May 2024
Disproportionate Housing Needs and Displacement Risk
The AFFH Rule Guidebook (24 C.F.R. § 5.152) defines "disproportionate housing needs" as "a condition in which there are significant disparities in the proportion of members of a protected class experiencing a category of housing needs when compared to the proportion of a member of any other relevant groups or the total population experiencing the category of housing need in the applicable geographic area." The analysis is completed by assessing cost burden, severe cost burden,overcrowding,and substandard housing. In addition, this analysis examines homelessness and displacement risk.
Substandard Housing
The AFFH Rule Guidebook defines disproportionate housing needs as a condition in which there are significant disparities in the proportion of members of a protected class experiencing a category of housing needs when compared to the proportion of a member of any other relevant groups or the total population experiencing the category of housing need in the applicable geographic area(Code of Federal Regulations).The analysis is completed by assessing cost burden, overcrowding, and substandard housing. The Comprehensive Housing Affordability Strategy (CHAS) developed by the Census for HUD provides detailed information on housing needs by income level for different types of households in San Bernardino County.
Disproportionate housing needs are determined by finding trends in housing problems in the population by race,household size,or household age.A housing unit is considered substandard or having a housing problem if it has one or more of the following housing conditions:
• Housing unit lacks complete kitchen facilities
• Housing unit lacks complete plumbing facilities
• Household is cost burdened
• Housing unit is overcrowded
Large and elderly households are often more likely to experience housing problems. A large household is a household with three or more children, but is also often calculated as a household with five or more people.
An elderly household is calculated as any household with a person over 62 years of age.
Renters of all races and demographics experience high rates of housing problems, over 60 percent,while less than 30 percent of White or Black owners experience housing problems. Rates of housing problems are generally lower for owners in the City compared to the County,while rates of housing problems for renters are relatively comparable at the County and City level.
City of Upland General Plan Housing Element Page H-188
May 2024
Figure C30. Housing Problems by Tenure and Race/Elderly/Housing Size 100%
90%
80%
N
70% 44
60% 4
1 N
4441
50% 44
41,
111
40% 44
11 i
44,
44 4
30%
IS
I I S4f1 9
i 1
0% I k t i ,
, _ I 1 ih. r.,..
White Black Asian Nat Am Pac Islander Hispanic Elderly Large A •Owner-Occupied •Renter-Occupied 0 San Bernardino County Source:HUD CHAS Data,2019
Cost Burden (Overpayment)
A household is considered cost-burdened if it spends more than 30 percent of its income in housing costs, including utilities.Reducing housing cost burden can also help foster more inclusive communities and increase access to opportunities for persons of color,persons with disabilities,and other protected classes.
Overpayment is a problem for many Upland residents,particularly for lower-income households.According to recent HUD estimates (Table C5) approximately 6,265 renter households (52%of all renters) and 4,325 owner households (29% of all owners) were paying more than 30% of income for housing. The highest rates of overpayment occur among very-low-income and extremely-low-income households. The impact of housing overpayment on lower income households is particularly significant for special needs populations— seniors, persons with disabilities,and female-headed households with children.
Cost burden is when a household spends more than 30 percent of its monthly income on housing costs such as rent,mortgage, or utilities.Large households have more costs to support more people,and may experience cost burden or a lack of excess funds to amend housing problems. Elderly households may be on a fixed income,which affects excess funds necessary for maintenance in an older home bought before retirement.
City of Upland General Plan 1 Housing Element Page H-189
May 2024
Figure C31. Cost Burden by Tenure and Race/Elderly/Housing Size 100%
90% I 80%
70% .47
44 60%
44 50%
40% 44
44 44
IIli
ko
30% kli
11 20% ,
Iii.
111
\ 44
White Black Asian Nat Am Pac Islander Hispanic Elderly Large A •Owner-Occupied •Renter-Occupied 0 San Bernardino County Source:HUD CHAS Data,2019
Table C5. Cost Burden by Tenure and Income Category - Upland Income by Cost Burden(Renters only) Cost burden Cost burden Total >30% 50%
Household Income less-than or=30%HAMFI 1,475 1,415 1,960 Household Income>3D%to less-than or=50%
HAMFI 1,415 1,125 1,585
Household Income>50%to less-than or=80%
HAMFI 1,695 500 2,000
Household Income>80%to less-than or=100% 84D 55 1,385 HAMFI
Household Income>100%HAMFI 840 55 5,230 Total 6,265 3150 12,155
Cost burden Cost burden>
Income by Cost Burden(Owners only) 30% 50%
Household Income less-than or=30%HAMFI 535 475 755 H-0urehald Income>3D%to less-than or=50%
HAMFI 415 365 645
Household Income>50%to less-than or=80%
HAMFI 700 425 1,265
Household Income>80%to less-than or=100%
HAMFI 52D 170 1,010
Household Income>100%HAMFI 2,155 265 11,045 Total 4,325 1,700 14,720
As shown in Figure C33, overpayment among renters is most prevalent in the southern portions of the city.
Overpayment among Upland homeowners is highest in the central and southern portions of the city (Figure City of Upland General Plan 1 Housing Element Page H-190
May 2024
C32).The problems of overpayment are addressed in the Housing Plan through efforts to facilitate production and preservation of affordable housing.
Overpayment is prevalent regionwide,most notably in the cities of Ontario and San Bernardino.These are also areas with more prevalent non-White populations and households with lower median-incomes. Additionally, these cities also have a R/ECAP present. Overpayment in the surrounding region,including other jurisdictions in San Bernardino County, as well as Riverside County, has shifted in concentration from southwest to east over time within the jurisdictions.This trend regionwide is consistent with the patterns in Upland,as trends of overpayment seen previously in tracts southwest of the City boundary are now apparent in Upland,and within City limits areas of concentration have moved from southwestern tracts are now are seen in tracts to the east.
Overpayment in the City has overall decreased since 2010, but overpayment in the eastern neighborhoods of the City has increased.
Figure C32. Overpayment by Owners (2010-2014 and 2017-2021) _ ,,, r., ,! 9 0 1
iann
.i:oerenroo.eon o �— -A We�
e
e
c cc
M
Legend
—z e ...ELM el
—Eioo. an
—
Legen d
Monthly On c, nem, vemR7ern, uo.. � LMML.
as mP
Overpayment by Owners,2010-2014 0 as 'Muss h Overpayment by Owners,2017-2021Nees 1< Source:HCD AFFH Data Viewer
City of Upland General Plan 1 Housing Element Page H-191
May 2024
Figure C33. Overpayment by Renters (2010-2014 and 2017-2021) l„ r
ROMM
13 xelmti9 oP �"" ���� Legend
A nl,. — xel9ti9 s �"" _
Legend
. c
RentAntract
Plus
�tRam ®r�rnrrs Q"-�' '� M1 Id -hmonuly ML mme
Overpayment by Renters,2010-2014 � I, Overpayment by Renters,2017-2021 ,wes I:
Source:HCD AFFH Data Viewer
Substandard Housing
The age of a housing unit is often an indicator of housing conditions. Housing units without proper maintenance can deteriorate over time.Housing units built before 1970 are the most likely to need rehabilitation and to have lead-based paint in deteriorated condition.Lead-based paint becomes hazardous to children under age six and to pregnant women when it peels off walls or is pulverized by windows and doors opening and closing.
Housing over 50 years old is considered aged and is more likely to exhibit a need for major repairs.Additionally, older units may not be built to current building standards for fire and earthquake safety.
The age of housing units in Upland compared to the SCAG region as a whole is shown in Figure C34.
Approximately 60%of Upland's housing units were constructed prior to 1980 and are now more than 40 years old. These findings suggest that there may be a substantial need for maintenance and rehabilitation,including remediation of lead-based paint. Based upon field observations of City building inspectors and code enforcement staff, it is estimated there may be 9,000 housing units currently in the City that are in need of substantial rehabilitation. Housing programs to assist lower-income households with needed repairs are described in Chapter 4.
City of Upland General Plan Housing Element Page H-192
May 2024
Figure C34. : Age of Housing Units — Upland vs. SCAG Region 30%
• 25%
• 20%
t5
~ 15%
0 10%
5%
2014& 2010- 2000- 1990- 1980- 1970E 1960E 1950- 1940- 1939& Later 2013 2009 1999 1989 1979 1969 1959 1949 Earlier Upland(%) 0.7% 19% 8 0% 8_ir. 212% 24.7% 16 6% 11_5% 3 4% 3.8% SCAG(% LO% L5% 10.1% 9.51. 15.0% 16.3% 14.5% 15.9% 6.9% 9.3% ■Upland(%) •SCAG l%l
American Community Surrey 2014-2018 5-year estimates.
Overcrowding
"Overcrowding"is defined as a housing unit occupied by more than 1.01 persons per room(excluding kitchens, porches,and hallways).A unit with more than 1.51 occupants per room is considered"severely overcrowded." The incidence of overcrowded housing is a general measure of whether there is an available supply of adequately sized housing units. Overcrowding is also related to overpayment, because households may not be able to afford a large enough home to accommodate their needs.Overcrowding can lead to a variety of other problems such as lower educational performance among children,psychological stress and adverse health impacts.
Overcrowding can affect public facilities and services,reduce the quality of the physical environment,and create conditions that contribute to the deterioration of the housing stock. Additionally, overcrowding can indicate that a community does not have an adequate supply of affordable housing and/or variety of suitable housing units to meet the needs of the community.
