 2031 period.
Preservation and Replacement Alternatives
Options for preserving or replacing at-risk units are described below. The cost to preserve affordable multiple- family housing depends on market rents, availability of funding sources, and the administrative capacity of housing organizations.
Project Acquisition
The estimated market value of the 176 at-risk units is approximately $48 million. The actual property values will change over time based on market conditions, property conditions, and other factors.
Purchase of Affordability Covenants
As an alternative to project acquisition, the affordability of at-risk projects could be extended through the purchase of affordability covenants. Based on current market conditions, the estimated cost of purchasing affordability covenants ranges from $400,000 to $725,000 per unit, or a total cost of approximately $70.4 to $127.6 million.
Rental Subsidies
The third option for preserving affordable units is to provide rental assistance. Rent subsidies could be structured similar to the Section 8 program, where HUD pays the difference between what tenants can afford (defined as 30% of household income) and HUD’s estimates of the fair market rent. The feasibility of this alternative is highly dependent upon the availability of reliable funding sources necessary to make rent subsidies and the willingness of property owners to participate in the program. The cost of subsidizing rents at 176 at- risk units is estimated to be $8.8 million per year.
Construction of Replacement Units
The construction of new low-income housing units is a costly means of replacing the at-risk units should they be converted to market-rate units. The cost of developing housing depends upon a variety of factors, including density, unit size, location, land costs, and type of construction. Assuming an average construction cost of $310,000 per unit (including the cost of land), the total cost of developing 176 new low-income units is estimated to be approximately $54.6 million.
Qualified Entities
Entities having the capacity to acquire and/or manage affordable housing projects in Upland include the San Bernardino County Housing Authority, National CORE, Abode, A Community of Friends, Jamboree Housing Corporation and many others posted on HCD’s Public Lands for Affordable Housing Development web page.3
3 https://www.hcd.ca.gov/community-development/public-lands-for-affordable-housing-development.shtml
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City of Upland General Plan | Housing Element Page H-31 Funding Sources
Potential funding sources that may be used to preserve affordable housing include Low Income Housing Tax Credits (LIHTC), Federal CDBG and HOME funds, CalHOME and other State affordable housing programs, and the City’s Housing Fund.
E. 2021-2029 Housing Needs
California law requires local governments to facilitate and encourage the production of housing to accommodate population and employment growth. To assist in that effort, the Southern California Association of Governments (SCAG) prepares housing planning goals for each city as part of the RHNA pursuant to criteria established State law, including household growth, existing needs such as overpayment and overcrowding, proximity to transportation, replacement of housing units expected to be lost, and vacancy rates.
The total housing need is distributed among income categories as shown in Table H-9 Figure H-8. SCAG’s detailed methodology used in preparing the RHNA is posted at https://scag.ca.gov/rhna .
Table H-8Table H-9 Upland Regional Housing Needs Allocation, 2021–2029 Income Category Definition
RHNA Allocation
Number of Units Percentage
Extremely Low* 30% or less of MFI 792 14%
Very Low* 31–50% of MFI 792 14%
Low 51–80% of MFI 959 17%
Moderate 81–120% of MFI 1,013 18%
Above Moderate above 120% of MFI 2,130 37%
Total 5,686 100%
Source: Southern California Association of Governments, 3/4/2021.
Note: Extremely-low-income units are estimated as half of the very-low-income need, pursuant to Government Code Sec. 65583(a)(1).
The City’s strategy for accommodating future housing needs is discussed in Section 4.
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City of Upland General Plan | Housing Element Page H-32
3. CONSTRAINTS ANALYSIS
This chapter contains an analysis of potential and actual market, governmental, and environmental constraints to the production, maintenance, and improvement of housing for persons of all income levels, including persons with disabilities.
A. Market Constraints
In recent years, communities have seen a decline in the number of new housing units built due to a variety of factors including limited supply of buildable land, labor shortages, the rising cost of materials, and the business strategies of developers and homebuilders. This section analyzes the impact of market factors on the development of new and affordable housing. Cities have little control over many of these factors.
Development Cost
Development cost is a major constraint that affects the feasibility of building housing. Land costs include the cost of raw land and site improvements (e.g., grading and installation of infrastructure). If an existing use is on the parcel, the developer must also factor in the cost of demolition and site cleanup. Other factors affecting land cost include the decline in availability of buildable sites without major site constraints such as environmental hazards and sensitive habitat areas.
Upland is a nearly built-out community. As the remaining supply of buildable vacant land is exhausted, development will shift to underutilized properties where higher-value uses will support the additional cost of redevelopment. Based on recent property sales, the typical cost of land in Upland is estimated to be approximately $14 to $16 per square foot for single-family property and $28 to $30 per square foot for multi- family property.
Housing construction constitutes a substantial portion of construction costs. The typical cost of new housing construction can range from $150 to $200 per square foot but can be much higher for luxury homes or developments on difficult sites such as slopes.
Access to Financing
Changes in construction lending practices for housing projects have had a significant impact on the financial feasibility of new construction. In past decades, housing developers could receive construction loans for 100% or more of a project’s estimated future value. Following the housing market crash of the early 1990s, financial institutions tightened regulations for approving construction loans. After the boom period of the early to mid- 2000s, this cycle repeated itself during the late 2000s. Loan underwriting has grown more conservative, with higher equity requirements and smaller “phases” of large development projects.
Upland is similar to most other California communities with regard to private sector homebuyer financing programs. For those homebuyers with good credit who can qualify, interest rates are currently at historic lows, which improves housing affordability. If grant funding allows, the City also assists homebuyers in financing home purchases through low-interest loans (see Program 11 in Section 5 - Housing Plan).
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City of Upland General Plan | Housing Element Page H-33 Development Fees
The City of Upland, like other California communities, charges fees to cover the cost of processing development applications and also charges development impact fees to finance the construction of adequate public facilities, water and sanitation treatment, and other infrastructure needed to support new residential developments. These fees are updated periodically and are based on the City’s cost in processing applications, pursuant to the requirements of State law. Development impact fees are assessed through a pro-rata share system, based on the magnitude of the project’s impact. Table H-10 shows the typical fees charged for residential developments.
Table H-9Table H-10 Development Fees, City of Upland
Fee Category
Amount of Fee
Single Family Multiple Family
Planning & Building Permit Fees
Development Plan (Architectural & Site Design) N/A $4,300 Administrative Use Permit N/A $3,000
Conditional Use Permit N/A $3,975
Tentative Parcel Map
Tentative Tract Map
$7,135
$8,000 plus $25 per lot
General Plan amendment $6,900
Zone change/specific plan $7,650
Variance $6,300
Building Permit Fees $3,274 – 11,810
CEQA Review
Environmental Exemption $750
Negative Declaration $2,050
Environmental Impact Report Actual EIR cost
Development Impact Fees
General government $993 per unit $853 per unit
Parks $10,700 per unit $9,182 per unit
Water $3,768 per unit $2,900 per unit
Police $902 per unit $774 per unit
Drainage $2,856 per unit $2,315 per unit
City Sewer Connection $5,978 per unit $918 per unit
Estimated Total Fees $30,000 $21,000
Est. total fees as proportion of total development cost1 4% 4% Source: City of Upland, 2021
Notes:
1. Based on a total development cost of $750,000 for single-family and $500,000 for multi-family B. Land Use Controls
This section describes the City’s land use and development regulations that affect the location, density, and types of permitted residential land uses in Upland. This section also sets the foundation for identifying sites for housing in the land inventory.
General Plan Land Use
Each city and county in California must prepare a comprehensive, long-term general plan to guide its future.
The land use element of the general plan establishes the basic land uses and density of development within the various areas of the city. Under State law, the general plan elements must be internally consistent, and zoning
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City of Upland General Plan | Housing Element Page H-34 must be consistent with the general plan. Thus, the land use plan must provide suitable locations and densities to implement the policies of the housing element.
Upland’s General Plan is the blueprint for the growth and development of the community. The General Plan was comprehensively updated in 2015 and provides six residential land use designations tailored to different locations in the city. To encourage additional housing opportunities in focused areas of the community, the General Plan Land Use Element also allows stand-alone high-density residential uses and mixed uses in two mixed-use designations—the Business/Residential Mixed-Use and Commercial/Residential Mixed-Use land use districts.
Table H-11 describes the primary General Plan land use designations allowing housing, the intensity and density of uses allowed, and primary residential uses.
Table H-10Table H-11 Land Use Designations Allowing Housing General Plan Designation Permitted Density Primary Residential Use Allowed Single-Family Low 0–4 units per acre Single-family detached units Single-Family Medium 4–10 units per acre Single-family detached units Mobile Home 8–14 units per acre Mobile home parks
Multi-Family Low 10–20 units per acre Multi-family units (i.e., duplexes, triplexes, townhomes) Multi-Family Medium 20–30 units per acre Multi-family units (i.e., stacked flats, etc.) Multi-Family High 30–40 units per acre Multi-family attached units (i.e., stacked flats) Business/Residential Mixed-Use
20 units max Areas in which business and/or light industrial uses are compatible with multi-family or single-family residential Commercial/Residential Mixed-Use 20 units max Combination of retail, service commercial and medium-density multi-family residential
Source: City of Upland General Plan, 2021.
Specific Plans
The City of Upland has adopted several specific plans that offer a range of housing types, densities, and mix of uses. The City anticipates that much of its new residential growth will occur in these Specific Plan areas. The Specific Plans with sites identified in Appendix B to accommodate new housing needs during the planning period are summarized in Table H-12.
Table H-11Table H-12 Specific Plans Allowing Housing
Specific Plan Purpose
Historic Downtown Upland The Historic Downtown Upland Specific Plan promotes the development of housing, work places, shops, entertainment, schools, parks, and civic facilities within easy walking distance.
The plan encourages multi-family, single-family, second dwellings, live/work, mixed-use, senior housing, etc.
Colonies at San Antonio Establishes a clearly recognizable mixed-use community. The specific plan is developed with 1,050 residential units, 115 acres of commercial, and 71 acres of recreational/community uses. A key feature is a 23.5-acre retention basin surrounded by a greenbelt. Only one residential site remains in the specific plan.
The Enclave Located within the “College Heights” redevelopment area, the Enclave Specific Plan consists of approximately 19.04 gross acres along Foothill Boulevard. The Specific Plan allows up to 350 single-family attached and/or detached homes within a master planned with multiple recreation opportunities.
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City of Upland General Plan | Housing Element Page H-35 These specific plan areas and focus areas are discussed in Chapter 4, Housing Resources in relation to strategies for addressing the City’s regional housing needs.
