Housing Element

Table of Contents Agenda Closed Session Agenda Agenda Proclamation Proclaiming the week of December 8 - December 12 as Disaster Preparedness Week in American Canyon Proclamation ACFPD - Adopt a Resolution fixing the Employer’s contribution under Public Employees’ Medical and Hospital Care Act SR Fixing Employer's Contribution under Public Employer's under PEMHCA Resolution Fixing Employer's Contributionsunder PEMHCA Consider Minutes of the Regular City Council/Fire Protection District Meeting of November 18, 2014 November 18, 2014 Minutes Introduce and Conduct First Reading by Title Only of an Ordinance to amend the American Canyon Municipal Code Section 19.05.040 Residential classifications to include a definition of Supportive Housing and Transitional Housing; amend Table 19.10.040 to classify Transitional and Supportive housing as a Permitted use in all residential zoning districts; amend Table 1 in Municipal Code Section 19.11.040 to classify Homeless Shelters as a Permitted use in Community Commercial (CC) zoning district; amend Table 19.14.050 in Municipal Code to classify Homeless Shelters as a Permitted use in Light Industrial (LI) zoning district; add Chapter 19.38 Emergency Shelters to the Municipal Code; and repeal and replace Chapter 19.27 Housing Incentives with the current State Density Bonus law Staff Report Att 1 Draft Ordinance Att 2 ACHE Assessment Memo Receive Report and Provide Staff Direction Regarding the Draft 2015-2023 Housing Element Staff Report Att 1A Housing Element Att 1B Housing Element Conduct a workshop to discuss a potential zoning code amendment alternatives that addresses the operation of Food Trucks and Ice Cream Trucks in the City of American Canyon Staff Report Att 1 League of Cities Report Att 2 Draft Ordinance Discussion and direction regarding the City's Economic Development Strategy ED staff report Discuss increases in water and wastewater capacity fees for new development 1

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16 20 40

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237 241 272

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Staff report W and WW fees

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City of American Canyon JOINT CITY COUNCIL, FIRE DISTRICT BOARD AND PLANNING COMMISSION Special Meeting 4381 Broadway, Suite 201 Tuesday, December 02, 2014 6:30 PM AGENDA ELECTED OFFICIALS: Mayor Leon Garcia, Vice Mayor Belia Ramos, Councilmembers Joan Bennett, Mark Joseph, Kenneth I. Leary

Public Notices: Public Comment: Special Assistance:

Closed Sessions:

Cellular Phones: Fire District Board: Open Meetings Act:

Reading of Ordinance Titles: Presentations:

A.

To speak about an item on the Agenda or under Public Comment, please complete a Speaker’s Card and submit to the City Clerk before the beginning of the meeting. All public meetings and events sponsored or conducted by the City of American Canyon are held in accessible sites. Requests for accommodations may be made by calling (707) 647-4577 (voice) or 711 for the California Relay Service or e-mailing the ADA Coordinator, Sue Casey, Administrative Services Director at [email protected] no less than 72 hours in advance of the event. Copies of documents distributed at the meeting are available in alternative formats upon request. The City Council/Joint Fire District Board convenes at the stated time, but will adjourn to any Closed Session items on the Agenda. The Council will reconvene in Open Session at 6:30 p.m. If necessary, the Council may reconvene in Closed Session to continue discussion of listed items following the completion of other business. Thank you for placing your cell phone on silent/vibrate. Use of cell phones in the City Council Chambers may compromise microphone sound quality. Fire District Board items are identified with the letters “ACFPD” next to the item. Any writings or documents provided to a majority of the City Council regarding any item on this Agenda are available during normal business hours, for public inspection in the Office of the City Clerk, City Hall, 4381 Broadway, American Canyon. Government Code Section 36934 requires that all ordinances are read in full prior to Council action. By listing the ordinance title on the Council meeting agenda, Council may deem that the title has been read in compliance with GC Section 36934. Any member of the public wishing to use audio/video equipment as part of a public presentation must contact the City Clerk’s Office at 647-4352 to make arrangements at least one week in advance of the meeting.

CALL TO ORDER

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3

Nagtatagalog po kami

B.

FLAG SALUTE

C.

ROLL CALL

D.

REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION: 1. Closed Session Agenda

E.

CITY CLERK ANNOUNCEMENT PURSUANT TO GOV CODE 54952.3:

F.

PROCLAMATIONS AND PRESENTATIONS: a. Proclamation Proclaiming the week of December 8 - December 12 as Disaster Preparedness Week in American Canyon

G.

MAYOR/COUNCIL COMMENTS AND COMMITTEE REPORTS: The Mayor and Council may comment on matters of public concern and announce matters of public interest; no collective Council action will be taken.

H.

PUBLIC COMMENT:

Any person may address a matter on the Consent Calendar or a matter not listed on the agenda that is within the jurisdiction of the City Council/Fire District. However, state law prohibits action by the legislative body on items not on the Agenda. Public comment on matters listed under Public Hearings or Business will be taken up at the time the matter is considered. Please limit comments to 3 minutes unless the Mayor/Council grant further time. I.

AGENDA CHANGES: The Mayor/ Council may change the order of the Agenda or request discussion of a Consent Item. A member of the Public may request discussion of a Consent Item by completing a Speaker’s Card and presenting it to the City Clerk prior to Public Comment.

J.

CONSENT ITEMS: Consent Items are routine matters enacted by one motion according to the recommendation.

1. Recommendation: ACFPD - Adopt a Resolution fixing the Employer’s contribution under Public Employees’ Medical and Hospital Care Act Contact: Glen E. Weeks, Fire Chief 2. Recommendation: Consider Minutes of the Regular City Council/Fire Protection District Meeting of November 18, 2014 Contact: Cherri Walton, CMC, Deputy City Clerk K.

CONSENT ITEMS PULLED FOR DISCUSSION:

L.

PUBLIC HEARINGS: 1. Recommendation: Introduce and Conduct First Reading by Title Only of an Ordinance to amend the American Canyon Municipal Code Section 19.05.040 Residential classifications to include a definition of Supportive Housing and Transitional Housing; amend Table 19.10.040 to classify Transitional and Supportive housing as a Permitted use in all

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4


residential zoning districts; amend Table 1 in Municipal Code Section 19.11.040 to classify Homeless Shelters as a Permitted use in Community Commercial (CC) zoning district; amend Table 19.14.050 in Municipal Code to classify Homeless Shelters as a Permitted use in Light Industrial (LI) zoning district; add Chapter 19.38 Emergency Shelters to the Municipal Code; and repeal and replace Chapter 19.27 Housing Incentives with the current State Density Bonus law Contact: Brent Cooper, AICP, Community Development Director M.

BUSINESS: 1. Recommendation: Receive Report and Provide Staff Direction Regarding the Draft 20152023 Housing Element Contact: Brent Cooper, Community Development Director Tony Raeker, Associate Planner 2. Recommendation: Conduct a workshop to discuss a potential zoning code amendment alternatives that addresses the operation of Food Trucks and Ice Cream Trucks in the City of American Canyon Contact: Brent Cooper, AICP, Community Development Director 3. Recommendation: Discussion and direction regarding the City's Economic Development Strategy Contact: Dana Shigley, City Manager 4. Recommendation: Discuss increases in water and wastewater capacity fees for new development Contact: Dana Shigley, City Manager Jason Holley, Public Works Director

N.

MANAGEMENT STAFF ORAL REPORTS:

O. GENERAL ANNOUNCEMENTS: City Council Meetings are held the first and third Tuesdays of the month at 6:30 p.m. at the City Council Chambers, 4381 Broadway, unless otherwise posted.

BOARDS and COMMISSIONS:

Planning Commission: 4th Thursday of each month at 6:30 p.m. Parks & Community Services Commission: 2nd Thursday of each month at 6:30 p.m. Open Space Advisory Committee: 1st Wednesday of each month at 6:30 p.m.

P.

ADJOURNMENT: Certification I, Rebekah Barr, MMC, City Clerk for the City of American Canyon, do hereby declare that the foregoing Agenda of the City Council/Fire District Board was posted in compliance with the Brown Act prior to the meeting date. ____________________________________ Rebekah Barr, MMC, City Clerk

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Mayor: Vice Mayor Council:

Leon Garcia Belia Ramos

Joan Bennett Kenneth Leary Mark Joseph

City of American Canyon CITY COUNCIL AND FIRE PROTECTION DISTRICT BOARD 4381 Broadway, Suite 201 SPECIAL CLOSED SESSION AGENDA December 2, 2014 5:30 pm

Leon Garcia, Mayor, has called the City Council/Fire District Board to convene in Special Closed Session at 5:30 p.m.

Public Notice:

1. Conference with Real Property Negotiators - Pursuant to GC Section 54956.8 Property: 4391 Broadway, American Canyon, CA APN 058-083-018 Property Negotiator: Dana Shigley, City Manager 2. Conference with Legal Counsel – Potential Litigation (2 matters) - Pursuant to GC Section 54956.9(d)(2)

ADJOURNMENT: Certification I, Rebekah Barr, MMC, City Clerk for the City of American Canyon, do hereby declare that the foregoing Closed Session Agenda of the City Council/Fire District Board was posted in compliance with the Brown Act prior to the meeting date.

exux~t{ UtÜÜ Rebekah Barr, MMC, City Clerk

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City of American Canyon

Proclamation

PROMOTING DISASTER AND EMERGENCY PREPAREDNESS TO MAKE OUR COMMUNITY SAFER

WHEREAS, the citizens of the City of American Canyon remember the earthquake that shook our county on August 24, 2014; and WHEREAS, the citizens of the City of American Canyon recognize the importance of being prepared for emergencies - specifically home fires and earthquakes; and WHEREAS, according to the Red Cross, 52% of parents with children ages 3-17 have not talked to their families about fire safety; and WHEREAS, according to the Red Cross, 82% of Americans have not practiced home fire drills; and WHEREAS, we can provide our children and families with skills and resources that may prove to be essential in times of emergency; and WHEREAS, the American Canyon High School Chapter of the Red Cross is implementing the Pillowcase Project in American Canyon schools; it is an education program for children in grades 3 – 5, which teaches students about personal and family preparedness, local hazards, and basic coping skills; and WHEREAS, resources are available to assist in being prepared for emergencies through websites such as the RedCross.org, Ready.gov and the Centers for Disease Control’s website, Emergency Preparedness and You. NOW, THEREFORE, BE IT RESOLVED that I, Mayor Leon Garcia, on behalf of the American Canyon City Council, urge all residents to join with the City Council in preparing our city for emergencies by reviewing fire and earthquake drills as well as checking smoke alarms within our workplaces, schools, and homes in addition to teaching children how to make an emergency preparedness kit with their families the week of December 8 – December 12, 2014

___________________________ Leon Garcia, Mayor

December 2, 2014

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AMERICAN CANYON FIRE PROTECTION DISTRICT BOARD AGENDA STAFF REPORT Meeting Date: December 2, 2014 CONSENT ITEM: 1

SUBJECT: Adopt a Resolution fixing the Employer’s contribution under Public Employees’ Medical and Hospital Care Act.

SUBMITTED BY: Glen E. Weeks, Fire Chief

BACKGROUND AND ISSUES: Health benefits under the Public Employees’ Medical and Hospital Care Act (PEMHCA) were extended to employees and annuitants of local agencies contracting with CalPERS in 1967. Public agencies contract with CalPERS by filing a resolution with the Board electing to be subject to PEMHCA. This action signifies the contracting agency’s agreement to comply with the terms, conditions, and definitions of PEMHCA, including: • Coverage

of annuitants (retirees); equal contribution for active employees and annuitants; • An administrative fee of up to 2 percent of total premium; and • Collection of the employees’ share of health plan premiums. • An

Since a key PEMHCA provision is the equal contribution for annuitants and active employees, part of the process to ensure compliance with this provision is to set the rate for the District each year that the health insurance rate changes. CalPERS requires the exact dollar amount of the health care costs approved by the Council via a resolution using the format designated by CalPERS. Government Code Section 22892 (a) provides that a local agency contracting under the Public Employees’ Medical and Hospital Care Act shall fix the amount of the employer’s contribution at an amount not less than the amount required under Section 22892 (b) of the Act Resolution 2013-11 confirmed negotiating terms of a labor agreement between the International Association of Firefighters Local 1186 and the American Canyon Fire Protection District (District), among which terms provided that the District’s monthly contributions

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towards the premium cost of health insurance for the employee, their spouse and minor children effective January 1, 2015 shall be: Family: $1,840.89 Two Party: $1,416.07 Single: $708.04

FINANCIAL IMPACT: There is no additional financial impact at this time as the increase cost in health insurance was anticipated and has been accounted for in the current budget. ENVIRONMENTAL DETERMINATION: None ALTERNATIVES/IMPACTS:

STAFF RECOMMENDATIONS: It is recommended that the Board of Directors adopt Resolution 2014-10 an American Canyon Fire Protection District resolution setting the District’s health contributions for employees and retirees under the Public Employee Medical and Hospital Care Act.