Program 23 is included to increase the affordable housing stock in the highest resource areas of the City by allowing additional ADUs per lot on approximately 1,940 lots, given that they are subject to an affordability covenant for a certain period of time. This will increase the affordable housing stock, so households with multiple families living together to save money may have more housing opportunities.ADUs can also provide additional rooms to aid in alleviating overcrowding.
In Upland,the highest rates of overcrowding occur in the southern portion of the city (Figure C35),which are also the areas with higher percentages of minority residents.
The problems of overcrowding are addressed in the Housing Plan through efforts to facilitate production and preservation of affordable housing and also through financial assistance such as Section 8 vouchers.
City of Upland General Plan Housing Element Page H-193
May 2024
Figure C35. Overcrowded Households by Tract (2017-2021) Banyan St
7}ja
Cuiral:20 ? _ . _ i fleGfc03 Ma Fla Q
gDoaallbsiGlfl
i
o
tea`-Airport
0 El Heitm ghts
hs c`7G C47dAElz7C - - ©G DudFouthiii Blvd_ Es 9 -
B MELegend
QArrow-Rte W ArroW Hwy E Arrow Hwy - u City Boundary Upland— C. -Other jurisdictions
Percent of Overcrowded Units
I I Lessthar 5%
n I 1 5%-10%
AMCpittit? — Weak al i I 1 10%-15°k -15%-20%
-More than 20%
N - ._ io 5w Be._ .i
Overcrowding 0 0 s , A
Miles
Source:HCD AFFH Data Viewer
Homelessness
Persons threatened with homelessness are often those with incomes at 30% of area median income or below who are paying more than 30% of their income for rent. 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 Report8 there were 44 unsheltered and no sheltered homeless persons in Upland at the time of the survey. 8 https://wp.sbcounty.gov/dbh/sbchp/wp-content/uploads/sites/2/2020/04/2020-SBC-Homeless-Count-Report.pdf City of Upland General Plan 1 Housing Element Page H-194
May 2024
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 20:
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 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 a 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).
Table C6. Homeless Population by Jurisdiction
Jurisdiction 2018 2020 2022
Upland 125 44 89
Grand Terrace 1 5 1
Bloomington 7 19 11
Chino 28 31 23
Chino Hills 6 2 4
Colton 42 136 199
Crestline 18 22 13
Fontana 72 116 156
Highland 49 78 82
City of Upland General Plan Housing Element Page H-195
May 2024
Jurisdiction 2018 2020 2022
Loma Linda 46 51 9
Montclair 8 54 37
Ontario 90 102 193
Rancho Cucamonga 64 54 47
Redlands 143 186 184
San Bernardino 646 1,056 1 350
County Total 2118 3,125 3,333
Source:San Bernardino County Analysis of Impediments to Fair Housing Choice.2020.
Table C7 shows the unsheltered homeless population in Upland by age demographics.Homelessness in Upland is most prevalent in those ages 25 to 54.However,since the homeless population in 2023 that provided data is relatively small, the age distribution is pretty even and low across age levels. In addition to age data, surveys also indicated that almost 90 percent of the homeless population in Upland is male. Additionally, nearly 20 percent have a mental disability or disorder, and almost 40 percent have a physical disability, which limits the ability to live independently.
Table C7. Homeless Population in Upland by Age
Agt Number Percent
18to24 0 0%
25to34 5 31.3%
35 to 44 3 18.8%
45to54 4 25.0%
55 to 64 2 12.5%
65+ 2 12.5%
Source:San Bernardino County Point in Time Count.2023.
Table C8 includes data on the homeless population in Upland by race demographics.The most prevalent races in Upland that are experiencing homelessness are the White and Black populations.While the white population is most prevalent overall in Upland's population, there is a relatively small Black population in the City. This indicates that there is a disproportionately large portion of the homeless population that is Black.
Table C8. Homeless Population in Upland by Race
Race Number Percent
American Indian.Alaska Native,or Indigenous 0 0% Asian or Asian American 0 0%
Black.African American.or African 2 12.5%
Native Hawaiian or Pacific Islander 0 0%
White 11 68.8%
Multiple Races 3 18.8%
Source:San Bernardino County Point in Time Count.2023.
City of Upland General Plan Housing Element Page H-196
May 2024
Geographic Concentrations of Substandard Housing and Homelessness To understand the trends of substandard housing and homelessness, the City conducted a geographic review of the concentrations of substandard housing and homelessness in the City. Figure C36 displays the concentrations of both substandard housing and homelessness in Upland. Generally, both are concentrated more in the southern portion of the City. The City is including programs in the Housing Element with geographic targeting to areas in south Upland address these needs. Specifically,this includes:
• Program 2. HOME Improvement 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. This program is targeted for 50%of assistance to households south of Foothill Boulevard. • Program 3. Emergency Repairs for Homeowners targets 50% of assistance to households south of Foothill Boulevard.The program provides a grant of up to $10,000 for emergency repairs to very-low income households.
• Program 4. Rental Acquisition and Rehabilitation includes a target of 50%of assistance to households south of Foothill Boulevard. This program provides a zero interest loan of up to $30,000 for lower- income tenants for improvements such as structural,roofing,insulation,plumbing,electrical,lead paint abatement,accessibility improvements,foundation work,habitability,and health and safety hazards. • Program 5. Multi-Family Rental Rehabilitation Program includes a targeting of 65%of funds to areas south of Foothill Boulevard to improve existing affordable housing stock. The program provides up to $25,000 for housing rehabilitation.
• Program 24. Place-Based Improvements in south Upland includes a number of efforts to improve south Upland. This includes a Business Attraction Assistance Program, Historic Downtown Revitalization Program, and over $13 million in Capital Improvements such as ADA improvements, street and alley improvements,and complete street rehabilitation.
Substandard Housing
Local windshield surveys and review noted that substandard housing is most prevalent in areas with older housing stock and lower median incomes. These households commonly experience overcrowding and substandard conditions at a higher rate regionwide and in Upland. Concentrations of substandard housing are shown in blue in Figure C36. Generally, these areas include older, smaller apartments and homes in need of repair. These apartments generally have lower rental costs and higher rates overcrowding. The locations of these concentrations correlate directly with available data on concentrations of overcrowded households.
Homelessness
As shown in Figure C36, local knowledge determined that there is a higher concentration of the homeless population in downtown Upland,in the southeast area of the City.Within downtown there are no campsites.
City of Upland General Plan Housing Element Page H-197
May 2024
but there are congregations of homeless people in the areas around City Hall and the Pacific Electric Trail.
Additional concentrations in downtown Upland include Olivedale Park and Memorial Park.
There are homeless encampments in areas of southwest Upland. These areas include an undeveloped parcel from which the City frequently dismantles campsites,and an area in the nearby shopping centers.There is also significant camping adjacent to the freeway in the Caltrans vacant right-of-way areas.
Figure C36. Concentrations of Substandard Housing and Homelessness 4,4
Wzlsts,
W 19[h 5[ •
. u ¢
•
Yr
.9♦
W16th St -
Upland Hill
YG n1ry.Clu ,
1.0 Z R.�✓ _ A
• 7u n
- . marl_ _ J
tit LI
1 •
'lam t
W F thlll 81vd' - E'Foothill Blvd
‘!� fit`
WArrowl Rte YI ' * WArrow Hwy Upland E Arrow'Hwy :S
:• ti ; �. Legend
W 9ih St E 9th
AP
Q City Boundary
W eth St 111 • - E a b S - Other Jurisdictions t SE I3 • _ - 0 Concentration of Substandard Housing "O° —It PI"'. •
W ith St ti'." 0 Concentration of Homelessness .
Concentrations of Substandard Housing and Homelessness 0 0 5 1Miles Source:City of Upland
Displacement Risk
Displacement refers to any involuntary household move caused by landlord action or market changes.
Displacement can be caused by rising housing costs,insufficient affordable housing opportunities, expiration of affordability covenants, evictions,housing discrimination,or the physical demolition of existing housing to make way for new development.
The Urban Displacement Project at the University of California, Berkeley, developed a map of "sensitive communities" where residents may be particularly vulnerable to displacement in the event of increased redevelopment and drastic shifts in housing cost. Sensitive communities are defined based on the following set of criteria:
City of Upland General Plan Housing Element Page H-198
May 2024
• The share of very low-income residents is above 20 percent. • The census tract must also meet two of the following criteria:
o The share of renters is above 40 percent.
o The share of people of color is above 50 percent.
o The share of very low-income households (50 percent AMI or below) that are severely rent burdened is above the county median.
o The census tract,or areas in close proximity,have been experiencing displacement pressures.
Displacement pressure is defined as:
o The percentage change in rent in a selected census tract, divided by county median rent increases OR
o Median rent in a selected census tract, minus median rent for all surrounding tracts, divided by median rent for all tracts in county(rent gap).
As shown in Figure C37, portions of Upland south of Foothill Boulevard are considered vulnerable to displacement. Displacement mitigation strategies include tenant protections, physical maintenance and conservation of the existing affordable housing stock,preservation of existing deed-restricted affordable units at-risk of conversion to market-rate, acquisition and rehabilitation of existing housing units, requiring the replacement of existing affordable units demolished as part of redevelopment,and facilitating construction of additional affordable housing. The Housing Plan (Chapter 5) includes programs to implement all of these strategies.