Residential Uses by Zone
All cities are required to facilitate and encourage a range of housing types for all economic segments of the community, as well as housing to address the needs of seniors, families, those with disabilities, farmworkers, and the homeless. Zoning districts that allow residential uses are listed below and in Table H-13. As seen in this table, multi-family development currently requires either an administrative use permit for more than 3 attached units or a conditional use permit for projects with densities of more than 15 units/acre. To minimize potential constraints to multi-family development, Program 7 in the Housing Plan includes a Code amendment to eliminate the use permit requirement for multi-family housing. • RS – Residential Single-Family Low Zones
• RS-MH – Single-Family Mobile Home
• RM – Residential Multi-Family Zones (RM-10, RM-20, RM-30) • C/R-MU – Commercial Residential Mixed-Use
• B/R-MU – Business Residential Mixed-Use
• C/O MU – Commercial Office Mixed-Use
• C/I MU – Commercial Industrial Mixed-Use
Table H-12Table H-13 Permitted Uses in Zones Allowing Residential Uses Type of Unit
Zones Allowing Residential Uses
RS
Zones RS-MH
RM10
RM20
RM30 C/R MU B/R MU C/O MU C/I MU
Residential
+ Single-Family Detached P P P
+ Single-Family Attached P P P
+ Multi-Family Residential AUP* CUP AUP* CUP
+ Mobile Home Park P
+ Live/Work AUP AUP CUP CUP
+ Accessory Dwelling Units P P P
Special Needs
+ Assisted Living/Convalescent CUP CUP CUP CUP
+ Residential Care (6 or fewer) P P P
+ Residential Care (7 or more) CUP CUP
+ Senior Housing P AUP P CUP CUP
+ Single-Room Occupancy CUP CUP CUP
+ Emergency Shelter CUP CUP CUP CUP CUP
+ Supportive and Transitional
Housing (6 or fewer)
P P P CUP CUP
+ Supportive and Transitional
Housing (7 or more)
CUP CUP CUP
Source: Upland Zoning Code, 2021
* CUP if the density is over 15 units/acre
P = permitted
AUP = administrative use permit
CUP = conditional use permit
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City of Upland General Plan | Housing Element Page H-36 Single-Family Housing
Single-family housing is permitted by-right in the single-family residential zones and also the Business/Residential Mixed-Use zone. The RS-MH is intended to protect areas for mobile homes and manufactured housing.
Accessory Dwelling Units
Accessory dwelling units (ADUs) offer affordable housing opportunities for lower-income households such as seniors, caregivers, household employees and college students. The City’s ADU regulations (Municipal Code Chapter 17.37) were updated in 2021 to incorporate the current provisions of State law. ADUs are allowed by- right in all residential zones and in the B/R MU zone. To ensure that City regulations continue to encourage ADU production, Program 8 in the Housing Plan includes annual review of State ADU law and amendments to City regulations as necessary.
Mobile Home Parks
Mobile and manufactured homes provide affordable housing options for many Upland families. The city presently has approximately 865 mobile homes situated in 6 mobile home parks, one of which is age-restricted for seniors and the other five parks are not restricted. Upland’s mobile homes are relatively inexpensive, and most parks are fully occupied. The City implements a rent stabilization program for mobile home parks, helping to maintain the affordability for residents.
Manufactured Housing
According to the National Manufactured Home Construction and Safety Act of 1974, a manufactured home built and certified after June 15, 1976, and constructed on a permanent foundation may be located in any residential zone where a conventional single-family detached unit is permitted subject to the same restrictions on density and to the same property development regulations, provided it has received approval of the Architectural Review Board and receives a Certificate of Compatibility. The City complies with this act and permits manufactured homes constructed on a permanent foundation in all residential zones where single - family homes are permitted.
Multi-Family Housing
Multiple-family development (apartments and condominiums) are currently permitted with an administrative use permit (AUP) or conditional use permit (CUP) in the RM multi-family residential zones and B/R mixed- use zone. Multi-family development is also conditionally permitted in the C/R MU and C/I MU zones as part of a mixed-use development that provides a minimum of 0.25 floor area ratio of nonresidential development.
The minimum densities in the RM and MU zones are intended to facilitate higher-density multi-family residential. RM zones do not require a minimum parcel area or maximum lot coverage. To reduce potential constraints to multi-family development, Program 7 in the Housing Plan includes a Code amendment to eliminate the administrative use permit/conditional use permit requirement for multi-family housing in multi- family zones.
In the Downtown, multi-family residential uses are permitted by right in all districts, with the exception of the Pleasant View District, which is a single-family historic neighborhood. Given that Downtown is also the commercial heart of Upland, multi-family residential is only permitted on upper floors in Old Town and the
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City of Upland General Plan | Housing Element Page H-37 Historic Core except within the 1st Avenue Overlay of the Old Town District, where multi-family is permitted on the ground floor. Each multi-family project requires minimum lot dimensions, setbacks, floor area, and outdoor living space, and maximum lot coverage, development intensities, and height.
Mixed-Use Residential and Live-Work
Mixed-use projects combine nonresidential and residential uses on the same site. Mixed-use development can help reduce the effects of housing cost burden by increasing density and offering opportunities for reduced vehicular trips by walking, bicycling, or taking public transportation. The City has created four mixed-use zones to provide flexibility and facilitate mixed-use developments. In Downtown, mixed-use developments are permitted by-right in all districts with the exception of single-family residential-only districts. Table H-14 summarizes allowable uses in the three mixed-use zones that allow residential use.
Table H-14 Permitted Uses in Mixed Use Zones
Zone 100% Residential? Limitations
B/R Mixed Use Yes 0.5 max. non-residential FAR
C/R Mixed Use Yes (CUP) 1.0 max. non-residential FAR
C/I Mixed Use Yes 0.25-1.0. non-residential FAR
Stand-alone residential developments are permitted in all three mixed-use zones. While the development standards in these zones allow 100% non-residential development, non-residential FAR limits create a significant financial incentive to include a residential component and fully utilize the allowable development for each site. Recent development trends within these zones in recent years have included a variety of residential projects, including a 6-unit apartment complex, a 203-unit apartment complex, a 78-unit Live-Work development, and a 37-unit residential condominium development. This development trend indicates that residential development is viable and actively sought after by developers within the mixed-use zones, as evident by the addition of 324 new housing units to the City’s housing stock. Please see Appendix B for additional information regarding development trends in mixed-use zones.
A live-work unit is an integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity. Live-work is permitted with an administrative use permit in the C/R MU and B/R MU zones and conditionally permitted in the C/O MU and C/I MU zones.
In the Historic Downtown Specific Plan area, live-work units are permitted by-right in five of the nine districts provided the residential portion is on the upper floors.
Single Room Occupancy
Single Room Occupancy (SRO) units are one-room units intended for occupancy by a single individual. They are distinct from a studio or efficiency unit, in that a studio is a one-room unit with a kitchen and bathroom.
Although SRO units are not required to have a kitchen or bathroom, many SROs have one or the other. SROs are conditionally permitted in the C/R MU, C/O MU and C/I MU zones.
Senior Housing
Senior housing is permitted by-right in the RM zone and permitted through an administrative use permit in the C/R/MU and B/R MU zones. Senior housing is also conditionally permitted in the C/O MU and C/I MU zones. In Downtown, senior housing is permitted by-right in most districts. Senior housing developments are
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City of Upland General Plan | Housing Element Page H-38 required to provide amenities, services, and facilities to ensure the comfort, health, and recreation of elderly persons, including health and transportation services. Eligible senior housing developments can receive a density bonus pursuant to State law. In addition, reduced parking standards may be granted.
Housing for Persons with Disabilities
Persons with disabilities often require special consideration to accommodate their housing needs. City standards and procedures for addressing these needs are described below.
Residential Care Facilities
In accordance with State law, residential care facilities that serve six or fewer persons are permitted by-right in all residential zones. Larger residential care facilities and assisted living/convalescent facilities are allowed by CUP in the RM, C/R MU and B/R MU zones. Program 18 includes an amendment to the Zoning Ordinance to ensure that small residential care facilities are allowed subject to the same standards as apply to residential uses of the same type in the same zone, including mixed-use zones, and to ensure that regulations do not pose an unreasonable constraint to large residential care facilities.
Emergency Shelters and Low Barrier Navigation Centers
“Emergency shelter” means housing with minimal supportive services for the homeless, with occupancy limited to six months or less by a homeless person. The Zoning Ordinance allows emergency shelters by-right in the Light Industrial and General Industrial zones and also in the RM and MU zones with approval of a CUP.
Development standards for emergency shelters include the following:
• The applicant or operator shall submit a Management and Operation Plan for the emergency shelter for review and approval by the reviewing authority in consultation with the chief of police, as part of the application review process, prior to issuance of permits. The Operation Plan shall be based on Best Practices and include, but not be limited to:
1. A security plan;
2. List of services;
3. Staff training;
4. Client transport;
5. Ratio of staff to clients;
6. Client eligibility and intake and check out process;
7. Hours of operation;
8. Refuse collection;
9. Separation of sleeping areas and restrooms by gender and for families;
10. Bed bug prevention;
11. Enforcement of rules and procedures for disruptive clients; and
12. An outreach plan.
The Operation Plan shall remain active throughout the life of the facility. The City may inspect the facility at any time for compliance with the facility’s Operation Plan and other applicable laws and standards.
• Inability to Pay. No individual or household may be denied emergency shelter because of an inability to pay.
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City of Upland General Plan | Housing Element Page H-39 • Separation Criteria. An emergency shelter shall not be located within 300 feet of another emergency shelter, as measured from the closest property line. An emergency shelter shall be located within ½ mile of a transit stop. Emergency shelters shall be located at least 500 feet from any child care center or kindergarten through 12th grade curriculum school, as measured from the closest property line. An exception to this separation requirement may be granted if significant physical features act as barriers from said sensitive uses.
• Abutting Residential. When abutting a residential use or residentially-zoned property, all areas for shelter activities and uses, including, but not limited to, waiting and intake, personal storage, facility storage, and recreation, shall be located indoors.
• Occupancy. The number of beds shall be limited to 30. Any emergency shelter requesting more than 30 beds shall require a Conditional Use Permit, and shall find that:
1. A larger shelter facility will help meet the City’s goals pertaining to emergency housing of the homeless;
2. The circumstances of the subject property make the larger facility appropriate; and
3. Design features will minimize impacts of the surrounding area. • Parking. One (1) vehicle parking space shall be provided per five (5) beds. A covered and secured area for bicycle parking shall be provided for use by staff and clients, commensurate with demonstrated need.
• Waiting and Intake Area. A client waiting and intake area shall be provided and contain a minimum of ten (10) square feet per bed provided at the facility. The client waiting and intake area shall be screened from the public right-of-way, and shall be sufficient in size to accommodate all persons waiting to enter the facility.
• On-Site Management. On-site management shall be provided during the hours that the emergency shelter is in operation and at least one hour prior to and one hour after operation hours. • Support Services. Emergency shelters shall allocate sufficient areas on sit e, outside of any required landscape areas, to provide the following minimal support services:
1. Food preparation and dining areas;
2. Laundry facilities;
3. Restrooms and showers;
4. Areas to secure and store client belongings;
5. Indoor and outdoor recreational facilities and/or open space; and
6. A private area for providing referral services to assist shelter clients in entering programs aimed at obtaining permanent shelter and income. Referral services refers to the initial assessment of a homeless client to identify the areas in which assistance is needed, and connecting clients with appropriate off-site programs and services depending on their need. • Length of Stay. The length of stay for each individual at any emergency shelter shall not exceed ninety (90) days within a twelve (12) month period, but extensions up to a total stay of six (6) months within a twelve (12) month period may be provided if no alternative housing is available; days of stay need not be consecutive.
• Lighting. Lighting shall be provided in all exterior areas, including pathways, parking areas, courtyards, rear yard areas, and spaces between structures, and shall be directed in a manner that does not cast light onto neighboring properties.
• Trash Enclosure and Loading Zone. Each facility shall have a trash enclosure and loading zone. The trash enclosure shall be completely enclosed with masonry walls not less than five (5) feet high with a
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City of Upland General Plan | Housing Element Page H-40 solid-gated opening, and be large enough to accommodate a standard-sized trash bin adequate for use on the parcel. The trash enclosure shall be accessible to refuse collection vehicles. • Security Plan. Security shall be provided during the hours that the emergency shelter is in operation.
