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GENERAL PLAN UPDATE HOUSING ELEMENT 2008 GPA 07-01
CITY OF PALM DESERT COMMUNITY DEVELOPMENT/PLANNING DEPARTMENT PROJECT REVIEW TIME LOG CASE NO.(s): PROJECT DESCRIPTION I LOCATION: DEPOSIT: : TIME MIN.) DATE CODE TASK DESCRIPTION NAME PLN. CLRL(INIT.) TIME TIME i 1 Adjustments 2 Appeals 3 Single-family Review(ARC) 4 Misc.Residential Review(ARC) 5 Commercial Review(ARC) a Change of Zone 7 General Plan Amendment 8 Conditional Use Permit 9 Precise Plan . 10 Tentative Tract Map 11 Variance 12 Environmental Assessments 13 Parcel Map 14 Parcel Map Waiver . . _ TASK DESCRIPTION _®_�� i City of Palm Desert Community Development/Planning P QJE CHEGK '[ST Name: Case Number: Address Date of application submitta Date letter was sent to applicant (for all projects) I. Does the application meet all required and needed material listed in the application? YES NO (if no, list what is missing) Comments: II. Circulation of documents Dates (circulated, due by, received) Public Works Building & Safety Police Fire Community Service/ Frankie & Art in Public Landscaping Other Agencies (list) III. Does the project meet all zoning requirements? Standards Project Lot Area Coverage Height Front Setback Rear Setback Side Setbacks Parking Landscaping City of Palm Desert Community Development/Planning Men Ow IV. Environmental Categorical Exempt Statutory Exempt Neg Dec (sent legal notice to County Clerk on: Mitigated Neg Dec (sent legal notice to County Clerk on: EIR V. General Architecture and Site Plan Design Great Comments: Ok Comments: Needs Work C� Comments: II VI. Staff Meetings APN ADDRESS EXISTING ZONE CASE NO(S) APPLICANT(S) (name, address & phone number) DESCRIPTION SQUARE FT. MIN. SQ. FT. PARKING MAX. SO. FT. NO. OF LOTS AVG. SQ. FT. SETBACKS: FRONT SIDES- REAR .. . ... . . ......... ... 0 M . 1"FOR14.. ARCHITECTURAL REVIEW I I. PLANNING COMMISSION CITY COUNCIL RECORDED IN GIS DATA BANK BY DATE. ZONING MAP CORRECTED BY DATE: FINAL INSPECTION DATE -BY PROJECT PLANNER: f : J City of Palm Desert Department of Community Development GENERAL PLAN AMENDMENT 73-510 Fred Waring Drive • Palm Desert • California • 92260 • (760)346-0611 • Fax (760) 776-6417 Applicant(pglrs n/firm prpposin the project): t ,(J 6 Telephone: Mailing Address: Fax number: City: State: Zip: Email: Property Owner(land owner): Telephone: Mailing Address: Fax number: City: State: Zip: Email: Representative (if different from applicant): Telephone: Mailing Address: Fax number: City: State: Zip: Email: Please send correspondence to (check one):_Applicant _Property Owner _Representative Project Request(describ specific nature of approv 1 requested): k?�2 k Project Address: Assessor's Parcel Number(s): Existing Zoning: General Plan Designation: Property Owner Authorization: The undersigned states Applicant/ Representative Signature: By signing this that they are the owner(s)of the property described and herein application I certify that the information provided is give authorization for the filing of the application. accurate. I understand that the City might not approve what I am applying for and/or might require conditions of approval. Signature Date Signature Date Property Owner: Agreement absolving the City of OFFICE USE ONLY Palm Desert of all liabilities relative to any deed restrictions. I DO BY MY SIGNATURE ON THIS CASE NUMBER(s): AGREEMENT absolve the City of Palm Desert of all D liabilities regarding any deed restrictions that may be GPA — applicable to the property described herein. DATE: 011- z I —C7 7 Signature Date ACCEPTED BY: City of Palm Desert • General Plan Amendment Application THE PALM DESERT GENERAL PLAN MAY BE AMENDED IN ACCORDANCE WITH THE CALIFORNIA GOVERNMENT CODE A:11D PROCEDURES DESCRIBED IN ARTICLE 25.94 OF THE PALM DESERT MUNICIPAL CODE. SINCE STATE LEGISLATION PROVIDES THAT ANY MANDATORY ELEMENT OF A GENERAL PLAN MAY BE AMENDED NO MORE THAN THREE (3) TIMES DURING ANY CALENDAR YEAR, ALL APPLICANTS SHOULD CHECK WITH THE DEPARTMENT OF COMMUNITY DEVELOPMENT TO VERIFY THAT THE PROPOSED AMENDMENT WOULD COMPLY. STATE LAW REQUIRES THAT THEY BE FILED NINETY (90) DAYS PRIOR TO ANY PROPOSED HEARING DATES. THE DEPARTMENT OF COMMUNITY DEVELOPMENT WILL INVESTIGATE THE REQUEST, PREPARE A REPORT AND RECOMMENDATIONS, PUBLISH LEGAL NOTICES, AND NOTIFY THE APPLICANT AND ADJACENT PROPERTY OWNERS OF THE PUBLIC HEARINGS. SINCE A PUBLIC HEARING IS REQUIRED BEFORE BOTH THE PLANNING COMMISSION AND CITY COUNCIL AND THERE IS A 90-DAY DELAY BETWEEN FILING AND THE FIRST HEARING,THE AVERAGE REVIEW PERIOD MAY REQUIRE 110-115 DAYS. IF THE PLANNING COMMISSION DENIES A REQUEST, THE APPLICANT MAY APPEAL THE CASE WITHIN 15 DAYS TO THE CITY COUNCIL AFTER FILING THE APPROPRIATE FORM. I. SUBMITTAL REQUIREMENTS: A. Application form completely filled out with all required signatures. B. $1,230.00 Deposit Application Fee. Costs to process the application will be charged against the deposit until the development case is closed. Payment for any charges incurred in excess of the initial deposit will be required prior to final action. If the deposit amount exceeds the accumulated costs at the time of the final action on subject application, the excess deposit shall be refunded to the applicant. Fee may be waived if the application is filed concurrently with a Precise Plan, Tentative Tract Map, Tentative Parcel Map or Conditional Use permit application. C. Any and all required plans and exhibits as described in Section IV, II. PROCEDURE: A. Applicant to submit complete application to the Department of Community Development for staff review. B. The proposed general plan amendment is presented to the Planning Commission. C. The proposed general plan amendment will be presented to the City Council for final approval. ' it City of Palm Desert General Plan Amendment Application III. SUPPORTING EVIDENCE: 1. Legal description of property for which the amendment is requested: 2. General location of property: 3. Total gross area of site(if more than one designation is requested, give area for each): 4. Existing land use designation: 5. Proposed land use designation: 6. Existing zoning: 7. The applicant shall submit a typewritten letter explaining (1) the rationale for the amendment, (2) why the existing General Plan designation is not valid, and (3) why the requested change is more appropriate. 3 ' City of Palm Desert • General Plan Amendment Application OWNER AND/OR OWNER'S AUTHORIZED AGENT AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM DESERT ) I, (we), _being duly sworn depose and declare to the best of knowledge that the (my/our) foregoing is true and correct under the penalty of perjury: EXECUTED AT: (CITY) (STATE) DATE: (MONTH) (DAY) (YEAR) APPLICANT, OWNER AND/OR OWNER'S AUTHORIZED AGENT: (Print Name) (Signature) (Mailing Address) (City, State and Zip) (Area Code) Telephone Number 4 i MINUTES ` PALM DESERT PLANNING COMMISSION FEBRUARY 19, 2008 from Somerset the 20 feet would be visible, and 25 would be, and he didn't think it would be that much of a detriment to the home owners at Somerset. Tonight they heard from a couple of the neighbors who were generally going to be impacted by this and both of them spoke in favor. And Commissioner Limont favored a height exception and he had to go along with her and he was in favor of this project moving forward. He asked for a motion. Action: It was moved by Commissioner Campbell, seconded by Commissioner Limont, adopting the findings as presented by staff. Motion carried 3-2 (Commissioners Schmidt and Tanner voted no). It was moved by Commissioner Campbell, seconded by Commissioner Limont, adopting Planning Commission Resolution No. 2468 recommending to City Council approval of Case Nos. DA 02-01 Amendment#2 and MISC 08-15, subject to conditions. Motion carried 3-2 (Commissioners Schmidt and Tanner voted no). IX. MISCELLANEOUS A. Status report on Housing Element Update as required by State of California Ms. Aylaian indicated this was an informational item. Staff wanted the Planning Commission to be aware that they are moving to the phase of holding several public meetings to gather input from the community at large. There would be two different meetings targeted to two different audiences. The first was for service providers and people who work within the affordable housing venue and that would be, for instance, non-profit organizations that provide- affordable housing to churches and other groups that provide services. They would try to gather information from them in one setting and then they have a separate meeting held during evening hours specifically targeted for residents at large who might have any interest at all in the housing in Palm Desert and the attempt to provide both affordable and moderate rate housing in the update of the Housing Element. Those meetings would be taking place this week and next week and all that information would be fed back into our update. She said the target was to have this submitted to the Department of Housing and Community Development and approved by the end of June of this year. 12 MINUTES PALM DESERT PLANNIN COMMISSION FEBRUARY 19, 2008 r Action: None. X. COMMITTEE MEETING UPDATES A. ART IN PUBLIC PLACES Commissioner Campbell reported that the meeting would be February 20, 2008. B. LANDSCAPE BEAUTIFICATION Commissioner Limont stated that the next meeting would be February 20, 2008. C. PROJECT AREA.4 COMMITTEE Commissioner Schmidt informed that the next meeting would be in March 2008. D. PARKS & RECREATION Commissioner Tanner reported that there was no meeting. XI. COMMENTS None. Al. ADJOURNMENT It was moved by Commissioner Tanner, seconded by Commissioner Campbell, adjourning the meeting by minute motion. Motion carried 5-0. The meeting was adjourned at 6:52 p.m. LAURi AYLAIAN, cretary ATTEST: --AVID E. TSCHOPP, Chair Palm Desert Planning Commission Rm 13 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT DISCUSSION OF: Housing Element Update as required by the State of California SUBMITTED BY: Ryan Stendell Associate Planner DATE: February 19, 2008 I. BACKGROUND: At its meeting of November 8, 2007 the City Council authorized a contract with Terra Nova Planning and Research for the update of the Housing Element as required by State law. The contract has been executed and staff is working with the consultants to gather data needed for the update. II. DISCUSSION: State law requires a certain level of public involvement by both housing professionals/stakeholders and the general public of the City. Staff has identified two public meetings for information gathering to be held later this month. Thursday February 21, 2008, staff will be hosting a public meeting for all stakeholders in the housing arena including, fair housing groups, builders/developers, social services providers and local employment development departments. Following the stakeholders meeting staff has prepared a public neighborhood meeting to discuss what the general public would like to see incorporated into the Housing Element. This meeting has been scheduled for Wednesday, February 27"', 2008 at 5:30 pm. Staff Report February 19, 2008 Page 2 of 2 Upon completion of the public comment phase of the update, staff and the consultants will analyze the data and prepare a draft for review by the State Department of Housing and Community Development(HCD). HCD has initiated several new laws for this planning period that could possibly require the re- zoning of properties within the City for higher densities than previously allowed. The consultants have not yet identified the extent of re-zoning that may be required as a part of this update. Submitted By: Department Head: Ryan Stendell Lauri Aylaian Associate Planner Director of Community Development Approv Homer Croy ACM, Deve o ent Services GAPlanning\Ryan StendeMord Data\Ho ing-Element_CC-info_Item.DOC CIIY OF PH [ M DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL! 760 346-o6n FAX: 760 340-0574 inFo@palm-desert.org - November 13, 2007 Terra Nova Planning and Research Inc. 400 South Farrell, Suite B-205 Palm Springs, California 92262 Dear Sir or Madam: Subject: Contract No. C27150 - Updating the Housing Element of the City's General Plan as Required by the State of California At its regular meeting of November 8, 2007, the Palm Desert City Council, by Minute Motion, awarded the subject contract to Terra Nova Planning and Research Inc., Palm Springs, California, in the amount of $51,420 and authorized the Mayor to execute same. Enclosed are three original Agreements. Please sign where indicated, have notarized (California All-Purpose Acknowledgment), and return them to us at your earliest convenience. We will then forward to you a fully executed Agreement for your records. Additionally, we call your attention to the insurance requirements for the subject services. We ask that all required information be returned with the signed Agreements, including the appropriate Certificate of Insurance, to expedite processing of the document and commencement of the services. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, RACHELLE D. KLASSEN, CIVIC CITY CLERK RDK:mgm Enclosures (as noted) cc: Ryan Stendell, Associate Planner c:OgCl�wmH.Menh,exLLnwa SXOmn 7150. x ��ruxnoo,¢nou wu Contract No. C27150 AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this atb day of November , 200 7, ("Effective Date") by and between the CITY OF PALM DESERT ("City") andTerra Nova Planning & Researgtf`allfornla Corporation ("Consultant") (sometimes referred to individually or collectively as "Party" or "Parties"). WITNESSETH WHEREAS, City desires to retain Consultant as an independent contractor to perform certain technical and professional consulting services in connection with the HOUSING ELEMENT UPDATE OF 2008 (GPA 07-01) project, subject to the terms and conditions specified below, in the documents attached and incorporated herein, and applicable federal, state and local law. NOW, THEREFORE, in consideration of performance by the Parties of the mutual promises, covenants, and conditions herein contained, the Parties hereto agree as follows: 1. Consultant's Services. 1.1 Nature of Services. Consultant shall provide professional and technical services on a non-exclusive basis, as more particularly described in Section 3, below, and in Exhibit A, Scope of Services. 1.2 Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its direct supervision, and all personnel engaged in the work shall be qualified, and shall be authorized or permitted under state and local law to perform such services. 1.3 Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. -- 1.4 Consultant Representative. For the purposes of this Agreement, the registered architect, engineer, or landscape architect who will serve as the Consultant Representative shall be TERRA NOVA PLANNING AND RESEARCH. 'INC. ("Consultant Representative"). 1.5 Time of Commencement. The execution of this Agreement by the Parties does not constitute an authorization to proceed. A separate written Notice to Proceed shall be issued by the City Representative, and Consultant shall not commence work until receipt of such written Notice(s) to Proceed, as further set forth in Sections 2 and 3, below. Professional Services Agreement—City—V.1 Contract No. C27150 1.6 Time of Performance/Time is of the Essence. Consultant shall commence the services contemplated under this Agreement immediately upon receipt of a written Notice to Proceed from the City, and shall prosecute to completion each task listed in Section 3 in a timely and diligent manner within 210 calendar days of receipt of a Notice to Proceed, or in accordance with the schedule appended to this agreement as Exhibit B. Services by City: 2.1 City Representative. For the purposes of this Agreement, the City Representative shall be RYAN STENDELL. ASSOCIATE PLANNER or such other person designated by the City's Executive Director ("City Representative"). 2.2 Provision of Data. All information, data, reports and records and maps as are existing and available from the City and necessary for the carryings out of the work outlined in Exhibit "A" hereof shall be furnished to Consultant without charge by City, and City shall cooperate in every way reasonable in the carrying out of the work without delay. 3. Consultant's Scope of Work. Upon delivery by City to Consultant of a written Notice to Proceed, Consultant shall immediately commence work pursuant to this Agreement. Consultant's scope of work shall consist of the services in Exhibit A appended to this Agreement. 3.1 Reporting & Record Keeping. To assist City in the performance of its planning, reporting, and financial administration obligations, Consultant shall, throughout the term of this Agreement, keep City reasonably informed of progress on work required under this Agreement, and of any problems or delays, anticipated or otherwise, associated with each aspect of the work. Consultant shall promptly respond to any request by City for information, progress reports, or documentation. Consultant shall maintain accurate records of all work performed for each Assignment under this Agreement, including but not limited to originals or copies, as applicable, of all deliverable documents described in Exhibit A. Upon the completion of work, and if requested by the City, Consultant shall deliver to City the originals of all renderings, models, or documentation produced, and may retain copies of such documentation, at -- Consultant's election. 3. 2 Compliance with Laws. Consultant shall at all times possess any and all licenses and permits necessary to provide the services herein, and shall comply with applicable federal, state and local laws, ordinances, codes and regulations in the performance of this Agreement, and with all applicable with any applicable City of Palm Desert policies and guidelines. 3.3 Confidentiality. Except as otherwise permitted or required by law, Consultant shall maintain as confidential and shall not disclose any and/or all information received in the course of performing pursuant to this Agreement. Consultant shall promptly inform the City in the event Consultant receives a subpoena or court order requiring disclosure of confidential information. 2 Contract No. C27150 4. Compensation. City shall pay Consultant for the Services provided under this Agreement on the following basis. 4.1 Not-to-Exceed Fee: City shall pay to Consultant a total amount not to exceed $ 45,520.00 for the basic services described in Exhibit A. Payment shall be made on a monthly basis, based upon the hourly rates defined in Exhibit C, multiplied by the number of hours worked by each classification of personnel assigned to the project during the previous calendar month. The not-to-exceed fee shall not be exceeded without written agreement between the parties. 5.2 Additional Services: Additional services beyond those described in Exhibit A shall be reimbursed on a time-spent basis at the hourly rates described in Exhibit C. City shall not be obligated to compensate Consultant for additional services performed without advance authorization from the City Representative. 5.3 Reimbursable Expenses: City shall pay to Consultant actual costs plus ten percent (10%), subject to the limitation given below, for expenses incurred on behalf of the project for long distance telephone calls, reproduction, express delivery and courier services, postage, out-of-town travel if pre-approved in writing by the City Representative, and other expenses directly attributable to the project and expressly approved by the City Representative. Reimbursable expenses, including Consultant's mark-up, shall not exceed 5,900 for this project. 5.4 Extraordinary Expenses/Costs. No claims for additional services, expenses or costs incurred by Consultant will be allowed unless such additional services, expenses or costs are authorized by City in writing prior to the performance or incurrence of such services, expenses or costs. Any additional services, expenses or costs authorized by City shall be compensated at rates mutually agreed upon by the Parties in writing. 6. Method of Payment. 6.1 Invoices. Consultant shall submit to City invoices each month for all services, if any, completed, and all expenses or costs incurred pursuant to this Agreement during the preceding month. The invoices shall describe the services rendered during the period and shall show the number of hours worked, the hourly rates charged, and any milestone achievements. Copies of receipts for expenses or costs shall be submitted with each invoice. City shall review such invoices and notify Consultant in writing within fifteen (15) calendar days of any disputed amounts. 6.2 Payment. City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the maximum amounts set forth in Section 5. 6.3 Audit of Records. At any time during regular working hours, all records, invoices, time cards, cost control sheets and other records maintained by Consultant shall be available for review and audit by the City. 3 Contract No. C27150 7. Ownership of Work Product. 7.1 Property of Citv. All documents including but not limited to plans, bids, proposals, correspondence, permits, certificates, contracts, change orders, invoices, receipts, reports, analyses or other written material developed or obtained by Consultant in the performance of this Agreement, including any and all intellectual property rights arising therefrom ('Work Product'), shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Promptly upon the completion of each Assignment, or at any other time upon reasonable notice to Consultant by City, Consultant shall deliver all Work Product to City. 8. Conflict of Interest/Prohibited Conduct and Interests 8.1 Conflict of Interest. Consultant and its officers, employees, associates and sub consultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this Agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant shall retain the right to perform similar services for other clients, but Consultant and its officers, employees, associates and sub consultants shall not, without the prior written approval of the City Manager, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or sub consultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 8.2 No Solicitation. Consultant, on behalf of itself and its officers, employees, agents and representatives, warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to terminate this Agreement without notice or liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, -- gift or contingent fee. 8.3 No Financial Interest - City. No officer, member or employee of City during his or her tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The Parties hereto covenant and agree that to their knowledge no member of the City Council, or officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this Agreement, or the subject matter thereof, nor any business or financial relationship with Consultant, and that if any such interest comes to the knowledge of either Party at any time a full and complete disclosure of all such information will be made in writing to the other Party or Parties, even if such interest would not be considered a conflict of interest under applicable laws. 4 Contract No. C27150 8.4 No Financial Interest — Consultant. Consultant hereby covenants, on behalf of itself, and its officers, employees, agents and representatives, that at the time of executing this Agreement it has no interest, and that it shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by Consultant. At no time during the term of this Agreement, and for one (1) year thereafter, shall Consultant or anyone acting on Consultant's behalf, accept anything of value from any contractor or subcontractor performing services in connection with the HIP. 9. Indemnification. Consultant shall indemnify, protect, defend and hold harmless the Agency and the City of Palm Desert, their officials, employees, agents and representatives from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of the Consultant, its officers, agents, employees or subConsultants (or any entity or individual that the Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. 