The RHNA sites are largely rezoning existing industrial or upzoning mixed-use parcels,minimizing the risk of displacement in south Upland. Additionally, any affordable residential units that are demolished must be replaced(Program 6).As noted in the site chapter,there are few areas of the City in a flood hazard or very high fire severity zone,minimizing the risk of displacement due to disaster.
City of Upland General Plan Housing Element Page H-199
May 2024
Figure C37. Estimated Displacement Risk, 2022
. 1@,
Banyan St
z
9 a
W 19th st AIMI". 110111 Era GBID 110
z
z
3 J aicia ItIps G.l- - t TO gem t is ,:kme147'W;,,oriri — avow Irtl. . 011
(r .lba`--Airport
. Legend
i Q City Boundary
College t:9p3 OM © ..Other Jurisdictions - al Heights — Estimated Displacement
Risk-Overall
3 Displacement(UCB,Urban
7 "`9:17 - W a —• Displacement Project 3 2022)
Low Data quality
G7ll _ I Lower Displacement Risk
AMCzyliZSV t�E — I I At Risk of Displacement -1 Income Group Displacement
-2 Income Groups Displacement
Vulnerability to Displacement 0 0.5 1Miles A HUD CHAS Data,2019
Findings
Overall, renters of all races and demographics experience higher rates of housing problems, over 60 percent, while less than 30 percent of White or Black owners experience housing problems. Rates of housing problems are generally lower for owners in the City compared to the County,while rates of housing problems for renters are relatively comparable at the County and City level.Both overpayment and overcrowding are more prevalent in lower resource areas in southern Upland,where the population is generally more predominantly non-White and has lower median-incomes. The presence of the sites in these areas is not anticipated to exacerbate conditions,and allows for more housing near transit hubs and job opportunities.
Other Contributing Factor— Historic Patterns of Development The City was incorporated in 1906 and at the time,the north side of Foothill contained citrus groves,and the south side of Foothill contained citrus groves and the downtown commercial area,citrus packing industry and the surrounding housing.This resulted in the oldest housing in Upland being primarily south of Foothill,other than more recent infill developments.The Cities first Zoning Code was adopted in 1933,which included multi- family and single-family zoning south of foothill, with the north being primarily agricultural, which further City of Upland General Plan 1 Housing Element Page H-200
May 2024
increased housing south of Foothill.After WWII,the typical suburban development pattern began to develop in the City. South of Foothill, multi-family zones remained and expanded,while developers bought up citrus groves to develop single family residential. Suburban development first started in the south, and then, starting in the 1950's and continuing through the 1990's, developers began to buy and develop citrus groves north of Foothill, resulting in newer housing stock primarily consisting of a larger, single-family homes on lot sizes 10,000 square feet and larger.Today,the City primarily receives infill development housing projects throughout the City,but the neighborhoods north of Foothill continue to primarily consist of low to medium density single- family development,with the oldest housing stock and multi-family development in the neighborhoods south of Foothill.
Fair Housing Issues, Contributing Factors, and Meaningful Actions The City has adopted goals and actions that specifically address the contributing factors identified in the AFFH analysis.While the City views all contributing factors as important,higher priority was given to factors that limit fair housing choice and/or negatively impact fair housing per Government Code section 65583(c)(10)(A)(iv).
Table C9 displays the identified fair housing issue, contributing factor, actions taken to address the contributing factor,and priority level for each issue.Relevant programs are referenced in the action column for each contributing factor.
Table C10 provides a detailed overview of actions included in Housing Element Programs that are aimed at affirmatively furthering fair housing.The table separates the actions by their identified fair housing issue and priority level. It summarizes the specific commitment, timeline, geographic targeting, and metric for each program.
City of Upland General Plan Housing Element Page H-201
May 2024
Table C9. Contributing Factors
Fair Housing Issue _ Contributing Factor Priority Meaningful Action Outreach and • Staff Capacity Low •Program 18:Homeless Services and Facilities Enforcement • Lack of widely publicized housing information •Program 19:Administrative Capacity • Source of income disparity •Program 21:Affirmatively Furthering Fair Housing ■ Program 22:Housing Outreach and Information
Integration and ■ Patterns of development Moderate ■ Program 9:Accessory Dwelling Units Segregation • Opportunities for high density housing in higher ■ Program 12:Homeownership Assistance opportunity areas •Program 15:Housing Incentives • Availability of affordable housing options • Program 23:Housing Mobility Disparities in Access to • Lack of affordable housing stock High •Program 3:Emergency Repairs for Homeowners Opportunities • Quality of older multi-family units •Program 5:Multiple Family Rental Rehabilitation • Patterns of development Program
■ Program 9:Accessory Dwelling Units
■ Program 12:Homeownership Assistance
• Program 14:Acquisition of Existing Units for Affordable Housing
• Program 23:Housing Mobility
• Program 24:Place-Based Improvements in South
Upland
Disproportionate • Lack of Variety of Housing types High •Program 3:Emergency Repairs for Homeowners Housing Needs • Lack of opportunity for high density housing •Program 4:Rental Acquisition and Rehabilitation • Availability of affordable housing options •Program 5:Multiple Family Rental Rehabilitation • Patterns of development and disparities between north Program and south Upland • Program 9:Accessory Dwelling Units • Program 12:Homeownership Assistance
• Program 23:Housing Mobility
• Program 24:Place-Based Improvements in South
Upland
City of Upland General Plan 1 Housing Element Page H-202
May 2024
Table C10. AFFH Actions Matrix
. . . _ - g
Outreach and Enforcement
Utilize faith-based
organizations,other non-
profits,San Bernardino County
Housing Authority,County,and
other stakeholders and create a
network of community and
mainstream resources.The City
will develop and implement a
Homeless Services Plan that
addresses: Annual outreach and
Program 19:Administrative Adopted and implemented Capacity • Community Outreach, coordination with local non- N/A Homeless Services Plan Engagement,and Education profit organizations
Initiatives
• Treatment and
Permanent Supportive Housing
Initiatives
• Housing First/Rapid
Re-housing Initiatives
• Chronic Homelessness
• Enforcement
• Promote fair housing
practices through contract with
IFHMB.Comply with all State
and federal fair housing
requirements when
implementing housing Stakeholder involvement of at Program 21_Affirmatively programs or delivering least 25 households,groups, Furthering Fair Housing housing-related services. Ongoing and Annual Basis N/A landlords,or providers, • Continue to prepare annually.
the Analysis of Impediments to
Fair Housing Choice as
required under federal law;
implement the
recommendations to improve
City of Upland General Plan 1 Housing Element Page H-203
May 2024
Specific Commitment Geographic Targeting 2021-2029 Metric fair housing as contained
therein.
• Monitor residential
and commercial developments
that may impact ridership
potential for expanded fixed
route service north of the 210
Freeway and if any new
developments in this area have
the potential to generate
ridership,the City will share
this information with
Omnitrans for consideration in
future transit planning.
• To foster development
of a balanced community that
provides 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
currently allowable.(see also
Program 5)
• Encourage continuing
stakeholder involvement in
local housing issues through
ongoing,proactive outreach to
engage members of all socio-
economic groups and recruit
City of Upland General Plan Housing Element Page H-204
May 2024
•rogram Specific Commitment Geographic Targeting 2021-2029 Metric members of underrepresented
groups to participate in City
meetings.
• Disseminate fair
housing outreach materials at
the library.website.and
counter so that residents and
landlords are aware of their
rights,responsibilities,and
opportunities for resolving fair
housing concerns.Provide
information to 100 households
annually.
• The Upland
Development Services
Department and IFHMB will
continue providing educational
opportunities for property Provide information to 100 owners,property managers households annually.
Program 22:Housing and residents in Upland Ongoing.Matched pair testing Outreach and Information concerning the law as it once per planning period. N/A pertains to reasonable Matched pair testing once per accommodations and planning period.
reasonable modifications.The
City will contract with IFHMB
to provide two workshops per
year in the City.with one
workshop per year serving as a
general introduction to fair
housing laws and possible
discrimination,and one
workshop each year being
specifically focused on housing
issues faced by persons with
disabilities and the reasonable
accommodation and
modification processes.
City of Upland General Plan Housing Element Page H-205
May 2024
Specific Commitment jidleographic Targeting 2021-2029 Metric • The City will also
contract with IFHMB at least
once during the planning
period to fund matched pair
testing in Upland to address
issues of possible
discrimination based on
disability as well as race,
familial status,national origin,
disability and other protected
categories.
New Opportunities in High Resource Areas
The City has seen significant
increase of ADU development
in recent years,and is currently
averaging 45 ADUs per year.
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 Review of ADU production to increase housing production annually and additional
Program 9:Accessory in the City.This activity will incentives adopted within six o Development of 45 ADUs Dwelling Units include conducting an months of any identified 50%of ADUs in north Upland annually,One outreach event assessment that will be lookingannually.
shortfall.One outreach event
at ADU capacity within the City, annually.
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 for low-income
households.These tools will
City of Upland General Plan 1 Housing Element Page H-206
May 2024
Specific Commitment Geographic Targeting 2021-2029 Metric encourage and assist in
developing ADUs in Upland.
Additionally,the City
participated in an ADU
Education Workshop in
December 2023 held by Chaffey
Federal Credit Union.This
workshop provided
information on financing
options for ADUs including
Home Equity Line of Credit and
Reverse Mortgages Line of
Credit as well as answered
questions on the process of
building an ADU in Upland.As a
part of outreach to encourage
ADUs,the City will actively
continue participation in
education events with local
credit unions and other
partners working to develop
ADUs in the area.The City will
participate in at least one such
outreach,workshop or ADU
educational event annually.