Security plans shall be submitted to City staff for review and approval prior to issuance of an occupancy permit. Security plans shall be resubmitted to City staff on an annual basis. • Noise Abatement. For the purposes of noise abatement in residential zoning districts, organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 10:00 p.m., and no client shall arrive to the emergency shelter after 10:00 p.m.
• Applicable Laws. The facility shall comply with all other laws, rules and regulations that apply, including Building and Fire codes. In addition, the facility is to be consistent with the Cable Airport Land Use Compatibility Plan policies and standards, particularly as it relates to protecting sensitive uses from airport related noise levels.
The Industrial Zone is a suitable location for emergency shelter facilities. The City has approximately 300 parcels zoned industrial. Approximately 25 parcels (38 acres) are significantly underutilized, and 8 parcels (23 acres) are vacant. The industrial zones are located along several public transportation routes and near the Montclair Transportation Center for convenient access. Parcels are also near commercial/professional office areas where homeless persons can access supportive services. These parcels are therefore suitable for emergency shelters.
The amount of land needed to accommodate emergency shelters depends on the number of individuals and families to be housed and the product built. Based upon the most recent homeless count of 44 unsheltered people in Upland and an emergency shelter size of 150 square feet per person, less than one acre would be sufficient to accommodate a shelter. With the potential 23 acres of industrially zoned vacant land and 38 acres of underutilized industrial land that could be adaptively reused for emergency shelters, the City has more than ample sites to accommodate the City's projected need for emergency shelters.
To ensure compliance with State law, Program 16 is included to review current development standards for emergency shelters and process a Code amendment to ensure that permit processing, development, and management standards for emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters, and are subject to the same development and management standards applicable to residential or commercial development within the same zone except for those standards prescribed by Government Code section 65583 (a)(4)(A).
AB 139 (2019) revised State law regarding parking standards for emergency shelters. To ensure that City development standards and procedures continue to provide adequate sites for emergency shelters, Program 16 includes a Zoning Code amendment to revise parking requirements for emergency shelters consistent with current law.
In 2019 the State Legislature adopted AB 101 establishing requirements related to local regulation of low barrier navigation centers, which are defined as “Housing first, low-barrier, service-enriched shelters focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.” Low Barrier means best practices to reduce barriers to entry, and may include, but is not limited to:
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City of Upland General Plan | Housing Element Page H-41 (1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth
(2) Accommodation of residents’ pets
(3) The storage of possessions
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms
Low barrier navigation centers meeting specified standards must be allowed by-right in areas zoned for mixed use and in nonresidential zones permitting multi-family uses. Chapter V includes Program 1d to address this requirement.
Transitional and Supportive Housing
California Government Code §65582(j) defines transitional housing as buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.
Supportive housing is defined as housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Target population means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people. “Supportive services” include, but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.
Program 16 in the Housing Plan includes a commitment to review current City regulations regarding transitional and supportive housing and amend regulations as necessary consistent with current law.
Agricultural Employee Housing
Under the Employee Housing Act (Health and Safety Code, § 17000 et seq.) employee housing for six or fewer employees must be treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone, and employee housing consisting of no more than 12 units or 36 beds to be permitted in the same manner as other agricultural uses in the same zone. Program 18 is included in the Housing Plan to ensure that City regulations are consistent with these requirements.
Definition of “Family”
The Zoning Code defines Family as one or more persons living together as a single housekeeping unit in a dwelling unit. Single Housekeeping Unit is defined as the functional equivalent of a traditional family, whose members are an interactive group of persons jointly occupying a single dwelling unit, including the joint use of
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City of Upland General Plan | Housing Element Page H-42 and responsibility for common areas, and sharing household activities and responsibilities (e.g., meals, chores, household maintenance, expenses, etc.) and where, if the unit is rented, all adult residents have chosen to jointly occupy the entire premises of the dwelling unit, under a single written lease with joint use and responsibility for the premises, and the makeup of the household occupying the unit is determined by the residents of the unit rather than the landlord or property manager.
Program 18 is included in the Housing Plan to review and amend this definition as necessary to ensure that it is consistent with State law and does not pose a constraint to housing for persons with special needs.
Reasonable Accommodation
State and federal fair housing law require cities to make reasonable accommodations to address the special needs of persons with disabilities when applying standards of the Municipal Code and other land use regulations to ensure equal opportunity to use and enjoy a dwelling. State and federal guidelines recommend establishing a process of reasonable accommodation to grant changes in land use, building practices, or permitting processes to allow a disabled person equal access to housing. The process should not be discretionary or achieved through a variance. Program 18 is included in the Housing Plan to establish written procedures for processing requests for reasonable accommodation.
Inclusionary Requirements
There are no inclusionary requirements in the City.
Short-term Rental Requirements
Municipal Code Chapter 17.23.1 establishes regulations for short-term rental of a dwelling unit (i.e., 30 consecutive days or less) including requirements for an administrative use permit, business license and transient occupancy registration certificate. Short-term rentals are conditionally permitted in all residential zones with the exception of RS-MH (Single Family Mobile Home).
Growth Controls
No growth controls have been adopted in Upland.
C. Development Standards
This section describes the development standards required for residential projects in Upland.
Residential Development Standards
Residential development standards are designed to promote a sustainable livable environment, with adequate space for recreation, height restrictions and setbacks to ensure privacy from adjacent homes, and minimum unit sizes to ensure adequate living areas for families. These standards are carefully devised to result in quality housing, while not placing an undue burden on residential developers to building housing in the community.
Table H-15 lists residential development standards for housing in Upland. These standards become increasingly flexible depending on the proximity to employment areas, transportation corridors, or Downtown.
As shown below, more rural areas (RS zones) have the largest minimum lot sizes and lowest lot coverage
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City of Upland General Plan | Housing Element Page H-43 standards—reflective of historical land use patterns and topography. RM zones have less restrictive lot coverage and greater building heights and density to facilitate multi-family housing. The Downtown has the smallest minimum lot sizes, greatest density, and allow the tallest buildings.
Table H-13Table H-15 Residential Development Standards
Zoning
District
Density
(du/ac)
Maximum
Building
Height
Setbacks Lot Coverage Regulations
Front Side Rear Lot Coverage
Minimum Lot
Size
RS 1 du/lot 35’ 20-40’ 5–10’ 20’ 35–50% 4,000-20,000 SF RS-MH 8–14 16’ 25’ 5’ 5’ 60% 10 acres
RM-10 5-10 40’ 20’ 5’ 15’ -- --
RM-20 10-20 40’ 20’ 5’ 15’ -- --
RM-30 15-30 40’ 20’ 5’ 15’ -- --
C/R MU 15-20 40’ 5’ 5–10’ 10’ -- 20,000 SF
B/R MU 10–20 40’ 5’ 5’ 10’ 45% for single-
family
4,000 SF
C/O MU 10–20 40’ 5’ 5’ 10’ -- 20,000 SF
C/I MU 15–20 40’ 5’ 5’ 10’ -- 20,000 SF
HDU SP 0–55 30’–55’ 0-25’ 0-25’ 0-20’ 35%–100% -
Enclave SP 12-20 45’ 8-10’ 3-10’ - - -
Source: Upland Zoning Code, 2021
Notes:
Residential development standards may different slightly in the respective specific plan areas.
Under certain circumstances (e.g., corner lot, adjacent to major highway) setbacks may be increased.
Unit Size Requirements
Upland’s development standards require a minimum floor area ranging from 1,000 to 2,000 square feet for single-family homes in RS zones. Given the wide range of RS Zones (due to topography and lot sizes), the minimum floor area increases progressively with the minimum lot size. For multiple-family residential uses, the Zoning Code requires a minimum of 600 square feet for studio and one-bedroom apartments, and an additional 200 square feet for two or more bedrooms. Senior units are allowed up to a 20% reduction in minimum unit sizes.
Open Space Requirements
Given the higher densities in multiple-family housing, such projects must include a minimum of 100 square feet of private open space per unit and on average 250 square feet of common open space per residential unit.
These minimum open space requirements are not considered a constraint to the development of housing; they are intended to provide a desired level of privacy and recreational opportunities for residents of multiple-family housing.
Density Standards and Density Bonus
Upland’s Zoning Code provides significant flexibility in the density of residential products—reflective of the topography, location, and type of development. Multiple-family housing projects are allowed at 10 to 55 dwelling units per acre depending on location. For instance, corridor housing is typically permitted at up to 20 units per acre, stand-alone residential in a multiple-family district at up to 30 units per acre, and up to 55 units per acre in the Downtown Specific Plan. As discussed later, these density standards have been successful in facilitating ownership and rental housing at a variety of densities and affordability levels.
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City of Upland General Plan | Housing Element Page H-44 As required by State law (Government Code Sec. 65915 et seq.) Chapter 17.17 of the Municipal Code establishes standards and procedures for granting a density bonus or other incentives when a development provides affordable or senior housing. State density bonus law has been amended since the current City ordinance was adopted, and Program 13 in the Housing Plan includes a provision to update the City’s density bonus regulations consistent with State law.
Height Limitations
The Zoning Code allows for a range in maximum building heights tailored to different neighborhoods and housing types. For instance, lower-density residential zones with single-family homes generally allow structures of one to two stories. Multiple-family residential zones allow structures of 40 feet and accommodate three or more stories. In the Historic Downtown, where higher residential densities are desired, the Historic Downtown Upland Specific Plan allows up to 55 feet in certain areas to accommodate higher residential densities and commercial intensities. These height allowances are comparable to other communities in the Inland Empire.
Parking Standards
Adequate parking is an important component of well-designed residential development, contributing to the value of a project, the safety of residents, its appearance, and the livability of the project. Upland’s residential parking regulations are intended to promote efficient land use, reduce street congestion and traffic hazards, promote vehicular and pedestrian safety, and improve the ability to secure financing for a new residential project.
Upland’s residential parking requirements offer reduced standards for smaller units and in areas near high- quality transit. Table H-16 provides a summary of parking requirements.
Table H-14Table H-16 Residential Parking Standards
Types of Residential Development Parking Requirements
Conventional Housing
Single-Family 2 spaces within a garage
Manufactured Housing Same as single-family units, except can be in a carport Accessory Dwelling Units 1 space in addition to that required for a single-family unit (Unless parking is waived in accordance with State law
Duplex 2 per unit
Multiple-Family Studio and 1-bedroom units: 1 for each unit in a garage 2-bedroom: 2 for each unit in a garage
3 or more bedrooms: 2.5 for each unit, including 2 in garage Guest parking: 3-50 units: 1 per 4 units; 51-100 units: 1 per 5 units; 100 + units: 1 per 6 units
Mobile Home Parks 2 for each mobile home (tandem parking allowed in an attached carport); plus 1 guest space for every 5 mobile homes [senior mobile-home parks are allowed parking concessions per Chapter 17.17 (Density Bonus Program)] Senior Housing 1 space for each unit with half the spaces covered, plus 1 guest parking space for each 10 units
Boarding houses 1 per two beds
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City of Upland General Plan | Housing Element Page H-45 Types of Residential Development Parking Requirements
Special Needs
Elderly & Long-term Care 1 space for each 3 beds the facility is licensed to provide Assisted Living 1 space for each 3 beds the facility is licensed to provide Residential Care Facilities1 --Small (6 or fewer) - 2 within a garage --Large (7 or more) - 2 within a garage; plus 1 per 300 sq. ft. of office and other non-residential areas
2 spaces, plus 1 per employee onsite at any given time
2 spaces, plus 1 per employee onsite at any given time
Emergency Shelters 1 per 300 square feet of habitable floor area, or sufficient to serve the parking demand determined in a parking study
Supportive & Transitional Housing –
small (6 or fewer in a dwelling unit)
2 per dwelling
Supportive & Transitional Housing –
large (7 or more in a dwelling unit)
1 per 3 beds plus 1 per 300 sq. ft. of office and other non-residential areas Single-Room Occupancy 1 space per unit plus 1 guest space for every 3 units Source: City of Upland Zoning Code, 2021
Notes:
1. See Program 18 to modify parking requirements for small residential care facilities consistent with State law
The Upland Zoning Code sets forth flexible standards for multiple-family residential parking that vary by the location and proposed residential use (Table H-17). Whereas all areas of the community have the same parking space requirement for studio units, the number of required parking spaces increases gradually for one- and two- bedroom units.