10. Insurance. Consultant will maintain insurance in conformance with the requirements set forth below. If Consultant's existing coverage does not meet the requirements set forth here, it will be amended to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. 10.1 Workers' compensation and employer's liability. Consultant shall provide Workers Compensation and Employer's Liability Insurance on an approved policy form providing benefits as required by law with employer's liability limits no less that $1,000,000 per accident or disease. 10.2 Professional Liability or Errors and Omissions. Professional Liability or Errors and Omissions insurance as appropriate shall be written on a policy form — coverage specifically designed to protect against acts, errors or omissions of the Consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must contain a provision establishing the insurer's duty to defend. The policy retroactive date must be on or before the effective date of this agreement. 10.3 Automobile liability. Consultant shall provide auto liability coverage with a limit of no less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. 5 Contract No. C27150 10.4 Waiver. If the Consultant does not carry Worker's compensation coverage, or if the Consultant will not operate any vehicles at any time within the scope of the services in the agreement, provisions for these coverages may be waived upon review and approval of the City's Risk Manager. 11. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its officials, employees or agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. 12. Non-Assignability; Subcontracting. Consultant shall not assign or subcontract all or any portion of this Agreement without the City's prior, written consent. Any attempted or purported assignment or sub-contracting by Consultant shall be null, void and of no effect. 13. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental disability, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental disability, medical condition, or sexual orientation. This clause shall be included in any contract prepared or approved by Consultant in connection with performance of its services under this Agreement. 14. Cooperation. In the event any claim or action is brought against Redevelopment Agency or City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation, which Agency or City might require. 15. Termination. The right is reserved by the City to terminate the Agreement at any time upon seven (7) days written notice, in the event the project is to be abandoned or indefinitely postponed, or in the event the Consultant's services, in the sole judgment of City, are unsatisfactory or because of the Consultant's failure to prosecute the work with diligence or within the time limits specified or because of his disability or death. In any such case, the Consultant shall be paid the reasonable value of the services rendered, based upon Consultant's standard hourly rates, up to the time of the termination. The Consultant shall keep adequate records to substantiate costs and provide copies of original time-cards in the event of termination or suspension. 16. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be given by first class U.S. mail or by personal service. Notices shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant's and City's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth 6 Contract No. C27150 in the Agreement, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be delivered to the Parties at the following addresses: City: Carlos L. Ortega, City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: (760) 346-0611 Fax: (760) 341-6372 With a copy to: Ryan Stendell, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: (760) 346-0611 Fax: (760) 341-6372 Consultant: Terra Nova Planning and Research, Inc. 400 South Farrell, Suite B-205 Palm Springs, CA 92262 Tel: (760) 320-9040 Fax: (760) 322-2760 7 Contract No. C27150 17. Non-Waiver of Terms, Rights and Remedies. Waiver by either Party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 18. Attorney's Fees. In the event that either Party to this Agreement shall commence any legal action or proceeding for damages for breach, or to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and experts' costs. 19. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 20. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. No promise or representation, whether oral or written, express or implied, that is not set forth herein, shall be binding or have any force or effect. This Agreement may not be amended, nor any provision waived, except in a writing signed by the Parties which expressly refers to this Agreement. 21. Partial Invalidity. In case any provision of this Agreement should be deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions shall not be affected or impaired thereby. 22. Successors. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties to this Agreement. 23. Waivers. No waiver of any breach or default of any term or provision of this Agreement shall be deemed a waiver of any other term or provision of this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. 8 Contract No. C27150 24. Construction. Section headings in this Agreement are solely for the convenience of the parties and are not a part of and shall not be used to interpret this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all references to Sections ace to this Agreement. All exhibits to this Agreement are hereby incorporated by reference. IN WITNESS WHEREOF, said parties have executed this Agreement effective as of the Effective Date above. CONSULTANT By: Its: CONSULTANT By: Its: CITY OF PALM DESERT Richard S. Kelly, Mayor ATTEST: Rachelle D. Klassen, City Clerk APPROVED AS TO FORM Dave Erwin, City Attorney 9 Contract No. C27150 EXHIBIT A SCOPE OF PRFESSIONAL SERVICES SCOPE OF SERVICES Consultant shall provide the following services under the terms of the Agreement: 1. Establish regular meeting schedule for City staff/Terra Nova team meetings, status meetings and public workshops. . 2. With City staff assistance, develop a stakeholder's list of agencies, persons and organizations with an interest in affordable housing issues. Develop materials publicizing two public workshops for purposes of gathering data and input on the amendment of the Element, and community wishes for policy direction. These may be organized as free-standing workshops, or Housing Subcommittee meetings, depending on the City's preference. 3. Contact rental and sales agencies, develop data base of rental rates for apartments, and sales prices for homes and mobile homes within the City. Gather third party data on housing prices and sales rates, including sources such as the Inland Empire Quarterly Economic Report, County and state data, and other sources. Incorporate findings in discussion of market housing in the Element text. 4. The data available in the existing element regarding the condition of housing stock will be supplemented with Code Enforcement data, Building Permit information and Redevelopment Agency records to result in a current survey of the condition of the housing stock. No independent City-wide site surveying is expected to be generated. 5. Progress made toward meeting the goals and policies of the existing element will be quantified, and provided in a "review and revise section" at the beginning of the Element. Potential preservation methods available to insure the long term viability of at-risk units will be presented. 6. Governmental and environmental constraints will be updated, using data collected from City departments. This will include fee schedule analysis, including engineering, — planning and building permit fee analysis. Any development impact fees imposed by the City will also be incorporated into the analysis. 7. Develop cost of construction data to support analysis of the cost of housing construction in the City. This analysis will be included in the constraints analysis of the Element. 8. Review rehabilitation programs to ensure that they meet State standards, and incorporate same into draft document. Update regional, state and federal programs available to encourage affordable housing construction. 10 Contract No. C27150 9. Incorporate land use designation and acreage from General Plan Land Use Map, with amendments generated through review of approved and constructed projects since adoption of the General Plan. The analysis will lead to a section which identifies adequate available lands to meet the RHNA allocation. Working with City staff, identify specific parcels available for affordable housing projects, and determine whether their zoning is appropriate for the use. 10. Incorporate Southern California Association of Governments RHNA allocation for the City into Element text, and modify needs analysis for future housing based on the allocation. Coordinate RHNA allocation with City and establish strategies to help achieve allocation goals. 11. Update goals, policies and programs to reflect current needs and address RHNA allocation. Recommend new programs as needed to incorporate new conditions raised by needs assessment. 12. Prepare screencheck draft Element for staff review and approval. Goals, policies and programs will be updated to reflect current direction in the City, updated statistical data and public input at the workshops. Amend draft Housing Element as required, and submit to HCD for review. 13. Conduct third community workshop, presenting the draft Element to the community, and reviewing the highlights of the policy direction with the public. This may be held as a joint Planning Commission/City Council meeting, in order to familiarize these two bodies in the document and its process. 14. Track HCD review process, and facilitate provision of any additional information or explanation of methodology, as required. The goal is to receive conditional approval of the Element by HCD prior to its submittal to the Planning Commission and City Council for their actions. 15. Make changes required by HCD, after review and approval by City staff. We would assume two revisions to accommodate HCD comments. 16. Prepare CEQA Initial Study Checklist (IS), Negative Declaration and public notice documentation. Provide to City for posting and advertising in Desert Sun. Coordinate _ with City planning staff to ensure consistency and conformance with City Rules to Implement CEQA. 17. Prepare, in cooperation with City staff, Planning Commission and City Council staff reports, in a format acceptable to the City. Working with City staff, make presentation and answer questions at one Planning Commission and one City Council hearing. Prepare any amendments made by City Council action, and submit to HCD for certification. 11 Contract No. C27150 EXHIBIT B SCHEDULE NOTICE TO PROCEED DAY 0 NOVEMBER 15, 2007 PRELIMINARY DATA/ KICKOFF MEETING 5 DAYS FROM NTP PUBLIC OUTREACH MEETING 30 DAYS FROM NTP DRAFT ELEMENT FOR STAFF REVIEW 120 DAYS FROM NTP FINAL PUBLIC OUTREACH MEETING 130 DAYS FROM NTP SUBMIT ELEMENT TO HCD MARCH 31, 2008 RESPOND TO HCD COMMENTS 90 DAYS FROM HCD SUBMITTAL RESPOND TO HCD COMMENTS 90 DAYS FROM HCD RE- SUBMITTAL PLANNING COMMISSION / CITY COUNCIL 45 DAYS FROM 2 REVISION HEARINGS FROM HCD SUBMIT FINAL DOCUMENT TO HCD FOR BY JUNE 30, 2008 (OR LATER CERTIFICATION DEPENDING ON HCD REVIEW PROCESS) 12 Contract No. C27150 EXHIBIT C City of Palm Desert Housing Element Update Project Budget Terra Nova Staff Time Amount Client Staff Meetings (24 hrs @ $155/11r.) $3,720.00 (24 hrs @ $110/Hr.) $ 2,640.00 Preparation for and Attendance at Three Public Workshops (14 hrs @ $155/Hr.) $ 2,170.00 (22 hrs @ $110/Hr.) $ 2,420.00 Research and Documentation, Statistical and Market Housing Analysis (42 hrs @ $155/Hr.) $6,510.00 (72 hrs @ $110/14r.) $ 7,920.00 Housing Element Drafting (24 hrs @ $155/Hr.) $ 3,720.00 (56 hrs @ $110/Hr.) $ 6,160.00 CEQA Initial Study, Neg. Dec., public notices, etc. (8 hrs @ $155/Hr.) $ 1,240.00 (20 hrs @ $110/1-1r.) $ 2,200.00 .HCD Submittal and Changes/Additions (28 hrs @ $155/Hr.) $4,340.00 Staff Reports, Presentations, etc. for PC&CC (10 hrs @ $155/14r.) $ 1,550.00 Public Hearings (1 PC & 1 CC) (6 hrs @ $155./1-1r.) $ 930.00 Subtotal: $45,520.00 Reimbursables: Administrative Assistance(60 hrs. @ $40./Hr.) $ 2,400.00 t Miscellaneous Printing $ 500.00 i Misc. Office: Postage, telephone, FAX, photocopies, etc. $ 1,000.00 _ 2 Printing of Draft and Final Housing Element $ 2,000.00 Subtotal: $ 5,900.00 Total Project Budget: $51,420.00 1. Will be billed at cost.This budget figure is an estimate only. 2. Assumes 5 screencheck draft documents,3 HCD Draft documents,and 20 PC&CC documents. 13 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT DISCUSSION OF: Housing Element Update as required by the State of California. SUBMITTED BY: Ryan Stendell Associate Planner DATE: October 11, 2007 CONTENTS: Current Housing Element dated March 15, 2007 I. BACKGROUND: California Government Code: California Government Code requires that every City and County prepare a Housing Element as part of its General Plan. In addition State law contains specific requirements for the preparation and content of Housing Elements. The State Legislature has identified the following: 1. The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. 2. The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. 3. The provision of housing affordable to low and moderate-income households requires the cooperation of all levels of government. 4. Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. 5. The legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the General Plan and to cooperate with other local governments, and the state, in addressing regional housing needs. Staff Report Housing Element Discussion October 16, 2007 Page 2 of 2 General Plan Update 2000: On March 15, 2004 the City adopted its General Plan update, which included an update to the City's Housing Element. The Housing Element included an analysis of progress made since drafting the previous Housing Element and projections of needs for the for the next five years. 11. DISCUSSION: It is time once again to update the City's Housing Element as required by State law. State law now requires greater detail, specificity, analysis, and commitment in the preparation of the Housing Element than was required for the previous update. Adopted Housing Elements are due to the Department of Housing and Community Development by June 10, 2008. Staff is currently in the beginning stages of negotiating with a consultant for the preparation of the Housing Element. Staff and the selected consultant will be responsible for processing the document, which will include a series of public out- reach meetings, study sessions, policy recommendations and public hearings. Staff wanted to bring this to the attention of the Planning Commission as we are beginning the process of the update. The update will ultimately come before the Planning Commission for a recommendation for approval to the City Council. Submitted By: Approval: RYAN ENDELL le RI AYLAIAN Associate Planner ctor of Community Development z I: L(( HOMER o OY ACM for Development Services C U'lan 'neVlvan SpM IRW atlD \H EI 21111T 1` UotlA1i1LC.Ef41i a ._ FIPN36k�9f3E City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element HOUSING ELEMENT PURPOSE The purpose of the City of Palm Desert Housing Element is to provide the residents, development community and elected and appointed officials with a clear understanding of the City's housing needs. In order to achieve the ultimate goal of ensuring that every Palm Desert resident secures a safe and decent place to live within a satisfactory environment, the Housing Element promotes a close coordination of housing policies and programs at local, state and federal levels. BACKGROUND The Housing Element functions as an integral part of the City's efforts to manage the development of incorporated lands. The City balances the need to assure adequate housing for all current and future residents against the need to provide infrastructure and services. The Housing Element includes a description of existing housing types, condition of existing units, overcrowding, overpayment, homelessness, and the demand for affordable housing in the City. The Element also includes an analysis of the progress made since the drafting of the last Housing Element, and projections of needs for the next five years. California Law California Government Code requires that every City and County prepare a Housing Element as part of its General Plan. In addition, State law contains specific requirements for the preparation and content of Housing Elements. According to Article 10.6, Section 65580, the Legislature has found that: (1) The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. (2) The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. (3) The provision of housing affordable to low and moderate income households requires the cooperation of all levels of government. (4) Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. (5) The legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the General Plan and to cooperate with other local governments, and the state, in addressing regional housing needs. Housing Element 111-85 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Section 65581 of the Government Code states that the intent of the Legislature in enacting these requirements is: (1) To assure that local governments recognize their responsibilities in contributing to the attainment of the State housing goal. (2) To assure that cities and counties prepare and implement housing elements which, along with federal and State programs,will move toward attainment of the State housing goal. (3) To recognize that each locality is best capable of determining what efforts are required by it to contribute to the attainment of the State housing goal as well as regional housing needs. (4) To ensure that each local government cooperates with other local governments to address regional housing needs. Government Code Section 65583 outlines the required content of all housing elements including identification and analysis of existing and projected housing needs, and a statement of goals, policies, quantified objectives, and scheduled programs for the preservation, improvement, and development of housing. Specific requirements include the following: (1) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The analysis should include population and employment trends; documentation of household characteristics; inventory of land suitable for residential development; governmental and other constraints to new housing development; analysis of any special housing needs and an assessment of existing affordable housing developments. (2) A program which sets forth a five-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the objectives of the housing element in order to meet the housing needs of all economic segments of the community. Evaluation of Existing Housing Element Goals and Policies The last Housing Element Update was adopted by the City Council in December of 1989, and certified by the Department of Housing and Community Development as meeting the requirements of the law. The last Housing Element presented a "Five Year Program Summary" which specified the programs in which the City would participate during that planning period. The Summary is presented below, and each Program's effectiveness is discussed. I. Neiehborhood Ouality, Public Infrastructure Rehabilitation and Conservation A. PROGRAM: Completion of all remaining residential infrastructure. Scope: 2,373 units Cost: $15,000,000 Source: Redevelopment Agency, Tax Assessments Agency: Redevelopment Agency/Public Works Completion Date: July, 1989 Housing Element 111-86 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element The City issued bonds to fund the construction of streets, storm drainage and sanitary sewer improvements in 1988. The bond issue successfully completed the program. Further activity is not necessary. B. PROGRAM: Residential Rehabilitation Loans. Scope: 200 units Cost: $250,000 Source: Redevelopment Agency Agency: Redevelopment Agency/Building and Safety The Redevelopment Agency has assisted 28 very low-income households and 18 low-income households. The program has been successful, and continues to be implemented. It should be maintained in the new planning period. In addition, there is a need for rehabilitation funds being applied to multi family projects. Such a program will be considered in the new planning period. C. PROGRAM: Certificate of Conformance Scope: Estimate 100 units Cost: None Agency: Community Development/Building & Safety The program was successfully implemented. A total of 83 legal non-conforming units were rehabilitated and given certificates of conformance. The program shall remain in the City's Municipal Code as an option available for future use. D. PROGRAM: Town Center Apartments. Scope: Rehabilitation of 64 low-income apartments Cost: $2,500,000.00 Agency: Redevelopment Agency, Department of Building and Safety, Riverside County Housing Authority The project, now known as Desert Pointe, was purchased from the County of Riverside for $3,095,000, and rehabilitated by the Redevelopment Agency, and is assured of affordability in perpetuity. E. PROGRAM: Mobile Home Park Conservation. Scope: 191 units Cost: $6,400,000.00 Agency: Redevelopment Agency, Riverside County Housing Authority The Agency assisted 47 residents in purchasing their spaces at the Portola Palms Mobile Home Park, and has thereby ensured their affordability. The affordability restrictions are for 30 years. The Indian Springs Park was not purchased as planned. In addition, the City implemented a Rent Control Ordinance for mobile home parks, and continues to maintain this ordinance at this time. The protection of rents at mobile home parks is an important component of their on-going affordability. The on-going preservation of mobile home spaces will continue to be implemented through the City's Redevelopment Agency, as projects become available. Housing Element 111-87 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element H. Reduced Cost and Price for New Construction A. PROGRAM: Affordable High Density Rental Employee Housing. Scope: 366 very low-income units 366 low income units 366 moderate income units 1,100 Total Units Cost: Construction $60,000,000 Annual subsidy: $2,480,000.00 Source:Redevelopment Agency, Riverside County Housing Authority, Commercial Development Housing Mitigation Fees Agency: Community Services, Redevelopment Agency, Public Works, Building and Safety,Riverside County Housing Authority. The Agency has purchased and/or rehabilitated 745 rental units during the previous planning period, at a total expenditure of more than $45,000,000. These units were in multiple projects, and were funded through Agency funds, bond issues, and other means, as follows: Pueblos Apartments: $788,000 LasSerenas: $8,330,000 Taos Apartments: $800,000 Neighbors Apartments: $1.540,000 Desert Pointe: $3,095,000 One Quail Place: $25,095,000 Catalina Apartments: $2,761,300 Santa Rosa Apartments: $400,000 The purchase of all of these units except the Santa Rosa Apartments occurred in 1998. Santa Rosa was purchased in 1995. Prior to that time, the Redevelopment Agency .subsidized the County Housing Authority for the period from 1991 to 1998 for a total of$20,400,349. These subsidies ensured that the properties were properly maintained, and remained affordable to very low, low and moderate income households. The Agency continues to look at projects for purchase in the new planning period. B. PROGRAM: Ownership Mortgage Assistance. Scope: 