Attachments: American Canyon Fire Protection District Resolution 2014-10 Copies to: CalPERS

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RESOLUTION 2014-10 RESOLUTION FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT

WHEREAS, (1)

Government Code Section 22892(a) provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Section 22892(b) of the Act, and

WHEREAS, (2)

American Canyon Fire Protection District is a local agency contracting under the Act; now, therefore be it

RESOLVED, (a)

That the employer's contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her enrollment, including the enrollment of family members, in a health benefits plan or plans up to a maximum of $ 708.04 per month with respect to employees or annuitants enrolled for self alone, $1,416.07 per month for an employee or annuitant enrolled for self and one family member, and $1,840.89 per month for an employee or annuitant enrolled for self and two or more family members, plus administrative fees and Contingency Reserve Fund Assessments; and be it further

RESOLVED, (b)

That American Canyon Fire Protection District has fully complied with any and all applicable provisions of Government Code Section 7507 in electing the benefits set forth above.

APPROVED AND ADOPTED December 2, 2014 by the following:

Chairman Garcia: _____________ Vice Chair B. Ramos: _____________ Board Member J. Bennett: _____________ Board Member M. Joseph: _____________ Board Member K. Leary: _____________ _________________________ Leon Garcia Chairman, Board of Directors

ATTEST:

APPROVED AS TO FORM:

Glen E. Weeks District Clerk

. William D. Ross District Counsel American Canyon Fire Protection District

CHANGE PERS ALL EQUAL 3 FIXED

Revision November 2012

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Consent Item : 2 City of American Canyon CITY COUNCIL, FIRE DISTRICT BOARD AND JOINT PARKS AND COMMUNITY SERVICES COMMISSION Special Meeting 4381 Broadway, Suite 201 Tuesday, November 18, 2014 6:00 PM MINUTES

A.

CALL TO ORDER

Mayor Garcia called the meeting to order at 6:24 p.m. B.

FLAG SALUTE

C.

ROLL CALL Present: Council Members Ramos, Bennett, Joseph, Leary and Mayor Garcia Absent: None Present: Parks and Recreation Commissioners Plate, Sellick, Mamril and Chair Goff Absent: Commissioners Chow, Hansra

D.

REPORT ON CLOSED SESSION/CONFIRMATION OF REPORTABLE ACTION: 1. Closed Session Agenda

City Attorney Ross noted that there was no reportable action taken on the item considered in closed session. E.

CITY CLERK ANNOUNCEMENT PURSUANT TO GOV CODE 54952.3:

F.

PROCLAMATIONS AND PRESENTATIONS: a. Proclamation making the week of December 1 - December 5 to be Disaster Preparedness Week in American Canyon

This item was continued to December 2, 2014. G.

MAYOR/COUNCIL COMMENTS AND COMMITTEE REPORTS:

Council Member Joseph announced on December 5th the Winter Fest Event will be held from 6:00 - 9:00 p.m. at the Canyon Gallery and Arts Center. Council Member Bennett noted that she attended the League of California Cities conference and an AD HOC Committee Meeting at City Hall. Council Member Leary reported he attended the Napa County Gang Youth Commission meeting. He acknowledged and thanked the healthcare workers who are traveling to Africa to fight Ebola.

Page 1 of 5 City Council/Fire District/ Joint Parks & Community Services Commission Minutes

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Consent Item : 2 H.

PUBLIC COMMENT:

Sindy Biederman, resident thanked Beth Marcus and Fran Lemos for helping out with the Veteran’s Day Memorial Celebration. She asked if the City had a protocol on flags because it would be nice if the City acknowledged the memory of Phillip West. I.

AGENDA CHANGES:

Motion by Vice Mayor Ramos, seconded by Council Member Leary, to approve that Business Item #7 be considered before the Consent Calendar first. Motion carried unanimously. J.

CONSENT ITEMS:

Motion by Vice Mayor Ramos, seconded by Council Member Joseph to approve the Consent Calendar, including Resolutions #2014-91, #2014-92, #2014-93, #2014-94 and Fire District Board Resolution #2014-09. Motion carried unanimously. 1.

Consider Minutes of the Regular City Council/Fire Protection District Meeting of November 4, 2014 (Rebekah Barr, MMC, City Clerk) Action: Minutes were approved

2.

Adopt a Resolution authorizing the purchase of one 2015 Dodge Charger police vehicle from Swift Dodge in the amount of $27,789; outfitting the vehicle for police and canine use from Wattco Emergency Vehicle Installations in the amount of $30,668; and related costs $2,820 for a grand total of $61,277 ( Tracey Stuart, Police Chief, Jason Holley, Public Works Director, Larry Luporini, Public Works Superintendent, and George Gill, Fleet Manager) Action: Approved as Resolution #2014-91

3.

Adopt a Resolution to approve a Contract Amendment for Interwest Consulting Group to increase the amount by $188,000 for Building and Safety Services; amend the FY 2014/15 budget to account for the additional revenues and expenses associated with increased Building Permit activity and account for the costs to fund additional Professional Services contract obligations (Brent Cooper, AICP, Community Development Director) Action: Approved as Resolution #2014-92

K.

CONSENT ITEMS PULLED FOR DISCUSSION:

L.

PUBLIC HEARINGS:

THE PARKS AND COMMUNITY SERVICES COMMISSION WILL CONVENE AND JOIN THE CITY COUNCIL/FIRE DISTRICT BOARD IN JOINT SESSION M.

BUSINESS:

1.

Direct staff concerning proposed increases in the City’s Parks and Civic Facilities Capital Improvement Fee (Creighton Wright, Parks and Recreation Director and Dana Shigley, City Manager) Action: Direction given to Staff

Motion by Council Member Joseph, seconded by Council Member Bennett, to direct staff to put together the necessary Ordinance and noticing to increase the City’s Parks and Civic Facilities Capital Improvement Fee consistent with the CCI. Motion carried unanimously.


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Consent Item : 2 2.

Direct staff concerning the development of the Kimberly Park Stormwater Improvement project (Creighton Wright, Parks and Recreation Director) Action: Direction was given to move forward with Option #3

Don Evans, Napa Valley Unified School District Director of School Planning & Construction, spoke about the traffic concern near Napa Junction Elementary, the priority levels for an elementary school and a middle school in American Canyon. Sam Link, American Canyon Youth Soccer representative, spoke regarding the use of the soccer fields in American Canyon. There was a lengthy discussion between City Council, Parks Commissioners and Staff regarding the design of Kimberly Park, concerns about traffic and drainage issues. Residents Matthew Stewart and Ruth McClure voiced their concerns regarding the need for modifications to Kimberly Park. Motion by Council Member Joseph, seconded by Vice Mayor Ramos, to move forward with Option #3 to take a more phased approach, and install only the improvements on the larger easterly parcel at this time. This work will be primarily funded with Measure A Funds, requiring considerably less funding from alternate sources. The smaller westerly parcel would remain undeveloped at this time. Should the School District eventually decide to utilize this site, the soccer fields on the easterly parcel would become available to the future school for their use during the school day. If the School District eventually decides it does not want to utilize this site, the rest of the original plan, or new park plan at that time, can be developed on the westerly parcel. Motion carried unanimously. 3.

Approve an Inflatable Play Equipment Policy and adopt a Resolution setting forth fees for Inflatable Play Equipment Permit and Inflatable Play Equipment Vendor License (Sherri Cassidy, Administrative Assistant) Action: Approved as Resolution #2014-93

There was discussion between Council and Staff to modify sections within the policy. Council directed staff to make corrections to page 2, Section 3 to include provision regarding use in windy and other weather conditions that vendors and users must be aware of wind/heat limits and not use inflatable play equipment if conditions exceed manufacturer’s recommendations; Page 4, Sixth Initial Comment Section, users must follow rules and guidelines provided by licensed vendor and manufacturer including provisions regarding use in windy and other weather conditions; Page 5, Item #5, Vendor shall follow manufacturer’s guidelines for safe setup, take down, and use of equipment and inform customers of manufacturer’s safe use guidelines including provisions regarding use in windy and other weather conditions. Vendors and users must be aware of wind/heat limits and not use inflatable play equipment if conditions exceed manufacturer’s recommendations. Motion by Council Member Joseph, seconded by Council Member Bennett, to adopt Resolution #2014-93, approving Inflatable Play Equipment Policy and setting an Inflatable Play Equipment Permit Fee and an Inflatable Play Equipment Vendor License Fee and to modify the policy as noted. Motion carried unanimously. 4.

Receive a report and provide comments on staff plans to address several special event related issues identified in the 2014-2015 City Council Strategic Plan (Creighton Wright, Parks and Recreation Director) Action: Report received


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Consent Item : 2 There was discussion between Council and Staff regarding the commitment to support community groups and to look at the east side of American Canyon to host cultural diversity events. Council would like to see business relationships built equally in the community. There was a concern as to how staff addresses signature events opposed to community events. City Manager Shigley stated the goal is not to change any of the events. The goal is to put together a group or subgroups that can look at things comprehensively in a cohesive way rather than in a fractured way. Beth Marcus and Sindy Biederman spoke about members assigned to special events committee. They would like to see City Staff communicate better with members who volunteer on various boards and to be notified when meetings are scheduled. THE PARKS AND COMMUNITY SERVICES COMMISION ADJOURNED AT 9:43 P.M. AND THE CITY COUNCIL/FIRE DISTRICT BOARD CONTINUED IN OPEN SESSION 5. ACFPD - Consideration of Resolution 2014-09 approving salary adjustment for the Fire Chief and Assistant Fire Chief positions (Glen E. Weeks, Fire Chief) Action: Approved as ACFPD Resolution #2014-09 Motion by Vice Chair Ramos, seconded by Board Member Joseph, to approve ACFPD Resolution #2014-09, increasing the salary for the Fire Chief and Assistant Fire Chief Positions. Motion carried unanimously. 6. Adopt a Resolution approving the State Water Project Contract Extension Agreement in Principle (Jason Holley, P.E., Public Works Director and Steve Moore, Water Systems Manager) Action: Approved as Resolution #2014-94 Motion by Council Member Bennett, seconded by Council Member Leary, to approve Resolution #2014-94, approving the State Water Project Contract Extension Agreement in Principle. Motion carried unanimously. 7. Direct Staff to proceed with preparing for the issuance of 2015 Infrastructure Revenue Refunding Bonds (American Canyon Road East) with a principal amount not to exceed $14,400,000, and the refunding of the existing 2005 Infrastructure Revenue Bonds (American Canyon Road East) to provide cost savings to the homeowners (Sue Casey, Administrative Services Director and Dana Shigley, City Manager) Action: Issuance of Bond was Approved Motion by Vice Mayor Ramos, seconded by Council Member Joseph, to approve the issuance of 2015 Infrastructure Revenue Refunding Bonds (American Canyon Road East) with a principal amount not to exceed $14,400,000, and the refunding of the existing 2005 infrastructure Revenue Bonds (American Canyon Road East) to provide cost saving to the homeowners. Motion carried unanimously.

N.

MANAGEMENT STAFF ORAL REPORTS:

O. GENERAL ANNOUNCEMENTS: BOARDS and COMMISSIONS:


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Consent Item : 2

ADJOURNMENT: Meeting adjourned at 9:59 p.m.

____________________________________ Cherri S. Walton CMC, Deputy City Clerk

_____________________________ Leon Garcia, Mayor


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CITY COUNCIL AGENDA STAFF REPORT

December 2, 2014 Public Hearing Item: 1

SUBJECT Introduce for first reading an Ordinance to amend the American Canyon Municipal Code Section 19.05.040 Residential classifications to include a definition of Supportive Housing and Transitional Housing; amend Table 19.10.040 to classify Transitional and Supportive housing as a Permitted use in all residential zoning districts; amend Table 1 in Municipal Code Section 19.11.040 to classify Homeless Shelters as a Permitted use in Community Commercial (CC) zoning district; amend Table 19.14.050 in Municipal Code to classify Homeless Shelters as a Permitted use in Light Industrial (LI) zoning district; add Chapter 19.38 Emergency Shelters to the Municipal Code; and repeal and replace Chapter 19.27 Housing Incentives with the current State Density Bonus law SUBMITTED BY Brent Cooper, AICP, Community Development Director BACKGROUND AND ISSUES According to State Law, every City in Northern California must update its Housing Element and have the update certified by the State of California Housing and Community Development Department (HCD) no later than May 2015. The current update is referred to as the “fifth cycle of Housing Element update.” In the fifth cycle of Housing Element update, HCD has recognized that local governments and staff are facing resource challenges. At the same time, much of the information in the existing Housing Element is still current and/or particular conditions and circumstances have not changed significantly since the last Housing Element update in 2009. Recognizing these circumstances, HCD has created a streamlined review process that jurisdictions may use to reduce time and resources needed to update the Housing Element. The streamlined review process allows jurisdictions to update areas of the existing Housing Element where changes have occurred instead of overhauling the entire Housing Element. HCD in turn will focus its review on those sections of the Housing Element that have changed. In order to qualify to use HCD’s streamlined review process, a jurisdiction must document that its existing Housing Element was adopted and found to be in compliance with State Housing Element law, and that the jurisdiction’s policies, regulations, and procedures meet the requirements of State housing law. Specifically, the jurisdiction must demonstrate compliance with five items: 1) implementation of a Housing Element rezone program (if applicable), 2) adoption of emergency shelter provisions, 3) adoption of transitional and supportive housing provisions, 4) adoption of reasonable accommodation procedures, and 5) consistency with State density bonus law.