Table H-15Table H-17 Multiple-Family Parking Standards
Housing Characteristics
Location of Development
Mixed Use Districts Historic Downtown Outside Downtown
Type of Development Allowed Mixed Use Projects Residential and Mixed Uses Residential Only Unit Size
Studio 1 1 1
1-bedroom 1 1 1
2-bedroom 1.5 2 2
Garage Required None Required Required
Note: Guest parking is also required, which ranges between ¼ space per unit to ½ space per unit and may be uncovered.
Source: City of Upland, 2021
Recent multiple-family projects demonstrate that parking requirements have not been a significant constraint to housing production. Modifications to parking requirements are allowed in the following circumstances:
• Density bonus projects–reductions in parking spaces for projects that meet density bonus requirements
• Senior housing projects–a 50% reduction in required spaces with covered garages • Transit oriented districts– a 20% reduction in parking space requirements for projects within ¼ mile of a transit station
• Shared parking–eligible projects can receive reductions in parking for qualifying mixed-use developments
• Downtown Specific Plan. This area allows developers to propose studio or one-bedroom units with only 1.0 parking space per unit and less floor area. This is also allowed for senior units.
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City of Upland General Plan | Housing Element Page H-46 • Minor Variation. The City Development Services Director has the authority to grant a minor adjustment over the counter (defined as 10% variation) to virtually every physical development standard.
Although apartments outside the Downtown and mixed-use corridors are feasible and built at current parking and garage requirement standards, there are situations where flexibility in garage requirements may be appropriate. Therefore, the Housing Incentives Program includes a statement to amend the Zoning Code to allow half covered/ uncovered spaces for studio and 1-bedroom units in projects outside the Downtown and corridors provided the project qualifies for a density bonus or is deed-restricted as affordable.
In summary, the City’s residential development standards, either individually or cumulatively, have not deterred either the production of condominiums or apartments. Adequate provisions are also in place to allow modifications to the residential development standards based on the location, affordability, and type of residential project. Because of these factors, the City’s Zoning Code residential development requirements are not a significant constraint to the development of housing. However, to minimize constraints on housing cost, an amendment to multi-family development standards will be processed to eliminate garage parking requirements (Program 7).
Building Codes and Enforcement
The City has adopted the current (2019) Building Codes (Title 15 of the Municipal Code) with minor modifications to address local conditions. Because of the local topography and fire hazards, all newly constructed buildings of any occupancy group when the gross floor area is equal to or exceeds 5,000 square feet are required to have automatic fire sprinklers.
The City’s Building Division provides reasonable controls for construction and occupancy of buildings and structures throughout the city through the enforcement of all building-related ordinances. This division serves and protects the public with plan checking services, the issuance of permits, the keeping of building-related records, and building inspections. The division further provides information to its customers through records research, provision of informational handouts, and development consultation through all phases of a project from concept to completion.
In addition to building codes mentioned above, the City has also adopted a variety of property maintenance codes for the protection of property values and the general welfare of the community. These are in the Public Peace and Welfare Code, which addresses graffiti and unnecessary noise; the Health and Safety Code, which addresses public nuisances as well as other occupancy requirements; and the Uniform Code for the Abatement of Dangerous Buildings.
The City’s Code Enforcement Division is tasked with the responsibility of protecting property values and eliminating blight through the use of the City's Municipal Code.
Offsite and Infrastructure Requirements
After the passage of Proposition 13 and its limitation on local governments’ property tax revenues, local governments have faced increased difficulty in providing and financing appropriate public services and facilities to serve residents. In fact, one of the main consequences of Proposition 13 has been the shift in funding of new infrastructure from general tax revenues to development impact fees and improvement requirements on developers.
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City of Upland General Plan | Housing Element Page H-47 In order to ensure public health and safety, the City also requires developers to provide onsite and offsite improvements necessary to serve proposed residential projects. Requirements for on- and offsite improvements vary depending on the existing improvements, as well as the size and nature of the proposed development, but the requirements are standard and do not exceed the City’s authority under State law.
In areas where existing infrastructure is not adequate, the City requires the following improvements:
• Drainage: Including curbs and gutters, storm drains, and culverts in accordance with acceptable standards. These requirements are standard among urban communities in California. • Sidewalks and trees: Including sidewalks—of a width and quality suitable for the local neighborhood use—and parkway trees. Dimensions generally 12 feet on either side of the road, which includes 5 feet of sidewalks.
• Streets: Pavement of a width and quality suitable for local traffic. Specifications include 60’ right-of- way for residential streets and 66’ right-of-way for collectors. All other streets are already in place.
Streets within PUDs and specific plans are typically narrower than the requirements for public streets. • Water and sewer: Adequate domestic water supply, including the relocation or replacement of water mains, irrigation lines and appurtenances and appropriate sanitary sewer facilities and connections for each lot.
Energy Conservation
In 2006, the State Legislature adopted the Global Warming Solutions Act, which created the first comprehensive, state regulatory program to reduce GHG emissions to 80% below 1990 levels by 2050.
Through both SB 375 and AB32, promoting energy conservation has become a consistent theme in regulations, green building practices, and business operations. Cities across California have become increasingly involved in promoting resource conservation to make their community more environmentally sustainable.
The City of Upland encourages resource conservation as follows. • Building codes. The California Green Building Code (CALGreen) is designed to help California achieve GHG reduction goals through the planning, design, operation, construction, use, and occupancy of every new building, and to additions and alterations to nonresidential buildings.
CALGreen includes mandatory provisions to reduce water use, improve indoor air quality, divert construction waste from landfills, and inspect energy systems for nonresidential buildings. • Neighborhood design. Neighborhood design and site planning can reduce energy consumption.
Sizing and configuring lots to maximize a building’s solar orientation facilitates optimal use of passive heating and cooling techniques. Placing housing near jobs, services, and other amenities reduces energy consumption for transportation. Other design strategies with beneficial energy implications include installing broad-canopied trees for shade and clustering development to reduce auto use. The Zoning Code and Historic Downtown Specific Plan both promote sustainable development patterns to promote energy conservation.
• Green standards. The building industry offers programs to improve the energy efficiency and sustainability of housing. The BIA sponsors a voluntary program called Green Builder. The U.S. Green Building Council (USGBC) sponsors a building certification program called Leadership in Energy and
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City of Upland General Plan | Housing Element Page H-48 Environmental Design (LEED). The USGBC reviews projects for conformance based on efficiency, sustainability, materials quality, and design factors, and issues certifications based on the points achieved for sustainable practices. The Kohl’s at the Colonies and the Wells Fargo building are recent projects that received LEED Silver certification.
• Retrofits of residential buildings. Older residential buildings built before energy conservation standards provide the greatest opportunity to make a measurable difference in energy usage. To that end, the City’s Housing Improvement Program provides residential rehabilitation loans that can be used to purchase more energy-efficient upgrades to windows, insulation, and other home items.
Moreover, local utility companies also offer a wide range of incentive programs to trade in energy- inefficient appliances and receive a rebate to purchase energy-efficient models.
D.C. Permitting Process
The City of Upland has the responsibility to ensure that residential developments are of lasting quality, that housing opportunities are available, and that the public health and welfare are maintained. To that end, the Upland Municipal Code establishes standard procedures for processing applications for the development, maintenance, and improvement of housing. These processes are described in the following section.
Requests to Develop at Lower Densities
The decision on what residential densities to build to are largely market-driven as private developers strive to produce the most marketable housing. The General Plan establishes minimum densities for each of the multi- family and mixed-use residential categories and development in Upland generally falls at 75% of the maximum allowable density or above. In addition, City staff and decisionmakers, increasingly aware of the need to increase housing choice within the City, encourage applicants to propose development near the upper limits of the allowable density range. In recent years, applicants have not requested development densities substantially lower than allowed by zoning regulations.
Permit Requirements by Residential Project Type
Chapters 17.43 and 17.44 of the Zoning Ordinance establish development review procedures that balance the need for efficient and timely processing, while also recognizing that the final product should reflect quality workmanship and design.
Once a development application is deemed complete, the case planner reviews the project for conformanc e with applicable development codes, land use regulations, architectural drawings, site design, landscaping plan, design standards, and other requirements. The City provides an application and checklist that can be used to ensure that all relevant requirements and materials are submitted to the City. This ensures a timely submittal so that the project can proceed to the next step. Project review generally requires approximately one month to complete, assuming a well-prepared application.
Permit requirements are briefly described below and in Table H-18. • Single-family residential. Single-family dwellings are reviewed through plan check by the Development Services Director or designee. Total time to process permits for new single-family dwellings is typically 30 to 60 days. This assumes that the project is proposed in a zone that allows the
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City of Upland General Plan | Housing Element Page H-49 use by-right and that the project meets the minimum development and site standards in the municipal code. No specific findings or public hearing is required. • Multiple-family residential. Multi-family projects have three levels of review, depending on the zone in which the project is located and the associated permit required (i.e., P, AUP, CUP). Projects permitted by-right or an administrative use permit are reviewed by the Development Services Director or designee. For AUPs, the director may solicit technical expertise and/or convene staff from affected departments in the review of projects. If an AUP or CUP is required, the findings for approval are as described below. Total time to process AUP permits is typically 30 to 90 days. For multi-family projects requiring a CUP, the Development Services Director or his/her designee performs the initial screening and makes a recommendation to the Planning Commission for final action on the application. Required findings for approval are as described below. Total time to process a CUP for a new project is typically 3 to 6 months.
• Conditional uses. For multi-family projects and other residential projects (e.g., large residential care facilities) permitted through a CUP, the Development Services Director performs the initial screening and makes a recommendation to the Planning Commission for final action on the application. Total time to process a CUP for a new project is typically 3 to 6 months.
Although the current AUP and CUP requirements for multi-family development do not appear to have been an unreasonable constraint to development in the past, Program 7 is included in the Housing Plan to eliminate use permit requirements for conforming multi-family developments, thereby minimizing permit processing time and improving development certainty.
Table H-16Table H-18 Permit Process and Time Frame for Housing Projects Criteria
Application Review
Single-family Multi-family (AUP) Multi-family (CUP)
Application Completeness 1 month 1 month 1 month
Project Review Committee 1 month to review project
design
1 month to review project
design
1 month to review project
design
Decision-maker Regarding Project Development Services
Director
Development Services
Director
Planning Commission
Planning Commission Public Hearing N/A unless project appealed N/A unless project appealed 3 months City Council Public Hearing N/A None unless appealed None unless appealed Environmental Review and Clearance In accordance with CEQA requirements Plan Check 60 days 60 days 60 days
Total Time from Start to Building Permit 30–60 days 4–6 months 4-6 months (up to 9 with EIR)
Source: City of Upland, 2021
Environmental Review
Environmental clearance is required by the California Environmental Quality Act (CEQA). CEQA is quite prescriptive regarding the most appropriate form of clearance and the timelines for noticing, circulation, and public review. The vast majority of projects will qualify as infill and are exempt from CEQA, or the projects can be cleared through a Negative Declaration or Mitigated Negative Declaration. The time frames for this step vary widely and can typically take about 90 days. This step is often taken concurrent with permit processing.