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.
City of Upland General Plan Housing Element Page H-207
May 2024
Specific Commitment jidleographic Targeting 2021-2029 Metric If annual production and
affordability rates do not match
the estimates included in the
Housing Element,the City will
update the ADU strategy to
ensure that the City continues
to maintain adequate capacity
for all income levels.In the
event of an ADU shortfall that
results in a net loss of units
below the RHNA,the City will
adopt another ADU program
such as adopting fee waivers.
additional promotion of ADU
opportunities through outreach
such as surveys and
workshops,or will identify
additional sites within six
months of the identified
shortfall.
The Housing Division provides
low-interest FTHB loans,as
funds are available,to help
individuals and families who
wish to purchase a home,but Continue to provide up to 2 are unable to qualify and/or do FTHB loans annually to not have the necessary down qualified low-income payment.This program is homebuyers and advertise Program 12_ designed to help persons who program availability.
Ongoing and Annual Basis N/A
Homeownership Assistance would not otherwise achieve Annually evaluate the City's the American dream of owning funding capacity and as needed, their own home.A program pursue additional
loan is a silent second HOME/CalHOME funds from mortgage;a 0%to 3%simple HCD.
interest loan(interest free after
20 years)with all payments
deferred until the first
occurrence of sale,refinancing,
City of Upland General Plan 1 Housing Element Page H-208
May 2024
Specific Commitment_idiGeographic Targeting 2021-2029 Metric 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.
The City will strive to increase
opportunities and promote
housing mobility,specifically,
the City will strive to improve
housing mobility and options
north of Foothill Boulevard.To
promote housing mobility in
relatively higher income and
lower density areas,the City
will employ a variety of
strategies to achieve the Ongoing and Annual Basis. Development of 45 ADUs development of 150 units(such Creation of Bonus ADU annually.
Program 23:Housing as ADUs,JADUs.and SB 9 units) program by Q1 2025. Goal of at least 50%of ADUs Mobility throughout the entirety of the Promotion of ADU program in developed in North Upland. planning period. 2025 and beyond.Mid-cycle Creation of 20 bonus.
The City will create and review in 2026. affordable ADUs annually. implement an ADU Bonus
Program.The City amend its
zoning ordinance to allow more
than one ADU on single family
lots of a certain size or location.
The program will allow
additional ADUs on eligible
single-family lots given that the
bonus ADUs are deed restricted
as affordable to lower-income
City of Upland General Plan Housing Element Page H-209
May 2024
'rogram Specific Commitment Geographic Targeting 2021-2029 Metric households for a certain period
of time(ex.15 or 20 years).
• ADU Bonus Program:
Increase affordable housing
opportunity north of Foothill
Boulevard through allowing
more than one ADU per lot on
eligible single-family parcels.
Goal of at least 50%of ADUs
developed in North Upland.
Creation of 20 bonus,
affordable ADUs annually.
• Encourage 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 allowable.(see
Programs 5 and 6).Use of
Specific Plans can incentivize
higher density housing in these
areas.
• Develop of ADUs
(Program 8).Development of
45 ADUs annually.with a
geographic target of 50%of
ADUs in north Upland
• Rezone to allow
additional housing
opportunities throughout the
City,including an assumed 273
lower-income units north of
Foothill (Program 5)
• Increase Housing
Choice Voucher use in north
Upland
City of Upland General Plan Housing Element Page H-210
May 2024
Geographic Targeting 2021-2029 Metric
Housing Mobility
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. Provide grants to up to 25 (VL) Qualifying home repairs qualified homeowners annually include structural,mechanical, to address emergency repairs; Program 3:Emergency plumbing,electrical,and code 50%of assistance south of disseminate information to Repairs for Homeowners violations,as well as Ongoing and Annual Basis Foothill Boulevard property owners;and seek weatherproofing,installation of additional funding for the low-flow toilets and smoke program to ensure its long- detectors,HVAC repairs,and term viability. 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.
City of Upland General Plan 1 Housing Element Page H-211
May 2024
Specific Commitment Geographic Targeting 2021-2029 Metric The Multi-Family Rental
Rehabilitation Program
(MFRRP)is designed to assist
low to moderate income(LMI)
tenants(i.e.,tenant's whose
combined family income does
not exceed 80%of the County
median adjusted by family size,
as promulgated by the U.S.
Department of Housing and
Urban Development[HUD])by
providing Upland landlords of
multi-family apartments(8-
units or less)with grants to
make energy efficiency
improvements to units
occupied by LMI tenants in the
City of Upland. Energy
Program 5:Multiple Family o Provide up to 5 grants annually Rental Rehabilitation improvements will include Ongoing and Annual Basis At least 65%of funds to areas to qualified multiple family Program energy star rated dual-pane south of Foothill Boulevard rental properties. vinyl windows,attic insulation,
cool roofs.HVAC
improvements,LED lighting,
low-flow toilets and water
fixtures. The amount available
for rehabilitation financed
under this Program will be
$25,000 and will be dependent
on a 50%match contribution
from the property owner. As
such,for every one-dollar
j$1.00)of grant funds provided
by the City,the property owner
will be required to make a fifty-
cent($0.50)match used
towards making other living
condition improvements to the
units.
City of Upland General Plan Housing Element Page H-212
May 2024
'rogram Speci Geographic Targeting 2021-2029 Metric The City has seen significant
increase of ADU development
in recent years.and is currently
averaging 45 ADUs per year.
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 Review of ADU production property owners.This activity annually and additional Development of 45 ADUs Program 9:Accessory will provide sample floor plans. incentives adopted within six 50%of ADUs in north Upland annually.One outreach event Dwelling Units useful videos,a list of local months of any identified regulations.and a cost shortfall.One outreach event annually. calculator to assist annually.
homeowners in developing
ADUs for low-income
households.These tools will
encourage and assist in
developing ADUs in Upland.
Additionally,the City
participated in an ADU
Education Workshop in
December 2023 held by Chaffey
Federal Credit Union.This
workshop provided
information on financing
options for ADUs including
Home Equity Line of Credit and
Reverse Mortgages Line of
Credit as well as answered
City of Upland General Plan 1 Housing Element Page H-213
May 2024
Iiimiircific Commitment Geographic Targeting 2021-2029 Metric questions on the process of
building an ADU in Upland.As a
part of outreach to encourage
ADUs,the City will actively
continue participation in
education events with local
credit unions and other
partners working to develop
ADUs in the area.The City will
participate in at least one such
outreach,workshop or ADU
educational event annually.
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.
If annual production and
affordability rates do not match
the estimates included in the
Housing Element,the City will
update the ADU strategy to
ensure that the City continues
to maintain adequate capacity
for all income levels.In the
event of an ADU shortfall that
results in a net loss of units
below the RHNA,the City will
adopt another ADU program
such as adopting fee waivers,
City of Upland General Plan 1 Housing Element Page H-214
May 2024
rogram Specific Commitment Geographic Targeting 2021-2029 Metric additional promotion of ADU
opportunities through outreach
such as surveys and
workshops,or will identify
additional sites within six
months of the identified
shortfall.
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 Continue to provide up to 2 their own home.A program FTHB loans annually to loan is a silent second qualified low-income mortgage:a 0%to 3%simple homebuyers and advertise Program 12: interest loan(interest free after program availability.
Ongoing and Annual Basis N/A
Homeownership Assistance 20 years)with all payments Annually evaluate the City's deferred until the first funding capacity and as needed, occurrence of sale,refinancing, pursue additional full payment of the first HOME/CalHOME funds from mortgage,or 30 years.As of HCD.
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.
I
City of Upland General Plan 1 Housing Element Page H-215
May 2024
'rogram Specifjommitm: Geographic Targeting 2021-2029 Metric The Housing Division oversees
the management of 255 City-
owned dwelling units which
are generally contained within
three apartment complexes:
Magnolia Colony,Sunset Ridge
and The Village.A majority of
the 255 units are designated for
up to Low-Income households. Pursue the acquisition of the Magnolia Colony was remaining eleven(11)
constructed in 1960 and privately-owned fourplexes in consists of thirty-seven(37) Magnolia Colony and covenant fourplexes on individual lots. for affordable housing up to the The City owns eighteen(18) of Low-Income level.Acquire at the fourplexes which were least one fourplex every two Program 14:Acquisition of purchased in the early 2000's years.
Existing Units for Affordable with Low-and Moderate- Ongoing.as units are made Magnolia Colony.Sunset Ridge Income Housing Funds available for purchase. and The Village Housing (LMIHF)and are restricted to Annually evaluate the City's up to Low-Income households. Housing Fund for funding Seven(7)of the fourplexes are capacity and pursue additional owned by a private non-profit grant opportunities to augment which provides transitional the financial capacity to housing and eleven(11)are purchase the remaining eleven individually owned by private {11)fourplexes at Magnolia parties and are market rate Colony.
properties.This program
entails the City to proactively
acquire the remaining eleven
(11)fourplexes to add to the
City's affordable housing
portfolio.The City is currently
in escrow on one of the eleven
(11)fourplexes.
The City will strive to increase Ongoing and Annual Basis. Development of 45 ADUs Program 23:Housing opportunities and promote Creation of Bonus ADU Goal of at least 50%of ADUs annually.