4381 Broadway, Suite 201, American Canyon, CA 94503 (707) 647-4360  FAX (707) 643-2355  www.cityofamericancanyon.org

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If the City has complies with all of the five criteria, the new Housing Element will qualify for a streamline review. If any of the five criteria are not met, the City will still be required to adopt these policies into the Housing Element, but through a comprehensive overhaul of the existing Housing Element and not a streamline process. Since the City must adopt all these policies either way, having them completed before submitting the new Housing Element to HCD for certification will save time and money. The City recently hired the consulting firm of Mintier Harnish to update the Housing Element. Chelsey Payne, AICP is the Project Manager. Ms. Payne prepared a memorandum that outlines the status of American Canyon’s current Housing Element with respect to the five streamline criteria (see Attachment 2). Her memorandum indicates that the City meets Criteria #1 and #4, so no further action is required for these two criteria. But the City will need to make changes to comply with Criteria #2, #3 and #5. Listed below is a description of Criteria #2, #3 and #5 and the amendments that the City must approve to comply with each criteria: Criteria #2 Emergency Shelters By‐Right Criteria #2 requires the City to establish zoning ordinance standards that allow Emergency Shelters (i.e., homeless shelters) by‐right. The term “by‐right” means that the City cannot require a discretionary process, such as a conditional use permit before approving building permits for an Emergency Shelter. The City does not currently comply with this requirement because the zoning code requires a conditional use permit for Emergency Shelters in the Medium Density Residential (RM), High Density Residential (RH), and Community Commercial (CC) zones. The 2009 Housing Element stated that the City would amend the Municipal Code to allow Emergency Shelters as a permitted use in the Community Commercial (CC) and Light Industrial (LI) zones (Program 2.18.2(A)). So, staff’s recommendation to make this change to the zoning code is a cleanup item necessary to comply with State Law. To comply with State Law, the following amendments are proposed to ensure compliance with Criteria #2: Zoning Code Amendments to Comply with Criteria #2 

The definition of “Homeless Shelter” is deleted and replaced with “Emergency Shelter”



Emergency Shelter is added as a Permitted Use in the Community Commercial (CC) and Light Industrial (LI) zoning districts



Emergency Shelter development and operational standards are added to the zoning code

To ensure that Emergency Shelters are operated as a good neighbor, State Law provides development and operational standards. These standards require the building to comply with:  A maximum of 40 beds 

Comply with applicable building code requirements



Have on‐site security during all hours when the shelter is open



Provide exterior lighting on pedestrian pathways and parking lot areas on the property



Provide secure areas for personal property



Provide on‐site parking at a rate of two (2) spaces per facility for staff plus one (1) space per six (6) occupants allowed at the maximum capacity

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The operational standards consist of the following: 

Limited Terms of Stay to a maximum of 6 months in a consecutive 12‐month period



Require an Emergency Shelter Management to address management experience, good neighbor issues, transportation, client supervision, client services, and food services. The plan shall be submitted to and approved by the community development department prior to operation of the emergency shelter.

The new definition of Emergency Shelter is included in Attachment 1, Section 2. Emergency Shelter is depicted as a permitted use the Community Commercial (CC) and Light Industrial (LI) zoning districts in Attachment 1, Sections 4 and 5. Development and operational standards for Emergency Shelters are included in Attachment 1, Section 6. Criteria #3 Transitional and Supportive Housing Criteria #3 requires the City to allow transitional and supportive housing as a residential use (see Government Code Section 65583(a)(4)). The City does not currently comply with this requirement because the zoning code does not define these uses or identify them as a permitted use in residential zoning districts. To comply with State Law, the following amendments are proposed to ensure compliance with Criteria #3: Zoning Code Amendments to Comply with Criteria #3 

The definition of “Supportive Housing” is added as follows: “Supportive Housing” refers to rental housing that provides a range of support services designed to enable residents to maintain stable housing, improve his or her health status, lead fuller lives, and when possible, work in the community. Supportive housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zoning district.



The definition of “Transitional Housing” is added as follows: “Transitional Housing” refers to a type of housing that provides services that enable homeless individuals and families transition into permanent housing. A homeless person may live in a transitional dwelling for no less than six (6) months and no case more than two (2) years while receiving supportive services that enable independent living. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zoning district.



Supportive Housing and Transitional Housing is added as a Permitted Use in each residential zoning district.

Even though Transitional and Supportive Housing helps people with special needs integrate into society and lead fuller lives, these uses must comply with all other standards and requirements for residential uses, such as the parking code, noise ordinance, and property maintenance standards.

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By incorporating a definition for each of these types of housing and permitting them in each residential zoning district, the City will comply with State law. For this reason, Supportive and Transitional Housing is defined and shown as a Permitted use in all residential zoning districts. See Attachment 1, Sections 1 and 2. Criteria #5 Density Bonus Criteria #5 requires the City to allow amend the density bonus ordinance to comply with the most recent State Density Bonus law that came into effect on January 1, 2005. The current density bonus regulations in our zoning code reflect the prior 2002 State density bonus law. For this reason, the City is out of compliance with the State Density bonus law. The State’s former density bonus law, which is the basis for the City’s current law, provides a 25 percent density increase when a residential project provides 10 to 20 percent affordable housing. The current State law increases the maximum density bonus from 25 to 35 percent, and requires local governments to grant additional zoning concessions. To comply with State Law, staff recommends repealing the current density bonus law and replacing it with the current density bonus law. A copy of the draft State Density bonus regulations is included as Attachment 1, Section 7. COUNCIL PRIORITY PROJECTS AND PROGRAMS Updating the Housing Element is a Strategic Plan goal and amending the zoning code to comply with current State law will enable the City to take advantage of the Housing Element streamline update process. FINANCIAL IMPACTS Amendments to the zoning code will have no direct financial impacts to the city’s budget as these regulations are a housekeeping item. Any development that is proposed as a result of the new regulations will be subject to cost recovery fees adopted by the City Council. ENVIRONMENTAL DETERMINATION The adoption of the proposed ordinance amendments will implement the 2010 Housing Element, which was subject to CEQA review in the form of a Mitigated Negative Declaration. STAFF RECOMMENDATION: Introduce for first reading an Ordinance to amend the American Canyon Municipal Code Section 19.05.040 Residential classifications to include a definition of Supportive Housing and Transitional Housing; amend Table 19.10.040 to classify Transitional and Supportive housing as a Permitted use in all residential zoning districts; amend Table 1 in Municipal Code Section 19.11.040 to classify Homeless Shelters as a Permitted use in Community Commercial (CC) zoning district; amend Table 19.14.050 in Municipal Code to classify Homeless Shelters as a Permitted use in Light Industrial (LI) zoning district; add Chapter 19.38 Emergency Shelters to the Municipal Code; and repeal and replace Chapter 19.27 Housing Incentives with the current State Density Bonus law. Attachments 1. Draft Ordinance 2. Mintier Harnish Review of the Housing Element

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ORDINANCE NO. 2014‐ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AMERICAN CANYON, CALIFORNIA, ADOPTING HOUSING‐RELATED AMENDMENTS TO THE AMERICAN CANYON MUNICIPAL CODE SECTION 19.05.040 RESIDENTIAL CLASSIFICATIONS TO INCLUDE A DEFINITION OF SUPPORTIVE HOUSING AND TRANSITIONAL HOUSING; AMEND TABLE 19.10.040 TO CLASSIFY TRANSITIONAL AND SUPPORTIVE HOUSING AS A PERMITTED USE IN ALL RESIDENTIAL ZONING DISTRICTS; AMEND TABLE 1 IN MUNICIPAL CODE SECTION 19.11.040 TO CLASSIFY HOMELESS SHELTERS AS A PERMITTED USE IN COMMUNITY COMMERCIAL (CC) ZONING DISTRICT; AMEND TABLE 19.14.050 IN MUNICIPAL CODE TO CLASSIFY HOMELESS SHELTERS AS A PERMITTED USE IN LIGHT INDUSTRIAL (LI) ZONING DISTRICT; ADD CHAPTER 19.38 EMERGENCY SHELTERS TO THE MUNICIPAL CODE; AND REPEAL AND REPLACE CHAPTER 19.27 HOUSING INCENTIVES WITH THE CURRENT STATE DENSITY BONUS LAW WHEREAS, pursuant to Section 65300 of the State Planning and Zoning Law, the City of American Canyon has adopted a General Plan to provide comprehensive long‐range planning and a blueprint of the city’s future form, including land use and circulation maps that specify the roadway network and the distribution of types and intensities of land; and WHEREAS, the most recent General Plan Housing Element Update was adopted in 2010 by the City Council of the City of American Canyon; and WHEREAS, the 2010 Housing Element contains policies and implementation programs that call for amending the City of American Canyon Municipal Code to allow the following: 1. Transitional and Supportive housing in all residential zoning districts; 2. Emergency Shelters by right in Community Commercial (CC) and Light Industrial (LI) zoning districts; and 3. Repeal the existing Housing Incentive ordinance and replace with the current State Density Bonus law; and WHEREAS, as part of the City of American Canyon’s update of its 2010 Housing Element for the 2015‐2023 planning cycle, as required by the State of California the City must provide for Transitional and Supportive housing, Emergency Shelters, and Density Bonus; and WHEREAS, the proposed ordinance amendments implement the 2010 Housing Element, which was subject to CEQA review in the form of a Mitigated Negative Declaration; and WHEREAS, the Planning Commission held a duly‐noticed public hearing on October 23, 2014 and unanimously recommended approval of the ordinance; and WHEREAS, the City Council held a duly‐noticed public hearing on December 2, 2014 at which all those in attendance were given the opportunity to be heard on the proposed project and annexation and the City Council considered the written and oral testimony given at its public hearing in reaching its decision.

ATTACHMENT 1 20

NOW, THEREFORE BE IT ORDAINED that the City Council of the City of American Canyon does hereby approve the following zoning code amendments: SECTION 1. Amend Municipal Code Section 19.05.040 Residential classifications to include a definition of Supportive Housing and Transitional Housing as shown below: Supportive Housing shall mean permanent rental housing that provides a range of support services designed to enable residents to maintain stable housing, improve his or her health status, lead fuller lives, and when possible, work in the community. Supportive housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zoning district. Transitional Housing shall mean a type of supportive housing used to facilitate the movement of homeless individuals and families to permanent housing. A homeless person may live in a transitional dwelling for no less than six (6) months and no case more than two (2) years while receiving supportive services that enable independent living. Transitional housing units are residential uses subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zoning district. SECTION 2. Amend Municipal Code Section 19.05.080 Public and quasi‐public classifications to replace the Use Classification of Homeless Shelter with Emergency Shelter as follows: Emergency shelter: a facility, other than a residential care home, operated by a provider, which provides temporary accommodations to homeless persons and/or families and which meet the standards for shelters contained in Title 25, California Administrative Code, Part 1, Chapter P, Subchapter 12, Section 7972. The term “provider” means a government agency or private nonprofit organization which provides, or contracts with recognized community organizations to provide emergency or transitional shelter for the homeless, and which has been certified by the city as meeting all applicable provisions contained in the California Health and Safety, and Administrative Codes. “Temporary accommodations” means that a homeless person or family will be allowed to reside at the shelter for a time period not to exceed six months. SECTION 3. Amend Table 19.10.040 to classify Transitional and Supportive housing as a Permitted use in all residential zoning districts, and replace the Use Classification of Homeless Shelter with Emergency Shelter as depicted below: Table 19.10.040 PERMITTED AND CONDITIONALLY PERMITTED USES RESIDENTIAL DISTRICTS1 RESIDENTIAL DISTRICT ZONING DISTRICTS Use Classifications RE RR RS RM RH Residential Supportive Housing P P P P P

Related Provisions

Transitional Housing Public and Quasi‐Public Emergency Shelter

P

P ‐

P ‐

21

‐

P

P

C

C

SECTION 4. Amend Table 1 in Municipal Code Section 19.11.040 to classify Emergency Shelters as a Permitted use in Community Commercial (CC) zoning district as depicted below Table 1 Permitted and Conditionally Permitted Uses1 Community Commercial and Neighborhood Commercial Districts Use Classification Zoning District Related Provision CN CC Public and Quasi‐Public Emergency Shelter ‐ P SECTION 5. Amend Table 19.14.050 in Municipal Code to classify Emergency Shelters as a Permitted use in Light Industrial (LI) zoning district as depicted below Table 19.14.050 PERMITTED AND CONDITIONALLY PERMITTED USES1 INDUSTRIAL DISTRICTS Use Classifications Zoning District Related Provisions LI GI Public and Quasi‐Public Emergency Shelter P ‐ SECTION 6. Chapter 19.38 Emergency Shelters of the Municipal Code is hereby added as follows: Chapter 19.38 EMERGENCY SHELTERS 19.38.010

Location of emergency shelters.