However, if an EIR is required, it may add six months or more to the project schedule.
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City of Upland General Plan | Housing Element Page H-50 Public Review
Projects that are permitted by-right or through an AUP are not required to be noticed to the public or subject to a public hearing. Projects over 15 du/ac currently require a CUP due to the possibility for unintended impacts on surrounding homes and neighborhoods require a public hearing before a decision can made. Hearings must be scheduled within 45 days of the filing of the application. Notices are mailed to affected local agencies and landowners within 300 feet of the proposed project so that the public can attend or submit comments on the proposed project. The entire process takes approximately three months unless an appeal is filed, which would add approximately 3.5 months.
Once prior stages are complete, the application for residential development moves forward to the building permit stage. The time from entitlement approval to submittal of a building permit application can vary widely depending on the type and size of the project and other issues beyond the City’s control, such as project financing or real estate market factors. The process is relatively straightforward and requires filing an application, paying required fees, and commencing work. Overall, the time frame for obtaining permission to build residential projects in Upland is relatively short and therefore not considered an undue constraint for the vast majority of developers proposing projects in Upland. However, in order to minimize permit processing time and improve development certainty Program 7 is included in the Housing Plan to eliminate use permit requirements for multi-family development. Table H-18 summarizes current time frames for project review in Upland.
Residential Design Standards and Guidelines
Section 17.04.050 of the Zoning Ordinance establishes residential design standards and guidelines for single- and multi-family developments, which provide an added level of definition for the intended character within single and multi-family developments and establish minimum criteria for achieving a high-quality design expression in site and building design while allowing reasonable flexibility in the implementation of developments in the residential zones.
Some of the more pertinent requirements are:
• Neighborhood context. Single- and multi-family developments shall be compatible and coordinated with adjacent properties in terms of height, massing, setback, and design character. New development shall contribute to the visual quality and cohesiveness of its setting. • Site design. Single-family developments shall vary the front yard setbacks from unit to unit to avoid long repetitious development patterns. Garages shall also be set back to not dominate the front façade of the residence. For multi-family developments, buildings shall be located as close as possible to the front setback line. Where buildings are set back, enhanced landscaping shall be provided within the setback.
• Building design. Single-family homes shall avoid large, box-like structures by employing techniques such as recessed porches, bay windows, dormers, varying planes or setbacks, and varying roof forms.
The design should minimize views of garages. For multi-family projects, building massing shall be varied through techniques such as recessed porches, bay windows, dormers, varying planes or setbacks, and varying roof forms. Large masses shall be broken down to give individuality to units to be legible as individual residences or small groups of units.
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City of Upland General Plan | Housing Element Page H-51 • Outdoor living space. In multi-family projects, private open space shall be at the same level as and immediately accessible from within the unit. Outdoor living space for the shared use of residents should include lawns, courtyards, community gardens, roof gardens, pools, and play areas. Shared spaces should be accessible to all residents, provide seating areas, be lighted, relatively flat and usable, and designed to encourage social activity. When included, such public space should be provided where high levels of pedestrian and/or community activity can be expected.
In 2014, the City streamlined its design review process by repealing provisions requiring separate review by a Design Review Board. The director or designee will review the project as part of the overall development review process and solicits technical advice from other departments as appropriate before making recommendations to the Planning Commission. No separate fees are charged for design review as well. Coupled with user-friendly design guidelines, projects can be approved in a timely manner. Therefore, design review is not considered a potential constraint to residential development. However, in order to minimize potential constraints, Program 7 includes a commitment to establish objective development and design standards for qualifying residential projects.
Development Plan Review
Development Plan review is required for all new construction prior to issuance of a building permit. The Development Services Director or designee is the approving authority on all development plan review applications unless the Director refers the application to the Planning Commission. No public hearing is required for Director approval.
Required findings for approval are as follows:
1. The design and layout of the proposed project will not interfere with the use and enjoyment of existing and future neighboring properties and structures.
2. The proposed architectural design makes use of appropriate materials, texture, and color, and will remain aesthetically appealing and appropriately maintained.
3. The proposed landscaping design, including color, location, size, texture, type, and coverage of plant materials, as well as provisions for irrigation, maintenance, and protection of landscaping elements, will complement structures and provide an attractive environment.
4. The proposed design will not be materially detrimental to the public health, safety, or welfare, or be injurious to the property or improvements in the vicinity of the proposed project.
Use Permit/Administrative Use Permit
Historically, the Upland Development Code required developers of multiple-family projects to secure a conditional use permit prior to project approval. In 2015 the Development Code was reconfigured to provide more clear guidance for developers, City staff, policy makers, and residents. The Code now only requires an administrative use permit for projects with a density of 15 du/ac or less. The purpose is to provide an appropriate review of land uses and their associated operational characteristics in a particular zoning district, whose effects on a site and surroundings cannot be determined before being proposed for a specific site.
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City of Upland General Plan | Housing Element Page H-52 An application for an administrative use permit shall be filed and reviewed in compliance with Chapter 17.42 of the Code. The application shall include the information and materials specified in the Development Services Department handout for an administrative use permit application, together with all required application fees.
It is the responsibility of the applicant to provide evidence in support of the required findings.
The Development Services Director or designee shall approve, conditionally approve, or deny administrative use permit applications upon the recommendations of technical staff. However, in certain cases, the Development Services Director or designee may choose to refer any administrative use permit application to the Planning Commission for review and final decision. Unlike most discretionary approvals, no public notice and hearing is required for an administrative use permit application.
The decision-making authority may approve an application for an administrative use permit only if the proposed project complies with applicable standards in the zoning code, other City ordinances, the General Plan, and any other applicable community or specific plans, and as supported by all of the following findings:
• The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. • The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities.
• The proposed use will not be detrimental to the public health, safety, and welfare of the persons residing or working in the neighborhood of the proposed use.
The administrative use permit is not considered to be a constraint. Indeed, prior to the update, the City conditionally permitted six apartment and condominium projects, providing nearly a thousand affordable housing units. The AUP is intended to streamline the development review process and avoid unnecessary and additional reviews of projects that meet all the applicable standards in the City’s general plan and municipal codes. However, to further reduce potential constraints and improve development certainty, Program 7 is included in the Housing Plan to eliminate use permit requirements for conforming multi-family developments.
E.D. Environmental and Infrastructure Constraints
This section analyzes potential environmental conditions and infrastructure availability that could limit housing development during the 2021-2029 planning period.
Environmental Hazards
Potential environmental issues that could constrain development include wildland fire hazards, flood hazard zones and geological conditions.
• Wildland Fire Hazards. SomeA small portions of the city are is located within the Very High Fire Hazard Severity Zone as designated by Cal Fire (Figure H-21). These areas are along the City’s western edge and northeast area and do not contain a substantial portion of the City’s potential sites for future housing. Housing developments that may be located within fire hazard zones must comply with certain regulations designed to mitigate risk from wildland fires, which could increase development costs, although these requirements would not prevent the City from accommodating its share of regional housing needs.
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City of Upland General Plan | Housing Element Page H-53 • Flood Hazard Zones. Upland is located on the southerly side of the San Gabriel Mountains and small areas of the city are within washes that include designated flood hazard zones. None of the sites identified to accommodate the City’s housing needs for the planning period are with these flood hazard areas.
• Geological Conditions. A mapped Alquist-Priolo fault zone crosses the northern portion of the city. In such areas, housing developments must comply with certain regulations designed to mitigate risk from earthquakes and other geological hazards, which could increase development costs, although these requirements would not prevent the City from accommodating its share of regional housing needs.
Water Availability
The 2015 General Plan Update EIR analyzed water needs for the entire City. That analysis concluded that water supply is projected to be sufficient to accommodate housing needs through 2035.
Sewer Availability
The capacity of sewer lines and treatment facilities is projected to be sufficient to accommodate the City’s housing needs through 2029.
Dry Utilities
Dry utilities such as electric, telephone, cable and internet are provided by private companies and are expanded to meet demand as development occurs and are not a significant constraint to housing development during the 2021-2029 planning period.
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City of Upland General Plan | Housing Element Page H-54 Figure H-21 Very High Fire Hazard Severity Zone - Upland
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City of Upland General Plan | Housing Element Page H-55
4. HOUSING RESOURCES
This chapter describes the land, financial, and administrative resources available to assist Upland in addressing its housing needs.
A. Land to Accommodate New Housing Needs
To facilitate new housing production and address the community’s housing needs, cities must ensure that sufficient land with appropriate zoning is available to accommodate the amount of additional housing need as determined through the Regional Housing Needs Assessment (RHNA). The City’s land use plans and development regulations are discussed in Section 3 – Constraints. This section describesA detailed analysis of how the RHNA allocation for the 2021-2029 planning period can be accommodated is provided in , as summarized in Table H-17. Appendix B, includinges a parcel-specific analysis inventory of potential housing sites.
Table H-17 Sites Inventory Summary
Lower Moderate Above
Moderate Total
Table B2 Approved Projects 2 352 567 921
Table B3 Vacant Sites 394 77 10 482
Table B4 Underutilized Sites 711 863 5 1,579
Table B5 Candidate Sites (upzoning) 4 615 41 661
Table B6 Candidate Sites (rezoning) - 285 26 311
ADUs 145 87 20 252
Total Potential Capacity 1,256 2,279 669 4,206
RHNA (2021-2029) 2,543 1,013 2,130 5,686
Adequate Sites? (shortfall) (1,287) 1,266 (1,461) (1,480) Candidate Sites (upzoning net increase) 829
Candidate Sites (rezoning net increase) 1,317
Candidate Sites (total) 2,146
Approved Projects. New housing units approved but not yet completed (Appendix B, Table B2) are credited toward the City’s new housing need based on the expected income category of these units. Rental units were assigned to the moderate-income category while for-sale units were assigned to the above-moderate category unless affordability requirements have been established.
Vacant Sites. As a mature community, a relatively small amount of vacant developable land remains in Upland.
A parcel-specific list of vacant sites is provided in Appendix B. Potential new housing units on vacant sites are assigned to income categories based on allowable density and parcel size. Sites allowing a density of less than 15 units/acre are assigned to the above-moderate income category, while sites allowing a maximum of 15 to 29 units/acre are assigned to either the moderate or above-moderate income category. Sites that are at least ½ acre in size and where a density of 30+ units/acre is allowed may be assigned to any income category based on the “default density” specified in State law. Small sites less than ½ acre are assigned to either the moderate or above-moderate category. The realistic development capacity of sites zoned for residential use only (i.e., where non-residential or mixed uses are not allowed) was conservatively estimated as 80% of the allowable density, while the capacity of sites permitting mixed use was estimated at only 50% of the allowable density.
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City of Upland General Plan | Housing Element Page H-56 Underutilized Sites. As with many urbanized cities of Southern California, a significant portion of new residential development in Upland is expected to occur on “underutilized” properties where the existing uses can be replaced with higher-value development. Most of these underutilized properties are in the Downtown or the Focus Areas identified in the General Plan Land Use Element and discussed previously in Section 3. As housing values have increased and the supply of buildable vacant land has been nearly exhausted, redevelopment of these areas has become financially feasible. Underutilized sites designated for residential or mixed-use development are listed in Appendix B. The City’s assumptions regarding the income categories and realistic capacity for underutilized sites are the same as for vacant sites described above.