56 units eligible for low interest loans. Cost: $5,000,000 Source: Riverside County Agency: Riverside County The County First Time Homebuyers Program continues to be accessible to residents of Palm Desert. Since 1995, 17 loans have been made in the City. In addition, the City issued bonds to fund the construction of the Desert Rose project, which provides ownership housing for 161 low and moderate income households. The City subsidized closing costs and wrote down purchase prices for eligible families for a total subsidy of$5,434,037. The City also underwrote the marketing of the project, and supplied the land,for a total additional contribution of$5,931,625. Altogether, the City invested$11,365,662 into the Desert Rose project. Housing Element III-88 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element C. PROGRAM: Self-Help Housing. Scope: 12 assisted single family homes Cost: $320,000 Source: Redevelopment Agency, California Self-Help Housing Program, HCD, California Housing Finance Agency. Agency: Coachella Valley Housing Coalition, Redevelopment Agency, Department of Building and Safety. The City assisted in the development of 17 single family self-help homes, located in various neighborhoods throughout the City. These included 11 units built through the Coachella Valley Housing Coalition, 2 units built through Habitat for Humanity, 2 units built through Building Horizons, and 2 units on Rebecca Lane built through the Agency. The project was successful, and should be maintained far the new planning period. D. PROGRAM: Manufactured Housing. Scope: 241 units within new parks and implementation of state laws against discrimination within single family zones. Cost: None Agency: Community Development The Portola Country Club project includes a total of 499 manufactured housing units available for sale to senior households. The City has also implemented state law regarding non- discrimination. The continued implementation of manufactured housing options appears to have limited value at this time, due to the affordable cost of construction for traditional housing. E. PROGRAM: Senior Housing Overlay. Scope: 600 congregate care units 50 very low income apartments 100 lower income apartments 150 moderate income apartments Cost: $1,000,000 Source: Private developer inclusionary requirements and in-lieu fees.. Agency: Community Development. A total of 469 congregate care beds were constructed during the previous planning period. No new restricted apartments were constructed by private parties. The Agency has acquired, however, the Las Serenas, Pueblos and Catalina Gardens apartments for senior households in the low and very low income categories. The senior overlay has been implemented, has generated a total of 252 units, and should be maintained in the new planning period. F. PROGRAM: Senior Second Unit. Scope: Zoning standards permitting second units on single family lots rentable to residents over 60 years of age. Cost: None Agency: Community Development. The City implemented the zoning ordinance standards. The standard should be maintained in the new planning period, as it provides for affordable housing for senior households. Housing Element 111-89 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element G. PROGRAM: Homelessness. Scope: Financial assistance to valley shelter Cost: $10,000 Agency: Riverside County Housing Authority/Catholic Charities. The City funded$15,000 annually until 1998 ($5,000 for the Coachella Valley Rescue Mission, and $10,000 for Catholic Charities). The City is now considering the use of Community Development Block Grant funds for these projects. H. PROGRAM: Federal Section 8 Rent Subsidies. Scope: 58 assisted households Cost: unknown Agency. S. Department of Housing and Urban Development. There are currently 75 Section 8 households in the City. The program should be maintained, as it provides valuable assistance to lower income households. DEMOGRAPHIC INFORMATION In order to understand the housing needs of the residents of Palm Desert, it is important to first look at the make up of the community and its demographics. REGIONAL SETTING This section of the Housing Element contains relevant demographic, household, and socio- economic data. This information is primarily based on data provided in the 1990 and 2000 U.S. Census of Population and Housing, the California Department of Finance and the City of Palm Desert. The City of Palm Desert is located in the Coachella Valley, in eastern Riverside County. The County experienced extremely rapid growth in the 1980's. County population grew from 663,923 in 1980 to 1,110,000 in 1990, an increase of 67%. The 2000 U.S. Census estimates that population in the County rose to 1,545,387 in 1999. Historic and Current City Population The U. S. Census estimated a population of 23,252 in Palm Desert in 1990. The population was further estimated at 41,284 in 2000, representing an average annual increase of just under 6.25%. Population by Age Group and Ethnicity In 1990 the City's median age was 42.3 years, representative of the high number of retired persons who have been attracted to the Coachella Valley. By the year 2000 the median age had risen to 48.0. Housing Element Ill-90 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Table III-14 Age Distribution,2000 Age Number % of Total Under 19 7,744 18.8% 20-34 6,030 14.6% 35-44 5,372 13.0% 45-64 10,728 26.0% 65+ 11,410 27.6% Total 411284 100% Source: 2000 U.S. Census Table III-15 lists the ethnic distribution for Palm Desert in 2000. Table III-15 City of Palm Desert Ethnic Characteristics, 2000 Number % of Total White 35,961 87.1% Black 493 1.2% Native American 130 0.3% Asian& Pac. Islanders 1,061 2.6% Other 3,639 8.8% Total 41,284 100% Hispanic 7,031 17.0% Note: the ethnic population numbers may seem distorted because the U.S. Census does not consider Hispanic ancestry to be a race. For this reason, some Hispanics choose to list themselves under the classification for other races. Source: 2000 Census of Population and Housing Household Size and Income The City had a total of 19,370 households in 2000. The 1990 Census identified a median household income in the City of$37,315, slightly higher than the County median income, which stood at $36,000 for the same time period. By 2000, median household income had risen to $48,316. The following Table lists the number of households in each income range in 2000. Housing Element III-91 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Table III-16 City Household Income Distribution, 2000 Income No. of HH % of Total Less than $10,000 1,413 6.5% 10,000-14,999 1,043 5.4% 15,000-24,999 2,128 11.0% 25,000-34,999 2,306 11.9% 35,000-49,999 3,111 16.1% 50,00-74,999 3,715 19.2% 75,000-99,999 1,938 10.0% 100,0004149,000 1,919 9.7% $150,000-$199,999 815 4.2% $200,000+ 982 5.1% Total 19,370 100%* Source: 2000 U.S. Census *Differences due to rounding. Employment and Major Employers The Census data also provided information on employment distribution in 2000. Of a total workforce of 17,384,the largest sectors for employment were retail trade and services. Table III-17 City Employment by Industry, 2000 Industry No. of % of Total Employees Agriculture/Forest/Fish/Mining 82 0.5% Construction 1,427 8.2% Manufacturing, Durables 492 2.8% Wholesale Trade 390 2.2% Retail Trade 2,167 12.5% Transportation,warehousing& utilities 530 3.0% Information 372 2.1% Finance, insurance& real estate 1,705 9.8% Professional, scientific, management & administration 1,806 10.4% Educational, health & social services 31051 17.6% Arts, entertainment, recreation, accommodation &food service 3,760 21.6% Other services (except public administration 992 5.7% Public Administration 610 3.5% Total Employment by Industry 17,384 100% Source: 2000 Census Housing Element 111-92 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element The City's current major employers are listed in Table 1II-18. Table IH-18 Major Employers— 1999 Employers Number of Employees Westfield Shoppingtown 2,750 Marriott's Desert Springs 1,800 College of the Desert 500 Robinson-May Company 350 Sunrise Company 325 Macy's 75 Foundation for the Retarded 75 J.C. Penney's 33 Waste Management of the Desert 150 U.S. Filter 133 City of Palm Desert 126 Source: City of Palm Desert Redevelopment Agency The retail and service sectors continue to be a major source of employment for residents of the City. Housing Characteristics The 2000 Census showed a total of 28,071 housing units in the City in 2000. Table I1I-19 City Housing Characteristics Units in Structure Number Single Family, detached 11,120 Single Family, attached 9,551 2-4 Units,Multi-family 2,463 5+ Units, Multi-family 3,738 Mobile homes 1,199 Total 28,071 Source: 2000 US Census The greatest growth in housing type has occurred in the single-family home area, continuing the City's historic trend as a suburban community. It is important to note that in addition to rapid growth, the above numbers also reflect annexations undertaken by the City during the last ten years. Age of Housing Stock The City's occupied housing units are relatively new, with only 41%being over twenty years old in 2000, as demonstrated in the Table below. Housing Element III-93 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Table III-20 Age of Housing Units Year Built No of Units % of Total 1999-3-00 372 1.9% 1995-1998 1,292 6.7% 1990-1994 2,416 12.5% 1980-1989 7,331 38.0% 1970-1979 4,343 22.5% 1960-1969 2,351 12.2% 1940-1959 1,106 5.7% Before 1940 88 0.5% Total 19,299 100% Source: 2000 U.S.Census,City of Palm Desert Vacancy Status The 2000 Census showed a total of 8,701 of the City's total 28,071 housing units to be vacant, for an overall vacancy rate of 31.2%. Correcting for seasonal or recreational units, which are considered vacant by the Census but are not available or used for permanent occupancy, the vacancy rate decreased to 6.3% in 2000. Table IH-21 Vacancy Status—2000 Unit Type No. of Units % of All Vacant Units For Rent 562 6.4% For Sale 351 4.0% Rented or Sold,not occupied 192 2.2% Seasonal, Recreational or Occasional Use 7,005 79.9% For Migrant Workers 0 0.0% Other Vacant 662 7.5% Total 8,772 100% Source: 2000 Census Housing Tenure Housing tenure for occupied units only in 2000 is shown in Table III-22. Table III-22 Housing Tenure—2000 Unit No. of Units % Owner Occupied 12,964 67.2% Renter Occupied 6,335 32.8% Total 19,299 100% Source: 2000 Census Housing Element 111-94 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Overcrowding The State Department of Housing and Community Development (HCD) has set the standard of 1.01 persons per room as the criteria for defining "overcrowded" housing conditions. Overcrowding is one of the specifically identified issues that must be addressed in the Housing Element. High rents and home prices in some communities limit low-income persons from obtaining homes with adequate space or bedrooms. The following Table represents the range of persons per room in the City's housing units in 2000. Table III-23 Overcrowding, 1990 Persons/Room No. of HH Owner-Occupied Units 0.50 or less 10,938 0.51 to 1.00 1,727 1.01 to 1.50 180 1.51 to 2.00 87 2.01 or more 32 Renter-Occupied Units 0.50 or less 3,830 0.51 to 1.00 1,827 1.01 to 1.50 278 1.51 to 2.00 249 2.01 or more 151 Source: 2000 Census Based on this data, a total of 977 households in Palm Desert were overcrowded. This represents approximately 5.1% of occupied housing units in the City in 2000. Of the total households overcrowded, 678 were renters and 299 were owners. Housin Values alues The 2000 Census estimated values for owner-occupied single family homes in the City. These are listed in Table III-24. Table III-24 Values, Specified Owner-Occupied Housing Units,2000 Value Number Less than $50,000 86 $50,000 to 99,999 1,056 $100,000 to 149,999 2,714 $150,000 to 199,999 1,982 $200,000 to 299,999 2,554 $300,000 to 499,999 1,743 $500,000 to 999,999 647 $1 000,000 or more 152 Source:2000 Census Housing Element 111-95 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element The median housing unit value in 2000 was $189,100. For renters, the median contract rent at that time was $744.00. Current housing values and rental rates are further discussed below. LANDINVENTORY Table III-25 shows the available residentially designated land in the City which is located within one mile or less of all necessary services and infrastructure (including water, electric power, telephone and City roadways). The Table also calculates the maximum number of units which could be generated within this zoning district. Table lIl-25 Vacant Residential Land, 2000 Potential Designation Acreage Units R-I (3 d.u./acre) 197.98 594 R-1-M Residential (5 d.u./acre) 40.1 201 R-2 (7 d.u./acre) 12.08 85 R-3 (18 d.u./acre) 17 306 P-R-5 Planned Residential (5 d.u./acre) 958.66 4,793 P-R-6 Planned Residential (6 d.u./acre) 1.15 7 P-R-7 Planned Residential (7 d.u./acre) 18.86 132 P-R-17.5 Planned Residential (17.5 d.u./acre) 34.44 603 Total 1,280.27 6,721 City of Palm Desert Planning Department Land Use Inventory,2000 GIS Database. Multi-family residential units are permitted by right in the Medium Density and High Density land use designations. In addition, the City has implemented overlay zoning for affordable and senior projects, which when applied provides applicants with further density and special standards. There are no limits to the potential density for such projects. Therefore, the potential units in the R-2, R-3 and PR-17.5 zoning districts could increase substantially if these lands were proposed for affordable housing. The City's Regional Housing Needs Assessment for 1998-2005 totals 444. Based on the Table above, there is both sufficient land and a sufficiently broad variety of densities to provide housing of all types and in all income ranges. In the R-3 and PR-17.5 zoning districts alone, a total of 909 multi-family units are possible, without the implementation of the above-referenced affordable housing overlays. The City of Palm Desert has designated more than sufficient land to meet its housing need for the planning period. Please also refer to the discussion of Quantified Objectives, below. Housing Element III-96 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element EXISTING AFFORDABLE HOUSING PROGRAMS There are a number of projects and programs available in Palm Desert which provide a variety of services to the City's residents. In addition, regional, state and federal programs can also be accessed within the community. This section of the Housing Element provides a summary of programs available by a number of agencies. City Programs The City has focused its redevelopment funds on the production of new units, the rehabilitation of existing units„ and has developed a single-family Home Improvement Program. The Home Improvement Program provides loans or grants tailored to the household's income to improve an existing housing unit. Grants can range to $12,500, and loans up to $25,000. The City's Redevelopment Agency provides a wide range of services for City residents. These services are designed to implement fair housing policies and procedures and to provide information concerning minority rights under existing fair housing laws. Three new assistance programs have been developed for implementation in 2001, as follows: Mortgage Subsidy Program Very low, low, and moderate income owners of single-family homes, condominiums and mobile homes may receive assistance if their mortgage payment exceeds 30% of their income. Assistance will be provided directly by the Redevelopment Agency. In exchange for the assistance, the home owner will be required to enter into a recorded agreement with the Agency assuring affordability of the home for 30 years. Rental Subsidy Program Owners of single-family homes, condominiums, mobile homes or apartments who rent to very low, low, and moderate income tenants may receive direct rental payment assistance from the Agency. The owner must, in exchange for the assistance, enter into a recorded agreement with the Agency assuring affordability of the rental units for 30 years. Homebuyers Program The Agency will provide assistance to very low, low, and moderate income persons in the form of low interest loans to be applied to down payment, non-recurring closing costs, reduction of the interest rate on the first trust deed, or any other cost associated with the purchase of a home, condominium or mobile home. The City's projects are discussed further under"Affordable Housing Projects" County and Federal Programs There are numerous programs available to provide rental assistance and to encourage the construction of new affordable housing. The following programs are available in the City of Palm Desert: Housing Element 111-97 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Section 8 Housing Assistance The Riverside County Housing Authority provides HUD Section 8 rental assistance to lower income renters within the City. The Authority subsidizes 75 households in the City. Senior Home Repair Program The County implements a program that allows qualifying households to receive grants for repairs to their single-family units. Loans can be applied to a wide range of projects, including sewer hook-ups and roof repairs,up to $35,000. First Time Homebuvers Program The County operates this program for qualified households, to assist in the purchase of a home. Loans are in the form of silent seconds, and cover expenses such as down-payments and escrow costs. AFFORDABLE HOUSING PROJECTS The City of Palm Desert Redevelopment Agency purchased 8 housing projects in the previous planning period in the City to provide a wide range of housing for lower income residents. The following affordable housing projects are available in the City. The current mix of tenants is also provided,but changes periodically, based on the applications received. Agency Owned Apartments One Quail Place provides 384 one and two-bedroom apartments available to all income ranges. There are 92 very low, 95 low, and 152 moderate-income households currently living in the complex. Desert Pointe is a 64 one and two-bedroom unit project which currently houses 29 very low- income households, 6 low-income households, and 29 moderate-income households. The Pueblos provides 15 two-bedroom units to very low-income senior households. Neighbors Garden Apartments has a total of 24 two-bedroom units, 15 of which are rented by very low-income households, 8 of which are low-income tenants, and one is rented to a moderate-income tenant. Catalina Gardens provides 72 studio and one-bedroom apartments to 40 very low, 11 low, and 17 moderate-income senior households. Las Serenas Apartments has 150 one-bedroom units rented to 56 very low-income, 28 low- income, and 64 moderate-income seniors. Taos Palms provides 16 two-bedroom units to 13 very low and 3 moderate-income households. These units are available for victims of domestic abuse, as long-term transitional housing. Santa Rosa Apartments provides 20 very low-income units. Housing Element Ill-98 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Affordable Ownership Projects Desert Rose is a 161 unit single-family project restricted for a period of 30 years to purchasers in the very low, low, and moderate-income categories. The project includes 24 very low income, 105 low-income and 32 moderate-income households, Facilities within the project include community recreation and daycare. The Rebecca Lane Homes has two single-family homes with resale restrictions for low-income households. Coachella Valley Housing Coalition constructed a total of 11 homes restricted to very low (3) and low (8) income households, and purchased through low interest loans and sweat-equity programs. Habitat for Humanity constructed 3 single-family homes, which are restricted to very low- income households, and were purchased through low interest loans and sweat-equity programs. Building Horizons homes were built as part of a vocational high school program, and provide two single-family homes for low-income households, with 30-year resale restrictions. Other Affordable Projects San Tropez Apartments has 512 one and two-bedroom units, of which 51 are available to low- income households, and 52 to moderate-income households, for a total of 103 units available through the City's Density Bonus Program. The balance of the units are available to market households. Laguna Palms has a total of 48 studio, one and two bedroom units restricted to 24 very low and 24 to low-income households. Candlewood Apartments is a senior and disabled tenant project which has 26 one-bedroom units for 13 very low and 13 low-income households. Summary of Affordable Housing Projects Altogether, the City owns 745 multi-family housing units, available to 341 very low, 330 low, and 354 moderate-income households. In addition, there are 37 very low and 37 low-income restricted multi-family units owned by private parties. CONSTRAINTS TO THE DEVELOPMENT OF HOUSING A number of governmental, environmental and other constraints can affect the provision of affordable housing in any community. This section of the Housing Element reviews these potential constraints, and analyses whether constraints exist in Palm Desert. Housing Element Ill-99 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Governmental Constraints Permit Processing The City of Palm Desert has adopted a rapid processing system which assures that all applications are processed efficiently. The City allows for the concurrent processing of all types of applications, and an applicant with a complete application can secure Planning Commission approval in 3 months or less. The City's timelines for application processing are not a constraint to development. Application Fees The City's Community Development Department fee schedule is depicted below. Clearly, these fees are not a constraint to the development of housing. Table III-26 City of Palm Desert Planning Department Fees Permit Type Fee General Plan Amendment $ 500.00 Change of Zone 325.00 Architectural Review (single family home) 15.00 Conditional Use Permit or Precise Plan 140.00 Environmental Assessment 30.00 Tentative Tract Map 250.00+2.50 per lot/$1,000 max. Parcel Map 50.00 Soume:City of Palm Desen,2000 The City Council may waive fees for affordable housing projects. General Plan and Zoning Ordinance Constraints The Land Use Element of the City's General Plan allows for density ranges of 1 to 18 units per acre. In addition, the City has implemented a Second Unit Senior District and Senior Housing Overlay District in its Zoning Ordinance, which allow an additional rental unit on a single family lot, and higher density for senior projects, respectively. The City has also implemented a density bonus program for projects which commit to income restrictions, as implemented at the San Tropez Apartments, and a senior overlay which allows additional units for senior-restricted units. The increased densities available under these overlays vary, but have no pre-set limits,providing the greatest possible flexibility to the development community. Other provisions in the Zoning Ordinance impact the cost of housing in the City. Development standards can increase the costs of construction, and thereby increase the cost of the home to the buyer. The City's development standards are listed in Tables 16 and 17 of the Zoning Ordinance. Some of the most relevant standards are listed in the following tables. Housing Element Ili-100 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Table III-27 Residential Development Standards Minimum Area Requirements for Residential Zones Use Livable Area in Parking Required Sq.Ft. Single-Family 1,000 2 spaces Studio & 1 Bedroom Apt. 600 2 spaces, I covered 2 Bedroom or more Apt. 800-2 bdrm 2 spaces, 1,200 - 3 bdrm 1 covered Source:City of Palm Desert Zoning Ordinance Table III-28 Minimum Development Standards for Residential Zones Standard