Emergency shelters are permitted as an allowed use in the Community Commercial (CC) and Light Industrial (LI) subject to the location restrictions identified in this Section. Emergency shelters are also permitted within the Medium Density Residential (RM), High Density Residential (RH) with approval of a conditional use permit and subject to the location restrictions identified in this Section. Emergency shelters shall not be located within less than 300 from any other existing emergency shelter facility. 19.38.020

Standards.

In addition to the development standards in the underlying zoning district, emergency shelters shall comply with the standards set forth in this Section. In the event of conflict between these standards and the underlying zoning district regulations, the provisions of this Section shall apply.

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A. Physical Characteristics. 1.

Compliance with applicable state and local uniform housing and building code requirements.

2.

The facility shall have on‐site security during all hours when the shelter is open.

3. Facilities shall provide exterior lighting on pedestrian pathways and parking lot areas on the property. Lighting shall reflect away from residential areas and public streets. 4.

Facilities shall provide secure areas for personal property.

B. Limited Number of Beds per Facility. Emergency shelters shall not exceed 40 beds. C. Limited Terms of Stay. The maximum term of staying at an emergency shelter is 6 months in a consecutive 12‐month period. D. Parking. The emergency shelter shall provide on‐site parking at a rate of two (2) spaces per facility for staff plus one (1) space per six (6) occupants allowed at the maximum capacity. E. Emergency Shelter Management. A management plan is required for all emergency shelters to address management experience, good neighbor issues, transportation, client supervision, client services, and food services. Such plan shall be submitted to and approved by the community development department prior to operation of the emergency shelter. The plan shall include a floor plan that demonstrates compliance with the physical standards of this chapter. The operator of each emergency shelter shall annually submit the management plan to the planning, inspections and permitting department with updated information for review and approval. SECTION 7. Chapter 19.27 Housing Incentives is repealed and replaced with Chapter 19.27 Density Bonus in accordance with current State density bonus law as shown below: Chapter 19.27 DENSITY BONUS 19.27.010 ‐ Purpose of Chapter As required by Government Code Section 65915, this Chapter offers density bonuses, and incentives or concessions for the development of housing that is affordable to the types of households and qualifying residents identified in Section 19.27.020 (Eligibility for Bonus, Incentives, or Concessions), below. This Chapter is intended to implement the requirements of Government Code Section 65915 et seq. and the Housing Element of the General Plan. 19.27.020 ‐ Eligibility for Bonus, Incentives, or Concessions In order to be eligible for a density bonus and other incentives or concessions as provided by this Chapter, a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of this Zoning Ordinance, except as provided by Section 19.27.040 (Allowed Incentives or Concessions).

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A.

B.

C.

D. E.

Resident requirements. A housing development proposed to qualify for a density bonus shall be designed and constructed so that it includes at least any one of the following: 1. 10 percent of the total number of proposed units are for lower income households, as defined in Health and Safety Code Section 50079.5; 2. Five percent of the total number of proposed units are for very low income households, as defined in Health and Safety Code Section 50105; 3. The project is a senior citizen housing development as defined in Civil Code Sections 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code Sections 798.76 or 799.5; or 4. 10 percent of the total dwelling units in a common interest development as defined in Civil Code Section 1351 are for persons and families of moderate income, as defined in Health and Safety Code Section 50093, provided that all units in the development are offered to the public for purchase. Applicant selection of basis for bonus. For purposes of calculating the amount of the density bonus in compliance with Section 19.27.030 (Allowed Density Bonuses), below, the applicant who requests a density bonus shall elect whether the bonus shall be awarded on the basis of Subsections A. 1., 2., 3., or 4., below. Bonus units shall not qualify a project. A density bonus granted in compliance with Section 19.27.030 (Allowed Density Bonuses), below, shall not be included when determining the number of housing units that is equal to the percentages required by Subsection A., above. Minimum project size to qualify for density bonus. The density bonus provided by this Chapter shall be available only to a housing development of five or more dwelling units. Condominium conversion projects. A condominium conversion project for which a density bonus is requested shall comply with the eligibility and other requirements specified in Government Code Section 65915.5.

19.27.030 ‐ Allowed Density Bonuses The review authority shall determine the amount of a density bonus allowed in a housing development in compliance with this Section. For the purposes of this Chapter, "density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable General Plan Land Use designation and zone as of the date of application by the applicant to the City. A.

Density bonus. A housing development that complies with the eligibility requirements specified in Subsections 19.27.020 A. 1., 2., 3., or 4., above, shall be entitled to density bonuses as follows, unless a lesser percentage is proposed by the applicant. 1. Bonus for units for lower income households. A housing development that is eligible for a bonus in compliance with the criteria specified in Section 19.27.020 A. 1. (10 percent of

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units for lower income households) shall be entitled to a density bonus calculated as follows: TABLE 3‐3 BONUS FOR LOWER INCOME HOUSEHOLDS Percentage of Low‐Income Percentage of Density Units Proposed Bonus 10 11 12 13 14 15 17 18 19 20 2.

20 21.5 23 24.5 26 27.5 30.5 32 33.5 35

Bonus for units for very low‐income households. A housing development that is eligible for a bonus in compliance with the criteria specified in Section 19.27.020 A. 2., (five percent of units for very low‐income households) shall be entitled to a density bonus calculated as follows:

TABLE 3‐4 BONUS FOR VERY LOW‐INCOME HOUSEHOLDS Percentage of Very Low‐ Percentage of Density Income Units Proposed Bonus 5

20

6

22.5

7

25

8

27.5

9

30

10

32.5

11

35

25

3.

4.

Bonus for senior citizen development. A housing development that is eligible for a bonus in compliance with the criteria in Section 19.27.020 A. 3., (senior citizen development or mobile home park) shall be entitled to a density bonus of 20 percent. Bonus for moderate income units in common interest development. A housing development that is eligible for a bonus in compliance with the criteria specified in Section 19.27.020 A. 4. (10 percent of units in a common interest development for persons and families of moderate income) shall be entitled to a density bonus calculated as follows:

TABLE 3‐5 BONUS FOR MODERATE INCOME HOUSEHOLDS Percentage of Moderate‐ Percentage of Density Income Units Proposed Bonus 10

5

11

6

12

7

13

8

14

9

15

10

16

11

17

12

18

13

19

14

20

15

21

16

22

83

23

18

24

19

25

20

26

21

27

22

28

23

26

Percentage of Moderate‐ Income Units Proposed

Percentage of Density Bonus

5.

29

24

30

25

31

26

32

27

33

28

34

29

35

30

36

31

37

32

38

33

39

34

40

35

Density bonus for land donation. When an applicant for a tentative map, parcel map, or other residential development approval donates land to the City in compliance with this Subsection, the applicant shall be entitled to a density bonus for the entire development, as follows; provided, that nothing in this Subsection shall be construed to affect the authority of the City to require a developer to donate land as a condition of development. a. Basic bonus. The applicant shall be entitled to a 15 percent increase above the otherwise maximum allowable residential density under the applicable Land Use Plan designation and zone for the entire development, and an additional increase as follows.

TABLE 3‐6 BASIC BONUSES Percentage of Very Low‐ Percentage of Density Income Units Proposed Bonus 10

15

11

16

27

Percentage of Very Low‐ Income Units Proposed

Percentage of Density Bonus

12

17

13

18

14

19

15

20

16

21

17

22

18

23

19

24

20

25

21

26

22

27

23

28

24

29

25

30

26

31

27

32

28

33

29

34

30

35

b. Increased bonus. The increase identified in Table 3‐6 above shall be in addition to any increase in density required by Subsections A. 1. through A. 4., up to a maximum combined mandated density increase of 35 percent if an applicant seeks both the increase required in compliance with this Subsection A. 5., as well as the bonuses provided by Subsections A. 1. through A. 4. c. Eligibility for increased bonus. An applicant shall be eligible for the increased density bonus provided by this Subsection if all of the following conditions are met:

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(1) The applicant donates and transfers the land no later than the date of approval of the final map, parcel map, or residential development application. (2) The developable acreage and zoning classification of the land being transferred are sufficient to allow construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. (3) The transferred land is at least one acre in size, or of sufficient size to allow development of at least 40 units; has the appropriate Land Use Plan designation; is appropriately zoned for development as affordable housing; and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. (4) No later than the date of approval of the final map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than Building Permits, necessary for the development of the very low income housing units on the transferred land, except that the City may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(i) if the design is not reviewed by the City before the time of transfer. (5) The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with Section 19.27.070 (Continued Availability), which shall be recorded on the property at the time of dedication. (6) The land is transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to the approved housing developer. (7) The transferred land shall be within the boundary of the proposed development or, if the City agrees, within one‐quarter mile of the boundary of the proposed development. B.

C.

Greater or lesser bonuses. The City may choose to grant a density bonus greater than provided by this Section for a development that meets the requirements of this Section, or grant a proportionately lower density bonus than required by this Section for a development that does not fully comply with the requirements of this Section. Density bonus calculations. The calculation of a density bonus in compliance with this Section that results in fractional units shall be rounded up to the next whole number, as required by State law. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels.

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D.

E.

Requirements for amendments or discretionary approval. The granting of a density bonus shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval. Location of bonus units. The developer may locate density bonus units in the housing project in areas other than where the units for the lower income households are located.

19.27.040 ‐ Allowed Incentives or Concessions A. Applicant request and City approval. 1. An applicant for a density bonus in compliance with this Chapter may submit to the City a proposal for the specific incentives or concessions listed in Subsection C. (Type of incentives), below, that the applicant requests in compliance with this Section, and may request a meeting with the Director. The applicant may file a request either before filing an application for City approval of a proposed project or concurrently with an application for project approval. The review authority shall grant an incentive or concession request that complies with this Section unless the review authority makes either of the following findings in writing, based upon substantial evidence: a. The incentive or concession is not required to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Section 19.27.070 B. (Unit cost requirements); or b. The incentive or concession would have a specific adverse impact, as defined in Government Code Section 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low‐ and moderate‐income households. 2. The applicant shall show that a waiver or modification of development standards is necessary to make the housing units economically feasible. B. Number of incentives. The applicant shall receive the following number of incentives or concessions. 1. One incentive or concession. One incentive or concession for a project that includes at least 10 percent of the total units for lower income households, at least five percent for very low income households, or at least 10 percent for persons and families of moderate income in a common interest development. 2. Two incentives or concessions. Two incentives or concessions for a project that includes at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a common interest development.

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3.

C.

D.

Three incentives or concessions. Three incentives or concessions for a project that includes at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development.

Type of incentives. For the purposes of this Chapter, concession or incentive means any of the following: 1. A reduction in the site development standards of this Zoning Ordinance (e.g., site coverage limitations, setbacks, reduced parcel sizes, and/or parking requirements) (see also Section 19.27.050 [Parking Requirements in Density Bonus Projects]), or a modification of architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code Section 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions; 2. Approval of mixed‐use land uses not otherwise allowed by this Zoning Ordinance in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located; 3. Other regulatory incentives proposed by the applicant or the City that will result in identifiable, financially sufficient, and actual cost reductions; and/or 4. In its sole and absolute discretion, a direct financial contribution granted by the review authority, including writing‐down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure. Effect of incentive or concession. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a General Plan amendment, Zoning Map amendment, or other discretionary approval.

19.27.050 ‐ Parking Requirements in Density Bonus Projects A. Applicability. This Section applies to a development that meets the requirements of Section 19.27.020 (Eligibility for Density Bonus, Incentives, and Concessions), above, but only at the request of the applicant. An applicant may request additional parking incentives or concessions beyond those provided in this Section in compliance with Section 19.27.040 (Allowed Concessions and Incentives), above. B. Number of parking spaces required. 1. At the request of the applicant, the City shall require the following vehicular parking ratios for a project that complies with the requirements of Section 19.27.020 (Eligibility for Density Bonus, Incentives, and Concessions), above, inclusive of handicapped and guest parking. a. Zero to one bedroom: One on‐site parking space.

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b. Two to three bedrooms: Two on‐site parking spaces. c. Four and more bedrooms: Two and one half on‐site parking spaces. 2. C.

If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number.

Location of parking. For purposes of this Section, a development may provide on‐site parking through uncovered parking, but not through on‐street parking.