Mobility housingmobility,specifically, ro ram 1 2025. developed in North Upland. program by Q p p
the City will strive to improve Promotion of ADU program in City of Upland General Plan Housing Element Page H-216
May 2024
rogram Specific Commitment T' line geographic Targeting -2029 Metric housing mobility and options 2025 and beyond.Mid-cycle Creation of 20 bonus, north of Foothill Boulevard.To review in 2026. affordable ADUs annually. promote housing mobility in
relatively higher income and
lower density areas,the City
will employ a variety of
strategies to achieve the
development of 150 units (such
as ADUs,JADUs,and SB 9 units)
throughout the entirety of the
planning period.
The City will create and
implement an ADU Bonus
Program.The City amend its
zoning ordinance to allow more
than one ADU on single family
lots of a certain size or location.
The program will allow
additional ADUs on eligible
single-family lots given that the
bonus ADUs are deed restricted
as affordable to lower-income
households for a certain period
of time(ex.15 or 20 years).
• ADU Bonus Program:
Increase affordable housing
opportunity north of Foothill
Boulevard through allowing
more than one ADU per lot on
eligible single-family parcels.
Goal of at least 50%of ADUs
developed in North Upland.
Creation of 20 bonus,
affordable ADUs annually.
• Encourage multi-
family affordable rental
housing developments as part
of infill projects or as part of
City of Upland General Plan Housing Element Page H-217
May 2024
•rogram Specific Commitment eographic Targeting 2021-2029 Metric Specific Plans where mixed use
and flexible residential uses are
currently allowable.(see
Programs 5 and 6).Use of
Specific Plans can incentivize
higher density housing in these
areas.
• Develop of ADUs
(Program 8).Development of
45 ADUs annually.with a
geographic target of 50%of
ADUs in north Upland
• Rezone to allow
additional housing
opportunities throughout the
City,including an assumed 273
lower-income units north of
Foothill (Program 5)
• Increase Housing
Choice Voucher use in north
Upland
Develop and continue
programs and strategies to
create place-based
improvements through
investments in the public right
of way.The City will continue
Program 24:Place-Based to prioritize CDBG funding in BAAP and CRP are ongoing.CIP south Upland,communities projects per CIP schedule.Seek Increased or equivalent Improvements in South South Upland participation in BAAP and CRP. south of Foothill Boulevard, grant funding annually or as Upland CIP completion per schedule. and low-resource areas of the available.
City as well as annually work
with the City Council to
prioritize other funding sources
in these areas.This will serve to
continue to improve
communities through
City of Upland General Plan Housing Element Page H-218
May 2024
M. Program Specific Commitment Geographic Targeting 2021-2029 Metric neighborhood improvements
such as enhanced streetscapes,
multi-modal and active
transportation.pedestrian
safety improvements,safe
routes to schools,community
facilities,park improvements.
and other community
amenities.
• Business Attraction
Assistance Program(BAAP).
This program provides up to
$75,000 via a forgivable loan to
sales tax producing businesses
in locate in Downtown Upland
in exchange for creating full
time equivalent jobs for low to
moderate income persons.
Since its inception,the program
has provided 15 business loans,
ranging from$25,000 to
$75.000.
• Historic Downtown
Revitalization Program
(Commercial Rehabilitation
Program,CRP).This program
provides a grant to businesses
located in downtown Upland of
up to$30,000 for eligible
facade improvements and an
additional$15.000 for
mitigation of asbestos or lead-
based paint hazards.The City
has provided 15 grants through
this program.Eligible
improvements include ADA
entry improvements,exterior
lighting,doors and windows,
City of Upland General Plan Housing Element Page H-219
May 2024
= Program Specific Commitment Geographic Targeting 2021-2029 Metric facade reconfiguration,and
signage.
• Capital Improvements
in south Upland.The City will
continue to complete Capital
Improvement Projects in south
Upland.Recent and ongoing
projects south of Foothill
include
o ARPA Alley
Rehabilitation Phase I
($465.490.50%of project
south of Foothill)
o Civic Center Paving
and ADA Improvements
($247.626)
o 17th Street
rehabilitation($2.6 million)
o Pavement
maintenance on Euclid Ave
($436,749,60%of project
south of Foothill)
o Street and Alley
Program from 2018-2020.
($732,414)
• Multiple Family Rental
Rehabilitation Program
(Program 5)provides targeted
funding to improve affordable
existing affordable housing
stock,including a target of 50%
of funding going to properties
south of Foothill.
• The City will continue
to seek grant funding for
improving and encouraging
City of Upland General Plan Housing Element Page H-220
May 2024
Specific Commitment eographic Targeting 2021-2029 Metric redevelopment in south
Upland.
Place-Based Improvements
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, Provide up to 4 HIP loans foundation and drainage annually to qualified low-and Program 2:HOME improvements,disabled access, moderate-income(1 VL.3 Low) Improvements windows,doors and frames. Ongoing N/A homeowners earning less than rodent and pest extermination 80%of CMFI.
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,whichever
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.
Program 16:Mobile Home The City's Mobile Home Rent Annual Mobile Home Parks Continue to enforce the Mobile Rent Stabilization Ordinance is intended to Home Rent Ordinance to City of Upland General Plan I Housing Element Page H-221
May 2024
Specific Commitment Geo•ra I hic Tar•etin• 2021-2029 Metric protect occupants of from preserve mobile home unreasonable rent increases affordability throughout the while still recognizing the need planning period consistent with for park owners to receive a State law. 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 covers six mobile
home parks:Mountain View
Estates,Oasis Mobile Estates.
Upland Cascade.Upland
Eldorado.Upland Meadows
Mobile Estates.and Upland
View Terrace.The City had
been updating the Rent Review
ordinance in response to
community concerns,but the
process is on hold while the
courts decide the legality of
rent stabilization laws.
Develop and continue
programs and strategies to
create place-based
improvements through BAAP and CRP are ongoing.CIP
Program 24:Place-Based investments in the public right projects per CIP schedule.Seek Increased or equivalent Improvements in South of way.The City will continue South Upland participation in BAAP and CRP.
Upland grant funding annually or as
P to prioritize CDBG funding in available. CIP completion per schedule. south Upland.communities
south of Foothill Boulevard.
and low-resource areas of the
City as well as annually work
City of Upland General Plan 1 Housing Element Page H-222
May 2024
Specific Commitment Geographic Targeting 2021-2029 Metric with the City Council to
prioritize other funding sources
in these areas.This will serve to
continue to improve
communities through
neighborhood improvements
such as enhanced streetscapes,
multi-modal and active
transportation,pedestrian
safety improvements,safe
routes to schools,community
facilities,park improvements,
and other community
amenities.
• Business Attraction
Assistance Program(BAAP).
This program provides up to
$75,000 via a forgivable loan to
sales tax producing businesses
in locate in Downtown Upland
in exchange for creating full
time equivalent jobs for low to
moderate income persons.
Since its inception,the program
has provided 15 business loans,
ranging from$25,000 to
$75,000.
• Historic Downtown
Revitalization Program
(Commercial Rehabilitation
Program,CRP).This program
provides a grant to businesses
located in downtown Upland of
up to$30,000 for eligible
facade improvements and an
additional$15,000 for
mitigation of asbestos or lead-
based paint hazards.The City
City of Upland General Plan 1 Housing Element Page H-223
May 2024
'ro!ram Specific Commitme - - - _ c 2021-2029 Metric has provided 15 grants through
this program.Eligible
improvements include ADA
entry improvements,exterior
lighting,doors and windows.
facade reconfiguration.and
signage.
• Capital Improvements
in south Upland.The City will
continue to complete Capital
Improvement Projects in south
Upland.Recent and ongoing
projects south of Foothill
include
o ARPA Alley
Rehabilitation Phase I
($465,490,50%of project
south of Foothill)
o Civic Center Paving
and ADA Improvements
j$247.626)
o 17th Street
rehabilitation($2.6 million)
o Pavement
maintenance on Euclid Ave
j$436.749.60%of project
south of Foothill)
o Street and Alley
Program from 2018-2020,
j$732.414)
• Multiple Family Rental
Rehabilitation Program
(Program 5)provides targeted
funding to improve affordable
existing affordable housing
stock,including a target of 50%
City of Upland General Plan Housing Element Page H-224
May 2024
rogram Specific Commitment Geographic Targeting 2021-2029 Metric of funding going to properties
south of Foothill.
• The City will continue
to seek grant funding for
improving and encouraging
redevelopment in south
Upland.
Displacement Prevention
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 Provide up to 4 HIP loans replacement,home painting, annually to qualified low-and structural upgrading,roofing, moderate income VL,3 Low) 2:HOME (1
Improvements foundation and drainage Ongoing N/A homeowners earning less than improvements,disabled access, 80%of CMFI.
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,whichever
is less.The City will promote
the availability of the HOME
Improvement Program through
City of Upland General Plan 1 Housing Element Page H-225
May 2024
rogram Specific Commitment Geographic Targeting 2021-2029 Metric the City website,word of
mouth and articles in City
newsletter on a yearly basis.
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 Continue to provide RARP Program 4:Rental structural,roofing.insulation, Geographic target of 50%of grants to up to 4 units annually Acquisition and plumbing.electrical,lead paint Ongoing and Annual basis assistance south of Foothill to address properties with Rehabilitation abatement,accessibility Boulevard. substantial rehabilitation or improvements,foundation maintenance needs. 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.