R-1 R-2 R-3 Units per Acre 5 7 18 Lot Area 8,000 sq. ft. 8,000 sq. Ft. 10,000 sq. Ft. Lot Width 70 feet 70 feet 90 feet Lot Depth n/a 100 feet 100 feet Building Lot Coverage 35% 50% 50% Common Area N/A N/A 300 s.f./unit Building Height 1 story/18 feet 22 feet 22 feet Source:City of Palm Desert Zoning Ordinance The tables above illustrate that the development standards in the City do not represent an over- restrictive condition, and are not a constraint to development of affordable housing. Projects including new residential construction are normally required to install all necessary on and off-site improvements, including a half-width of the paved width of the street, concrete curbs, sidewalks, water connections and sewer connections. Roadway standards for local or neighborhood streets that allow parking on both sides of the street have paved width of 40 feet. Infrastructure improvements are in place in most locations within the City limits. Building Code Requirements The City enforces the Uniform Building Code (UBC), as do communities throughout California. When the UBC is updated, the City updates its implementing ordinance accordingly. The City cannot adopt standards that are less stringent than the UBC. Imposition of the UBC does not unduly impact the cost of housing in Palm Desert in comparison to any other community in the State. Building Permit Fees The City charges fees for the review of building plans and the inspection of residential structures under construction. These fees are intended to recoup the City's costs associated with these activities. In addition, school districts throughout California charge a fee of$2.05 per square foot of residential construction to offset the costs of providing new schools. Housing Element 111-101 City of Pahn Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element The City's Building Department has prepared a typical building permit fee for a single-family residence with a valuation of$164,150.00 (including a two car garage and 200 square foot patio cover). Transportation Uniform Mitigation Fee (TUMF) fees for new construction provide exemptions for affordable housing projects. This estimate is provided below. Table III-29 City of Palm Desert Typical Single Family Building Permit Fees Permit Type Fee Plan Check Fee $ 457.28 Construction Tax 800.00 Building Permit Fee 703.50 Microfilm Fee 21.00 Job Valuation Fee 41.25 Strong Motion Instrumentation Program Fee 16.42 Art in Public Places 410.38 Transportation Uniform Mitigation Fee 794.31 Total Building Fee 3,244.14 Source:City of Palm Desert,2000 Fees will similarly be charged for multi-family residential projects, based on valuation of the project. In addition, developers are required to pay fees to other agencies, over which the City has no control. These include fees for water and sewer connection, and school fees. These fees are imposed on all development in the City and throughout the Coachella Valley, and have not impacted development of housing in Palm Desert or elsewhere in the Valley. Finally, the City Council has the ability to waive or defer fees for affordable housing projects, as demonstrated in Policy 5 of this document. Code Enforcement The Code Enforcement process can result in the loss of affordable units. Conversely, however, the Code Enforcement Department provides protection to renters and homeowners from issues of public health and safety. The Code Enforcement Department in Palm Desert works closely with the Housing Manager's office to coordinate areas that require assistance, particularly with health and safety issues. The Housing Manager coordinates repairs through the Home Improvement Program, and establishes the grant or loan to assist the household in making repairs. The City is also considering establishing such a program for multiple family residential units. Economic Constraints Non-governmental constraints to affordable housing in the City include the cost of land, cost of construction, and cost of financing. The geography of the Coachella Valley dictates that these factors are more regional than City-specific. Land Costs Housing Element 111-102 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element The cost of land is an important component of housing costs. The rapid increase in land costs throughout Southern California has pushed up housing costs simultaneously. Land in the Coachella Valley has been, and remains, relatively affordable compared to other Southern California markets, but increased demand for housing due to population growth will continue to put pressure on land costs. Land in Palm Desert can range from $30,000 to $40,000 for an in-fill improved residential lot, to $100,000 per acre for a larger parcel of land. With a maximum potential density of 18 units per acre, this represents a maximum potential cost per unit of$5,500 assuming that no density bonus is involved in the project. Construction Costs Construction costs are the result of the current costs of labor, materials, and short-term financing. Single-family construction costs are estimated to range between $50 and $100 per square foot depending on home design and materials selected. Multi-family construction costs range from $40 and $75 per square foot, again depending on design. The median sale price for a single family home in 1998 in the City was $155,000, according to the California Association of Realtors. Financing Costs Financing costs impact both the purchase price of the unit and the home buyers ability to purchase. Interest rates fluctuate in response to national factors. Currently relatively low(8% to 9%), they can change significantly and substantially impact the affordability of the housing stock. There are no known mortgage deficient areas in the City. Financing for both construction and long term mortgages is available subject to normal underwriting standards. Physical Constraints Maintenance of Housing Stock As housing units age, they become more expensive to maintain. Housing units over 30 years of age can become a burden to the owners, as costs for repairs rise. In Palm Desert, there are 3,545 housing units built before 1970, representing 18% of the City's total housing stock. These units may require continued attention to remain viable housing units. Table III-30 Age of Housing Units Year Built No of Units % of Total 1999-3-00 372 1.9% 1995-1998 1,292 6.7% 1990-1994 2,416 12.5% 1980-1989 7,331 38.0% 1970-1979 4,343 22.5% 1960-1969 2,351 12.2% 1940-1959 1,106 5.7% Before 1940 88 0.5% Total 19,299 100% Source: 2000 U.S.Census,City of Palm Desert Environmental Constraints Housing Element 111-103 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Seismicity The City of Palm Desert is located south of the San Andreas Fault. The City is classified as Zone III and IV in the Uniform Building Code for seismic activity. The UBC imposes certain standards for construction in these zones, which may add to the overall costs of housing. These standards, however, are necessary for the public health and safety, and are common throughout the Valley and California. The standards required to protect the City's residents from seismic hazards is not considered a constraint to the provision of housing. HOUSING NEEDS Existing Need Although the Regional Housing Needs assessment included analysis of each community's existing need, the California Department of Housing and Community Development has indicated that the existing need analysis was to be used as a guide in identifying and establishing appropriate programs and policies. The analysis determined that the City should have a total of 15,292 housing units, well below the 28,882 currently occurring in the City. The 1998-2005 Regional Housing Needs Allocation The Regional Housing Needs Assessment was prepared by SCAG. The following table lists the 1998-2005 allocation for the City of Palm Desert. Table IH-31 Future Housing Needs by Income Category, 1998-2005 Units Very Low Income 77 Low Income 67 Moderate Income 85 High Income 215 Total Units Needed 444 SPECIAL HOUSING NEEDS There are households with identifiable special needs, as defined by California law for which the City must plan. These groups include single parent households, farmworkers, the handicapped and the elderly. Each special needs category is discussed in greater detail below. Farmworkers The 1990 Census showed a total of 217 persons employed in agriculture in Palm Desert in 1990. The changing economy, and the elimination of agricultural lands in the City is likely to have reduced that number further. Year 2000 Census data is likely to show a much smaller number of persons employed in agriculture living in the City. Homeless Housing Element III-104 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Homelessness is a difficult issue to quantify. The homeless are generally mobile, often crossing from one city or county into another. The mild winter climate in the Coachella Valley may attract the homeless in those months. Hot summer temperatures encourage the homeless to seek daytime shelter in air-conditioned public buildings such as libraries and malls. The primary provider of services to the homeless in the Coachella Valley is Catholic Chanties, a non-profit, nondenominational organization. Catholic Charities staff reports that the reasons for homelessness include sudden job loss, illness and lack of medical insurance, family break-ups, and seasonal job layoffs or reduction in hours. Catholic Charities and the County Housing Authority operate a 40 bed emergency shelter for homeless families. The shelter is located in Palm Springs, but serves the entire Coachella Valley region. Shelter From The Storm is a battered women's shelter located in the Coachella Valley. Women and their children generally stay up to 45 days. The Shelter provides three meals a day, counseling and other services. Other homeless individuals not served by the facility at Nightingale Manor include the mentally ill, those with chemical dependencies, and those who voluntarily choose a transient lifestyle. These individuals may be served by the Coachella Valley Rescue Mission, located in Indio, or by the Emergency Cold Weather Shelter, located at the National Guard Armory in Indio, in the winter months. These facilities provide only emergency shelter and do not deal with the causes of homelessness. There is currently a shelter for women in the City of Palm Desert. The Elderly In 2000, the City had 11,339 persons over the age of 65, representing 27.6% of the population. These seniors were in a total of 7,356 households. The Census further indicated that there were 6,176 owner-occupied senior housing units, and 1,661 renter-occupied housing units. Affordability can be an issue of special concern to the elderly, who are often on fixed retirement incomes. In addition, the elderly may require assistance with housekeeping, maintenance, and repairs to remain in their own homes as long as possible. Special design features that may be needed include elimination of barriers such as steps and the provision of recreational and social amenities for the elderly. The City of Palm Desert has a number of facilities for the elderly, including several board and care facilities that house elderlypersons who require some level of medical care. The City is also 4 home to several nursing care facilities, including the Carlotta, with 192 beds; Manoreare Health Services, with 178 beds; and Monterey Palms, with 99 beds. The City's seniors also live in its mobilebome parks, as discussed below. Housing Element 111-105 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Handicapped The 2000 Census identified 7,833 persons in the City with disabilities, of which 3,505 were persons over the age of 65. No data is currently available which correlates disability to income, and not all disabling conditions impact an individual's income or housing needs. Many disabilities, however, lead to special housing needs such as ramps, wider doors and hallways, lower cabinets and countertops, and grab bars. The Americans with Disabilities Act (ADA) requires that all new multi-family construction include a percentage of units accessible to the handicapped. The City of Pahn Desert Building Department requires compliance with these standards as part of the Building Permit review and inspection process. AIDS The Desert AIDS Project(DAP) has 50 clients who live in Pam Desert. Although other residents may be HIV-positive, most DAP clients have progressed into the symptomatic stages of the disease. As the disease progresses, persons with AIDS (PWAs) often become unable to work, lose their source of income, and lose their medical insurance. Housing affordable to low-income people, including group homes and hospice care, become special housing needs of PWAs. Large Families The 2000 Census indicates there were 1,052 households with five or more persons in the City. The Census further indicated that 589 of these households lived in owner-occupied housing units, and 463 lived in renter occupied housing units. Large families have a special need for three, four, or more bedroom units. The Census also identified a total of 1,879 housing units with 4 or more bedrooms. No data is available regarding the relationship of these larger units to affordability. Single-Parent Families 2000 Census data indicates there are 1,165 single-parent families in the City, 328 with a male head of household and 837 with a female head of household. Single individuals with dependent children need housing that is both affordable and located close to daycare facilities and schools. Affordable Units at Risk Only one project in the City qualifies as being"at risk."The 26 unit Candlewood Apartments has a 5-year contract with the Department of Housing and Urban Development to remain affordable, and could opt out at the end of each of these contract renewals. Provisions should be made by the City to safeguard these units, should their affordability be threatened. Riverside County Income Limits The 2001 median income calculated for Riverside County for a family of four is $49,900. This is used to calculate very low(50%of median) and low (80% of median) incomes for use in State and federal subsidized housing programs. Housing Element 111-106 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Table III-32 Affordable Housing,Income Limits County of Riverside,2001 # of Annual Persons Income Standards Very Low Median Moderate Low 1 $17,450 $27,950 $34,950 $41,950 2 $19.950 $31,950 $39,900 $47,900 3 $22,450 $35,950 $44,900 $53,900 4 $24,950 $39,900 $49,900 $59,900 5 $26,950 $43,100 $53,900 $64,700 6 $28,950 $46,300 $57,900 $69,500 7 $30,950 $49,500 $61,900 $74,300 8 $32,950 $52,700 $65,850 $79,050 Source: California Department of Housing and Community Development,Income Limits for Riverside County,2001 Households Overpaying for Housing The Census estimated the number of households overpaying for housing in 2000 in the City. Overpayment is defined as paying more than 30% of a household's income toward the provision of shelter. 2,192 renter-occupied households were paying more than 30% of their income toward housing expenses in 1990, while 3,450 owner-occupied households were paying more than 30% of their income toward housing expenses. Preservation of Mobilehome Parks as an Affordable Housing Opportunity Traditionally, mobilehome parks have provided an affordable housing opportunity, particularly for senior citizens. Mobilehome parks will have a positive impact on the City's lower-income residents, and their ability to find affordable housing. The City has a total of 1,203 mobile homes currently. Table II1-37 provides a listing of the City's mobilehome parks, and their representative rental rates. Table III-33 Representative Mobilehome Park Rental Rates in Palm Desert, 2000 Senior Only Monthly Rental Project Name total units Indian Springs(191) Yes $ 380-600 Palm Desert Mobile Estates (142) No 282-330 Silver Spur(219) No 424-485 Suncrest(360) Yes 398-676 Portola Palms 142 No Ownership Source: Terra Nova Planning &Research, Inc. 2000 Housing Element III-107 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Apartment Rental Rates The median monthly rental rate for Palm Desert was $616 in 1990. Based on the 30% gross household income standard, a monthly income of $1,850, or annual income of $22,200, was needed to afford a rent of$616 per month. In order to gauge the affordability of housing in the City currently, a telephone survey of representative projects was conducted. Table III-34 Representative Apartment Market Rental Rates in Palm Desert, 2000 Project Name Unit Market Restricted (total units) Size Rental Rental Rate Rate Candlewood(26) 1 Bdrm $400.00 Catalina Garden(72)* Studios $428.00 $227-523 1 Bdrrn $525.00 $233-549 Country Club Estates (141) 1 Bdrm $575.00 Desert Oasis(320) Studios $365.00 1 Bdrm $695-720 2 Bdrm $730-865 3 Bdrm $995-1,075 Desert Pointe (64)* Studios $465.00 $227-523 1 Bdrm $550.00 $233-549 2 Bdrm $635.00 $288-683 Golden Oaks (16) 2 Bdrm $650.00 Laguna Palms(48) Studios $410.00 1 Bdrm $500.00 2 Bdrm $600.00 Las Serenas(150)* 1 Bdrm $500.00 $233-549 Neighbor's Garden(24)* 2 Bdrm $600.00 $288-683 One Quail Place(384)* 1 Bdrm $640.00 $233-549 2 Bdrm $680-725 $288-683 Palm Desert Apartments(248) Studios $495.00 1 Bdrm $550-575 2 Bdrm $595.00 Palm Desert Palms (40) 2 Bdrm $695-725 Palm Lake Village(220) I Bdrm $750-850 2 Bdrm $825-925 Panorama(58) 1 Bdrm $595.00 The Pueblos (15)* 2 Bdrm $312.00 $202-312 Rancho Vista(42) 2 Bdrm $800.00 3 Bdrm $1,000.00 San Tropez Villas(512) 1 Bdrm $705.00 2 Bdrm $837.00 Taos Palms (16)* 2 Bdrm $615.00 $241-615 Villa del Sol(32) 2 Bdrm $675.00 Units owned by the City of Palm Desert Housing Element 111-108 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/liousing Element Clearly, the City's market rate rental housing is at a level which represents an affordable housing opportunity for most households. A very low-income family of 3, based on the 2000 income limits shown in Table III-34, above, would be able to afford an apartment at $534.00 per month. A low-income family of 4 could afford up to $948.00 per month. This results in most families being able to afford the market rate apartments in the City without assistance. Energy Conservation Energy conservation is particularly important in the Coachella Valley, due to the extreme summer heat. Title 24 and Building Code regulations require energy efficiency in all new construction of housing through design features, insulation, and active solar devices. When evaluating energy efficiency standards above and beyond the State-mandated Title 24, local jurisdictions must balance the increase in the cost of housing with the reduction in monthly utility bills for the user. The City's development regulations, building regulations and General Plan enforce the standards required in Title 24, as well as providing encouragement for the use of energy efficient construction techniques. QUANTIFIED OBJECTIVES Table III-35 Quantified Objectives Matrix 1998-2005 Income Category Very Low Low Moderate High Total New Construction 77 67 85 215 444 Rehabilitation 50 65 35 0 100 Conservation 5 5 0 0 10 REDEVELOPMENT AGENCY FUNDING In order to achieve the quantified objectives shown above, the Redevelopment Agency must make certain that adequate funds are available to assist in the development of housing. The Redevelopment Agency receives approximately $7,000,000.00 annually in housing set-aside funds. Of these funds, approximately $3.5 million is allocated to debt service. An additional $700,000 annually is required for administration and other expenses. The Agency has projected that the following projects will be funded during this planning period. Santa Rosa III Substantial Rehabilitation: $1,000,000.00 City Land/145 Multi-Family& 115 Single- Family Ownership New Construction: $14,876,802.00 Single-Family Rehabilitation: $8,100,000.00 Multi-Family Rehabilitation: $2,500,000.00 New Affordable Senior Project: $2,000,000.00 Self Help Housing: $750,000.00 Housing Element 11I-109 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element In addition, the Agency may facilitate the issuance of tax-exempt multi-family bonds for both new construction and acquisition and rehabilitation. Two such projects under negotiation by the Agency at this time (2001) include the purchase of 141 apartments on California Street, to be made available to 36 very low, 70 low and 35 moderate-income households; and the development of a 20 unit apartment project on Santa Rosa Way, to include 5 one-bedroom and 15 two-bedroom units, available to 10 very low and 10 low-income households. Finally, two privately funded projects are currently(2001)under way: • The first will result in 612 apartment units to be built in two equal phases. The project is located on Hovley Lane, between Cook Street and Portola. The first phase will be completed in November of 2002, and will include 31 units restricted to low-income households. The second phase will be completed in December of 2003, and will add another 31 units restricted to low-income households. • The second project, to be constructed on California Street, will result in 76 senior units, 8 of which will be restricted to low-income households, and 8 to moderate-income households. The project will be complete in October of 2001. Implementation of these projects is the focus of the goals, policies and programs which follow. PUBLIC PARTICIPATION The City held a number of workshops and public hearings in reviewing this Housing Element. These included a public workshop held by the Housing Commission, which was advertised throughout the City's projects, a public workshop before the General Plan Advisory Committee, and duly noticed public hearings before the Planning Commission and City Council. All these meetings and hearings were fully noticed, with additional notices posted within the City's housing projects. GOALS, POLICIES AND PROGRAMS Goal 1 A variety of housing types that meet all of the needs for all income groups within the City. Goal 2 The preservation and maintenance of the high quality of the City's affordable housing supply. Policy '1 The creation of new and the preservation of existing affordable housing projects shall be encouraged in all areas of the City. Program LA The Agency shall pursue development of 145 rental and 115 ownership units west of Cook Street, between 42nd Avenue and Merle, as an affordable family project. Responsible Agency: Redevelopment Agency Schedule: 2002-2005 Housing Element I11-110 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Program LB The Agency shall continue to implement the Self Help Housing program, and shall identify 20 households to be assisted by the program in this planning period. Responsible Agency: Redevelopment Agency Schedule: 2004-2005 Program 1.0 The Agency shall continue to subsidize existing affordable housing units in the City, including apartment units it owns now and in the future. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program 1.D The Agency shall maintain the existing resale restrictions and other subsidies on the Desert Rose project. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program LE The Agency shall maintain ownership of its 745 existing rental housing units in order to assure long term affordability for these projects. Responsible Agency: Redevelopment Agency Schedule: Ongoing Policy 2 The City shall continue to strive to meet the State-mandated special shelter needs of large families, female headed households, single parent families, senior citizens, handicapped and homeless individuals and families, and shall consider including units for such households in its projects. Program 2.A The City shall continue to enforce the provisions of the Federal Fair Housing Act. Information on the Fair Housing Act, as well as methods for responding to complaints, shall continue to be available at City Hall in the Housing Manager's office. Responsible Agency: Housing Manager, Redevelopment Agency Schedule: Ongoing Program 2.B The City shall work with the Senior Center and other appropriate agencies in assisting whenever possible in the housing of handicapped residents, through participation by the Redevelopment Agency. Responsible Agency: Redevelopment Agency, Senior Center Schedule: Ongoing Program 2.0 The development of homeless shelters and transitional housing shall be maintained as a conditional use in the R-3 and Planned Residential districts in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Ongoing Housing Element III-111 City of Palm Desert/Adopted 3,15.04 Comprehensive General Plan/Housing Element Program 2.1) The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha's Village and Catholic Charities, to apply to the City for the assignment of CDBG funds for homeless services. Responsible Agency: City Manager's Office Schedule: 2003-04 Program 2.E The City shall encourage the acquisition of existing mobile home parks by non-profit agencies or organizations, in order to preserve their affordability. Responsible Agency: Redevelopment Agency, City Manager's Office Schedule: Ongoing Policy 3 The City shall continue to utilize resale and rental restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval in order to preserve affordable for sale housing units for the long term. Program 3.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 50 households should be assisted every year. Responsible Agency: Housing Manager Schedule: Ongoing Program 3.13 Should the Candlewood Apartments opt-out of their HUD contract, the City shall actively participate in the identification of a potential buyer to maintain affordability for this project. The Redevelopment Agency will also assist these organizations in securing financing. Responsible Agency: Redevelopment Agency Schedule: As needed Policy 4 The Redevelopment Agency shall annually allocate funds to eligible projects for review and consideration, in conformance with its Five Year Implementation Plan. Policy 5 The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Policy 6 The City shall continue to address the needs of the senior population in the development of housing. Program 6.A The City shall maintain the Senior Housing Overlay District and the Second Unit Senior Housing standards in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Ongoing Housing Element 111-112 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Program 6.B The Agency shall begin to develop plans for a senior housing project during this planning period. Responsible Agency: Redevelopment Agency, Housing Manager Schedule: 2003-04 Program 6.0 The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Redevelopment Agency, Community Development Department Schedule: Ongoing Policy 7 The City shall implement the State's density bonus law. Policy 8 The City shall encourage the rehabilitation of existing housing units. Program &A The Agency shall annually fund the Single Family Rehabilitation Program, and shall assist 25 households each year. Responsible Agency: Redevelopment Agency, Housing Manager Schedule: 2003-04, Ongoing Program 8.11 The Agency shall establish and fund a multi-family residential rehabilitation program, and assist 30-40 multi-family units during the planning period. Responsible Agency: Redevelopment Agency, Housing Manager Schedule: 2003-04 Policy 9 The City shall maintain the Rental Subsidy Program, the Mortgage Subsidy Program and the Homebuyers Program. Policy 10 Promote the jobs/housing balance through the development of housing with convenient access to commercial land uses, schools, available public transport and employment centers. Policy 11 Encourage energy conservation through the implementation of new technologies, passive solar site planning and enforcement of building codes. Please also see the Energy and Mineral Resources Element. Housing Element 111-113 r � TERRA NOVA PLANNING & RESEARCH INC° September 6, 2007 Mr. Ryan Stendell Associate Planner RECEIVED City of Palm Desert 73510 Fred Waring Drive ,c.r U 6 2007 Palm Desert, CA 92260 'OMMUNITY DEVELOPMENT DEPARTMENT RE: Housing Element Request for Proposal. CITY OF PALM DESERT Dear Ryan: Please accept this letter as our response to the City's Request for Proposal (RFP) dated August 20, 2007. Introduction and Understanding of the Project The City wishes to update its Housing Element in compliance with state requirements, for the planning period from 2008 to 2014. The last Element, which was updated in 2000, with subsequent incorporation into the General Plan update in 2002, was certified by the Department of Housing and Community Development (HCD). The update is to be comprehensive, and is to address all requirements of law. This proposal includes the preparation of all documentation associated with that submittal. Terra Nova assisted the City in preparing its Housing Element in 2004, and incorporated the Element into the General Plan update. At that time, the only changes made were statistical, to assure consistency with the rest of the General Plan. Terra Nova worked closely with Planning and Housing Department staff in the preparation of the previous Element, and proposes to do so again. The Element must be updated to coordinate the needs of the City and the Redevelopment Agency. This will include discussions with City staff on anticipated projects, projected Low/Moderate Income fund revenues, and the commitment of these revenues to specific projects during the planning period. We will also assure that the terms of the Settlement Agreement are clearly shown to be complied with, and how the City intends to continue to comply with them. All work will also be coordinated to assure consistency with the Agency's Redevelopment Implementation Plan. We have included a brief scope of work below, which assumes that the basic format and policy direction of the Element will not substantially change with this Update. We would expect that the community input we receive will lead to the development of new policies to address community desires, but that the City's history of providing a broad range of housing for all income levels will still remain as the base precept of the document. As previously discussed with City staff, we would expect that the focus of the update will be 400 SOUTH FARRELL, SUITE B-205 0 PALM SPRINGS, CA92262 0 (760)320-9040 0 FAX (760) 322-2760 Mr. Ryan Stendell September G,2007 Page 2 of 8 on lands in the northern end of the City and its sphere. We also understand that we are likely to need to consider re-zoning lands (potentially both City owned and privately owned parcels) to meet the land inventory requirements. The base statistical data for the Housing Element will be the 2000 Census, as required by law. However, we propose the collection of data from a number of sources to update this data, which is now substantially outdated. Data will be collected from state agencies and other sources, including research studies and reports prepared by third parties, to provide the Element with an accurate statistical basis for the analysis in the Element. The Housing Element update is a project under the California Environmental Quality Act (CEQA), and we recommend the preparation of an Initial Study, leading to a Negative Declaration. The Housing Element, although providing policy direction toward the construction of housing units in the City, will not, in and of itself, result in alteration to the environment. As such, the CEQA process can be simplified for the project. Key Personnel This project would be undertaken by Nicole Sauviat Criste, a principal of the firm, with assistance from Laura Alstadt and Olivia Ervin. Their resumes are provided below. NICOLE SAUVIAT CRISTE Principal Planner Ms. Criste has conducted extensive land use analysis, development design, market research analysis and marketing strategy development since 1981. Her land use/market feasibility experience has included the analysis and application of demographic research to determine real estate and development trends, focused marketing campaigns, and to gauge project feasibility. Ms. Criste has conducted extensive land use surveys and analyses, and created CAD geo-based maps to enhance land use planning efforts. With Terra Nova since 1985, Ms. Criste has researched and assisted in the preparation of environmental assessments for the U.S. Bureau of Indian Affairs, Federal Highway Administration, Farmer's Home Administration and the Economic Development Administration. She has also participated in the development of numerous environmental documents and land use feasibility studies. Ms. Criste also works extensively in current planning, assisting the cities of La Quinta, Banning, San Bernardino, Rancho Mirage, Palm Springs, Coachella, Blythe and Yucca Valley in the processing of applications ranging from Specific Plans to Use Permits. Her experience in this area ranges from the staffing of planning departments to individual case work and preparation of Initial Studies and Mitigation Monitoring Programs. Most recently, Ms. Criste has been responsible for the development of the Banning, Cathedral City and La Quinta General Plans and Environmental Impact Reports. Ms. Criste was also principal in charge in the development and implementation of a Mr. Ryan Stendell September 6,2007 Page 3 of 8 Comprehensive Plan, award-winning Zoning Ordinance, and Environmental Impact Statement for the City of Poulsbo; Washington. Ms. Criste is also responsible for the firm's work with Housing Elements, and has prepared these documents for the cities of Blythe, . Palm Desert, Rancho Mirage, Cathedral City, Yucca Valley and Big Bear Lake. Ms. Criste also has extensive experience working with medical and publishing clients in developing expansion plans. Studies have been initiated to determine the feasibility of the planned use have expanded to include the consumer market and comparative data from the western states to establish feasibility for expansion. She has worked extensively with demographic data bases in developing customized reports for the company's broad range of clients. Ms. Criste is a graduate of Scripps College with a Bachelor of Arts degree in European Studies. LAURA ALSTADT Senior Planner Since joining Terra Nova in 1999, Ms. Alstadt has been involved in a broad range of land use and environmental planning efforts, including preparation of General Plan elements and a variety of environmental documents. Her General Plan experience includes major research and authoring associated with the Cathedral City and Palm Desert General Plans, including Open Space and Conservation, Parks and Recreations, Public Facilities, Schools and Libraries, Scenic Highways and other elements. She also had responsibilities for related portions of the General Plan EIR. Ms. Alstadt also playeda major role in the preparation of EIRs for the 700,000 Desert Gateway commercial project and the 703 acre Crest golf club resort project both located in the City of Palm Desert. Ms Alstadt played a major role in the preparation of the Environmental Impact Report for the Cathedral City General Plan, and coordinated mapping and exhibit preparation for this project. Ms. Alstadt has also contributed to the preparation of fiscal impact analyses for the Crest golf course annexation, and the Paradise Valley project, which involves the planning of a new town east of the City of Indio, on approximately 6,400 acres. Issues of particular importance in this project have involved land exchanges with the Bureau of Land Management, the balance of commercial and residential land uses, and the development of over 1,500 hotel rooms. Mr. Ryan Stendell September 6,2007 Page 4 of 8 Olivia A. Ervin Associate Planner Ms. Ervin graduated in 2005 from the University of California, Davis with a Bachelor's degree in Environmental and Resource Science from the Department of Land, Air and Water Resources. This multidisciplinary program emphasized biological, chemical, and physical features of environmental resources, as well as the economic and social considerations associated with their use, conservation, protection, and management. Prior to joining Terra Nova, Ms. Ervin was a research specialist for the Department of Plant Science at UC Davis where she conducted population level community analysis research. Additionally, she served as an assistant researcher for a Plant Physiology Laboratory where she collected data and ran analysis in order to quantify gene expression in response to various levels of drought. Ms. Ervin has been a member of the Terra Nova team since early 2007. Since that time she has been involved in a number of projects in the Coachella Valley including the preparation of Initial Studies, Specific Plans, and General Plan level EIRs. As a valuable P P team player, Ms. Ervin has contributed by drafting documents, preparing air quality calculations, and researching a number of issues, such as changes in regulations, climate change, and water resources. Summary of Relevant Experience and References Terra Nova has prepared Housing Elements for a number of San Bernardino and Riverside County cities. For the last Element cycle, Terra Nova prepared Housing Elements for the cities of Cathedral City, Rancho Mirage, Palm Desert, Blythe, and the Town of Yucca Valley. In all cases, Terra Nova was the primary contractor, and performed all tasks associated with completion of the documents. All these elements were certified by HCD. Our background and previous experience with Palm Desert in preparing the General Plan and Housing Element in 2002-2004 has prepared us well for the task at hand. We believe that our knowledge of the City, our understanding of the historic activities of the Redevelopment Agency, and our sensitivity to the issues which have previously been litigated make Terra Nova particularly well suited for the Housing Element Update. We believe that it is significant that we are to prepare the elements for Blythe, Yucca Valley, Cathedral City and Rancho Mirage in this cycle. In all but Cathedral City, this will be the third Housing Element we prepare for these cities. We are also to prepare the Housing Element for the Town of Apple Valley, as part of the comprehensive General Plan update we are preparing for the Town. References are provided below. Mr. Ryan Stendell September 6,2007 Page 5 of 8 Cathedral City: Warren Bradshaw (760) 770-0370 Rancho Mirage: Randy Bynder, Community Development Director(760) 328-2266 Palm Desert: Carlos Ortega, City Manager (760) 346-0611 Blythe: Jennifer Wellman, Community Development Director (760) 922- 6161 Summary Scope of Work and Time Allocation ➢ Establish regular meeting schedule for City staff/Terra Nova team meetings, status meetings and public workshops (Principal Planner: 24 hours/Associate Planner: 24 hours) ➢ With City staff assistance, develop a stakeholder's list of agencies, persons and organizations with an interest in affordable housing issues. Develop materials publicizing two pubfic workshaps-for purposes of gathering data and input on the amendment of the Element, and community wishes for policy direction. These may be organized as free-standing workshops, or Housing Subcommittee meetings, depending on the City's preference. (Principal Planner: 8 hours/Associate Planner: 16 hours) ➢ Contact rental and sales agencies, develop data base of rental rates for apartments, and sales prices for homes and mobile homes within the City. Gather third party data on housing prices and sales rates, including sources such as the Inland Empire Quarterly Economic Report, County and state data, and other sources. Incorporate findings in discussion of market housing in the Element text. (Associate Planner: 12 hours) ➢ The data available in the existing element regarding the condition of housing stock will be supplemented with Code Enforcement data, Building Permit information and Redevelopment Agency records to result in a current survey of the condition of the housing stock. No independent City-wide site surveying is expected to be generated. (Associate Planner: 8 hours) ➢ Progress made toward meeting the goals and policies of the existing element will be quantified, and provided in a "review and revise section" at the beginning of the Element. Potential preservation methods available to insure the long term viability of at-risk units will be presented. (Principal Planner: 12 hours) ➢ Governmental and environmental constraints will be updated, using data collected from City departments. This will include fee schedule analysis, including engineering, planning and building permit fee analysis. Any development impact Mr. Ryan Stendell September 6,2007 Page 6 of 8 fees imposed by the City will also be incorporated into the analysis. (Associate Planner: 8 hours) ➢ Develop cost of construction data to support analysis of the cost of housing construction in the City. This analysis will be included in the constraints analysis of the Element. (Associate Planner: 8 hours) ➢ Review rehabilitation programs to ensure that they meet State standards, and incorporate same into draft document. Update regional, state and federal programs available to encourage affordable housing construction. (Principal Planner: 8 hours) ➢ Incorporate land use designation and acreage from General Plan Land Use Map, with amendments generated through review of approved and constructed projects since adoption of the General Plan. The analysis will lead to a section which identifies adequate available lands to meet the RHNA allocation. Working with City staff, identify specific parcels available for affordable housing projects, and determine whether their zoning is appropriate for the use. (Principal Planner: 6 hours/Associate Planner: 16 hours) ➢ Incorporate Southern California Association of Governments RHNA allocation for the City into Element text, and modify needs analysis for future housing based on the allocation. Coordinate RHNA allocation with City and establish strategies to help achieve allocation goals. (Principal Planner: 12 hours) ➢ Update goals, policies and programsto reflect current needs and address RHNA allocation. Recommend new programs as needed to incorporate new conditions raised by needs assessment. (Principal Planner: 4 hours/Associate Planner: 12 hours) ➢ Prepare screencheck draft Element for staff review and approval. Goals, policies and P rams ro will be updated to reflect current direction in the City, updated programs statistical data and public input at the workshops. Amend draft Housing Element as required, and submit to HCD for review. (Principal Planner: 16 hours/Associate Planner: 40 hours) ➢ Conduct third community workshop,_ presenting the draft Element to the oo � community, and reviewing the highlights of the policy direction with the public. t This may be held as a joint Planning Commission/.Ci-ty_CourtciL meeting, in order to familiarize these two bodies in the document and its process. (Principal Planner: 6 hours/Associate Planner 6 hours) ➢ Track HCD review process, and facilitate provision of any additional information or explanation of methodology, as required. The goal is to receive conditional Mr. Ryan Stendell September 6,2007 Page 7 of 8 approval of the Element by HCD prior to its submittal to the Planning Commission and City Council for their actions. (Principal Planner: 16 hours) ➢ Make changes required by HCD, after review and approval by City staff. We would assume two revisions to accommodate HCD comments. (Principal Planner: 12 hours) ➢ Prepare CEQA Initial Study Checklist (IS), Negative Declaration and public notice documentation. Provide to City for posting and advertising in Desert Sun. ` Coordinate with City planning staff to ensure consistency and conformance with C' City Rules to Implement CEQA. (Principal Planner: 8 hours/Associate Planner: 30 hours) ➢ Prepare, in cooperation with City staff, Planning Commission and City Council staff reports, in a format acceptable to the City. Working with City staff, make presentation and answer questions at one Planning Commission and one City Council hearing. Prepare any amendments made by City Council action, and submit to HCD for certification. (Principal Planner: 16 hours) Conclusion We believe that this proposal will meet the City's needs for an updated Housing Element which meets the requirements of law, and receives approval from the Department of Housing and Community Development. We believe that we have provided the City with high quality planning and environmental services in the past, and look forward to doing so again. I have also attached a Statement of Qualifications, which provides a broad overview of our firm's work, and a Fee Schedule, as requested. If you have any questions or require additional information, please feel free to contact me. I look forward to speaking with you further about our proposal. Sincer ly, �( r Nicole Sau ' t Crist Principal Mr. Ryan Stendell September 6,2007 Page 8 of 8 r � L J TERRA NOVA PLANNING & RESEARCH, INC. 400 S. FARRELL DR., SUITE B-205 PALM SPRINGS, CA 92262 STANDARD.FEE SCHEDULE 2007 Terra Nova invoices its clients on a cost-basis using an hourly billing system. The scope of each planning effort is typically broken down by task and assigned estimated necessary staff time and the applicable hourly rate. All payments for services rendered are to be made payable to Terra Nova Planning & Research, Inc. unless otherwise indicated. Clients are invoiced on a monthly basis, and invoices are due and payable upon receipt. A charge of 1.5% per month is added to all invoices over 30 'days past due. The current fee schedule is provided below: Terra Nova Staff Hourly Rate Principal Planner . $ 155.00 Senior Planner $ 135.00 . Associate Planner $ 110.00 Assistant Planner $ 95.00 Senior Biologist $ 135.00 Media Specialist $ 85.00 Computer Aided Drafting $ 55.00 Draftsman $ 40.00 Administrative Assistant $ 40.00 Secretarial Services $ 25.00 REIMBURSABLES Photo Copies $ 0.15 ea. Blueprints/Xerox $ 0.30/sq. ft. Computer Plotter . $15.00/Hr. Telephone Toll Charges Cost FAX Transmittals Cost Reproduction, Special photographic services, ' document printing, aerial photogrammetry, postage, etc. Cost +15%. �Akk Aft. +' 2. TERRA NOVA PLANNING & RESEARCH, INC. STATEMENT OF QUALIFICATIONS r � L --J Terra Nova Planning & Research, Inc. 400 South Farrell, Suite B-205 Palm Springs, CA 92262 (760) 320-9040 f Y Table of Contents Page 1.0 Introduction 1.1 Terra Nova Planning And Research, Inc. 3 a 1.2 Terra Nova Team 4 2.0 Environmental Management and Assessment 4 3.0 Planning Services 3.1 Market Feasibility/Fiscal Analysis 6 3.2 Planning Services 6 3.3 General and Comprehensive Plans 7 3.4 Public Participation Meetings and Workshops 7 3.5 Master Plans and Site Design 8 3.6 Land Use/Market Feasibility Analysis Services 8 3.7 Regulatory Services 9 3.8 Terra Nova Resources and Support Services 9 3.9 Terra Nova Key Personnel 10 4.0 Project Experience Environmental Analysis 15 Comprehensive Plans and Zoning Ordinances 22 Master Plans 26 Land Use/Economic/ Market Feasibility Studies 29 Other Projects 32 Terra Nova References 34 2 i Terra Nova Planning& Research,Inc. Statement Of Qualifications Hmco STATEMENT OF QUALIFICATIONS 1.0 Introduction 1.1 Terra Nova Planning and Research, Incorporated Terra Nova Planning and Research is a full service urban planning and environmental assessment firm. With a staff composed of professional urban and environmental planners, Terra Nova has prepared a wide variety of documents including General and Comprehensive Plans, Master Plans, Specific Plans, Environmental Assessments, Environmental Impact Reports (EIRs) and Environmental Impact Statements (EISs). Terra Nova has also been involved in numerous planning studies, community workshops, development feasibility analyses and resource assessments. The firm has focused on projects in Southern California, but has managed projects throughout the country, and in the last few years has expanded into the Pacific Northwest. Terra Nova enjoys a strong reputation for providing clients with professional services of high quality and scientific objectivity. The key to Terra Nova's success lies in its size. The firm is large enough to produce high quality products, yet small enough to provide personal service. The combination of urban and environmental planners on the staff assures the development of creative and effective design solutions, mitigation measures and alternatives in design and environmental assessments. Planning documents reflect environmental sensitivity and systematic integration of the built and natural environments. To provide personal service, project managers at Terra Nova are assigned to only a few projects at a time; this allows them to fully dedicate themselves to a project and to be accessible to their clients. Terra Nova particularly emphasizes input from the client and lead agency throughout project design and/or document preparation. Terra Nova recognizes that clients and public agency staff have valuable insight and should play an important part in the development and processing of environmental and planning documents they will later implement. 