19.27.060 ‐ Bonus and Incentives for Developments with Child Care Facilities A. Housing developments. A housing development that complies with the resident and project size requirements of Subsections 19.27.020 A. and B., above, and also includes as part of that development a child care facility other than a large or small family day care home, that will be located on the site of, as part of, or adjacent to the development, shall be subject to the following additional bonus, incentives, and requirements. 1. Additional bonus and incentives. The City shall grant a housing development that includes a child care facility in compliance with this Section either of the following: a. An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the child care facility; or b. An additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility. 2. Requirements to qualify for additional bonus and incentives. a. The City shall require, as a condition of approving the housing development, that: (1) The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable in compliance with Section 19.27.070 (Continued Availability), below; and (2) Of the children who attend the child care facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income in compliance with Subsection 19.27.020 A. (Resident requirements), above. b. The City shall not be required to provide a density bonus for a child care facility in compliance with this Section if it finds, based upon substantial evidence, that the community has adequate child care facilities.

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B.

Commercial and industrial developments. A developer of a commercial or industrial development project, containing at least 50,000 square feet of floor area, may be granted a density bonus when that developer agrees to set aside at least 2,000 square feet of interior floor area and 3,000 outdoor square footage to be used for a child care facility, other than a large or small family day care home, in compliance with Government Code Section 65917.5 (Commercial density bonus). 1. Allowable density bonuses. The allowable density bonus may be one of the following: a. A maximum of five square feet of floor area for each one square foot of floor area contained in the child care facility located in an existing child care facility; or b. A maximum of 10 square feet of floor area for each one square foot of floor area contained in the child care facility located in a new child care facility. 2. Requirements. Requirements to qualify for the additional density bonus shall include all of the following: a. For purposes of calculating the allowable density bonus under this Subsection, both the total area contained within the exterior walls of the child care facility and all outdoor areas devoted to the use of the facility in compliance with applicable State child care licensing requirements shall be considered. b. The child care facility shall be of a sufficient size to comply with all applicable State licensing requirements in order to accommodate at least 40 children. c. This facility may be located either on the project site or may be located off‐site as agreed upon by the developer and the City. d. If the child care facility is not located on the site of the development project, the City shall determine whether the location of the child care facility is appropriate and whether it complies with the purpose and intent of this Section. e. The granting of a density bonus shall not preclude the City from imposing necessary conditions on the development project or on the additional square footage in compliance with Government Code Section 65917.5 (Commercial density bonus). 19.27.070 ‐ Continued Availability The units that qualified the housing development for a density bonus and other incentives and concessions shall continue to be available as affordable units in compliance with the following requirements, as required by Government Code Section 65915(c). See also Section 19.27.100 (Control of Resale). A.

Duration of affordability. The applicant shall agree to, and the City shall ensure, the continued availability of the units that qualified the housing development for a density bonus and other incentives and concessions, as follows.

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1.

2.

Low‐ and very low‐income units. The continued affordability of all low‐ and very low‐ income qualifying units shall be maintained for 30 years, or a longer time if required by the construction or mortgage financing assistance program, mortgage insurance program, rental subsidy program, or by City policy or ordinance. Moderate income units in common interest development. The continued availability of moderate‐income units in a common interest development shall be maintained for a minimum of 10 years, or a longer time if required by City policy or ordinance.

B.

Unit cost requirements. The rents and owner‐occupied costs charged for the housing units in the development that qualify the project for a density bonus and other incentives and concessions, shall not exceed the following amounts during the period of continued availability required by this Section: 1. Lower income units. Rents for the lower income density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053; and 2. Owner‐occupied units. Owner‐occupied units shall be available at an affordable housing cost as defined in Health and Safety Code Section 50052.5. C. Occupancy and resale of moderate‐income common interest development units. An applicant shall agree to, and the City shall ensure that the initial occupant of moderate income units that are directly related to the receipt of the density bonus in a common interest development as defined in Civil Code Section 1351, are persons and families of moderate income, as defined in Health and Safety Code Section 50093, and that the units are offered at an affordable housing cost, as defined in Health and Safety Code Section 50052.5. The City shall enforce an equity sharing agreement unless it is in conflict with the requirements of another public funding source or law. The following requirements apply to the equity sharing agreement. 1. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. 2. The City shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within three years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote home ownership. For the purposes of this Section: a. The City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price to the moderate‐income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value; and b. The City's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale. 19.27.080 ‐ Location and Type of Designated Units

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A.

B.

Location/dispersal of units. Designated units shall be reasonably dispersed throughout the project where feasible, shall contain on average the same number of bedrooms as the non‐ designated units in the project, and shall be compatible with the design or use of remaining units in terms of appearance, materials, and finish quality. Phasing. If a project is to be phased, the density bonus units shall be phased in the same proportion as the non‐density bonus units, or phased in another sequence acceptable to the City.

19.27.090 ‐ Density Bonus Agreement A. Agreement required. An applicant requesting a density bonus shall agree to enter into a density bonus agreement (referred to as the "agreement") with the City in the City's standard form of agreement. The applicant shall prepare the draft agreement for submission to the City for review. B. Agreement provisions. 1. Project information. The agreement shall include at least the following information about the project: a. The total number of units approved for the housing development, including the number of designated dwelling units; b. A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD Guidelines; c. The marketing plan for the affordable units; d. The location, unit sizes (square feet), and number of bedrooms of the designated dwelling units; e. Tenure of the use restrictions for designated dwelling units of the time periods required by Section 19.27.070 (Continued Availability); f. A schedule for completion and occupancy of the designated dwelling units; g. A description of the additional incentives and concessions being provided by the City; h. A description of the remedies for breach of the agreement by the owners, developers, and/or successors‐in‐interest of the project; and i. Other provisions to ensure successful implementation and compliance with this Chapter. 2. Minimum requirements. The agreement shall provide, at minimum, that: a. The developer shall give the City the continuing right‐of‐first‐refusal to lease or

35

purchase any or all of the designated dwelling units at the appraised value; b. The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors‐in‐interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the City; c. When providing the written approval, the City shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for low and very low‐income households, as published by HUD; d. The City shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households; e. Applicable deed restrictions, in a form satisfactory to the City Counsel, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the Certificate of Occupancy; f. In any action taken to enforce compliance with the deed restrictions, the City Attorney shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the City's costs of action including legal services; and g. Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement. 3.

4.

For‐sale housing conditions. In the case of a for‐sale housing development, the agreement shall provide for the following conditions governing the initial sale and use of designated dwelling units during the applicable restriction period: a. Designated dwelling units shall be owner‐occupied by eligible households, or by qualified residents in the case of senior housing; and b. The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the City which: (1) Restricts the sale of the unit in compliance with this Chapter, or other applicable City policy or ordinance, during the applicable use restriction period; (2) Contains provisions as the City may require to ensure continued compliance with this Chapter and State law; and (3) Shall be recorded against the parcel containing the designated dwelling unit. Rental housing conditions. In the case of a rental housing development, the agreement shall provide for the following conditions governing the use of designated dwelling units during the applicable restriction period:

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a. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants; b. Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this Chapter; c. Provisions requiring owners to submit an annual report to the City, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and d. The applicable use restriction period shall comply with the time limits for continued availability in Section 19.27.070 (Continued Availability), above. C. Execution of agreement. 1. Following approval of the agreement, and execution of the agreement by all parties, the City shall record the completed agreement on the parcels designated for the construction of designated dwelling units, at the County Recorder's Office. 2. The approval and recordation shall take place at the same time as the final map or, where a map is not being processed, before issuance of Building Permits for the designated dwelling units. 3. The agreement shall be binding on all future owners, developers, and/or successors‐in‐ interest. 19.27.100 ‐ Control of Resale In order to maintain the availability of for‐sale affordable housing units constructed in compliance with this Chapter, the following resale conditions shall apply. A.

B.

Limits on resale price. The price received by the seller of an affordable unit shall be limited to the purchase price plus an increase based on the local consumer price index, an amount consistent with the increase in the median income since the date of purchase, or the fair market value, whichever is less. Before offering an affordable housing unit for sale, the seller shall provide written notice to the City of their intent to sell. The notice shall be provided by certified mail to the Director. Units to be offered to the City. Home ownership affordable units constructed, offered for sale, or sold under the requirements of this Section shall be offered to the City or its assignee for a period of at least 90 days from the date of the notice of intent to sell is delivered to the City by the first purchaser or subsequent purchasers. Home ownership affordable units shall be sold and resold from the date of the original sale only to households as determined to be eligible for affordable units by the City in compliance with this Section. The seller shall not levy or charge any additional fees nor shall any "finder's fee" or other monetary consideration be allowed other than customary real estate commissions and closing costs.

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C.

D.

Declaration of restrictions. The owners of any affordable unit shall attach and legally reference in the grant deed conveying title of the affordable ownership unit a declaration of restrictions provided by the City, stating the restrictions imposed in compliance with this Section. The grant deed shall afford the grantor and the City the right to enforce the declaration of restrictions. The declaration of restrictions shall include all applicable resale controls, occupancy restrictions, and prohibitions required by this Section. City to monitor resale of units. The City shall monitor the resale of ownership affordable units. The City or its designee shall have a 90‐day option to commence purchase of ownership affordable units after the owner gives notification of intent to sell. Any abuse in the resale provisions shall be referred to the City for appropriate action.

19.27.110 ‐ Judicial Relief, Waiver of Standards A. Judicial relief. As provided by Government Code Section 65915(d)(3), the applicant may initiate judicial proceedings if the City refuses to grant a requested density bonus, incentive, or concession. B. Waiver of standards preventing the use of bonuses, incentives, or concessions. 1. As required by Government Code Section 65915(e), the City shall not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of Subsection 19.27.020 A. (Resident requirements), above, at the densities or with the concessions or incentives allowed by this Chapter. 2. An applicant may submit to the City a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum parcel size, side setbacks, and placement of public works improvements. 3. The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible. C. City exemption. Notwithstanding the provisions of Subsections A. and B., above, nothing in this Section shall be interpreted to require the City to: 1. Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or 2. Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources. SECTION 8. SCOPE Except as set forth in this resolution, all other provisions of the American Canyon Municipal Code shall remain in full force and effect.

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SECTION 9. SEVERABILITY. If any section, sub‐section, subdivision, paragraph, clause or phrase in this Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, sub‐section, subdivision, paragraph, sentence clause or phrase of this Ordinance, irrespective of the fact that any one or more sections, subsections subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional., is for any reason held to in invalid or unconstitutional. SECTION 10. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall within fifteen days of its adoption cause a summary of it to be published in a newspaper and circulated in the City and thereupon and thereafter this Ordinance shall take effect and be in force according to law. PASSED, APPROVED AND ADOPTED at a regularly scheduled meeting of the City Council of the City of American Canyon held on the _____ day of _________, ______, by the following vote: MAYOR GARCIA: _____ VICE MAYOR RAMOS: _____ COUNCIL MEMBER BENNETT: _____ COUNCIL MEMBER JOSEPH: _____ COUNCIL MEMBER LEARY: _____ ____________________________ Leon Garcia, Mayor ATTEST: APPROVED AS TO FORM: ________________________ __________________________ Rebekah Barr, MMC, City Clerk William D. Ross, City Attorney

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th

1415 20 Street Sacramento, CA 95811 (916) 446-0522 FAX (916) 446-7520 [email protected] www.mintierharnish.com

MEMORANDUM TO:

Tony Raeker, Associate Planner, City of American Canyon

FROM:

Chelsey Payne, AICP, Project Manager, Mintier Harnish

DATE:

October 3, 2014

SUBJECT:

American Canyon Housing Element: Streamlined Review Assessment

CC:

Brent Cooper, AICP, Planning Director, City of American Canyon Larry Mintier, FAICP, Principal, Mintier Harnish

In the fifth cycle of housing element updates the California Department of Housing and Community Development (HCD) has recognized that local governments and its own staff are facing resource challenges. At the same time, for many local governments much of the information in their existing housing elements is still current and/or particular conditions and circumstances have not changed significantly since the last housing element update. Recognizing these circumstances, HCD has created a streamlined review process that jurisdictions may use to reduce time and resources needed to update the Housing Element. The streamlined review process allows jurisdictions to update areas of the existing Housing Element where changes have occurred instead of conducting a comprehensive update. HCD in turn will focus its review on those sections of the housing element that have changed. In order to use HCD’s streamlined review process, a jurisdiction must document that its existing housing element was adopted and found to be in compliance with State housing element law, and that the jurisdiction’s policies, regulations, and procedures meet the requirements of State housing law. Specifically, the jurisdiction must document compliance with five items: 1) implementation of a housing element rezone program (if applicable), 2) adoption of emergency shelter provisions, 3) adoption of transitional and supportive housing provisions, 4) adoption of reasonable accommodation procedures, and 5) consistency with State density bonus law. This memo evaluates American Canyon’s eligibility to use HCD’s streamlined review process and, where shortcomings are identified, recommends solutions to comply with State housing law.