City of Upland General Plan 1 Housing Element Page H-226
May 2024
Specific Commitment Geographic Targeting 2021-2029 Metric The Multi-Family Rental
Rehabilitation Program
(MFRRP)is designed to assist
low to moderate income(LMI)
tenants(i.e.,tenant's whose
combined family income does
not exceed 80%of the County
median adjusted by family size,
as promulgated by the U.S.
Department of Housing and
Urban Development[HUD])by
providing Upland landlords of
multi-family apartments(8-
units or less)with grants to
make energy efficiency
improvements to units
occupied by LMI tenants in the
City of Upland. Energy
Program 5:Multiple Family o Provide up to 5 grants annually Rental Rehabilitation improvements will include Ongoing and Annual Basis At least 65%of funds to areas to qualified multiple family Program energy star rated dual-pane south of Foothill Boulevard rental properties. vinyl windows,attic insulation,
cool roofs.HVAC
improvements,LED lighting.
low-flow toilets and water
fixtures. The amount available
for rehabilitation financed
under this Program will be
$25,000 and will be dependent
on a 50%match contribution
from the property owner. As
such,for every one-dollar
j$1.00)of grant funds provided
by the City.the property owner
will be required to make a fifty-
cent($0.50)match used
towards making other living
condition improvements to the
units.
City of Upland General Plan Housing Element Page H-227
May 2024
'ro•ram S i ecif Geo•ra I hic Tar•etin• 2021-2029 Metric The Housing Division oversees
the management of 255 City-
owned dwelling units which
are generally contained within
three apartment complexes:
Magnolia Colony,Sunset Ridge
and The Village.A majority of
the 255 units are designated for
up to Low-Income households. Pursue the acquisition of the Magnolia Colony was remaining eleven(11)
constructed in 1960 and privately-owned fourplexes in consists of thirty-seven(37) Magnolia Colony and covenant fourplexes on individual lots. for affordable housing up to the The City owns eighteen(18) of Low-Income level.Acquire at the fourplexes which were least one fourplex every two Program 14:Acquisition of purchased in the early 2000's years.
Existing Units for Affordable with Low-and Moderate- Ongoing.as units are made Magnolia Colony.Sunset Ridge Income Housing Funds available for purchase. and The Village Housing (LMIHF)and are restricted to Annually evaluate the City's up to Low-Income households. Housing Fund for funding Seven(7)of the fourplexes are capacity and pursue additional owned by a private non-profit grant opportunities to augment which provides transitional the financial capacity to housing and eleven(11)are purchase the remaining eleven individually owned by private {11)fourplexes at Magnolia parties and are market rate Colony.
properties.This program
entails the City to proactively
acquire the remaining eleven
(11)fourplexes to add to the
City's affordable housing
portfolio.The City is currently
in escrow on one of the eleven
(11)fourplexes.
City of Upland General Plan Housing Element Page H-228
May 2024
Appendix D Public Comments
City of Upland General Plan 1 Housing Element Page H-229
May 2024
This page intentionally left blank
City of Upland General Plan 1 Housing Element Page H-230
May 2024 In
ICJ:: YIMBY VIM FOR N IA
BY
LAW ICJ
February 28,2022
Policy Recommendations for 6th Cycle Housing Element
Dear Planning staff:
YIMBY Law submits this letter to share our policy goals and recommendations for the Policies and Programs section of your Housing Element.We appreciate the opportunity to participate in the Housing Element process.
The Policies and Programs section of the city's Housing Element must respond to data,analysis and findings presented in the Housing Needs section. We repeatedly see findings that housing prices are high, segregation exists,and there is a lack of housing for special populations, but the Policies and Programs don't respond to these findings or try to change outcomes.The overview of the city's housing environment should set the scene,and the policies and programs should explain what the city is going to do to fix it.
Our policy goals are as follows:
Affirmatively Furthering Fair Housing
1. 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 1 City of Upland General Plan 1 Housing Element Page H-231
May 2024
Housing Elements.
2. 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.
3. 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 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.
Site Capacity
4. 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.
5. 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.
City of Upland General Plan Housing Element Page H-232
May 2024
6. 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.
Accessory Dwelling Units
7. 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 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.
8. 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.
Zoning
9. 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.
10.Allow flexibility in inclusionary zoning.Cities should require different percentages for different AMI levels.Additionally,we urge cities to incentivize land City of Upland General Plan Housing Element Page H-233
May 2024
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.
Better Entitlement Process&Reducing Barriers to Development
11. 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.
12. 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.
13.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 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.
14. 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 City of Upland General Plan Housing Element Page H-234
May 2024
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.
We urge you to include these policies in your 6th cycle Housing Element.
Best regards,
Sonja Trauss
Executive Director
YIMBY Law
5onjaCc�yimhylaw.or2
City of Upland General Plan Housing Element Page H-235
May 2024
Appendix E Divestment of Thrall Hall
City of Upland General Plan 1 Housing Element Page H-236
May 2024
Draft Environmental Assessment
of Implementing the Los Angeles ADP Update
Project 8 is proposed for FY28. Designs for the project would not begin until FY26. This long- range project will undergo future NEPA analyses as needed, tiering from this EA, when specific project design details are known.
Project 9. Construct new training building at CA165 March AFRC/AMSA 19(G) and divest of CA088 Thrall Hall ARC in Upland. CA165 March AFRC/AMSA 19(G) is a 48-acre site in the City of Moreno Valley in Riverside County.The property is USAR-owned and is encompassed by the March Air Reserve Base (ARB)to the north, west, and south, while much of the surrounding land is owned by the March Joint Powers Authority(JPA). The site is completely developed, and has three training buildings (Buildings 100, 101, and 1000), an AMSA/OMS (Building 103), and several storage buildings. Each of the three training buildings is a two-story concrete structure built within the last 13 years.
The proposed project would be to construct a 300-member ARC with primary facilities to include an approximately 37,700-SF training building and 2,130-SF unheated storage building on previously developed land within the CA165 March AFRC property boundary.Site activities would include land clearing, paving, general site improvements, and utility connections.The project also provides for unit storage and adequate parking space for MEP and POV. In addition, the project includes demolishing two buildings totaling 28,290 SF at CA088 Thrall Hall ARC and divesting of the property.
Located in the City of Upland in San Bernardino County on 3.8 acres, CA088 Thrall Hall ARC is an overutilized 1963 vintage facility consisting of a 24,073-SF training building and 4,217-SF vehicle maintenance shop. The facility does not meet AT/FP standards; it is encroached on all sides by surrounding development. CA088 Thrall Hall ARC is not designed to accommodate the number of units currently assigned, and it is missing training areas required to meet unit mobilization missions. Units currently assigned to Thrall Hall ARC would be reassigned to the new training facility at CA165 March AFRC upon project completion, and Thrall Hall ARC would be divested. A REC would be completed by the USAR when the property would be divested as divestment of facilities is categorically excluded from a full NEPA analysis per 32 CFR Part 651, Appendix B§ II (f)(3).
If this project is not provided,the units will be forced to operate in facilities not properly configured to allow the most effective training to complete mission requirements. This will continue to have a negative impact on unit readiness and retention objectives. This project is proposed for FY28.
This long-range project will undergo future NEPA analyses as needed,tiering from this EA,when specific project details are known.
Project 10. Construct a consolidated AMSA/OMS at CA002 Patton Hall ARC/AMSA 94 (Phase 2). Phase 2 of the LRC projects at CA002 Patton Hall ARC/AMSA 94 would be to construct an approximately 19,230-SF consolidated AMSA/OMS on CA002 Patton Hall ARC/AMSA 94. The project also includes constructing an approximately 7,590-SF unheated October 2022 2-9
City of Upland General Plan Housing Element Page H-237
STATE OF CALIFORNIA-BUSINESS.CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT �o�M°�fryd DIVISION OF HOUSING POLICY DEVELOPMENT I 45 424, Ea 2020 W. El Camino Avenue,Suite 500 „ Sacramento,CA 95833 Q k
(916)263-2911 /FAX(916)263-7453 c�
�
www.hcd.ca.gov °14iE•oa�h.
June 17, 2024
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) Subsequent Draft Housing Element Thank you for submitting the City of Upland's (City) revised draft housing element received for review on May 20, 2024. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review.
The revised draft element meets most of the statutory requirements described in HCD's April 12, 2024 review. However, the housing element cannot be found in substantial compliance until the City has completed necessary rezones to address the shortfall of sites to accommodate the Regional Housing Needs Allocation (RHNA) pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021). The housing element will comply with State Housing Element Law (Article 10.6 of the Gov. Code) when it is adopted along with necessary rezones, and submitted to and approved by HCD, in accordance with Government Code section 65585, subdivision (g).
Pursuant to AB 1398, a jurisdiction that failed to adopt a compliant housing element within one year from the statutory deadline cannot be found in compliance until rezones to accommodate a shortfall of sites pursuant to Government Code section 65583, subdivision (c), paragraph (1), subparagraph (A) and Government Code section 65583.2, subdivision (c) are completed. As this year has passed and required rezoning actions in Program 6 (Adequate Sites to Accommodate Regional Housing Needs) have not been completed, the housing element is out of compliance and will remain out of compliance until the rezoning have been completed. Once the City completes the rezone, a copy of the resolution or ordinance should be transmitted to HCD. HCD will review the documentation and issue correspondence identifying the updated status of the City housing element compliance.