Accessory Dwelling Units. Under State law, two accessory dwelling units (ADUs) – one ADU and one “junior ADU” – may be permitted on most single-family residential lots. ADUs represent a significant source of new affordable housing that can be created within the fabric of existing residential neighborhoods.
In December 2020, SCAG published a study of ADU affordability in Southern California4 and concluded that a significant portion of ADUs built recently have been affordable to low- and moderate-income households.
SCAG determined that the following affordability assumptions are appropriate for San Bernardino County:
Very Low Low Moderate Above Moderate
23% 35% 35% 8%
Source: SCAG 2020
ADU permits have steadily increased during the 2018-2021 period in Upland as follows:
• 2018: none
• 2019: 14 units
• 2020: 41 units
• 2021: 71 units
This 4-year trend shows that interest in ADU construction has increased significantly as homeowners have become familiar with the new regulations and the options provided for ADUs. Based on this trend and SCAG’s analysis, it is assumed that an average of 31.5 ADUs per year (total of 252 during the 8-year planning period) will be produced in the income categories shown in Table H-17.
Candidate Sites for Upzoning or Rezoning. As seen in Table H-17, the current capacity for additional housing is insufficient to accommodate the RHNA allocation in all income categories. As required by Government Code Sec. 65583(c)(1) candidate sites have been identified for either “upzoning” (i.e., increasing the allowable density for residentially zoned properties) or “rezoning” (i.e., changing the zoning designation from a non-residential designation to a residential or mixed-use designation). Appendix B includes a parcel- specific listing of candidate sites to be considered for upzoning or rezoning as described in Program 6 in Chapter 5 - Housing Plan. The selection of candidate sites is based on the following factors:
• Residential development interest expressed by property owners or developers • Site conditions indicating a property is suitable for development or redevelopment during the planning period, such as vacant buildings, for sale/for lease signs, low improvements-to-land (I/L) value ratio,
4 https://scag.ca.gov/sites/main/files/file-attachments/adu_affordability_analysis_120120v2.pdf?1606868527
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City of Upland General Plan | Housing Element Page H-57 buildings more than 30 years old, signs of deferred maintenance or deterioration, or low site utilization (i.e., current building floor area compared to market potential) • Proximity to public transportation, employment and educational opportunities, and urban services such as shopping, medical facilities and parks
• No incompatible uses or adverse development conditions such as high noise levels, heavy truck traffic, sensitive biological habitat, flood hazards or wildland fire hazards Market Trends
Recent approved projects and property owner inquiries indicate strong interest high-density multi-family residential development in Upland. Examples include the following:
• This 4-story condominium development was approved at a density of 45 units/acre in The Colonies Planning Area 4. The zoning for this site is Specific Plan/Mixed Use.
• Immediately adjacent to the 4-story condominium development in The Colonies Planning Area 4 is this approved 7-story apartment project at a density of 47 units/acre. The zoning for this site is Specific Plan/Mixed Use.
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City of Upland General Plan | Housing Element Page H-58
• A 4-story 111-unit apartment project was approved at a density of 48 units/acre in the Historic Downtown Upland Specific Plan near the Metrolink Station. The site was created through the consolidation of 9 separate parcels totaling 2.3 acres. The project density is 88% of the maximum 55 units/acre allowed in this district.
• Preliminary discussions regarding affordable and permanent supportive housing developments at a density of approximately 70 units/acre in the Historic Downtown Upland Specific Plan. • Preliminary discussions regarding a 4-story 141-unit apartment project at a density of 55 units/acre (100% of maximum) in the Historic Downtown Upland Specific Plan. The property is currently occupied with older commercial buildings.
• Preliminary discussions regarding a 199-unit expansion of a senior apartment project at a density of 32 units/acre.
Environmental Hazards and Availability of Infrastructure As part of the sites analysis process the City reviewed environmental hazards and the availability of infrastructure to determine whether these issues could prevent the City from achieving the assigned housing need.
Environmental Hazards
None of the potential housing sites identified for the Regional Housing Needs Allocation are known to have environmental constraints that would preclude the development of housing. As reflected in each of the individual specific plan EIRs, none of the sites is on a fault, in an Alquist-Priolo zone, or in a 100-year flood plain. None of the sites is located on prime farmland or currently used for agricultural purposes. Several sites may be located on ground suitable for mining, but the sites are no longer used for active mining.
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City of Upland General Plan | Housing Element Page H-59 Water Availability
The 2015 General Plan Update EIR projects water needs for the whole City (including development in the four specific plan areas with the housing inventory sites). In 2030, the City will need 23,141 acre-feet per year of water, according to the 2020 Upland Urban Water Management Plan. The dry-year scenario projects a supply of 24,662 AFY in 2030 and 25,689 AFY in 2035. Based on that analysis, the City is expected to have enough water to serve projected housing needs during the planning period.
Sewer Availability
The 2015 General Plan Update EIR analyzed the capacity of sewer lines and treatment facilities based on residential and non-residential build-out estimates would only require additional sewerage flow of 1.32 mgd over existing conditions or an annual increase of approximately 0.066 mgd per year over 20 years. The EIR concluded that no significant impact to sewer facilities associate with General Plan build-out is anticipated, as demands on the local sewer system can be mitigated. The EIR indicated a need to upgrade certain local lateral sewer lines on a case-by-case basis, but no costly force mains, main trunk lines, or similar infrastructure are necessary. Upgrades to laterals are financed through the payment of sewer impact fees, which is common for any new apartment project.
Therefore, water and sewer infrastructure capacity is sufficient to accommodate the construction of new housing commensurate with the City’s assigned housing needs during the planning period.
B. Financial and Administrative Resources
Upland has access to local, state, and federal financial administrative resources to fund the construction, improvement, and maintenance of housing or the administration of programs. Some of the primary funding sources and organizations are described below.
Financial Resources
Financial resources to provide housing assistance are summarized below. • Community development block grants. CDBG is the largest federal housing-related program for affordable housing. Cities with populations of over 50,000 receive CDBG funds directly from HUD, while smaller cities usually use County-administered CDBG funds. HUD makes allocations based on a formula that takes population, poverty, and housing distress into account. CDBG funds are used for eligible activities aimed at reducing costs for private development (helping fund site acquisition, improvement, and other soft costs); housing acquisition and rehabilitation through short and long-term loans, grants or loan guarantees; direct payment of rent or mortgage and housing counseling services; and fair housing activities.
Upland receives $675,000 annually in CDBG funds.
• State and Federal HOME. HOME is a formula-based grant that must be spent for the acquisition, construction, and rehabilitation of affordable rental and home ownership. HOME requires local governments to provide matching funds, though the matching ratio depends on the specific uses to which HOME funds are to be put. Upland does not qualify for entitlement HOME funds but rather applies to the State HCD for them. In addition, the City also periodically applies to the state for CalHome funds to support its affordable housing programs. The City uses State HOME and CalHome program income funds to support its First Time Homebuyers and HOME Improvement Programs. Before Upland can apply for additional HOME dollars, staff must expend the $1.25 million of program income the City has on hand.
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City of Upland General Plan | Housing Element Page H-60 CalHome funds for these programs are no longer available from the State. However, the City has $550,000 of reuse funds available for the same programs.
• Rental housing choice vouchers (formerly Section 8). The federal housing choice voucher program is rental assistance provided to lower income households that allows a household to afford to rent a unit. The voucher amount equals the difference between what a household can afford to pay (up to 30% of monthly income) and the fair market rent. The vouchers are typically granted to individuals who can use the voucher at any apartment project where the property owner accepts the voucher. Although this long-standing federal assistance program is not expected to increase in size, it remains an important affordable housing program. The housing choice voucher program in Upland is administered by the Upland Housing Authority, managed by the Housing Authority of San Bernadino County, which receives approximately $6.2 million annually to administer the housing voucher program. • Tax exempt multi-family revenue bonds. The construction, acquisition, and rehabilitation of multi- family rental housing developments can be funded by tax exempt bonds which provide a lower interest rate than is available through conventional financing. Projects financed through these bonds are required to set aside 20% of the units for occupancy by very-low-income households or 40% of the units to be set aside for households at 60% of the area median income. Tax exempt bonds for multi-family housing may also be issued to refinance existing tax-exempt debts, which are referred to as a refunding bond issue. The City has several bond-funded affordable housing projects in the community. • Housing fund. Upland owns three multiple-family housing projects funded through mortgage revenue bonds and former redevelopment funds. Due to the low cost of bond refinancing completed in 2007, these apartment projects provide net positive revenues after all operating and long-term expenses on the apartment projects are paid. These projects include Sunset Ridge, Village Apartments, and Magnolia Colony, which provide approximately $2.4 million net annually. The funding is used to support monitoring, implementation and preservation of existing affordable housing units. Although these projects provide a sizable amount for operating the City’s housing programs, the long-term viability of this source is uncertain. • Enforceable obligations. The City of Upland historically set aside $1.26 million in redevelopment tax increment financing to provide funding for the Coy D. Estes senior project. Upon dissolution of the Redevelopment Agency, the City petitioned that these funds should be deemed to be an enforceable obligation. The Department of Finance concurred, and the RDA tax increment funds were granted for this project. It is important to note that these are one-time funds and cannot be used for purposes other than the Coy D. Estes project. Upon the use of funds, the City will not have additional redevelopment tax increment funds that can be used to fund the development of new affordable housing.
Administrative Resources
The following agencies and organizations assist the City of Upland in implementing a variety of housing programs and activities.
• Upland Development Services. The Development Services Department facilitates the orderly physical and economic development of the City. Following closure of RDA, the department assumed their responsibilities. The Development Services Department administers advance planning, current planning, building permitting, and building inspection programs in compliance with local, state, and federal requirements. The Building Division provides reasonable controls for construction, occupancy, and maintenance of buildings and structures throughout the community. The department also implements
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City of Upland General Plan | Housing Element Page H-61 programs that promote economic and housing development projects, emphasizing those that produce jobs, build infrastructure, expand the City's tax base, and/or provide housing. • Nonprofit Housing Developers. The City of Upland works with nonprofit partners to assist in administering programs or furthering housing goals. The City has partnered with Upland Community Housing to develop 72 affordable assisted living units for the elderly in Downtown and to develop the 131- unit Coy D. Estes Senior Apartments project. The City works with the Foothill Family Shelter to provide emergency shelter, transitional housing, and services to homeless residents. The City also assisted the shelter with the acquisition and rehabilitation of 44 units of permanent affordable housing in the Magnolia Colony project. Nonprofit affordable housing developers are a key asset for any community. • Upland Housing Authority. The Upland Housing Authority (UHA) is responsible for management of a public housing development of 97 units and administration of the City's rental assistance program (Section 8 Housing Choice Vouchers). This program encompasses more than 619 housing choice vouchers at an annual value of $6.2 million. The housing authority also manages the Public Housing Modernization Program. Coupled with the City’s publicly assisted multiple-family projects, these two efforts are the largest providers of affordable housing for residents. Given the demise of redevelopment, many cities are considering options for enhancing cooperation with housing authorities for implementing or managing affordable housing programs for residents.
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City of Upland General Plan | Housing Element Page H-62
5. HOUSING PLAN
This chapter describes the goals, policies, programs and objectives to address the City’s housing needs for the 2021-2029 planning period. The Plan addresses the issues of new housing production, rehabilitation, conservation, and assistance for current and future Upland residents.