1

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Memorandum to Tony Raeker, Associate Planner, City of American Canyon American Canyon Housing Element: Streamlined Review Assessment October 3, 2014

1) Rezone Program Implementation

Did the City’s previous housing element included a rezone program pursuant to GC Sections 65583(c), 65583.2 and 65584.09 to address a shortfall of adequate sites, has the program(s) to rezone been completed? Not applicable. The 2009 Housing Element identified sufficient sites to meet the City’s RHNA across all income categories. It did not identify a shortfall of adequate sites and did not include a rezone program. No further action required. 2) Emergency Shelters By-Right

Does the City’s Zoning Ordinance permit emergency shelters (i.e., homeless shelters) without discretionary action or has a multijurisdictional agreement pursuant to Section 65583(d) been approved? The City does not currently comply with this requirement. The City currently allows homeless shelters as a conditional use in the RM and RH zones. 2009 Housing Element Program 2.18.2(A) committed the City to amending the Municipal Code to allow homeless shelters as a permitted use in the Community Commercial (CC) and Light Industrial (LI) zones and adopting objective standards to regulate homeless shelters. We recommend the City complete this amendment and adopt standards based on the sample Emergency Shelter Ordinance provided at the Kick-off Meeting. As discussed at that meeting, we will be available to attend a public hearing with the Planning Commission on October 23, 2014, to assist with the process of adopting the amendment. 3) Transitional and Supportive Housing

Does City’s Zoning Ordinance permit transitional and supportive housing as a residential use and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone? The City does not currently comply with this requirement. The City’s Zoning Ordinance does not define transitional and supportive housing and does not address these uses. We recommend the City adopt the definitions of transitional and supportive housing that were provided at the Kick-off Meeting. The definitions explain that transitional and supportive housing shall be treated as a residential use subject only to the restrictions that apply to other residential dwellings of the same type in the same zone. No further changes to the Zoning Ordinance would be required beyond simply adopting the definitions. Again, we will be available to attend the Planning Commission hearing on October 23, 2014. 4) Reasonable Accommodation

Does the City have established policies, ordinances or procedures to allow reasonable accommodation for persons with disabilities in the application of zoning and land use policies, ordinances or procedures? The City complies. The City has adopted a reasonable accommodation ordinance (Municipal Code Chapter 19.52). No further action required.

2

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Memorandum to Tony Raeker, Associate Planner, City of American Canyon American Canyon Housing Element: Streamlined Review Assessment October 3, 2014

5) Density Bonus

Is the City’s density bonus ordinance consistent with Government Code Section 65915 (i.e., is it current with State law as of January 1, 2005)? The City does not currently comply with this requirement. The City’s density bonus ordinance is outdated. It does not specifically allow for a maximum density bonus of 35 percent and does not allow for up to three additional concessions, which is required per State Density Bonus Law. At the kick-off meeting, the City expressed interest in adopting a simple density bonus ordinance that references the Government Code rather than restating all the details contained in the Government Code. The Town of Moraga recently adopted a very simple ordinance that does just that. A copy of the ordinance can be found in this staff report to the Town Council: http://www.moraga.ca.us/commissions/planning/meetings/2014/061614/06-16-14_PC-5B_Housing_ZTA.pdf. You may want to consider adding some additional language to the ordinance stating that the City will allow a density bonus up to 35 percent and three additional concessions or incentives consistent with State law.

3

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CITY COUNCIL/PLANNING COMMISSION STAFF REPORT December 2, 2014 Business Item: 1

SUBJECT

Receive report and provide staff direction regarding the Draft 2015‐2023 Housing Element SUBMITTED BY Tony Raeker, Associate Planner BACKGROUND AND ISSUES Our current Housing Element was approved and certified by the State Department of Housing and Community Development (HCD) in 2010 for the 2009‐2014 Housing Element cycle. To strengthen the connection between housing and transportation planning and SB 375 amendments to Government Code (GC) sections 65080 and 65588, State law has extended the lifespan of the Housing Element from a 4‐ year to an 8‐year term. In accordance with SB 375, jurisdictions that do not adopt an updated Housing Element by May 1, 2015 however, must update the Housing Element in 4 years. The 4‐year update is referred to as “The SB 375 Consequence”. For the current cycle of Housing Element updates, HCD created a streamlined review process that jurisdictions may use to reduce time and resources needed to update their Housing Element. This study session introduces the Draft Streamlined Housing Element to the City Council and Planning Commission and provides an opportunity for review and comment on the draft. The streamlined review process allows jurisdictions to update only those areas of the existing Housing Element where changes have occurred instead of conducting a comprehensive update. HCD in turn will focus its review on those sections of the Housing Element that have changed. In order to use HCD’s streamlined review process, the City must document that the existing Housing Element was adopted and found to be in compliance with State Housing Element law, and that its policies, regulations, and procedures meet the requirements of State housing law. Specifically, the City must document compliance with five items: 1) implementation of a Housing Element rezone program (if applicable), 2) adoption of emergency shelter provisions, 3) adoption of transitional and supportive housing provisions, 4) adoption of reasonable accommodation procedures, and 5) consistency with State density bonus law. The City is in compliance with items 1 and 4, but needs to implement changes to the text of the Zoning Ordinance to achieve compliance with items 2, 3 and 5. Staff prepared the necessary changes to the zoning ordinance which is being addressed under a separate agenda item. The Planning Commission held a hearing on these zoning ordinance amendments on October 23, 2014 and recommended that the City Council approve the proposed changes.

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Agenda Report Draft Streamlined Housing Element Update December 2, 2014

PROCESS SCHEDULE Staff will modify the Draft Housing Element in response to input and direction from the City Council and Planning Commission. Once revisions are complete, staff will submit the Draft Housing Element to HCD. Once submitted, HCD has 60 days to complete its review. Following HCD review, both the Planning Commission and the City Council will conduct public hearings to consider final adoption. Staff is tentatively scheduling the Planning Commission hearing to recommend adoption for February 26, 2015 and the City Council adoption hearing for April 7, 2015. The table below provides a tentative schedule. TABLE 1 Housing Element Task

Target Date

City Council and Planning Commission Joint Study Session HCD Review Period

December 2, 2014 December 2014 – February 2015

Environmental Review

January 2015 – February 2015

Public Hearing Draft returned

February 2015

Planning Commission hearing to recommend adoption

February 26, 2015

City Council hearing to adopt the Update

April 7, 2015

Final Adoption Date to avoid the SB 375 Consequence

May 1, 2015

90‐day HCD Review for Certification of Adopted Housing Element

July 2015

SUMMARY OF CHANGES FROM THE 2009 HOUSING ELEMENT The 2015‐2023 Housing Element is a minor update of the 2009 Housing Element to reflect current conditions, including:  Updating the Existing Housing Needs Analysis with 2010 Census and other recent data sources;  Updating the Available Land Inventory to reflect newly approved and planned projects;  Updating the Housing Constraints analysis to reflect new ordinances adopted by the City, several of which were adopted to better comply with State law;  Evaluating the 2009 Housing Element implementation;  Removing programs that have been implemented; and  Adding programs to address new State laws, and in some cases to strengthen programs to better address Housing Element statutes and HCD concerns. HCD will review all aspects of the policy report, so major policy revisions from the 2009 Housing Element are shown in yellow to facilitate the City Council’s review. In addition, each policy is annotated with a note that identifies the source of the policy (i.e.: 2009 Housing Element, Affordable Housing Task Force Policy, or new policy). To facilitate HCD’s review of the background report, all substantive and non‐

44


substantive technical updates from the 2009 background report are highlighted in yellow. A copy of the Draft Housing Element is included as Attachment 1. In addition to the updates listed above, the Housing Element has been revised to address recommendations from the Countywide Affordable Housing Task Force report which the City Council previously discussed on April 15, 2014. Listed below is a table showing each issue that the report identified as appropriate for the Housing Element update and the way in which the issue was addressed. TABLE 2 Countywide Affordable Housing Task Force Housing Element Recommendations STRATEGY #1: PROMOTE COST EFFICIENCIES Action Step #1: Study Alternate Ways to Lower Costs Tasks

Measurable Outcome(s)

a. Identify best Recommendations are practices in use by adopted and other jurisdictions implemented

Draft Housing Element Solution

Notes

Housing Element policy 2.6.3: The City shall provide regulatory and financial incentives to offset costs associated with the development of housing that is affordable to lower‐income households. Such incentives could include, but are not limited to: density bonuses; use of the City’s Affordable Housing Fund; below market price for City‐owned land; expedited permit processing; waived, reduced, or deferred fees; and/or negotiation of alternative development standards.

Included in the Draft Housing Element See also Policy 2.6.8: The City shall continue to enforce the inclusionary housing ordinance, as legally permissible, to ensure a certain percentage of new residential units will be made affordable to lower‐income households.

Action Step #3: Facilitate Legalization of 2nd Units Tasks a. Explore incentives for encouraging 2nd units that will contribute to increasing the housing supply

Measurable Outcome(s) Second unit policies and programs are adopted


Notes

Housing Element policy 2.2.4: The City shall permit development of second or accessory units on owner‐ occupied lots with single family detached units through appropriate regulatory action.

A second unit ordinance update can take many forms. Recommend focusing specifically on 2nd Units as a follow‐up to the Housing Element update.

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Action Step #7: Adopt Utility Allowances for Green Buildings Tasks a. Adjust utility allowances to include separate allowances for tenant‐paid utilities in green buildings



Modification of utility allowances to include lower utility allowances for green buildings.

Housing Element policy 2.10.1: The City shall encourage sustainable development and ensure, at a minimum, that the design of development is consistent with State laws regarding energy conservation.

Notes Included in the Draft Housing Element

STRATEGY # 2: DETERMINE OPTIMAL MIX OF HOUSING TYPES Action Step #2: Direct Resources so that the predominate type of Assisted Units is Rental Housing Tasks a. Adopt policies and budgets that reflect assisted unit goals

Measurable Outcome(s) Policies and budgets adopted to encourage development of and provide funding for rental projects

Draft Housing Element Solution Housing Element policy 2.6.4: The City shall prioritize local financial assistance for affordable rental housing

Notes Included in the Draft Housing Element

Action Step #3: Direct Resources so that Homeownership Opportunities of All Types Are Encouraged Tasks a. Adopt policies and budgets that reflect assisted unit goals

Measurable Outcome(s) Policies and budgets adopted with funding for homeownership projects and programs


Notes

Housing Element policy 2.6.6: Included in the Draft Housing Element The City shall use Federal, State, local, and private funding assistance, to the extent that these opportunities exist, and are appropriate to American Canyon’s needs, to encourage the development of affordable housing.

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Tasks


b. Tie‐in priorities Priorities are included in adopted policies to proximity to transit/ employment, green building, surplus public land

c. Investigate and design effective home ownership assistance programs

Homeownership programs are established


Notes

See Housing Element policy 2.6.10: The City shall explore possible programs, incentives, and/or requirements for increasing employee housing close to major employers in American Canyon.

Included in the Draft Housing Element See also Housing Element policy 2.10.1, 2.10.3, 2.10.4

Housing Element policy 2.6.3: The City shall provide regulatory and financial incentives to offset costs associated with the development of housing that is affordable to lower‐income households. Such incentives could include, but are not limited to: density bonuses; use of the City’s Affordable Housing Fund; below market price for City‐owned land; expedited permit processing; waived, reduced, or deferred fees; and/or negotiation of alternative development standards.

Included in the Draft Housing Element. Recent grants for down‐ payment assistance already facilitate this goal.

Action Step #4: Target a Mix of Households Including Workforce, Special Needs and Seniors Tasks a. Development should include targeting Workforce, Large Families, Special Needs, and Seniors

Measurable Outcome(s) On a case‐by‐case basis, projects will be evaluated for their efforts to meet the needs of prioritized tenant populations

Draft Housing Element Solution Housing Element policy 2.8.1: The City shall strive to address the physical, financial, and supportive service housing needs of workforce, seniors, persons with disabilities, large households, female‐headed households, extremely low‐ income residents, farmworkers, and the homeless.

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Pursue Task? Draft Housing Element Solution Included in the Draft Housing Element. See also Housing Element policies 2.8.2 ‐ 2.8.10.


STRATEGY # 4: IMPLEMENT NON‐MONETARY PRODUCTION OPPORTUNITIES Action Step #2: Pursue Greater Density Tasks


a. Develop a policy targeting density at the midpoint or higher of the density range (taking into account site restrictions)

Future developments will reach greater densities, thereby increasing the housing supply

b. Identify sites that can exceed densities in an affordable housing overlay zone or similar method

Provides transparency for developers while allowing synergies with proximity, transit, and employment centers

Update Strategy

Notes

Housing Element policy 2.1.3: The City shall require developments at the midpoint or higher of the density range unless the applicant submits justification that a density lower than the midpoint is necessary for the feasibility of the project. The Density Bonus ordinance allows affordable housing to exceed the zoning density.

Included in the Draft Housing Element.

Addressed with the draft Density Bonus Ordinance. See also Policy 2.6.3 that allows alternative development standards which help achieve higher residential densities.

Action Step #3: Prioritize Methods to Fast Track Development Processes Tasks a. Review timelines for all development processes, including permitting and inspections

Measurable Outcome(s) Recommendations for streamlining and fast tracking Revised development process are implemented


Notes

Housing Element policy 2.6.1: The City shall give highest priority in the processing and approval of projects that include housing affordable to extremely low‐, very low‐, and low‐income households.