3 Terra Nova Planning& Research,Inc. Statement Of Qualifications 1.2 Terra Nova Team The essential element of effective project design and environmental planning is the development of a close-knit and dynamic inter-disciplinary team approach. Bringing together and applying the special skills and expertise of our designers, engineers, architects and environmental specialists as a highly coordinated team results in projects h rigorous review and optimize the balance of various development that pass through p P interests. The approach assures that developers, regulators and environmental interests are given due consideration, and are addressed in a creative and systematic manner. 2.0 Environmental Management and Assessment Terra Nova has prepared numerous EISs, mitigated determinations of non-significance, EIRs, mitigated negative declarations, and Environmental Assessments (EAs) in compliance with CEQA, SEPA and NEPA and on a wide variety of projects. The firm's experience is wide ranging and includes the preparation of EIS/EIRs for major stormwater and highway projects, Comprehensive and General Plans, Zoning Ordinances, large scale mixed-use resort development; also EAs for the Bureau of Land Management, Bureau of Reclamation, Bureau of Indian Affairs, the City of Anaheim, the Federal Highway Administration, the US Economic Development Administration and the US Department of Energy. In the preparation of environmental documents, Terra Nova emphasizes writing in language that the general public can understand. Since a major emphasis of CEQA, SEPA and NEPA is public involvement, Terra Nova is careful to describe issues from both a regional and site specific perspective. In this manner, the reader is better able to visualize the planning area and understand the context in which the project may be developed. Concepts that may be unfamiliar to the general public, such as Level of Service (LOS) criteria, wetlands and 100 year flood zones are defined so that the basis of the analysis can be better understood. The liberal use of graphics throughout documents, including aerial photographs and viewshed renderings, also help to make the material more accessible. As a planning firm, Terra Nova is particularly specialized to address certain P b environmental assessment issues, including land use feasibility and compatibility, natural resources integration, visual impacts, housing impacts and air quality impacts. When addressing land use compatibility, Terra Nova evaluates consistency with regulatory planning documents and zoning designations, land use policies of the city and county, and future developments both on site and in the surrounding area. Compatibility conflicts are identified and mitigation measures are specified; with the input of our planners, �I a 1. Terra Nova Planning& Research,Inc. Statement OF Qualifications mitigation measures tend to be more thorough and creative, working to convert constraints into opportunities and liabilities into assets. Terra Nova has worked extensively with the regulations and requirements of the Clean Air Act, as well as the California and federal Endangered Species Acts. Our staff have been involved in a variety of associated permitting processes, including the securing of 404 permits from the Corps of Engineers and the California regional Water Quality Control Board. We have also successfully coordinated Section 7 conferences and consultations with the US Fish and Wildlife Service and carried out equivalent negotiations with the California department of Fish and Game and the Washington State Department of Ecology. Air quality impact assessments often include pollutant emission inventories, analysis of historical air quality and meteorological data, and the application of dispersion models to estimate air quality effects of emission sources. The firm uses computer models to quantify potential air quality impacts from the implementation of planning documents or the construction of specific projects. Cumulative contributions in non-attainment areas are also addressed. The Developer's Manual for the Preparation of Project-Specific Local Air Ouality Manaeement Plans, prepared by Terra Nova for the City of Rancho Mirage, received recognition from the American Planning Association (APA). Lastly, Terra Nova has a proven track record for bringing together the top professionals in specialized fields to contribute their technical expertise to environmental documents. Terra Nova consults with a select group of specialists on a regular basis. This practice has led to strong long-term working relationships and a clear understanding on the part of the sub-consultants of what level of detail is necessary for environmental documents. Terra Nova managers coordinate and closely manage our consultants throughout document preparation, and we are alerted well in advance of the presence of significant environmental constraints. This enables Terra Nova and our consultants to work together on the development of effective, comprehensive and realistic mitigation measures. Terra Nova has extensive experience in environmental assessment and planning. Capabilities include land use surveys, natural resource assessments and inventories, socio-economic and other demographic profiles, housing trends and supply assessments, market feasibility studies, facilities planning, and socio-economic and other data. 5 r � Terra Nova Planning& Research,Inc. Statement Of Qualifications 3.0 Planning Services 3.1 Market Feasibility/Fiscal Analysis Terra Nova staff have incorporated market feasibility and fiscal analysis into most projects, providing both stand-alone studies and those which are an integral part of master plans and environmental documents. Our staff have extensive experience in real estate and general market research and analysis. We have also conducted a wide range of fiscal impact analyses for the public and private sector on a wide range of projects, including public works projects, mixed use master-planned communities, shopping centers, municipal and private golf courses and various commercial and industrial developments. We have also prepared numerous cost/revenue analyses for federal, state, county and local agencies in conjunction with other analyses, utilizing widely accepted methodologies. Our experience in market and fiscal analysis has helped direct the design process and enhanced community acceptance of projects. 3.2 Planning Services In addition to its market and fiscal assessment capabilities, Terra Nova also provides a wide range of land planning services. In the preparation of planning documents, Terra Nova's emphasis is on accommodating environmental constraints and opportunities through planning and project design. By including the environment as an integral part of a project, as well as regional and city planning, sound policies and land use plans can be developed which protect the environment and historic character of the planning area. This approach maximizes the development potential of the site or area and can turn constraints into opportunities Similarly, by making an effort to protect environmental resources at the outset, master planning can be designed in a manner which avoids the necessity of later mitigating project impacts through the EIR/EIS. The environmental review process plays an important role in controlling the planning process. However, designing communities and projects in an environmentally sensitive manner is a more effective and progressive way of achieving the same goals of creative planning and resource protection. Terra Nova has had a wide range of planning experience and has served as planning consultant for a broad cross-section of public and private sector clients, including the Federal Highway Administration, US Department of Energy, Bureau of Land Management, Counties of Riverside and Imperial, as well as the cities of Poulsbo, Anaheim, Palm Springs, Rancho Mirage and San Bernardino. We have also provided comprehensive planning services to several Native American Tribes. 6 Terra Nova Planning& Research, Inc. Statement Of Qualifications 3.3 General and Comprehensive Plans Terra Nova has prepared General/Comprehensive Plans for both rural and urban areas. Our staff has developed a clear understanding of the requirements of community planning and growth management, and can incorporate the mandates of law while preserving a community's character and goals for the future. Issues that have been of particular importance in past projects have included the protection of prime agricultural lands and environmentally sensitive areas, addressing airport planning issues, and accommodating major utility corridors as well as interstate highways and railroad systems. The Terra Nova team has prepared comprehensive 20 year plans, which include mandated elements, as well as those particularly relevant to the needs of each community. Innovative plan design and the generous use of graphics and mapping provide a clear and easy-to-use resource for guiding community development. Terra Nova's approach to the development of General and Comprehensive Plans is based upon the recognition that the implementation of the Plan will be the responsibility of the local public planning department. Our approach includes the active involvement of the staff and the community. A General or Comprehensive Plan prepared in a vacuum cannot adequately address the needs and concerns of the community. Therefore, during the development of a General or Comprehensive Plan, Terra Nova seeks to provide technical guidance and assistance to the planning department, acting as an extension of staff, while maximizing local participation and building local understanding and support. We have also provided staffing of planning departments and are intimately familiar with the issues of General/Comprehensive Plan and Zoning Code implementation. Terra Nova researches and pinpoints current problems and seeks to solve them through the implementation of the Plan, while working towards the city's vision of itself. Terra Nova places a major emphasis on producing high quality, professional documents, which assure consistency from the introduction through to the last element. 3.4 Public Participation Meetings and Workshops An important tool, which Terra Nova applies in its involvement of both environmental and planning services, is the organization and management of public meetings and workshops. Typical of this capability was the extensive public meetings or scoping sessions, held during preparation of the General/Comprehensive Plan for the Cities of Poulsbo and Rancho Mirage. By holding meetings and explaining a project to the general public in layman's terms, potential fears can be addressed early and adversarial positions can be diffused before the project reaches the hearing and approval stages. Terra Nova Planning& Research, Inc. Statement Of Qualifications Terra Nova's public meetings and workshops are conducted in an informal manner that encourages public participation and enhances consensus development. Large-scale graphics are prepared to assist in the presentation of the issues at hand. Meetings may take the form of a staff presentation followed by a question and answer period, or an informal roundtable exchange of ideas and discussion of alternatives, and careful recordation of same. The firm has also prepared award-winning videos for distribution to local clubs and service organizations to explain the planning process to the general community outside the public hearing. 3.5 Master Plans and Site Design Terra Nova's planning capabilities also encompass the preparation of master plans and project specific site design. The firm has worked on projects of all sizes, from the development of plans for 640 acre mixed use resort projects, to the expansion of condominium projects and the creation of new towns. Site design projects have also included regional commercial projects and the smaller "neighborhood scale" commercial development. Terra Nova has also designed major innovations in senior community life care facilities, and has extensive experience in the development of medical campus and institutional facilities. These efforts include planning of psychiatric and rehabilitation hospitals in Washington, California and other parts of the United States. Most recently, Terra Nova completed site and environmental planning for research facilities of the Institute of Critical Care Medicine. Terra Nova prepares detailed and comprehensive master plans if] accordance with the requirements of the local jurisdiction, which include existing and proposed land uses, project density, siting of structures, architectural and design guidelines, recreational facilities design guidelines, traffic and circulation plans, master capital facilities plans, parking standards and lot design guidelines, landscape concepts and design guidelines, project phasing plans, and limitations to development. The firm's architecture and industrial designers prepare high impact, quality colored renderings of planned developments to accompany the text and other supporting graphics. 3.6 Land Use/Market Feasibility Analysis Services Land use, development and market feasibility analysis has been at the heart of Terra Nova services since the company's inception. Disciplines applied to these analyses include land carrying capacity, infrastructure availability and cost, regulatory constraints and opportunities, demographic trends and projections, sector specific market analysis, and market conditions, trend analysis and projections. The company has applied these approaches to a wide range of economic development projects, ranging from commercial and industrial park development, to community-wide economic development strategies. S Terra Nova Planning& Research,Inc. Statement Of Qualifications The company's experience is project-specific economic and market analysis is extensive. Since 1984, we have encouraged private sector clients to integrate land use and market analysis into the design and development of residential, commercial and industrial projects. These documents have enhanced project planning and phasing, and helped to facilitate financing of projects. Terra Nova has also completed a wide variety of fiscal impact analyses in association with securing project approvals and land annexations. These studies comply with local, county and state requirements for fiscal impact analysis. Our experience in broad-based market and economic analysis include the development of detailed community economic profiles, assessments of land use patterns and their impact on local economic conditions, including per capita and household income, and employment development. Terra Nova has prepared more than a dozen Economic development Elements for General and Comprehensive Plans. We have also prepared economic analysis integral to community Redevelopment Agency plans and strategies. Community economic profiles and economic development strategies have become an important part of the suite of services provided by Terra Nova. In addition to providing a economic and market clear context within which communities compete, these studies and strategies provide a map for future economic growth. Detailed assessments of constraints and opportunities, and the identification of comparative advantages in the market place have helped put communities on an optimum track for economic growth. 3.7 Regulatory Services Terra Nova has assisted several jurisdictions in the development of planning regulations and ordinances. Planning issues which the firm has addressed have included energy conservation, resource protection, and land use and zoning regulation. As mentioned above, we have also provided contract staffing for several cities, and have served as the tribal planners for the Cabazon Band of Mission Indians. 3.8 Terra Nova Resources and Support Services Terra Nova has a full range of staffing and technical capabilities in-house, which serve to provide our clients with comprehensive planning and environmental services. In addition to planning and environmental professionals, Terra Nova employs talented designers. We also have in-house design and drafting staff supported by reprographic, stenographic, graphic design, computer database, and CAD and word processing capabilities. Terra Nova has an extensive economic and demographic database developed over the past twenty years. We also have extensive map and aerial photographic resources, and one of the most comprehensive libraries of local, county, state and federal technical resources, many of 9 � r Terra Nova Planning& Research,Inc. Statement Of Qualifications which have been integrated into our computerized database. Modern and computer- networked offices and conferencing facilities in California and Washington provide our staff with powerful tools without overpowering overhead. 3.9 Terra Nova Key Personnel The following are resumes of design and environmental principals at Terra Nova . 10 i Terra Nova Planning& Research,Inc. Statement OF Qualifications JOHN D. CRISTE, AICP Principal Planner Mr. Criste has more than twenty years experience in land use, urban and regional planning, energy development management and impact analysis, environmental assessment and impact analysis, land use feasibility and market analysis. He also has extensive experience in public policy planning regarding land use and environmental issues on county, state and federal levels. On numerous occasions he has served as a guest speaker at U.S. Department of Energy conferences on the environmental and socio- economic impacts of decentralized power generation systems. His experience covers all aspects of the California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA) and public documents required by same. Since founding Terra Nova, Mr. Criste has provided environmental analysis on such projects as: EIRs on 1,500 room hotel project, 2,200 acre Rancho Royale Specific Plan; CEQA/NEPA EIR/EIS for the 17 mile Mid-Valley Stormwater Channel; Ecosystem Management Plan and NEPA EA for the 17,000 acre Dos Palmas ACEC. Other projects have include an EIR for a 15 MWe windpark development in the San Gorgonio Pass, an 8,700 acre annexation EIR, a commercial Specific Plan and environmental impact report on a 120 acre commercial/resort complex, and a 60 acre retirement village. Most recently, Mr. Criste was the principal planner in charge of the preparation of the Coachella Valley Multiple Species Habitat Conservation Plan EIR/EIS. Mr. Criste has conducted land planning and design, land use and market feasibility analysis, and environmental analysis activities for seventeen years. Additional experience has included planning and environmental analysis of utility scale energy projects, implementation of regional water and air quality control programs, and development of state-wide energy conserving building codes in the Pennsylvania Governor's Office. As an Associate Planner for Riverside County, California, Mr. Criste's responsibilities included such projects as the San Gorgonio Wind Resource Study team (EIR/EIS#158), and the processing of the first windpark development permits in the San Gorgonio Pass. He was project planner for the 2,000 acre Tesoro Resort Development Specific Plan, and also served as County Representative to the Coachella Valley Association of Governments (CVAG) Technical Planning Committee. He served as Chairman of the Pennsylvania Governor's Energy Curriculum Task Force. Most recently, Mr. Criste has served as an expert witness in land use and environmental planning suits in state and federal courts. Mr. Criste holds a Bachelor of Arts degree in Architectural History from Pennsylvania State University. He has been certified by the American Institute of Certified Planners (AICP, #6672). He is also a member of the American Planning Association (APA), the Association of Environmental Professionals (AEP), the American Farmland Trust, an Associate Member of the Institute of Transportation Engineers and is an Associate Member of the Urban Land Institute and the steering committee of the ULI Desert District. Terra Nova Planning& Research,Inc. Statement Of Qualifications NICOLE SAUVIAT CRISTE Principal Planner Ms. Criste has conducted extensive land use analysis, development design, market research analysis and marketing strategy development since 1981. Her land use/market feasibility experience has included the analysis and application of demographic research to determine real estate and development trends, focused marketing campaigns, and to gauge project feasibility. With Terra Nova since 1985, Ms. Criste has researched and assisted in the preparation of environmental assessments for the U.S. Bureau of Indian Affairs, Federal Highway Administration, Farmer's Home Administration and the Economic Development Administration. She has also participated in the development of numerous environmental documents and land use feasibility studies. Ms. Criste also works extensively in current planning, assisting the cities of La Quinta, Banning, San Bernardino, and Yucca Valley in the processing of applications ranging from Specific Plans to Use Permits. Her experience in this area ranges from the staffing of planning department to individual case work and preparation of Initial Studies and Mitigation Monitoring Programs. Most recently, Ms. Criste has been responsible for the development of the Banning and La Quinta General Plans and Environmental Impact Reports. Ms. Criste was also principal in charge in the development and implementation of a Comprehensive Plan, award-winning Zoning Ordinance, and Environmental Impact Statement for the City of Poulsbo, Washington. While employed with two Palm Springs-based marketing and advertising firms, Ms. Criste worked primarily with real estate development, planning and implementing marketing strategies for commercial, residential, and resort/ recreational projects. Ms. Criste also has extensive experience working with medical and publishing clients in developing expansion plans. Studies have been initiated to determine the feasibility of the planned use have expanded to include the consumer market and comparative data from the western states to establish feasibility for expansion. She has worked extensively with demographic data bases in developing customized reports for the company's broad range of clients. Ms. Criste is a graduate of Scripps College with a Bachelor of Arts degree in European Studies. 