Robert Da!quest, Director
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element 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.
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 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 meets 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/qeneral-plan/guidelines.html .
HCD appreciates the hard work and dedication the City's housing element team provided, in preparation of the City's housing element and looks forward to receiving the City's adopted housing element. If you have any questions or need additional technical assistance, please contact Reid Miller, of our staff, at Reid.Millerhcd.ca.gov.
Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
RESOLUTION NO. 5012
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF UPLAND, CALIFORNIA RECOMMENDING
THE CITY COUNCIL FIND GENERAL PLAN AMENDMENT
NO. GPA-24-0002 EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO
SECTIONS 15061(B)(3), 15162(A), AND 15283 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
GUIDELINES AND APPROVE GENERAL PLAN AMENDMENT NO. GPA-24-0002 FOR THE 2021-2029
HOUSING ELEMENT UPDATE
Intent of the Parties and Findings
WHEREAS, local governments are authorized by Government Code section 65350 et seq. to prepare, adopt and amend general plans; and WHEREAS, Government Code Section 65580 et seq. requires cities to update their Housing Elements on a regular basis; and
WHEREAS, a comprehensive update to the Housing Element of the Upland General Plan for the 2021-2029 planning period has been initiated and prepared by the City of Upland; and
WHEREAS, the staff report and supporting materials accompanying this resolution are found to be true, are adopted as Facts and Findings, and are incorporated by reference in this resolution; and
WHEREAS, the California Department of Housing and Community Development ("HCD") issued letters finding that the draft 2021-2029 Housing Element was not in compliance with state law and provided additional comments on November 22, 2021, May 23, 2022 and December 22, 2022, and February 13, 2024; and WHEREAS, pursuant to State Law, a revised draft 2021-2029 Housing Element was prepared to address all comments received from HCD and statutory requirements to comply with State Housing Element Law and was submitted to HCD for review on May 20, 2024; and
WHEREAS, on June 17, 2024, HCD issued a letter finding that the draft 2021- 2029 Housing Element is conditionally compliant and will be in full compliance with state law upon readoption and completion of the proposed rezonings; and WHEREAS, based on the factors and substantial evidence described in Appendix B (Sites Inventory) of the Housing Element, incorporated herein by reference, the existing uses on underutilized sites identified to accommodate the lower-income RHNA allocation are likely to be discontinued during the planning period and therefore do not constitute an impediment to additional residential development during the period covered by the Housing Element; and
i
GPA-24-0002
WHEREAS, this General Plan amendment is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000, et seq.), pursuant to State CEQA Regulation §15061(b)(3) (14 Cal.
Code Regs. § 15061(b)(3)), the common sense exemption covering activities with no possibility of having a significant effect on the environment; and WHEREAS, during the preparation of the 2021-2029 Housing Element update, the City of Upland conducted public meetings on February 25, 2021, June 22, 2021, September 23, 2021, March 23, 2022 and October 5, 2022 during which all interested persons were invited to offer testimony concerning the Housing Element; and WHEREAS, during February 2024 additional outreach was conducted targeting lower-income and special needs households and service providers; and WHEREAS, the City of Upland Planning Division on August 8, 2024, posted two (2) true and correct copies of the legal notice at the Upland City Hall Bulletin Board and at the Upland Public Library, and posted on the City's website in accordance with the Upland Municipal Code Section 17.46.020; and
WHEREAS, the City of Upland Planning Division on August 7, 2024, mailed copies of the legal notice to effected property owners included in the Sites Inventory; and
WHEREAS, the City of Upland Planning Division on August 8, 2024, published a legal notice in the Inland Valley Daily Bulletin, a local paper of general circulation, indicating the date and time of the public hearing in compliance with state law concerning the Project; and
WHEREAS, Upland Municipal Code Section 17.49.050 requires that the City Council take action on General Plan Amendments, and UMC Section 17.49.040 requires that the Planning Commission make a recommendation to the City Council on such amendments; and
WHEREAS, the City of Upland Planning Commission conducted a duly noticed public hearing on August 21, 2024, at which time it solicited public testimony concerning the Housing Element update, and considered the CEQA determination for the proposed project; and
NOW, THEREFORE, the Planning Commission hereby finds, determines, and resolves and recommends as follows:
Section 1. FINDINGS. The Planning Commission hereby makes the following findings and determinations in connection with the approval of the Project:
A. The above Recitals are true and correct and are incorporated herein by this reference.
B. Pursuant to Upland Municipal Code Section 17.49.040, which requires that the Planning Commission forward a written recommendation, and reasons for the Page712of722
GPA-24-0002
recommendation, to the City Council concerning a proposed General Plan amendment, the Planning Commission hereby makes the following required findings pursuant to Upland Municipal Code Section 17.49.060:
1. Finding: The proposed General Plan Amendment is in the public interest.
Evidence: The proposed General Plan Amendment is in the public interest because the Housing Element includes policies and programs to facilitate the provision of housing opportunities for all economic segments of the community, including persons with special needs.
2. Finding: The proposed General Plan Amendment is consistent and compatible with the rest of the General Plan.
Evidence: The 2021-2029 Housing Element identifies land use policies to accommodate the City's assigned share of regional housing needs as required by State law and includes programs to ensure consistency between the Land Use Element and the Housing Element.
3. Finding: The potential effects of the proposed General Plan Amendment have been evaluated and have been determined not to be detrimental to the public health, safety, or welfare.
Evidence: The proposed Housing Element Amendment furthers the public health, safety, and welfare by facilitating the production of housing to address the needs of all Upland residents, including those of all ages, incomes, household sizes and persons with disabilities.
4. Finding: The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code and CEQA.
Evidence: The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code, including Government Code §65352.3 which regulates tribal consultation requirements for General Plan Amendments and Government Code §65358 which regulates amendments to General Plans. The project is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000, et seq.), pursuant to State CEQA Regulation §15061(b)(3), because the Housing Element would not approve any development project or other physical change to the environment.
Section 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The Project is exempt from the CEQA Guidelines 14 Cal. Code. Regs Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Project may have a significant effect on the environment. The Project is further exempt pursuant to 14 Cal. Code. Regs Section 15162(a) of the CEQA Guidelines. Further, to the extent the Regional Housing Needs determinations are made, the Project is further exempt from
GPA-24-0002
the CEQA Guidelines 14 Cal. Code. Regs Section 15283, which provides, "CEQA does not apply to regional housing needs determinations made by the Department of Housing and Community Development, a council of governments, or a city or county pursuant to Section 65584 of the Government Code."
Section 3. DETERMINATION. The Planning Commission recommends that the City Council approve General Plan Amendment No. GPA-24-0002, a comprehensive update to the Housing Element for the 2021-2029 planning period as shown in Exhibit A, attached hereto, and incorporated herein by reference.
Section 4. SEVERABILITY. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Planning Commission hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 5. CERTIFICATION. The Secretary of the Planning Commission shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and their certification to be entered in the Book of Resolutions of the Planning Commission of the City.
Section 6. EFFECTIVE DATE. This Resolution shall become effective ten (10) days after its passage and adoption unless appealed prior to that time.
PASSED, APPROVED and ADOPTED this 21st day of August, 2024. 04-/beA,L)' 10,41,4pACCe-a)
Robin Aspinall, CHAIR
Exhibit A; Housing Element for the 2021-2029 (240 pages) Page714of722
GPA-24-0002
ATTEST:
fhT
Robert D. Dalquest, SECRETARY
I HEREBY CERTIFY that the foregoing Resolution was duly and regularly passed and adopted by the Planning Commission of the City of Upland at a special adjourned meeting thereof held on the 21St day of August, 2024 by the following vote:
AYES: Chair Aspinall, Commissioners Andrews, Borger, Caldwell, Johnson, and Marroquin
NAYS: none
ABSENT: Vice Chair Staton
ABSTAIN: none
R bert D. Dalquest, SECRETARY
..t �pl"� CITY FU P LA N D
"The City of Gracious Living"
Stafif(krctilt
C�tIFOB�S
DATE: September 23,2024
TO: MAYOR AND CITY COUNCIL
FROM: MICHAEL BLAY,CITY MANAGER
PREPARED BY:KERI JOHNSON,CITY CLERK
SUBJECT: CONSIDERATION OF A RESOLUTION ESTABLISHING A MEASURE N CITIZENS'
OVERSIGHT COMMITTEE
RECOMMENDED ACTION:
It is recommended that the City Council consider adopting a Resolution establishing a Measure N Citizens'Oversight Committee and adopting operational guidelines for said committee.
GOAL STATEMENT
The proposed action supports the City's goal of transparency and fiscal responsibility.
BACKGROUND
For over three decades the City of Upland has taken many actions aimed at maintaining the General Fund and the services for residents that it provides.While Upland residents enjoy the local quality of life our community provides, the City's bedroom community status keeps it at a financial deficit compared with other neighboring cities who have more robust commercial development.
The financial impacts to the City have changed over the years,but one common thread exists—continued actions of the State that have reduced and limited City revenues.The Upland 2001 Financial Workout Plan identified the State's reallocation of property tax revenue to the Educational Relief Augmentation Fund as costing Upland$16 million in the 1990's. The Upland 2013 Fiscal Condition Report was written on the heels of the State taking away the City's Redevelopment Agency and,thereby millions of dollars in annual redevelopment funding.The City continues to deal with a long list of unfunded mandates from the State, most notably recent requirements for additional tracking and reporting in the Police Department.