Included in the Draft Housing Element

b. Continue to reach Further streamlining Housing Element policy 2.6.1: The City shall give highest and fast tracking is out to developers, priority in the processing and achieved. architects, and approval of projects that contractors to include housing affordable to obtain feedback on extremely low‐, very low‐, and timelines to prioritize their low‐income households modifications

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Development processing improvements is an ongoing effort.


Action Step #5: Promote Employee Housing Tasks a. Generate a policy whereby new or expanding employers must plan for employee housing b. Outreach to existing major employers to identify opportunities for employee housing on‐site or in proximate locations



Notes

Workforce housing production goods are tied to place of employment. Efficient use of surplus land

Housing Element policy 2.6.10: The City shall explore possible programs, incentives, and/or requirements for increasing employee housing close to major employers in American Canyon


Workforce housing created on‐site or near place of employment. Efficient use of surplus land.

See Housing Element policy 2.6.10

See policy 2.6.10 above

Action Step #6: Generate Proximity Housing Incentives and Policies Tasks


a. Develop employer incentives based on the percentage of their employees living close to work

Economic incentives will help spur private sector employee housing programs and help to reduce traffic


Notes

Housing Element policy 2.6.9: The City shall consider new methods for generating local funding for affordable housing.


REGIONAL HOUSING NEEDS ALLOCATION AND CAPACITY Each jurisdiction in California must plan for its fair share of the region’s housing need, as determined through the Regional Housing Needs Allocation (RHNA). HCD identifies the total housing need for each region of the state. For the San Francisco Bay Area region, the Association of Bay Area Governments (ABAG) distributes this regional need to local governments. Once a local government has received its RHNA, it must revise its Housing Element to demonstrate how it plans to accommodate its portion of the region’s housing need. The City of American Canyon must accommodate 392 units of the total regional housing need, including 170 affordable units (i.e., very low‐ and low‐income units. See Table 2, 2014–2022 RHNA and Residential Development Potential). The City’s share of the 2014‐2022 RHNA is significantly less than the 2007‐2014 RHNA which required zoning to accommodate 728 total units and 285 lower‐income units).

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As a result of the Great Recession and the reduced RHNA, the City’s RHNA can be accommodated with sites that were identified in the 2009 Housing Element. TABLE 2 Regional Housing Needs Allocation RHNA for American Canyon Extremely Low Income (50% to 30% Median‐Income Household (Income >80% to 30% Above Median‐Income Household (Income >100% MFI) % with any housing problems % Cost Burden >30%

Total Owners

Total Renters

Total Households

285 75.4% 77.2% 57.9% 325 55.4% 55.4% 665 51.9% 48.9% 500 41.0% 37.0% 2,380 44.7% 79.6%

50 100.0% 100.0% 80.0% 205 95.1% 27.6% 230 67.4% 60.9% 170 52.9% 52.9% 525 16.2% 4.8%

335 79.1% 80.6% 61.2% 530 70.8% 70.8% 895 55.9% 51.4% 670 44.2% 41.0% 2,905 39.6% 34.8%

Source: CHAS data. 2007-2011.

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2015‐2023 HOUSING ELEMENT

CITY OF AMERICAN CANYON

C. Housing Characteristics Government Code 65583 (a)(2) requires an analysis and documentation of household characteristics that include housing stock conditions. Table 28 shows housing units by type in American Canyon from 2000 to 2014. Since 2000 most of the new units constructed in the city were single family detached housing units. The increase in multifamily between 2000 and 2008 seems to be consistent with the development within the Specific Plan and the three new multifamily projects that were constructed. In 2000 nearly a quarter of units in the city were mobile home units. Virtually all of these mobile homes are located in mobile home parks. In 2014 the Department of Finance estimates the number of mobile homes in American Canyon to have remained about the same since incorporation. As the city develops, the percentage of the housing stock represented by mobile homes will inevitably decline, but the existing mobile homes will continue to represent a significant percentage of the overall housing stock. TABLE 28 HOUSING STOCK AMERICAN CANYON 2000‐2014

Total

Single Family

Multifamily

Mobile Home

Year Number

Percent

Number

Percent

Number

Percent

Number

Percent

2000

3,274

100.0%

2,362

72.1%

131

4.0%

781

23.9%

2001

3,381

100.0%

2,470

73.1%

125

3.7%

786

23.2%

2002

3,811

100.0%

2,903

76.2%

115

3.0%

793

20.8%

2003

4,197

100.0%

3,290

78.4%

107

2.5%

800

19.1%

2004

4,547

100.0%

3,644

80.1%

96

2.1%

807

17.7%

2005

4,969

100.0%

4,068

81.9%

88

1.8%

813

16.4%

2006

5,260

100.0%

4,364

83.0%

78

1.5%

818

15.6%

2007

5,659

100.0%

4,548

80.4%

286

5.1%

825

14.6%

2008

5,795

100.0%

4,686

80.9%

277

4.8%

832

14.4%

2009

5,865

100.0%

4,758

81.1%

268

4.6%

839

14.3%

2010

5,964

100.0%

4,858

81.5%

259

4.3%

847

14.2%

2011

6,018

100.0%

4,912

81.6%

257

4.3%

849

14.1%

2012

6,040

100.0%

4,934

81.7%

257

4.3%

849

14.1%

2013

6,061

100.0%

4,955

81.8%

257

4.2%

849

14.0%

2014

6,071

100.0%

4,965

81.8%

257

4.2%

849

14.0%

Source: DOF Estimates, 2014.


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Age and Condition of Existing Housing Stock The age and condition of the housing stock provides additional measures of housing adequacy and availability in many communities. Although age does not always correlate with substandard housing conditions, neighborhoods with a preponderance of homes more than 30 years old are more likely than newer neighborhoods to have a concentration of housing problems related to deferred maintenance, inadequate landscaping care, outdated utilities or interior amenities, and a need for housing rehabilitation. The year a structure was built can be an indicator of the current condition of the housing unit. Homes of sound construction typically show signs of deterioration and need repair after 30 years if not adequately maintained—some even sooner depending on the construction technique and weather conditions. Table 29 shows that about 75 percent of the city’s housing stock has been constructed since 1980 and is probably in sound condition. About 25 percent of the housing stock is more than 30 years old, however, and nearly one in five homes are more than 50 years old. These estimates correspond to the Housing Conditions survey which stated a majority of the housing in American Canyon has been constructed since 1970. TABLE 29 YEAR STRUCTURE BUILT AMERICAN CANYON 2014

Year Built

Total Housing Units

Total Housing Units Built 2010 or later Built 2000 to 2009 Built 1990 to 1999 Built 1980 to 1989 Built 1970 to 1979 Built 1960 to 1969 Built 1950 to 1959 Built 1940 to 1949 Built 1939 or earlier

5,630 26 2,611 745 864 387 433 482 34 48

Percent of Total Housing Units 100% 0.5% 46.4% 13.2% 15.3% 6.9% 7.7% 8.6% 0.6% 0.9%

Source: ACS-year estimates, 2008-2012.

Housing Conditions Survey The City conducted a housing survey in 2009 of housing conditions in neighborhoods with concentrations of homes greater than 20 years old and in mobile home parks to document housing conditions and the magnitude of the city’s housing rehabilitation needs. In accordance with the definitions of housing condition types listed in the CDBG Grant Manual, the 2009 parcel‐by‐parcel windshield survey ranked the housing condition based on certain criteria. This ranking falls into the following categories:

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

Sound: A unit that appears new or well‐maintained and structurally intact. The foundation should appear structurally undamaged and there should be straight roof lines. Siding, windows, and doors should be in good repair with good exterior paint condition. Minor problems such as small areas of peeling paint and/or other maintenance items are allowable under this category.



Minor: A unit that shows signs of deferred maintenance, or which needs only one major component, such as a roof.



Moderate: A unit in need of replacement of one or more major components and other repairs, such as roof replacement, painting, and window repairs.



Substantial: A unit that requires replacement of several major systems and possibly other repairs (e.g., complete foundation work, roof structure replacement and re‐ roofing, as well as painting and window replacement).



Dilapidated: A unit suffering from excessive neglect, where the building appears structurally unsound and maintenance is non‐existent, not fit for human habitation in its current condition, may be considered for demolition, or, at minimum, major rehabilitation will be required.

The survey identified 19 units in sound condition, 36 units in minor condition, and 112 units in moderate condition. All of these units were single family detached homes within some of the older developments within the city limits. The survey did not identify any units in need of substantial rehabilitation or dilapidated units. With the help of the Rental Rehabilitation Program, the City will be able to work with those residents in need. TABLE 30 HOUSING CONDITION SURVEY AMERICAN CANYON 2009

Condition Type

Housing Type

Condition #

Sound (9 or less)

Single Family Single Family Single Family Single Family Minor (10 to 15) Single Family Single Family Single Family Moderate (16 to 39) Single Family Single Family Single Family Single Family Single Family Substantial (40 to 55) N/A Dilapidated (56 and Over) N/A

1 5 6 7 10 11 15 16 20 21 25 30 N/A N/A

Number of Units 53 14 17 9 6 3 2 3 2 1 1 1 N/A N/A

Total Number per Condition Type

19

36

112 N/A N/A

Source: City Housing Conditions Survey, 2009.


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Vacancy Rates and Housing Occupancy Vacancy rates are an indicator of existing housing need. The difference between the current vacancy rate and optimal vacancy rate is a good measure of whether the market is responding to overall housing needs. Optimal vacancy rates differ between rental housing and for‐sale housing. The Association of Bay Area Governments has set two rates as the regional vacancy objective. For rental housing a 5 percent vacancy rate is considered necessary to permit ordinary rental mobility. For for‐sale housing a 2 percent vacancy rate is considered the threshold to permit ordinary mobility. If vacancy rates are below these levels, residents will have a difficult time finding appropriate units and competition for units will drive up housing prices. According to the California Department of Finance, approximately 330 housing units were vacant in 2014, with an overall vacancy rate of 5.4 percent. In 2008 the vacancy rate was 2.0 percent. By comparison, the countywide vacancy rate was 10.7 percent in 2014 and 6.2 percent in 2008. The for‐sale vacancy rate reported by the Census in 2010 was 2.0 percent, about the ideal rate, while the for‐rent vacancy rate was 0.8 percent, excluding unoccupied dwellings that were not available for sale or rent (e.g., second homes, units already sold or rented but awaiting occupancy), much lower than the ideal rate. Table 31 shows that American Canyon had a smaller percentage of vacant housing than Napa County. TABLE 31 HOUSING OCCUPANCY AMERICAN CANYON AND NAPA COUNTY 2014

American Canyon Napa County

4,917

48

23

234

849

5,741

330

5.4%

55,155

37,758

2,922

4,104

6,582

3,789

49,231

5,924

10.7%

Single Detached

Multifamily

Attached

2 to 4

5 Plus

Percent Vacant

Vacant

6,071

Total Housing Units

Mobile Homes

Area

Occupied

Housing Units

Source: DOF, 2014.

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Building Permit Activity Table 32 summarizes building permit activity in American Canyon since 1999. The majority of housing units built in this period are privately‐owned single family units. Building activity has declined steadily, with slight variations from year to year depending on market demands. These demands can influence the number of building permits in such ways as when the demand for new housing is down, permit requests for improvements to existing housing can go up. TABLE 32 HOUSING PERMITS ISSUED 1999- 2014 AMERICAN CANYON 1999‐2014

Single Family 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Total

Multifamily1

75 164 547 375 312 439 208 226 41 1 6 31 22 29 0 0 2,476

0 0 0 0 0 0 0 0 361 0 0 0 0 0 0 0 361

Total 75 164 547 375 312 439 208 226 402 0 6 31 22 29 0 0 2,836

1

Note: Amounts based on total units for projects and not the total number of projects constructed. Source: Construction Industry Research Board, Building Permit Summary, California Cities and Counties Data, Calendar Years 1999-2006; City of American Canyon, 2007-2014.

D. Special Housing Needs Government Code Section 65583 (a)(3) requires analysis of any special housing needs, such as those for persons with disabilities, including developmental disabilities, the elderly, large households, farmworkers, female‐headed households, and people in need of emergency shelters. Special housing needs arise due to physical, economic, social, or cultural characteristics or conditions that are present in a substantial percentage of the local population. These characteristics or conditions distinguish individuals from the general population and lead to housing or supportive service needs that are not (or cannot) be met by the private market acting alone. Examples of special housing needs include accessibility for the mobility impaired, transitional housing for those leaving a homeless environment, and housing specifically designed for the physical and social needs of older adults.


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Characteristics such as age or physical limitations may be present in a large portion of the population. It is important for the community to accommodate a variety of housing types to serve such special needs groups. For example, disabled‐accessible housing or units that are designed to aid the physical limitations of the elderly may be needed in a community with large populations of this age group. Conversely, a community may have a population of large low‐income families that need adequately sized housing at a low cost. Affordability issues are also important to groups such as female‐headed households, college students, farmworkers, or military personnel. Therefore, the City needs to evaluate the types of special needs groups in order to address the special housing needs. Potential funding sources for special needs housing can include HOME funds, Low Income Housing Tax Credits, Federal funds targeted to homeless, and increased assistance from non‐profit groups within the region.