12 1 Terra Nova Planning& Research,Inc. Statement Of Qualifications MICHAEL F. MOKRAY Senior Planner Mr. Mokray graduated in 1999 from Florida State University with an M.S.P. in Urban and Regional Planning. The program emphasized a multi-disciplinary approach involving the balance between environmental issues and development needs. His thesis focused on the interactions of development and water quality. In 1995 he graduated from the University of New Orleans with a B.G.S. in Environmental Planning. His undergraduate study focussed on a variety of research projects, including urban land use patterns related to habitat loss and avian migration patterns, statistical analysis of urban land use patterns, redevelopment, GIS, and biogeography. Prior to joining Terra Nova, Mr. Mokray served as a Planning Project Manager for Dudek & Associates in Palm Desert. He was responsible for the preparation of land use documentation including Environmental Studies, General Plan and Zoning Analyses, and Specific Plans. He also worked with cities and utilities in preparing Initial Studies and Mitigated Negative Declarations. He gained technical and management skills along with knowledge of CEQA through the successful completion of numerous complex projects, including San Bernardino Lakes & Streams Redevelopment Project; Vista Wastewater Master Plan Program Environmental Impact Report; Vista Santa Rosa Community Land Use Plan; Eastern Municipal Water District Environmental Assessment Mitigated Negative Declaration; Spotlight 29 Extraterritorial Services Agreement Environmental Assessment; Coachella Well Site & Reservoir Environmental Assessment; Palm Springs Aerial Tramway Mitigated Negative Declaration; and the La Quinta Professional Plaza Specific Plan. During graduate school, Mr. Mokray was a Hydrologic Technician with the USGS Water Resources Division in Tallahassee, Florida. He was responsible for a variety of water resource projects, including water use projections and water quality and quantity assessment. He worked closely with local, state, and regional governments, and designed and programmed multiple spreadsheet applications used to project and analyze water use and water quality data. He also analyzed land use impacts utilizing GIS and historical data in relation to water quality impacts, sensitive habitat, and recommendations for mitigation. He worked with the general public and scientific experts across the environmental field on the following published projects: Future Water Use Projections for the Northwest Florida Water Management District; 1995 Estimated Use of Water in the United States; and Nitrate Contamination in the Suwannee River Basin. Since joining Terra Nova, Mr. Mokray has proven himself to be a valuable and productive team member. He has been key in the preparation and processing of the Canyon Park Specific Plan and the CVWD/Shea Homes Tank Site Feasibility Analysis. Additionally, he is responsible for the Cathton Villages Specific Plan and the Desert Cove Golf Course EIR/EIS. 13 Terra Nova Planning& Research,Inc. Statement Of Qualifications LAU RA ALSTADT Associate Planner Since joining Terra Nova in 1999, Ms. Alstadt has been involved in a broad range of land use and environmental planning efforts, including preparation of General Plan elements and a variety of environmental documents. Her General Plan experience includes major research and authoring associated with the Cathedral City and Palm Desert General Plans, including Open Space and Conservation, Parks and Recreations, Public Facilities, Schools and Libraries, Scenic Highways and other elements. She also has responsibilities for related portions of the General Plan EIR. Ms. Alstadt also plays a major role in the preparation of EIRs for the 700,000 Desert Gateway commercial project and the 703 acre Crest golf club resort project both located in the City of Palm Desert. Most recently, Ms Alstadt has played a major role in the preparation of the Environmental Impact Report for the Cathedral City General Plan, and has coordinated mapping and exhibit preparation for this project. Ms. Alstadt has also contributed to the preparation of fiscal impact analyses for the Crest golf course annexation, and the Paradise Valley project, which involves the planning of a new town east of the City of Indio, on approximately 6,400 acres. Issues of particular importance in this project have involved land exchanges with the Bureau of Land Management, the balance of commercial and residential land uses, and the development of over 1,500 hotel rooms. 14 I _ _ l Terra Nova Planning& Research, Inc. Statement Of Qualifications 4.0 Project Experience Terra Nova staff have been involved in a broad range of studies ranging from project specific environmental assessments and environmental impact reports, to broad-based Comprehensive Plans, Master Plans, resource planning and other master planning efforts. A list of projects is provided below. Environmental Analysis Crest Golf Club & Residential Village EIR & COE 404 Permit Terra Nova prepared the Draft and Final Environmental Impact Report for the 703± acre Crest project located in Palm desert. Issues included development in critical bighorn sheep habitat and desert washes, bridging CVWD channel, securing 404 permit from the US Army Corps of Engineers and 1603 Streambed Alteration Agreement from the California Department of Fish and Game. Environmental issues also included traffic impacts to SR 74, visual impacts and geotechnical issues. Client: Ted Lennon/Destination Development Corp., 74-001 Reserve Drive, Indian Wells, CA 92210 (760)779-1646 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (Palm Desert). Managed all administrative tasks, including NOP, NOD, Draft and Final EIR, 404 Permit, 1603 Streambed Alteration Agreement. Project Manager/Team: John D. Criste-Manager.; Biology-AMEC Earth & Environmental, Cultural-CRM Tech; Geotechnical-Earth Systems; Engineering-The Keith Companies; Air Quality-Terra Nova. Ritz-Carlton Golf Course Supplemental EIR & Permitting Terra Nova prepared the Draft and Final Supplemental Environmental Impact Report (SEIR) on the 163±acre Ritz-Carlton Resort Golf Course project for the Cities of Rancho Mirage and Cathedral City. Major issues were associated biological resources (peninsular bighorn sheep, microphyll woodland, etc.), cultural resources, flooding and hydrology, access, water quality and visual resources. SEIR certified by both cities and full permitting completed. Client: Olympus Partners, 630 Fifth Avenue, 24th Floor, The International Building @ Rockefeller Center, New York City, NY 10111 (212) 698-8800 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (Rancho Mirage). Managed all administrative tasks, including NOP, NOD, Draft and Final SEIR, Section 1603 Streambed Alteration Agreement and other permits. Project Manager/Team: John D. Criste-Manager.; Biology-AMEC Earth & Environmental, Cultural-CRM Tech; Geotechni cal-Earth Systems; Engineering The Keith Companies; Air Quality-Terra Nova. 15 I Terra Nova Planning& Research,Inc. Statement Of Qualifications Mirada @ Rancho Mirage SEIR & Permitting Terra Nova prepared the Draft and Final Subsequent Environmental Impact Report (SEIR) on the 156t acre mixed use master plan for the Mirada Development in rancho Mirage. Major issues were associated biological resources (peninsular bighorn sheep, microphyll woodland, etc.), cultural resources, flooding and hydrology, access, water quality and visual resources. SEIR certified by both cities and full permitting completed. Client: MCO Properties, Inc., 5847 San Filipe, Suite 2600, Houston, TX 77057 (713) 267-3624 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (Rancho Mirage). Managed all administrative tasks, including NOP, NOD, Draft and Final SEIR, Section 1603 Streambed Alteration Agreement and other permits. Project Manager/Team: John D. Criste-Manager.; Biology-AMEC Earth & Environmental, Cultural-CRM Tech; Geotechnical-Earth Systems; Engineering-The Keith Companies; Air Quality-Terra Nova. Cathedral City Downtown Precise Plan EIR Terra Nova prepared the Draft and Final Environmental Impact Report (EIR) for the proposed Downtown Precise Plan for Cathedral City's redevelopment project area. Major issues of concern included traffic and circulation, water resources, and flooding and hydrology. The document was processed by the City as part of its adoption of the Precise Plan. Client: City of Cathedral City, Art: Cynthia Kinser, City Planner, 68-700 Avenida Lalo Guerrero, Cathedral City, CA. (760) 770-0340 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency. Managed all administrative tasks, including NOP, NOD, Draft and Final EIR distribution. Project Manager/Team: Nicole Sauviat Criste-Manager.; Traffic: Endo Engineering; Air Quality-Terra Nova. CEQA & NEPA Compliant EIR/EIS for the Coachella Valley Multiple Species Habitat Conservation Plan Terra Nova was retained by the Coachella Valley Association of Governments (CVAG) to prepare a CEQA and NEPA compliant EIR/EIS for the 1.25 million acre Multiple Species habitat Conservation Plan (MSHCP) and Natural Communities Conservation Plan (NCCP). In addition to addressing the full range of potential project impacts on the member jurisdictions of CVAG (nine incorporated cities and Riverside County), the EIR/EIS also addresses the US Bureau of Land Management's amendment to the California desert Conservation Area Plan, as well as future projects of local water districts. The EIR/EIS evaluates the full range of environmental issues, including land use, transportation, water resources, air quality, recreation and public facilities. Extensive consultations with involved jurisdictions and agencies also conducted. Client: Coachella Valley Association of Governments, Att.: James Sullivan, 73-710 Fred Waring Drive, Suite 200, Palm Desert, CA 92260. (760) 340-1127 16 Terra Nova Planning& Research,Inc. Statement Of Qualifications Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City). Manage many administrative tasks, including NOP, NOI, NOD, DEIR/EIS & FEIR/EIS. Prepare draft staff report materials for CVAG. Project Manager/Team: John D. Criste-Manager, Nicole Criste-Associate Planner; Lawrence LaPre, Ph.D.-Biology; Aerial Information Systems-GIS; URS Grainer Woodward Clyde-Hydrology/Sand Transport, Economics-Economic research Associates; Circulation-Urban Crossroads; Air Quality-Terra Nova. Cal-State San Bernardino/Coachella Valley Campus Environmental Impact Report Terra Nova completed and the City of Palm Desert Certified this EIR in 1999. The document assessed the impacts associated with the development of a 200± acre campus master planned project planned for development in the northern portion of the City. The project involves the development of approximately 3 million square feet of classrooms, libraries, administration and other building, as well as athletic facilities and student housing. Major issues associated with the project included traffic impacts, biological resource impacts, air quality and visual resource impacts. Client: City of Palm Desert, Att: Philip Drell, 73-510 Fred Waring Drive, Palm Desert, CA 92260 (760) 346-0611 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City). Managed many administrative tasks, including NOP, NOD, DEIR & FEIR. Prepared draft staff report materials for City. Project Manager/Team: John D. Criste-Manager, Nicole Criste-Associate Planner; Circle Mountain Biological Consultants, Cultural-CRM Tech; Hydrology Engineering- Fomotor Engineering; Circulation-RKJK & Associates; Geotechni cal-Earth Systems Consultants, Air Quality-Terra Nova. New Mesa Campus EIR for the Palo Verde Community College District Terra Nova prepared a comprehensive environmental impact report on the new master plan for the 200 acre campus of the Palo Verde Community College District to be developed on a mesa overlooking the Palo Verde Valley and the Colorado River. The EIR evaluated a full range of issues, including traffic and circulation, biological and cultural resources, hydrology and associated Corps of Engineers concerns, as well as water quality issues. Terra Nova served as an extension of staff for the District and managed all administrative processing. Client: Palo Verde Community College District, Att. Dr. Donald Averill, 811 West Chanslorway, Blythe, CA 92225 (760) 922-6168 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (District). Managed many administrative tasks, including NOP, NOD, DEIR & FEIR. Project Manager/Team: Nicole Criste-Principal/Project Manager; Hydrology/Surface Water Management-Spencer-Hoskins; Traffic/Circulation-Paul Singer, P.E. & Associates,; Biological resources-Tierra Madre Consultants, Inc.; Cultural Resources- CRM TECH, Air Quality Analysis-Terra Nova 17 Terra Nova Planning& Research, Inc. Statement Of Qualifications City of Anaheim: Katella Boulevard Corridor Environmental Assessments Terra Nova prepared three (3) Environmental Assessment for three major intersections on Katella Boulevard, including those serving Disneyland and its recently approved expansion. This project was conducted under the direction of the Director of Traffic Engineering and included the designing of critical and supercritical intersections to accommodate anticipated heavy traffic from increased background and Disneyland traffic. Adopted by the City separately, the EAs were ultimately integrated into a larger EIR performed on the Disneyland expansion. Major issues included land use compatibility and relocation of businesses, impacts on existing and planned infrastructure, traffic generation and architectural resources. Client: City of Anaheim, John A. Lower, Dir., Department of Traffic Engineering. 200 S. Anaheim Boulevard, Anaheim, CA 92505 (714) 535-4047 Terra Nova Responsibility: Prime contractor. Terra Nova staff conducted all research and analysis tasks, including air quality analysis. Drafted transmittal and final EAs Project Manager/Team: John D. Criste-Manager, Nicole Criste-Associate Planner. Olhava Master Plan Environmental Impact Statement This Environmental Impact Statement (EIS) was prepared on a 215t acre master planned mixed use project, which includes an 850,000 square foot regional shopping center, 300,000 square foot business park, campus of Olympic College and 420 residential units. The development is located at the intersection of two major highways in Kitsap County, Washington. Major issues of concern include traffic and circulation, land use compatibility, biological resources, fiscal impacts and impacts to public services and facilities. Client: City of Poulsbo, Att: Glen Gross, 19050 Jensen Way/P.O. Box 98, Poulsbo, WA 98370 (206) 779-3006 Terra Nova Responsibility: Prime contractor, managing subconsultants and coordinating with lead agency (City). Drafted draft and final documents and represented same at numerous public scoping sessions and hearings. Project Manager/Team: Nicole Criste-Principal/Project Manager; Hydrology/Surface Water Management-American Engineering Corp; Traffic/Circulation-Gibson Traffic Consultants; Biological resource s-Wilterwood Associates and Jones & Stokes Associates; Geotechnical-Harza Northwest; Fiscal Impact Analysis-Terra Nova; Air Quality Analysis-Terra Nova. Cornerstone Specific Plan Environmental Impact Report Terra Nova completed an EIR on this 515 acre Specific Plan, which provides for 2,200 homes, 710 hotel rooms in three hotels, 30 acres of commercial, senior housing, 90 acres of open space preserve and an 18-hole championship golf course. Major issues included hydrology/flood control, internal and off-site circulation, faulting and other geotechnical hazards, threatened and endangered species and land use compatibility. Since then Terra Nova has reviewed and amended project development architectural and landscape architectural guidelines, and processed master tentative tract map. Client: City of Desert Hot Springs, Att: Joe Guzzetta, 65-950 Pierson Boulevard, Desert Hot Springs, CA 92240 (760) 329-6411 18 Terra Nova Planning& Research,Inc. Statement Of Qualifications Terra Nova Responsibility: Prime contractor providing environmental assessment services, management of all subcontractors, processing all applications and administrative tasks, including Specific Plan, NOP, DEIR/FEIR, etc. Project Manager/Team: John D. Criste, Manager/Principal-in-Charge; Nicole Criste, Project Planner/Market Analysis; Kimberly Davy, Associated Planner. Biologist, Tierra Madre Consultants; Archaeology, University of California-Riverside; Engineering, PACE Engineering. Intercal Resort Hotel and Convention Center Environmental Impact Report This environmental impact report was prepared for the City of Palm Springs on a 1,500 room hotel and timeshare complex planned around an existing 18-hole golf course. This is the largest project of its kind in the Coachella Valley. Issues of concern included traffic impacts, flooding from the Whitewater River, noise impacts and impacts to endangered biological resources and a habitat preserve in the vicinity. Client: Intercal Equities, Inc., 11545 West Bernardo Court, Ste 211, San Diego, CA 92127 (760)487-9233 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City of Palm Springs) and design engineer (Hacker). Managed all research and analysis tasks. Prepared draft and Final EIR. Project presentation. Project Manager/Team: John D. Criste-Manager.; Biology-Cornett Associates, Cultural- ARU at UC Riverside; Engineering-Hacker Engineering; Traffic-ASL Engineers; Noise-Walker & Celano; Air Quality-Terra Nova; Viewshed-Terra Nova; Geotechnical-Leighton Associates NEPA Environmental Review Services/State Highway 86 Re-alignment During our tenure as Tribal Planner for the Cabazon Band of Mission Indians, Terra Nova provided on-going review and comment to the California Department of Transportation on the proposed new alignment for State Highway 86, between its current juncture with Interstate-10 and to the community of Mecca. Staff reviewed land use compatibility and access issues, interchange locations, bridging, and a broad range of environmental issues including potential impacts on archaeological resources. Client: CalTrans-Dist 11, Att. James Cheshire, 2829 Juan Street, San Diego, CA 92110 (619) 237-6778 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City). Managed many administrative tasks. Drafted transmittal and final EA Project Manager/Team: John D. Criste-Manager, Nicole Criste-Associate Planner; Biology-Tierra Madre Consultants, Cultural-Imperial Valley College; Engineering-Holt Group; Noise & Walker &Celano; Air Quality-Terra Nova. Thousand Palms Flood Control Project Terra Nova prepared a master environmental assessment and land use compatibility analysis over a project area of approximately 80 square miles. Staff provided coordination between the Coachella Valley Water District (lead agency) and the U.S. Fish & Wildlife Service, California Department of Fish & Game and the Nature 19 Terra Nova Planning& Research, Inc. Statement Of Qualifications Conservancy. Major issues included impacts on the Coachella Valley Fringe-toed Lizard Preserve and the associated HCP and 10-A permit. Other species of concern included the desert kit fox, desert tortoise and the flat-tailed horned lizard. The project will affect the extent and intensity of future urban development within the subject drainage area. Client: Coachella Valley Water District, Att: Dale Bohnenberger, Dept Chief Engineer, Avenue 52 and Highway 111, Coachella, CA 92236 (760) 398-2651 Terra Nova Responsibility: Prime contractor. No subcontracting. Project Manager/Team: John D. Criste-Manager, Nicole Criste-Associate Planner; Engineering-Bechtel San Francisco; Air Quality-Terra Nova. NEPA Environmental Assessment/General Plan and Zoning Ordinance Terra Nova prepared an Environmental Assessment in accordance with the requirements of the National Environmental Policy Act (NEPA) for the Bureau of Indian Affairs, U.S. Department of the Interior, in conjunction with the preparation of a Comprehensive General Plan and Zoning Ordinance for the 1,500 acre Cabazon Band of Mission Indians. Client: Cabazon Band of Mission Indians, Att: J.P. Nichols, 84245 Indio Springs Dr., Indio, CA 92201 (760) 347-3112 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (Tribe). Drafted General Plan, Zoning Ordinance and EA. Project presentation. Project Manager/Team: John D. Criste-Manager, Nicole Criste-Associate Planner; Biology-Tierra Madre Consultants, Cultural-ARU at UC Riverside; Engineering-Holt Group; Noise-Walker & Celano; Circulation-Circulation Systems Associates; Geotechnical-Lei ghton Associates, Air Quality-Terra Nova. Mid-Valley Stormwater Channel Environmental Impact Report Terra Nova completed an Environmental Impact Report for the Coachella Valley Water District on the proposed development of the Mid-Valley Stormwater Channel, planned for construction adjacent to major transportation corridors and passing through sensitive land uses. The proposed channel route encompasses a total length of more than 17 miles and serves a tributary area of more than 10,800 acres. Major issues addressed in the EIR included potential impacts on roads and highways, major rail lines, land use compatibility for lands occurring within five separate jurisdictions, biological and cultural resources, air and water quality, public facilities and socio-economic resources. Client: Coachella Valley Water District, Att: Robert Meleg, Highway II I & Ave 52, P.O. Box 1058, Coachella, CA 92236 (760) 398-2651 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (CVWD) and design engineer (Bechtel). Managed all administrative tasks, including NOP, NOD, DEIR& FEIR. Project presentation. Project Manager/Team: John D. Criste-Manager.; Biology-Tierra Madre Consultants, Cultural-ARU at UC Riverside; Engineering-Holt Group; Air Quality-Terra Nova. Dike No. 4 Groundwater Recharge Pilot Facility NEPA & CEQA EAs Terra Nova P two independent CEQA and NEPA-complian t environmental prepared assessments on the construction of groundwater recharge pilot facilities on 2.5 acre and 20± acre sites located immediately adjacent to Avenue 62 (extended) and immediately 20 Terra Nova Planning& Research,Inc. Statement Of Qualifications west of the US Bureau of Reclamation Dike No. 4, in the La Quinta Area of Riverside County. Issues analysed in these EAs included land use compatibility and potential impacts to biological and cultural resources. The goal of the project was to determine the viability and feasibility of recharging a portion of the Lower Thermal Subarea of the Whitewater groundwater basin. Client: Coachella Valley Water District, Att: John Corella, Highway 1 I & Ave 52, P.O. Box 1058, Coachella, CA 92236 (760) 398-2651 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (CVWD) and BOR. Managed all administrative tasks. Project Manager/Team: John D. Criste-Manager.; Biological - Circle Mountain Biological Consultants, Cultural - CRM Tech. Pacific Golf Resorts/Rancho Portola Environmental Impact Report Terra Nova completed and the City of Palm Desert Certified this EIR in 1991. The document assessed the impacts associated with the development of a 420± acre master planned mixed use community planned for development in the northern portion of the City. The project included nearly 700 homes, a 250 room resort hotel, a championship golf course and clubhouse. Major issues associated with the project included traffic impacts, biological resource impacts, air quality and visual resource impacts. Client: City of Palm Desert, Att: Philip Drell, 73-510 Fred Waring Drive, Palm Desert, CA 92260 (760) 346-0611 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City). Managed many administrative tasks, including NOP, NOD, DEIR & FEIR. Co-chaired citizen's advisory committee. Drafted General Plan and EIR. Project presentation. Project Manager/Team: John D. Criste-Manager, Nicole Criste-Associate Planner; Biology-Tierra Madre Consultants, Cultural-ARU at UC Riverside; Engineering-Holt Group; Noise-Walker & Celano; Circulation-Circulation Systems Associates; Geotechnical-Leighton Associates, Air Quality-Terra Nova. NEPA EA for Water Treatment Plant Terra Nova prepared a broad-based environmental assessment on the planned construction of a new domestic water treatment plant to be developed in the City of Holtville, California. The EA included a thorough discussion of regional and city-specific water resources and the demands for Colorado River water and treatment requirements. Groundwater conditions and surface runoff, including the New and Alamo Rivers. Client: City of Holtville, Att: Denis Halloway, Fourth & Pine Streets, Holtville, CA 92250 (760) 348-2246 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City). Managed many administrative tasks. Project Manager/Team: John D. Criste-Manager., Nicole Criste-Associate Planner; Biology-Tierra Madre Consultants, Cultural- Imperial Valley College Museum; Engineering-Holt Group; Noise & Walker-Celano; Geotechnical-Lei ghton Associates. 