Current challenges to the City budget include inflationary pressures and increased costs of repairing streets and facilities due to deferred maintenance. Those challenges,combined with employee staffing and compensation issues, causing higher turnover of employees and the lost benefit of the institutional knowledge and training dollars that were invested in them.
Beginning in the 1990's, prior City Councils have proactively "kept their financial house in order" by reducing spending to levels consistent with revenue projections. Many City services have been outsourced, major cuts have been made,and employee concessions have been repeatedly requested.While that methodology has allowed the City to maintain its current finances, it has not allowed Upland to make sufficient investments in the areas our residents have expressed a strong desire:Maintaining local streets and alleys and repairing potholes,providing quick responses to 9-1-1 emergencies,and addressing homelessness.
On August 9,2024, the City Council adopted Resolutions placing a transactions and use (sales)tax measure on the November ballot.
On August 29,2024,the City Council unanimously approved the current ballot language.
On September 9,2024 the City Council unanimously adopted Resolution No.6798 expressing their intent to prioritize spending of transactions and use(sales)tax(TUT)revenue for infrastructure and public safety purposes.
ISSUES AND ANALYSIS
The City is committed to fiscal responsibility and transparency.The formation of a Citizens' Oversight Committee is another step in ensuring that funds from the additional sales tax revenue are judiciously allocated to infrastructure and public safety. This committee, composed of community members,would serve as a watchdog, reviewing budgetary decisions and prioritizing expenditures that directly impact the well-being of residents.
By providing an additional platform for public input and scrutiny,the committee would foster greater accountability among decision-makers, ensuring that essential projects such as road repairs and emergency services receive the attention and resources they need. This proactive approach enhances trust between local government and the community.
The current procedure for appointing members to City advisory committees involves each City Council Member submitting their nominations to the City Clerk, who then presents them for ratification at a Council meeting. This method ensures that the committee reflects input from every Council Member,promoting a balanced representation.
While this approach is outlined in the drafted guidelines, the Council is welcome to explore and discuss alternative appointment processes if preferred.
Members of this committee would be required to submit an annual Form 700 Statement of Economic Interests and attend an ethics training course to educate them on the ethical standards required of any individual in local government.
ENVIRONMENTAL DETERMINATION
The proposed action is not subject to the California Environmental Quality Act(CEQA). Section 15378 of the CEQA Guidelines defines a project subject to CEQA. The proposed action is not included within the definition of a"project" and thus is exempt.
FISCAL IMPACTS
There is no fiscal impact associated with this action.
ALTERNATIVES
Provide alternative direction to staff.
CEQA:Not a Project.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UPLAND CALIFORNIA, ESTABLISHING THE MEASURE N
CITIZENS' OVERSIGHT COMMITTEE AND ADOPTING
OPERATIONAL GUIDELINES FOR SAID COMMITTEE
WHEREAS, the City Council of the City of Upland ("City") is authorized to levy a Transactions and Use (Sales) Tax (TUT) for general purposes pursuant to California Revenue and Taxation Code section 7285.9, subject to approval by a majority vote of the electorate pursuant to Article XIIIC, Section 2 of the California Constitution ("Proposition 218"); and
WHEREAS, pursuant to California Elections Code Section 9222, the City Council has authority to place local measures on the ballot to be considered at a Municipal Election; and
WHEREAS, based upon the above, on August 9, 2024, the City Council of the City of Upland called a General Municipal Election to be held on November 5, 2024, for the purpose of submitting to the voters the question of whether to adopt an ordinance adding Chapter 3.06 to the Upland Municipal Code, which would enact a one percent (1%) TUT until it is ended by voters; and
WHEREAS, the TUT measure will be identified on the November 5, 2024 ballot as Measure N; and
WHEREAS, pursuant to the proposed measure/ordinance, Measure N is a general tax enacted solely to raise revenue for the general governmental use of the City and all of the proceeds from the tax shall be placed in the City's general fund and used for the usual current expenses of the City; and
WHEREAS, in the event that Measure N passes at the November 5, 2024 General Municipal Election, the City Council desires to establish the "Measure N Citizens' Oversight Committee", whose purpose shall be to review and report on the revenues and expenditures of Measure N funds, and such other duties as prescribed by the City Council; and
WHEREAS, the City Council further desires to establish the guidelines that will govern the purpose, duties, appointment, and membership requirements for the Measure N Citizens' Oversight Committee.
NOW, THEREFORE, the City Council of the City of Upland hereby finds, determines and resolves as follows:
Section 1. Findings. The City Council finds that all of the preceding recitals are true and correct.
Section 2. Establishment of Measure N Citizen Oversight Committee and Operational Guidelines. Contingent upon the passage of Measure N at the November 5, 2024 General Municipal Election, the City Council hereby establishes the "Measure N Citizens' Oversight Committee" and adopts the Operational Guidelines, attached
Resolution No.
hereto as Exhibit "A," which are incorporated herein by this reference, to govern the purpose, duties, appointment, and membership requirements for the Measure N Citizen Oversight Committee.
Section 3. Resolution Has No Further Effect if Measure N Does Not Pass. In the event that Measure N does not pass by a majority vote of the electorate at the November 5, 2024 General Municipal Election, the "Measure N Citizens' Oversight Committee"shall not be established and this Resolution shall be void and of no further effect.
Section 4. Compliance with California Environmental Quality Act. The City Council finds that this Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Further, if the activity is deemed a project this City Council finds that this Resolution is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
Section 6. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
Section 7. Effective Date. This Resolution shall become effective immediately.
PASSED, APPROVED AND ADOPTED this 23rd day of September, 2024.
Bill Velto, Mayor
Resolution No.
I, Keri Johnson, City Clerk of the City of Upland, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council held on the 23rd day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Keri Johnson, City Clerk
Resolution No.
EXHIBIT A
CITY OF UPLAND
MEASURE N CITIZENS' OVERSIGHT COMMITTEE
OPERATIONAL GUIDELINES
Section 1. Committee Purpose
On November 5, 2024, Upland Voters approved, by a majority vote, the City of Upland 1% Sales Tax for General City Services, a general one percent (1%) transactions and use (sales) tax - Measure N.
By City Council Resolution No. , the City Council established this Committee to review and report on the revenues and expenditures of Measure N funds, and to perform such other duties as may be prescribed by the City Council. These Guidelines are intended to implement the oversight provisions of Resolution No.
The Measure N Citizens' Oversight Committee will convene at least biannually to review and report to the public and the City Council on the revenue and expenditures generated by Measure N. The Committee shall confine itself specifically to its obligations regarding Measure N funds. All revenue from other sources falls outside the scope of the Committee's review.
Section 2. Composition, Eligibility and Term of Membership.
A. The Committee shall consist of five (5) members appointed by the Council.
B. Eligibility to serve on the Committee shall be limited to Upland residents and, to the extent applicable, Chapter 2.16 of the Upland Municipal Code.
C. The term of each Committee member shall coincide with the holding of office by the nominating member of the City Council. No member of the Committee shall serve as such Committee member for more than two consecutive four- year terms without the approval of the council by a four-fifths vote.
D. Members of the Committee shall submit an annual statement of financial disclosure in compliance with the Political Reform Act, Government Code §§81000 et seq.
Section 3. Selection and Appointment Process.
A. The City Clerk shall maintain a roster of individuals who expressed interest in serving on the Committee and who have completed an application form. Any application filed shall be valid for a period of three (3) years. Incumbent Committee Members shall submit an application prior to the end of their term if they would like to be considered for reappointment.
Resolution No.
B. Members of the City Council will review the list of applicants and submit a nominee for appointment. Councilmembers will give consideration to candidates who reside in their respective district. If a Councilmember cannot find a suitable candidate to nominate from the Councilmember's respective district, the Councilmember may nominate a candidate from a different district at that Councilmember's discretion.
C. Eligibility to serve on the Committee shall be limited to Upland residents not currently appointed to any City Committee, Board, or Commission.
D. The City Council will appoint members based on an application and as otherwise required by Section 2.16.020 of the Upland Municipal Code.
E. Each member of the City Council shall submit their nomination from the list of qualified candidates to the City Clerk for consideration at a Council meeting.
Section 4. Citizen Oversight Committee Procedures.
1. The member appointed by the Mayor to the Committee shall serve as the Chairperson. In the absence of the Chairperson, the Committee will appoint a Vice Chairperson to preside over the meeting;
2. A simple majority of the Committee shall constitute a quorum and a simple majority of the quorum may decide business of the Committee;
3. The Committee shall meet at such times as the Assistant City Manager deems appropriate in order to fulfill the duties of the Committee, but not less than biannually;
4. Committee Members may be removed by the City Council as provided in section 2.16.030 of the Upland Municipal Code;
5. Committee Members shall comply with the attendance requirements of Section 2.16.050 of the Upland Municipal Code.
6. All Committee meetings will be held in compliance with the Ralph M. Brown Act, Government Code §§54950 et seq.
Section 5. Duties of the Citizen Oversight Committee.
The Citizen Oversight Committee shall act in an oversight capacity to review revenues and expenditures generated by Measure N - a general one percent (1%) transactions and use (sales) tax approved by a majority of Upland voters at the November 5, 2024 General Municipal Election. The Committee's specific duties are to report to the City Council semi-annually on the following:
• The revenue receipts and expenditures of Measure N funds; • The status and performance of programs and services funded wholly or in part with Measure N funds.