Extremely Low-Income Households While extremely low‐income households are not considered a special needs group by State law, these households encounter a unique set of housing situations and needs. HCD defines an extremely low‐income household as earning less than 30 percent of the Median Family Income. In 2014 a family of four earning less than $25,850 would be considered extremely low‐income. Often, these households include any combination of special needs populations and/or often represent families and individuals receiving public assistance, such as social security insurance (SSI) or disability insurance. In 2011 there were approximately 335 extremely low‐income households, or 6 percent. Eighty‐five percent of the extremely low‐income households were owners. As shown earlier in Table 27, an estimated 79 percent of extremely low‐income households had one of the four housing problems (i.e., incomplete kitchen facilities, incomplete plumbing facilities, overcrowding, or overpayment). As shown earlier in Table 13, 77 percent of extremely low‐ income owner households and 100 percent of extremely low‐income renter households were overpaying for housing; 61 percent of extremely low‐income households are severely overpaying for housing. Based on the requirements of AB 2634 (Statutes of 2006), each jurisdiction must also address the projected need of extremely low‐income (ELI) households, defined as households earning less than 30 percent of the median income. The projected extremely low‐income need can be assumed as 50 percent of the total need for the very low‐income households. Fifty percent of American Canyon’s 116 very low‐income RHNA units are assumed to be needed to serve extremely low‐income households. Based on this methodology, the City has a projected need of 58 units for extremely low‐income households.

Persons with Disabilities Some individuals have ambulatory impairments, self‐care limitations, or other conditions that may require special housing accommodations or financial assistance. Individuals with

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such disabilities can have a number of special needs that distinguish them from the population at large, including:



Individuals with ambulatory difficulties (such as those confined to wheelchairs) may require special accommodations or modifications to their homes to allow for continued independent living. Such modifications are often called “disabled access.”



Individuals with self‐care limitations (which can include persons with mobility difficulties) may require residential environments that include in‐home or on‐site support services ranging from congregate to convalescent care. Support services can include medical therapy, daily living assistance, congregate dining, and related services.



Individuals with developmental disabilities and other physical and cognitive conditions that prevent them from functioning independently may require assisted care or group home environments.



Individuals with disabilities may require financial assistance to meet their housing needs because a higher percentage than the population at large are low‐income and their special housing needs are often more costly than conventional housing.

The 2008‐2012 ACS reported approximately 8.4 percent (1,600 residents) of the city’s non‐ institutionalized residents have conditions that may affect their ability to live independently in conventional residential settings. This is lower than the countywide rate of 10.7 percent.


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Table 33 shows persons with disability by type of disability and age in American Canyon. The table illustrates the largest age group with disabilities appears to be individuals over the age of 65, while the second highest is persons between the ages of 18 and 64. In fact, 42.5 percent of people 65 years and over have a disability compared to 5.7 percent of people 18 to 64 years of age and 2.2 percent of people 5 to 17 years. TABLE 33 PERSONS WITH DISABILITY BY AGE AND DISABILITY AMERICAN CANYON 2012

Type of Disability by Age Total disabilities tallied Total disabilities tallied for people 5 to 17 years Hearing disability Vision disability Cognitive disability Ambulatory disability Self‐care disability Total disabilities tallied for people 18 to 64 years Hearing disability Vision disability Cognitive disability Ambulatory disability Self‐care disability Independent living disability Total disabilities tallied for people 65 years and over Hearing disability Vision disability Cognitive disability Ambulatory disability Self‐care disability Independent living disability

Number 1,600 98 28 0 60 0 0 651 186 105 266 295 221 287 851 247 184 255 572 215 373

Source: ACS 5-year estimates, 2008-2012.

A disability can impact a person’s ability to work, leaving many disabled individuals on fixed incomes or jobs with wages that are lower than that of the non‐disabled population. Only 22.5 percent of the disabled were employed in 2012, compared to 66.8 percent of the non‐disabled population. The median income of the working disabled was $29,199, compared to $34,790 for the non‐disabled population.

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Developmental Disabilities SB 812, which took effect January 2011, amended State housing element law to require an evaluation of the special housing needs of persons with developmental disabilities. A ʺdevelopmental disabilityʺ is defined as a disability that originates before an individual becomes 18 years old, continues or can be expected to continue indefinitely, and constitutes a substantial disability for that individual. This includes intellectual disabilities, cerebral palsy, epilepsy, and autism. According to the California Department of Developmental Services, as of September 2014, there were 160 residents with developmental disabilities served in American Canyon. This is less than one percent of the total population. Of the total, 53.1 are under the age of 18. Most developmentally disabled residents in American Canyon have an intellectual disability (58.9 percent) and many have autism (39.7 percent). Some consumers have more than one disability. Most developmentally disabled residents of American Canyon receiving services lived in the home of their parent or guardian (134 or 83.8 percent); 17 residents or 10.6 percent lived in a community care facility. Many developmentally disabled persons are able to live and work independently. However, more severely disabled individuals require a group living environment with supervision, or an institutional environment with medical attention and physical therapy. Because developmental disabilities exist before adulthood, the first housing issue for the developmentally disabled is the transition from living with a parent/guardian as a child to an appropriate level of independence as an adult.

Disabled Housing Needs Some people with mobility and/or self‐care limitations are able to live with their families or others who can assist in meeting housing and daily living needs. A segment of the disabled population, particularly low‐income and retired individuals, may not have the financial capacity to pay for needed accommodations or modifications to their homes. In addition, even those able to pay for special housing accommodations may find them unavailable in the city. Although housing for homeless individuals is discussed in the sections below, there can be a strong correlation between a person’s ability to work and their housing status. These disabilities can be both mental and physical and can limit their opportunities for employment and their ability to find income for housing. Disabled persons often require special housing features to accommodate physical limitations. Some disabled persons may have financial difficulty due to the cost of having their special needs met or because of difficulty in finding appropriate employment. Although the California Administrative Code (Title 24) requires that all public buildings be accessible to the public through architectural standards such as ramps, large doors, and restroom modifications to enable handicap access, not all available housing units have these features.


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Both the Federal Fair Housing Act and the California Fair Employment and Housing Act impose affirmative duty on local governments to make reasonable accommodations (i.e., modifications or exceptions) in their zoning and other land use regulations when such accommodations may be necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling. The City adopted a reasonable accommodation ordinance (Chapter 19.52) in 2009. The Reasonable Accommodation Ordinance contains a formal procedure for an individual with a disability seeking equal access to housing to request reasonable accommodation. According to the Napa Housing Authority, American Canyon currently has 56 heads of households with disabilities receiving rental subsidies, while there are 98 households on the waiting list for assisted rental housing. The number of persons on this list with disabilities is not known. Currently, 10 adult care facilities in the city of American Canyon look after individuals with special needs. The needs may be a result of a mental of physical disability, which requires additional support. These facilities are shown in Table 34. TABLE 34 ADULT CARE FACILITIES AMERICAN CANYON 2014

Facility AC Home Adondiʹs Residential Care Home Christopher House Core Arf Gadwall Griffin Family Care Home ‐ Elliot James Road House One Step Beyond Care Home Sacred Heart Care Home #1 Sacred Heart Care Home #2 Sacred Heart Care Home #3

Address 201 Los Altos Place 557 Canyon Meadows Dr 230 Andrew Rd 3 Gadwall Court 2330 Elliot Drive 126 James Rd 154 Entrada Cir 1509 Rio Grande St 1513 Rio Grande St 241 Landana St

Number of Beds

Phone Number

6 beds

(707) 534‐7725

3 beds 6 beds 2 beds 6 beds 10 beds 4 beds 6 beds 6 beds 6 beds

(707) 648‐7374 (707) 567‐6596 (707) 554‐4802 (707) 552‐6346 (707) 552‐6012 (707) 552‐8588 (707) 246‐4565 (707) 246‐4565 (707) 647‐2260

Source: Department of Social Services Community Care Licensing Facility Search, September 2014.

On January 1, 2002, SB 520 became effective and required local jurisdictions to analyze local government constraints on developing, maintaining, and improving housing for persons with disabilities. In accordance with SB 520 and Government Code 65583(a)(7), the City recognizes the importance of providing housing for persons with disabilities. The City has since included a review of all development applications for their adherence to Title 24. This review is included during the entitlement processing stage as well as during the issuance of building permits for minor alterations.

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Elderly As is the case in many suburbs, the number of elderly residents has increased in American Canyon over the years. However, as a proportion of the population, seniors (65 and older) are decreasing. According to the 2000 Census, 13.4 percent (1,306) of the population was above the age of 65. In 2010 only 9.6 percent (1,865) of the population was above the age of 65. Current development trends suggest that, while the number of older adults and their needs will remain significant in the city over the next five years, their proportion of the total population will continue to decline as more families with children move into new residential neighborhoods. In most communities older adults tend to have a lower poverty rate due to retirement income or government assistance such as Social Security (young families with children, especially single mothers, usually have the highest poverty rate). According to the 2008‐2012 ACS estimates, 5.2 percent of seniors were living in poverty, compared to 7.4 percent of the general population. Countywide, 6.0 percent of seniors were in poverty compared to 10.0 percent of the general population. Tenure is also important when analyzing the needs of seniors. Table 17 from the previous “Household Tenure” section, illustrates the number of seniors living in owner‐occupied housing. Out of 940 senior householders, 91.2 percent were owners. One‐third of all elderly homeowners paid more than 30 percent of their income for housing expenses, compared to 42.7 percent of all householders. Due to mobility limitations or the need for supportive services (such as medical or meal assistance), it can become very challenging for the elderly to adequately meet their housing needs. The City can support the elderly population with rehabilitation programs for existing units, as well as the creation of affordable senior housing units. The City has collected specific data on the age and condition of housing units; however, this does not include a specific breakdown of homes occupied by seniors. In American Canyon the existing mobile home parks have a large percentage of senior citizens occupying the homes and the City is committed to retaining this housing type. Because mobile homes tend to deteriorate faster than site‐built homes, and seniors face the added financial burden of space rents, many seniors find it difficult to maintain their homes and keep up with rising space rents and utility costs.


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There are six State Department of Social Services licensed elderly care facilities providing services in American Canyon. These facilities are shown in Table 35. TABLE 35 ELDERLY CARE FACILITIES AMERICAN CANYON 2014

Facility

Number of Beds

Address

Greenhills Care Home American Canyon Villa Bay Manor Luxury Residential Care EFE Canyon Care 2 Landana Care Home Young at Heart Home Care

115 Thayer Way 39 Via Marciana 10 Ford Dr 1088 Donaldson Way 122 Landana St 161 Spikerush Circle

24 beds 6 beds 6 beds 6 beds 6 beds 5 beds

Phone Number (707) 558‐8487 (707) 648‐7983 (707) 731‐1650 (707) 652‐9912 (707) 980‐7879 (707) 557‐5606

Source: Department of Social Services Community Care Licensing Facility Search, September 2014.

According to the Housing Authority of the City of Napa, 26 senior‐headed households currently receive rental subsidies, while there are 32 seniors on the waiting list for this assistance.

Large Households (Five or More Persons) Large households are defined as households of five or more individuals. Large households often face special challenges in the housing market because they need housing of sufficient size to prevent overcrowding and do not always have sufficient income to purchase or rent such housing, even if it is available. Table 10 indicates that in 2010 the percentage of large households increased to 25 percent compared to 13 percent countywide. Table 36 shows that in 2010 American Canyon had 1,424 households of five or more persons. There were 1,068 owner households of five or more persons and 356 renter households of five or more persons. TABLE 36 HOUSEHOLD BY SIZE AND TENURE AMERICAN CANYON 2010

Type Owner Occupied

Renter Occupied

1‐4 person household 5 or more person household Total 1‐4 person household 5 or more person household Total

Number 3,019 1,424 4,443 858 356 1,214

Source: U.S. Census, 2010.

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While the city has a large proportion of large households, homes in American Canyon tend to be larger. Since much of American Canyon’s housing stock is relatively new, the city has a higher proportion of larger homes. As shown earlier in Table 16, 81.1 percent of the total housing stock had three or more bedrooms per house; 19.7 percent had five or more bedrooms. However, affordability can sometimes be an issue for larger households since the household income is split between more people. As shown in Table 37, the median income per person in American Canyon generally declines with household size. TABLE 37 MEDIAN HOUSEHOLD INCOME BY HOUSEHOLD SIZE AMERICAN CANYON 2010

Household Size

Median Income

Total 1‐person households 2‐person households 3‐person households 4‐person households 5‐person households 6‐person households 7‐or‐more‐person households

$83,609 $50,449 $66,582 $103,125 $103,431 $84,459 $116,033 $126,131

Median Income Per Person varies $50,499 $33,291 $34,375 $25,858 $16,892 $19,339