A. Goals and Policies
The three goals around which the Housing Plan is organized are:
• Goal 1: Upland’s Neighborhoods. Strong and healthy neighborhoods with well-maintained housing, ample public services, open space, and infrastructure that provide a quality place to live. • Goal 2: Upland’s Housing Supply. A diverse supply of housing that is designed, built, and located in a manner that is consistent with the City’s land use, zoning, circulation, and open space goals. • Goal 3: Housing Assistance. Opportunities for lower- and moderate- income residents and households with special needs to rent, purchase, or maintain adequate housing in the community.
Issue #1: Housing and Neighborhood Quality
Upland residents are drawn to the community for its quality housing and the unique character of neighborhoods. Upland offers a blend of neighborhoods, ranging from traditional to more urban living experiences. Whether it is the hillside ambience of northern Upland, traditional neighborhoods of central Upland, or a more historic neighborhood setting in the Historic Downtown area, each neighborhood offers a unique lifestyle for residents. Strengthening and creating quality neighborhoods while preserving and promoting community character are essential priorities for the community. The following goal and policies further the livability of Upland’s neighborhoods.
Goal HE-1 Strong and healthy neighborhoods with well-maintained housing, ample public services, open space, and infrastructure that provide a quality place to live.
Policy HE-1.1 Housing Quality. Promote the repair, improvement, and rehabilitation of single- family housing, multiple-family housing, and mobile homes to enhance the quality of life and improve and maintain property values.
Policy HE-1.2 Historic Character. Support the maintenance and preservation of the City’s historic districts, historic homes, buffers, and other neighborhood features of local significance that lend identity to the community.
Policy HE-1.3 Neighborhood Improvement. Encourage maintenance, and upgrading of neighborhoods through property maintenance codes, graffiti abatement, high quality infill housing, and replacement of deteriorated infrastructure.
Policy HE-1.4 Neighborhood Amenities. Maintain a variety of distinctive amenities in Upland (landscape, trees, urban design, parks, etc.) that provide and enhance the beauty, identity, and form of the City’s districts and residential neighborhoods.
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City of Upland General Plan | Housing Element Page H-63 Policy HE-1.5 Neighborhood Preservation. Maintain lower-density residential designations in established low-density residential areas, unless conversion to another use is encouraged by the General Plan land use plan and policies.
Issue #2: Housing Opportunities
Upland is committed to addressing the housing needs of its residents and meeting its State-mandated responsibilities. Addressing these needs requires a multifaceted strategy. Housing needs and preferences differ for families, young and working-age adults, college students, seniors, and other groups. Therefore, the City’s housing strategy includes facilitating a wide range of quality housing products—including single-family homes, townhomes, apartments, and mixed-use residential developments where appropriate.
The City is strategically accommodating growth to address several objectives. These include preserving residential neighborhoods, supporting economic development, and managing traffic and safety concerns.
Adopted specific plans propose residential and mixed-use developments while incentives are in place to revitalize corridors and other neighborhood areas of Upland. The following goal and policies further these objectives.
Goal HE-2 A diverse supply of housing that is designed, built, and located in a manner that is consistent with land use, zoning, circulation, and open space goals of the City.
Policy HE-2.1 Housing Growth. Direct new housing growth into strategic locations that strengthen the City’s economy, maximize existing and planned infrastructure, and foster the use and development of transit and multimodal transportation. These areas include Historic Downtown, Foothill Boulevard, Southeast Quadrant, and College Heights.
Policy HE-2.2 Housing Diversity: Provide high-quality housing in a range of types, densities, and unit sizes that meet the housing needs of residents of all income levels and household types. This includes single- and multiple-family housing, senior developments, mixed- use projects, and transit-oriented developments.
Policy HE-2.3 Housing Design. Require adherence to design standards with respect to site planning, materials and colors, building treatments, landscaping, open space, parking, and environmentally sustainable design practices that adhere to standards set in general plan and design guidelines.
Policy HE-2.4: Housing Incentives. Facilitate the development of a mix of prices, types, and affordability of housing products through the implementation of flexible standards, efficient permitting process, and other assistance.
Policy HE-2.5: Natural Environment. In meeting housing needs, preserve important natural features of Upland’s environment, including hillsides and viewsheds, historic resources, habitat, landscaped amenities, and other distinctive features.
Issue #3: Housing Assistance
Upland residents exhibit a diversity of housing needs. Some Upland residents wish to purchase a new home, while others may wish to downsize to housing that is age-appropriate, such as senior housing. Younger residents may be seeking their first independent apartment. Within its resource limitations, Upland seeks to improve the
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City of Upland General Plan | Housing Element Page H-64 ability of residents to secure and maintain adequate housing. The following goal and policies serve as a guide in providing housing assistance.
Goal HE-3 Opportunities for lower- and moderate-income residents and households with special needs to rent, purchase, or maintain adequate housing in the community.
Policy HE-3.1 Rental Assistance. Continue to support the Upland Housing Authority’s efforts to provide rental assistance for individuals and families earning lower incomes and the modernization and maintenance of existing affordable housing.
Policy HE-3.2 Homebuyer Assistance. Support and increase opportunities for residents and Upland employees to achieve homeownership through the provision of financial or regulatory assistance where feasible.
Policy HE-3.3 Special Needs. Address the special housing needs of seniors, families with children, disabled people, homeless people, and others with special needs through proactive strategies aimed at housing production and assistance.
Policy HE-3.4 Collaborative Partners. Work collaboratively with nonprofit, for-profit, and faith- based organizations in the community to address the housing and supportive services of residents and those with special housing needs.
Policy HE-3.5 Affordable Housing Preservation. Support the maintenance, rehabilitation, and continued long-term preservation of publicly subsidized rental housing affordable to lower-income and special needs households.
Policy HE-3.6 Mobile Homes. Preserve the long-term affordability, condition, quality, and viability of mobile home parks in the community through rent stabilization and proactive maintenance and repair of units.
Policy HE-3.7 Fair Housing. Promote equal and fair housing opportunities for residents from all walks of life to allow for adequate choice to purchase or rent a home or live in a neighborhood that is best suited to their individual needs.
B. Housing Programs
Programs for Housing and Neighborhood Quality
Program 1: Code Enforcement
The Code Enforcement program is intended to ensure compliance with municipal codes to maintain the value and safety of property and structures. The program addresses hazardous vegetation, substandard buildings, accumulation of debris and vehicles, yard sales, graffiti, stormwater drainage, green pools, construction without a permit, land use violations, and various other health and safety codes. The City’s code enforcement officers work with residents and the business community to remedy code violations in a timely manner. The code enforcement program also includes graffiti removal. This program is essential to maintaining and improving the safety, livability, and value of properties in the City of Upland.
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City of Upland General Plan | Housing Element Page H-65 Objective(s):
• Continue to implement code enforcement activities throughout the planning period to ensure full compliance with City ordinances. Inspect up to 4,300 units annually. • Develop abatement process by October 2022 for buildings where the property owner does not remedy substandard housing conditions; utilize the Administrative Citations Ordinance to obtain code compliance.
• Refer property owners to assistance programs (e.g., Program 2) Responsible Agency: City Housing Division
Funding Source(s): CDBG Funds; General Funds
Time Frame: Ongoing
Program 2: HOME Improvement
The HOME Improvement Program provides loans of up to $90,000 to lower income households for repair work to single-family owner-occupied homes. Funds must be used to correct code deficiencies in the structure.
Eligible improvements include electrical, plumbing, kitchen and bathroom improvements, furnace and hot water heater replacement, home painting, structural upgrading, roofing, foundation and drainage improvements, disabled access, windows, doors and frames, rodent and pest extermination and repairs, fence improvements, and energy conservation. Loans are deferred at 0% or 3% interest and are due upon sale or transfer of property, 30 years or no longer occupied as a primary residence, which ever is less. The City will promote the availability of the HOME Improvement Program through the City website, word of mouth and articles in City newsletter on a yearly basis.
Objective(s):
• Provide up to 4 HIP loans annually to qualified low- and moderate-income (1 VL, 3 Low) homeowners earning less than 80% of CMFI.
• Annual outreach to developers
Responsible Agency: City Housing Division
Funding Source(s): CalHome; HOME; Housing Rent Revenues Time Frame: Ongoing; annual promotion in the City newsletter Program 3: Emergency Repairs for Homeowners
• The Emergency Repairs Program for Upland Homeowners Program provides a grant of up to $10,000 for emergency repairs. The grant is eligible for very-low-income homeowners of single-family homes, condominiums, and mobile homes. The grant can be increased to $12,000 for homeowners wishing to provide a dollar-for-dollar match above the $4,000 emergency grant limit. Qualifying home repairs include structural, mechanical, plumbing, electrical, and code violations, as well as weather-proofing, installation of low-flow toilets and smoke detectors, HVAC repairs, and accessibility improvements. This program works in tandem with the code enforcement program where income qualified homeowners who have housing units with code violations can be referred to seek grants to make necessary repairs. The City will promote the availability of the HOME Improvement Program through the City website, word of mouth and articles in City newsletter on a yearly basis.
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City of Upland General Plan | Housing Element Page H-66 Objective(s):
• Provide grants to up to 25 (VL) qualified homeowners annually to address emergency repairs; disseminate information to property owners; and seek additional funding for the program to ensure its long-term viability.
• Annual outreach to developers
Responsible Agency: City Housing Division
Funding Source(s): CDBG Funds; Housing Rent Revenues
Time Frame: Ongoing and Annual Basis
Program 4. Rental Acquisition and Rehabilitation
The Rental Acquisition and Rehabilitation Program (RARP) is designed to assist lower income tenants (whose combined family income does not exceed 80% of the County median income) by providing Upland landlords with loans to acquire multi-family units and rehabilitate their multi-family properties. The program offers zero interest deferred loans of up to $30,000 per dwelling unit for rehabilitation expenses. Eligible improvements include structural, roofing, insulation, plumbing, electrical, lead paint abatement, accessibility improvements, foundation work, habitability, health and safety, etc. Code violations take precedent. The minimum affordability covenant may be 5, 10, 15 and up to 55 years depending on the project, the loan amount, and the funding source used for the rehabilitation loan. The City will reach out to existing RARP participants annually to extend loans and affordability provisions to the extent funding is available.
Objective(s):
• Continue to provide RARP grants to up to 4 units annually to address properties with substantial rehabilitation or maintenance needs.
• Work to pursue and purchase properties defaulting on local taxes to remove substandard housing.
Responsible Agency: City Housing Division
Funding Source(s): Home Funds; Housing Rent Revenues
Time Frame: Ongoing and Annual Basis
Programs to Improve Housing Opportunities
Program 5: Adequate Sites to Accommodate Regional Housing Needs The sites analysis presented in Appendix B indicates that relatively little vacant land suitable for residential development remains in Upland; therefore, most future residential development – especially higher-density housing to facilitate affordable housing – will occur on properties that have previously been used for non- residential purposes but are now underutilized and ripe for residential redevelopment.
The Regional Housing Needs Assessment (RHNA) for the 2021-2029 planning period assigned Upland a new housing need of 5,686 units, of which 2,543 (45%) are in the lower-income categories. To address the current shortfall in capacity for potential housing development the City will process zoning amendments for sufficient sites totaling at least 42.9 acres with appropriate allowable densities of 30 units/acre during 2022-2024 to fully accommodate the City’s remaining housing need. Rezoned sites will be selected from the candidate sites listed in Appendix B and will comply with the requirements of Government Code §65583.2(h) and (i).
Revised Draft | OctoberMarch 2022
City of Upland General Plan | Housing Element Page H-67 • permit owner-occupied and rental multifamily uses by-right for developments in which 20 percent or more of the units are affordable to lower income households. By-right means local government review must not require a CUP, planned unit development permit, or other discretionary review or approval. • accommodate a minimum of 16 units per site;
• require a minimum density of 20 units per acre; and
• at least 50 percent of the lower-income need must be accommodated on sites designated for residential use only or on sites zoned for mixed uses that accommodate all of the very low and low- income housing need, if those sites:
o allow 100 percent residential use, and
o require residential use occupy 50 percent of the total floor area of a mixed-use project.
To address AFFH goals (see Appendix C) and improve access to a diverse array of housing opportunities for all Upland residents including members of protected classes, the City will seek to expand affordable rental housing opportunities north of Foothill Boulevard by encouraging multi-family affordable rental housing developments as part of infill projects or as part of Specific Plans where mixed-use and flexible residential uses are allowed. (see also Program 19)
The adequate sites rezoning program will include a provision that onFor any non-vacant sites identified in Appendix B that were listed in a previous Housing Element sites inventory, or vacant sites that were listed in two previous consecutive inventories, residential development will be allowed by-right when a housing project provides at least 20 percent of the units affordable to lower-income households in compliance with Government Code Sec. 65583.2(c),
Development on any site listed in Appendix B that proposes to demolish existing housing units shall be subject to a policy requiring the replacement of affordable units as a condition of any development on the site pursuant to Government Code Sec. 65583.2(g)(3). Replacement requirements shall be consistent with those set forth in Section 65915(c)(3).
To facilitate housing development, zoning regulations, development standards and fees will continue to be posted on the City website and updated annually, and the City will establish written procedures for streamlined review consistent with Government Code Section 65913.4 (SB 35) by December 2022.
Objectives:
• Process amendments to the General Plan and zoning regulations to make adequate sites available to accommodate the City’s RHNA allocation for the 2021-2029 planning period. • Seek to expand affordable rental housing opportunities north of Foothill Boulevard by encouraging multi-family affordable rental housing developments as part of infill projects or as part of Specific Plans where mixed-use and flexible residential uses are currently allowed. • Post zoning, development standards and fees on the City website annually throughout the planning period
• Establish procedures for streamlined permit review by October 2022 • Monitor progress annually through Annual Progress Reports
Revised Draft | OctoberMarch 2022
City of Upland General Plan | Housing Element Page H-68 Responsible Agency: City Planning Division
Funding Source(s): State grants; General Fund
Time Frame(s): General Plan and zoning amendments by October 2022; annual progress reports and website updates
Program 6: Specific Plans
Upland has developed specific plans to guide development of key areas in the community according to smart growth principles. These include the creation and restoration of diverse, walkable, compact, vibrant, mixed-use communities composed of the same program components as conventional development, but assembled in a more integrated fashion. These contain housing, workplaces, shops, entertainment, schools, parks, and civic facilities essential to the daily lives of the residents, all within easy walking distance. The intent is to design complete neighborhoods that are coherent, visually attractive, and integrated. Specific plans with remaining development capacity include the Enclave, Villa Serena and Sycamore Hills.
The Historic Downtown Upland Specific Plan was adopted in 2012. This specific plan covers the City’s historic core and contains a transit station, civic center, parks, schools, housing, and commercial uses. The specific plan denotes nine districts, each with a defined purpose and mix of land uses. To facilitate the production of multiple-family housing, especially affordable housing, the Plan allows for more than 1,000 new housing units, with multiple-family and mixed uses allowed by-right at densities of up to 55 units per acre. The City is working with developers to build affordable senior housing, townhomes, and mixed-use projects. The City will continue to manage the implementation of this plan, which includes strategies and priorities to increase housing opportunities within the district.
Objective(s):
• Continue to implement specific plans throughout the planning period to facilitate the development of high-quality infill residential development in Upland.
• Process amendments needed to encourage the production of housing for all income levels, in particular for lower- and moderate-income households concurrent with zoning amendments described in Program 5.
Responsible Agency: City Planning Division
Funding Source(s): General Funds
Time Frame(s): Ongoing
Program 7: Reduce Potential Constraints to Housing Development Housing cost is affected by the time required for review and approval as well as the perception of development approval certainty. While the development review process in Upland is not considered to create unreasonable constraints to new housing, the City will process an amendment to the Zoning Ordinance to eliminate the use permit (AUP or CUP) requirements on multi-familyresidential development and establish objective development and design standards for projects that are eligible for ministerial review. In addition, the garage requirement will be eliminated for multi-family development.
Objective(s):
• Reduce the time and cost of development
• Process a Code amendment by December 2022 to eliminate use permit requirements for multi-family development and establish objective development and design standards for projects that are eligible for ministerial review.
Revised Draft | OctoberMarch 2022
City of Upland General Plan | Housing Element Page H-69 Responsible Agency: City Planning Division
Funding Source(s): General Funds
Time Frame(s): Code amendment by October December 2022
Program 8: Accessory Dwelling Units
The Upland Municipal Code allows accessory dwelling units (ADUs) in all residential zones. ADUs provide additional income for the homeowner, while also providing affordable housing opportunities for family members, students, caretakers, seniors, and other individuals seeking housing in Upland.
In 2021 the City received approval for a State SB 2 grant to prepare an ADU Assessment, Workbook and Website. Encouraging the development of ADUs is one of several ways to increase housing production in the City. This activity will include conducting an assessment that will be looking at ADU capacity within the City, preparation of pre-approved ADU plans to reduce the cost to property owners. This activity will provide sample floor plans, useful videos, a list of local regulations, and a cost calculator to assist homeowners in developing ADUs. These tools will encourage and assist in developing ADUs in Upland.
To ensure that City regulations remain consistent with State laws, the City will review ADU regulations each year and process Code amendments as necessary to incorporate any changes. The City will continue to monitor the extent of ADU production to ensure that the ordinance is being successful and that the Housing Element goals and RHNA production can be met.
Objective(s):
• Encourage ADU production through preparation of an ADU assessment, workbook and website with pre-approved plans.
• Review State ADU law annually and process amendments to local regulations as necessary to ensure conformance with current law.
• Track the number of ADUs produced annually by type and residential covenants issued during the planning period. The City will review ADU production annually and if permits fall short of projections, additional incentives and strategies will be implemented to further encourage ADU construction.
Responsible Agency: City Planning Division
Funding Source(s): General Funds
Time Frame: Code amendment by December 2022 and as necessary thereafter on an Ongoing and Aannual basis
Program 9. Water Priority System
The City Public Works Department, San Antonio Water Company, West End Consolidated Water Company, and MWD provide water to Upland residents. The Inland Empire Utilities Agency (IEUA) provides sewer services. Senate Bill 1087 (2005) requires all local governments to transmit a copy of the Housing Element to water and sewer service providers that serve their community. It also requires water and sewer providers to have a policy that gives priority for service allocations to proposed projects with housing units affordable to lower-income households if a shortfall in supply occurs. Because the City is a majority owner in two water utilities (except for MWD), the City will actively encourage these entities to draft and adopt a water priority system. The City will also notify IEUA of their responsibility under state law upon adoption of the Housing Element.
Revised Draft | OctoberMarch 2022
City of Upland General Plan | Housing Element Page H-70 Objective(s):
• NotifyEncourage water and sewer providers to of requirements forhave a water and sewer priority system in place in compliance with state housing element lawby December 2022.
Responsible Agency: Public Works Department
Funding Source(s): General Funds
Time Frame: December 2022 and Ongoing
Program 10. Neighborhood Improvements
Having adequate public facilities is essential for a complete community. These services provide a high quality of life for residents and workforce, improve property values, and increase City revenues that are available to fund and expand City services. This includes the improvement and maintenance of libraries, sewer system, school services, drainage and water system, police and fire, parks and recreational facilities, private recreation facilities required for new residential development, and other services. The City prepares a capital improvement program on an annual basis to identify and prioritize the improvements needed. Certain services are tied more directly to specific plan areas, others to private developments, and others to the entire community. The City of Upland will review neighborhood improvement needs on an annual basis and continue to make such infrastructure and service improvements that further the vision of the City Council through the annual budget process.
Objective(s):
• Continue monitoring, planning, and programming for public improvements that serve the community on an annual basis.
Responsible Agency: City Planning Division, Public Works Funding Source(s): General Funds, Measure I, CDBG
Time Frame: Annual review and budgetingOngoing
Programs for Housing Assistance
Program 11. Homeownership Assistance
The Housing Division provides low-interest FTHB loans, as funds are available, to help individuals and families who wish to purchase a home, but are unable to qualify and/or do not have the necessary down payment. This program is designed to help persons who would not otherwise achieve the American dream of owning their own home. A program loan is a silent second mortgage; a 0% to 3% simple interest loan (interest free after 20 years) with all payments deferred until the first occurrence of sale, refinancing, full payment of the first mortgage, or 30 years. As of 2021, the maximum assistance is 30% of the purchase price and the home price cannot exceed $669,750. Because the program is dependent on State HOME funding, and due to loss of RDA funds, it is necessary to seek additional grants to continue and expand the program.
Objective(s):
• Continue to provide up to 2 FTHB loans annually to qualified low-income homebuyers and advertise program availability.
• Annually evaluate the City's funding capacity and as needed, pursue additional HOME/CalHOME funds from HCD.
Revised Draft | OctoberMarch 2022
City of Upland General Plan | Housing Element Page H-71 Responsible Agency: City Housing Division
Funding Source(s): HOME, CalHOME, and Housing rental revenues Time Frame: Ongoing and Annual Basis
Program 12: Rental Housing Assistance
On behalf of the Upland Housing Authority, the Housing Authority of San Bernardino County is responsible for implementing the Section 8 rental assistance program. Under this program, the Housing Authority extends rental subsidies to very-low-income households who spend more than 30% of their gross income on housing.
Rental assistance not only addresses housing affordability but also overcrowding, by allowing families that “double up” to afford their own unit. The Upland Housing Authority is also responsible for managing public housing in Upland, the public housing modernization program, and partnering with the City on various affordable housing programs and outreach.
Objective(s):
• Continue to participate in the federal housing choice voucher program and family self-sufficiency program.
Responsible Agency: Upland Housing Authority
Funding Source(s): HUD housing choice vouchers
Time Frame: Ongoing
Program 13. Housing Incentives
Upland implements a toolkit of incentives to facilitate the construction of affordable and market rate housing.
These include a density bonus ordinance, a minor modification and variance process, lot consolidation efforts, etc. Lot consolidation is encouraged when developers initially approach the City with preliminary applications and will be facilitated through expedited processing and fee waivers when affordable units are provided. The density bonus ordinance (Municipal Code Chapter 17.17) allows the development of additional units and the provision of regulatory/financial incentives for projects providing affordable units. Both the minor modification and variance processes facilitate infill development. Financial assistance may also be provided subject to availability.
Objective(s):
• Update the Density Bonus Ordinance by October 2022
• Continue to permit and encourage density bonuses, lot consolidations, and other means to build market-rate and affordable housing. Advertise the availability of incentives at the planning public counter and through the development review process.
Responsible Agency: City Planning Division
Funding Source(s): General Funds
Time Frame: Code amendment by October 2022; Ongoing
Program 14: Mobile Home Rent Stabilization
The City’s Mobile Home Rent Ordinance is intended to protect occupants of from unreasonable rent increases while still recognizing the need for park owners to receive a reasonable return on investment and increase rents at a rate sufficient for covering the costs of repairs, maintenance, insurance, upkeep, and amenities. Under the Mobile Home Rent Ordinance, the annual rent increase is indexed to the consumer price index. The Ordinance