21 l _- Terra Nova Planning& Research, Inc. Statement Of Qualifications Sewage Treatment Facilities Environmental Assessment Performed assessment of existing sewage treatment facilities and impacts of facilities and project expansion for the City of Blythe. Study performed in conjunction with the City Engineer and focused on sensitive wildlife species and compliance with the Federal Clean Water Act. Also assessed land use, air quality and other analyses. Prepared draft and final documents and facilitated processing. Client: City of Blythe, Art: Newell Sorensen, 440 S. Main Street, Blythe, CA 92225 (760) 922-6130 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City). Managed many administrative tasks. Project Manager/Team: John D. Criste-Manager., Nicole Criste-Associate Planner; Joan Callahan-Biologist, Cultural-ARU at UC Riverside; Engineering-Holt Group; Geotechni cal-Leighton Associates. Comprehensive Plans and Zoning Ordinances City of Rancho Mirage General Plan & EIR Terra Nova prepared a new Comprehensive General Plan and associated Environmental Impact Report for the City of Rancho Mirage on a 33 square mile planning area The City of Rancho Mirage is traversed by two major highways; State Highway I I I with about 36,000 average daily trips during the season; and US Interstate-10 that connects the region with the rest of Southern California. With adjacent incorporated cities, the various elements of the Plan, including Community Design, were developed to provide the City with a distinct identify and character. The Environmental Impact Report assessed the environmental resources of the City as well as the impacts associated with implementation of the general plan. Areas of analysis included transportation (Interstate- 10, Highway 1I1 and Southern Pacific Railroad facilities), important biological and cultural resources, unstable soils and geologic conditions (San Andreas Fault), hydrology/drainage and the full range of environmental conditions typically addressed in General Plans. The public participation portion of the Rancho Mirage General Plan development and approval process was awarded special recognition by the Inland Empire Section of APA and was invited to show at the state ALA conference. Client: City of Rancho Mirage, Att: Robert Brockman, 69-825 Highway 111, Rancho Mirage, CA (760) 328-2266 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City). Managed many administrative tasks, including NOP, NOD, DEIR & FEIR. Co-chaired citizen's advisory committee. Drafted General Plan and EIR. Project presentation. Project Manager/Team: John D. Criste-Manager, Nicole Criste-Associate Planner; Biology-Circle Mountain Biological Consultants, Cultural-CRM TECH; Engineering- Fomotor Engineering; Noise-Hersh Acoustical; Circulation-Robert Kahn, John Kain, Associates; Geotechnical-Earth Consultants International, Air Quality-Terra Nova. 22 l Terra Nova Planning& Research,Inc. Statement Of Qualifications City of Cathedral City General Plan & EIR Terra Nova recently completed a Comprehensive General Plan Update and associated Environmental Impact Report for the City of Cathedral City. The City's planning area includes its incorporated limits and sphere of influence. The Environmental Impact Report assesses the environmental resources of the City as well as the impacts associated with implementation of the General Plan. Areas of analysis include transportation, water resources and socio-economic impacts, and the full range of environmental conditions typically addressed in General Plans. The EIR also addressed a major revision to the City's Downtown Precise Plan, which governs development in the City's Redevelopment Core. Client: City of Cathedral City, Art: Cynthia Kinser, City Planner, 68-700 Avenida Lalo Guerrero, Cathedral City, CA. (760) 770-0340 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City). Managing many administrative tasks, including NOP, NOD, DEIR & FEIR. Drafting of General Plan and EIR. Project presentation. Project Manager/Team: Nicole Criste-Project Manager; Biology-Terra Nova, Cultural- CRM TECH; Noise and Circulation-Endo Engineering; Geotechni cal-Earth Consultants, International; Air Quality-Terra Nova. City of La Quinta General Plan & EIR Terra Nova recently completed a Comprehensive General Plan Update and associated Environmental Impact Report for the City of La Quinta on a 85 square mile planning area, which includes a complex mix of land uses and environmental constraints and opportunities. The City's planning area includes a large unincorporated area which is currently primarily agricultural. The Environmental Impact Report assesses the environmental resources of the City as well as the impacts associated with implementation of the General Plan. Areas of analysis include transportation, important biological and cultural resources (including a new Cultural Resources Element), and the full range of environmental conditions typically addressed in General Plans. Client: City of La Quinta, Att: Jerry Herman, Community Development Director, City of La Quinta, 78-495 Calle Tampico, La Quinta, CA 92253. (760) 777-7125 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City). Managing many administrative tasks, including NOP, NOD, DEIR & FEIR. Drafting of General Plan and EIR. Project presentation. Project Manager/Team: Nicole Criste-Project Manager; Biology-Ogden Environmental, Cultural-CRM TECH; Noise and Circulation-Urban Crossroads; Geotechnical-Earth Consultants, International; Air Quality-Terra Nova. City of Palm Desert General Plan & EIR Terra Nova recently began the process of developing a Comprehensive General Plan and associated Environmental Impact Report for the City of Palm Desert on a 121 square mile planning area, which reaches to Joshua Tree National Park. The General Plan was last updated in the mid-1980s, and the City has experienced tremendous growth since that time. As the City now matures, redevelopment and management of existing development are become important components of the Plan. The Environmental Impact Report assesses the environmental resources of the City as well as the impacts associated with 23 l _ _ Terra Nova Planning& Research,Inc. Statement Of Qualifications implementation of the General Plan. Areas of analysis include transportation, geotechnical hazards, and the full range of environmental conditions typically addressed in General Plans. The public participation portion of the General Plan development and approval process involves a broad cross section of the community, as well as appointed and elected public officials. Client: City of Palm Desert, Att: Phil Drell, Community Development Director, City of Palm Desert, 73510 Fred Waring Drive, Palm Desert, CA 92260 (760) 346-0611 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City). Managing many administrative tasks, including NOP, NOD, DEIR & FEIR. Drafting of General Plan and EIR. Project presentation. Project Manager/Team: John D. Criste, AICP-Project Manager; Biology-Ogden Environmental, Cultural-CRM TECH; Noise and Circulation-Urban Crossroads; Geotechni cal-Earth Consultants, International; Air Quality-Terra Nova. City of Desert Hot Springs General Plan & EIR Terra Nova recently completed a new Comprehensive General Plan and associated Environmental Impact Report for the City of Desert Hot Springs on a 55 square mile planning area, which includes a complex mix of land uses and environmental constraints and opportunities. The City of Desert Hot Springs (and its Sphere-of-Influence) planning area includes two major highways; State Highway 62 and US Interstate-10, which connect the region with the rest of Southern California.The various elements of the Plan have been developed to address the unique environment and provide the City with a distinct identity and character. The Environmental Impact Report assesses the environmental resources of the City as well as the impacts associated with implementation of the General Plan. Areas of analysis included transportation (Interstate- 10 and Highway 62), important biological and cultural resources, unstable soils and geologic conditions (two faults of the San Andreas Fault Zone), challenging hydrology/drainage and the full range of environmental conditions typically addressed in General Plans. The public participation portion of the Desert Hot Springs General'Plan development and approval process involves a broad cross section of the community, as well as appointed and elected public officials. Client: City of Desert Hot Springs, Att: Joe Guzzetta, 65-950 Pierson Boulevard, Desert Hot Springs, CA 92240(760) 322-6411 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City). Managing many administrative tasks, including NOP, NOD, DEIR & FEIR. Chairing citizen's advisory committee. Drafting of General Plan and EIR. Project presentation. Project Manager/Team: John D. Criste-Manager, Nicole Criste-Senior Planner; Biology-Circle Mountain Biological Consultants, Cultural-CRM TECH; Engineering- Fomotor Engineering; Noise-Hersh Acoustical; Circulation-Robert Kahn, John Kain, Associates; Geotechni cal-Earth Consultants, International; Air Quality-Terra Nova. Town of Yucca Valley General Plan, Development Code, Civic Center Specific Plan and Environmental Impact Report Terra Nova recently completed a draft of the first Comprehensive General Plan for the Town of Yucca Valley. We also worked on the Town's first Development/Zoning Code, 24 Terra Nova Planning& Research,Inc. Statement Of Qualifications a 700 acre downtown Specific Plan, and associated Environmental Impact Report. Efforts included land use planning for more than 38 square miles. Areas of planning and environmental concern included seismic hazards (ground rupture associated with the Landers quake occurred in Yucca Valley), highway oriented commercial corridors, operation of airport facilities and compatibility with industrial development, impacts on extensive open space lands, including the Joshua Tree National Monument, sensitive biological and cultural resources, major transportation facilities (State Highways 62 and 247, and major utility corridors). Economic development is a major component of the General Plan and Specific Plan effort. Client: Town of Yucca Valley, Att: Shane Stueckle, 57090 29 Palms Highway, Yucca Valley, CA 92284(760) 369-0626 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (Town). Managed many administrative tasks, including NOP, NOD, DEIR & FEIR. Co-chaired citizen's advisory committee. Drafted complete General Plan and EIR. Project presentation. Project Manager/Team: John D. Criste-Manager., Nicole Criste-Associate Planner; Biology-Tierra Madre Consultants, Cultural- ARU at UC Riverside; Engineering-Holt Group; Noise & Walker-Celano; Circulation-Paul Singer, P.E. Associates; Geotechnical- Leighton Associates. Blythe General Plan and Environmental Impact Report Terra Nova completed a Comprehensive General Plan and associated Environmental Impact Report on 64t square miles of the City of Blythe and its sphere-of-influence. Effort included land use planning for lands adjacent to the Blythe County Airport. Areas of planning and environmental concern included the Colorado River corridor, operation of airport facilities and compatibility with industrial development, impacts on extensive prime agricultural lands, biological and cultural resources, major transportation facilities (Interstate-10, State Highway 78 and U. S. 95, Santa Fe Railroad facilities and major utility corridors) and industrial land uses. Client: City of Blythe, Art: Les Nelson, City Manager, 440 S. Main Street, Blythe, CA 92225 (760) 922-6130 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City). Managed many administrative tasks, including NOP, NOD, DEIR & FEIR. Co-chaired citizen's advisory committee. Drafted complete General Plan and EIR. Project presentation. Project Manager/Team: John D. Criste-Manager., Nicole Criste-Associate Planner; Biology-Tierra Madre Consultants, Cultural- ARU at UC Riverside; Engineering-Holt Group; Noise & Walker-Celano; Circulation-Circulation Systems Associates; Geotechnical-Lei ghton Associates. Desert Hot Springs Zoning Ordinance, Design Guidelines and Subdivision Ordinance Terra Nova recently completed a comprehensive draft of a new zoning ordinance, design guidelines and subdivision ordinance for the City of Desert Hot Springs. This integrated document establishes and defines permitted development for a wide range of land use districts. Each includes comprehensive development standards and design guidelines 25 Terra Nova Planning& Research,Inc. Statement Of Qualifications meant to enhance community development and to clarify and simplify application processing for the development community. Adoption of this document is expected in the Fall of 1997. Client: City of Desert Hot Springs, Att: Joe Guzzetta, 65-950 Pierson Boulevard, Desert Hot Springs, CA 92240(760) 322-6411 Terra Nova Responsibility: Prime contractor. No subconsultants. Project Manager/Team: John D. Criste-Manager, Nicole Criste-Senior Planner; Phillip Fomotor-Civil Engineer. City of Poulsbo Comprehensive Plan, Zoning Ordinance and Environmental Impact Statement The City of Poulsbo contracted with Terra Nova for the preparation of a Comprehensive Plan, Zoning Ordinance and Environmental Impact Statement required by the Growth Management Act. Elements included Natural Systems, Housing, Land Use, Circulation, Economic Development, Capital Facilities, Utilities and Parks and Recreation. The Zoning Ordinance was a Washington State APA award winner. The project also included amendment of the Subdivision Ordinance, and Creation of a Grading and Clearing Ordinance, and of a permanent Critical Areas Ordinance. An Environmental Impact Statement was prepared in conformance with the State Environmental Policy Act (SEPA). The Plan and Code were guided and reviewed by a 20-member Citizens' Advisory Committee. Terra Nova prepared materials and facilitated these meetings, and made community and public hearing presentations on all documents. Client: City of Poulsbo, Att: Glen Gross, 19050 Jensen Way/P.O. Box 98, Poulsbo, WA 98370 (206) 779-3006 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City). Managed many administrative tasks, including NOP, NOD, DEIS & FEIS. Co-chaired citizen's advisory committee. Drafted complete General Plan, Zoning Ordinance and EIR. Project presentation. Project Manager/Team: Nicole Criste-Principal/Project Manager; Hydrology/Surface Water Management-R.W Beck and Associates; Traffic/Circulation-Bell-Walker Engineers, Inc.; Capital Facilities Planning - Kask Consultants. Master Plans Desert Island Specific Plan for Safeco Properties, Inc. Terra Nova prepared this Specific Plan for the developer on a 160 acre site. Desert Island is the only high rise condominium project in the City of Rancho Mirage, with seven and five story residential structures located on a island surrounded by a 25 acre lake. The balance of the property is a championship Muirhead-designed golf course, the site being adjacent to the Eisenhower Medical Center campus. Special issues of concern included architectural and viewshed impacts, roadway design and land use compatibility. Client: Winmar of the Desert/SAFECO Properties, Inc., An. Mr William Zaro, 71777 Frank Sinatra Drive, Rancho Mirage, CA 92270 (760) 324-1871 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City). Conducted and directed design tasks, including site planning, preliminary architecture and landscape plans. Processing management. 26 Terra Nova Planning& Research,Inc. Statement Of Qualifications Project Manager/Team: John D. Criste-Manager, Nicole Criste-Associate Planner, Luke Criste and Martin Magana, Associate Planners. Village Center at La Quinta Master Plan & Redevelopment Project Assisted client in assembling commercial parcels and master planned 130,000 square foot mixed use commercial center in "Village" area of La Quinta. Project became cornerstone of the Village at La Quinta Specific Plan. Coordinated closely with city in designing pedestrian oriented commercial center that enhanced the site's use as an arts-oriented commercial village. Prepared master site plans, architectural elevations, preliminary floor plans, and streetscape concepts. Conducted detailed market feasibility study and incorporated same into selected RDA project proposal. Client: NCR Associates, Att. Eddy G. Nicholson, P.O. Box 5132, La Quinta, CA 92253 (760) 564-3692 Terra Nova Responsibility: Prime contractor, managing all subconsultants and coordinating with lead agency (City). Conducted and directed design tasks, including site planning, preliminary architecture and landscape plans. Planning and RDA processing management. Project Manager/Team: John D. Criste-Manager, Nicole Criste-Associate Planner, Luke Criste and Martin Ma.ana-Associate Planners, TKD Associates-Landscape Architecture. Desert Dunes Resort Specific Plan And Environmental Impact Report Prepared for the County of Riverside, this combined Specific Plan/EIR was developed on a 640 acre holding around an existing Robert Trent Jones II championship golf course. The development plan provides for a resort hotel/conference center complex, neighborhood shopping center and approximately 2,500 dwelling units ranging from apartments to golf course estate lots. Extensive land use standards and development guidelines. Special planning/environmental issues included flooding, Alquist-Priolo Study Area, sensitive archaeological and biological resources, and traffic and circulation. Client: Bernhard Associates, Att: William McGee, 30 Bernhard Road, North Haven, CI'. 06473 (203) 787-7131 Terra Nova Responsibility: Prime contractor providing design and environmental functions, management of all subcontractors, processing all applications and administrative tasks, including Specific Plan, NOP, DEIR/FEIR, etc. Project Manager/Team: John D. Criste, Manager/Principal-in-Charge; Nicole Criste, Project Planner/Market Analysis; Kimberly Davy, Associated Planner. Biologist, Cornett Associates; Archaeology, University of California-Riverside; Engineering, Holt Group. Master Space Program, Riverside County Administrative Center This Master Space Program was prepared at the request of the Riverside County Department of Building Services to assess the near and mid-term demand for administrative office space at the County Administrative Center, in the City of Riverside. This assessment examines space utilization for existing and anticipated users of the County Administrative Center for target years 1990, 1995 and 2000, and included analysis of all departments, including the Administrator's, District Attorney, Agriculture Commissioner's, and Emergency Services Offices. 27 1 Terra Nova Planning& Research,Inc. Statement Of Qualifications Client: Riverside County General Services Agency, Att. Vincent Coviello, AIA, 3133 7th Street, Riverside, CA 92507 (909) 275-4894 Terra Nova Responsibility: Prime contractor, managing all aspects of research and analysis. Managed many administrative tasks. Drafted transmittal and final study. Project Managerfream: John D. Criste-Manager, Nicole Criste-Associate Planner; Sean Scully, Associate Planner. Architectural Programming for the Blythe Civic Center Terra Nova conducted an analysis of space planning and operational needs for a new civic center complex in the City of Blythe. In addition to providing comprehensive space programming, the scope of work also include the development of architectural design guidelines to direct the design/build competition sponsored by the City and the County of Riverside. Conceptual building elevations were developed and design criteria and illustrative guidelines were also provided, including landscape palettes, etc. A block-wide master plan was also prepared for this project. Client: City of Blythe, Att: Newell Sorensen, 440 S. Main Street, Blythe, CA 92225 (760) 922-6130 Terra Nova Responsibility: Prime contractor; provided all design and analysis services. Project Manager/Team: John D. Criste-Principal, Nicole Criste-Associate Planner, Richard Mount, Senior Designer. Riverside County/City of Blythe Master Facilities Assessment and Plan Terra Nova initiated research and facilities needs assessments to result in a joint master plan for expansion of City and County facilities (City of Blythe and County of Riverside) in the City of Blythe. The assessment and master plan address future administrative offices, law court and jail facility expansion needs through the year 2010. Terra Nova worked in close cooperation with County and City officials to assure direct correspondence between facilities design and jurisdictional needs. Client: Riverside County General Services Agency, Att. Roland Lojeski, 3133 7th Street, Riverside, CA 92507 (909) 275-4894 Terra Nova Responsibility: Prime contractor, managing all aspects of research and analysis. Managed many administrative tasks. Drafted transmittal and final study. Project Manager/Team: John D. Criste-Manager, Nicole Criste-Senior Planner; Luke Criste-Associate Planner. Institute of Critical Care Medicine Master Plan and Environmental Assessment This project was undertaken for a research campus to be located in Rancho Mirage, California. Tasks included the development of immediate and future development areas, coordination with the project architect regarding space allocations, and the completion of an Environmental Assessment for submittal to the local agency. Issues of particular concern included land use compatibility, traffic and circulation, and visual impacts. Client: Institute of Critical Care Medicine, Att. Dr. 1695 N. Sunrise Way. Palm Springs, CA 92262 (760) 778-5438 Terra Nova Responsibility: Prime contractor, managing all aspects of research and analysis. Managed and coordinated architectural, site planning and landscape treatment. Process management. 28 1 ! Terra Nova Planning& Research,Inc. Statement Of Qualifications Project Manager/Team: John D. Criste-Manager, Nicole Criste-Senior Planner; Luke Criste-Associate Planner, Neptune and Thomas-Project Architects, TKD Associates- Project Landscape Architects. Downtown Neighborhood Specific Plan This downtown commercial corridor specific plan was prepared on more than 2.5 miles of arterial roadway in the core area of Desert Hot Springs. The plan provided a detailed analysis of regulatory, infrastructure and environmental constraints affecting the study area. Land use and development patterns were assessed and opportunities for lot consolidation and in-fill development were identified. Based upon thorough analysis, design concepts were developed for in-fill development, facade revitalization, roadway and streetscape enhancements, site planning and pedestrian enhancements. Included development regulations, design guidelines and implementation strategies. Client: City of Desert Hot Springs, Att: Robert Mack, 65-950 Pierson Boulevard, Desert Hot Springs, CA 92240 (760) 329-6411 Terra Nova Responsibility: Prime contractor. No subconsultants. Project Manager/Team: John D. Criste-Manager., Martin Magana-Associate Planner. Land Use/Economic/Market Feasibility Studies Vista Chino Land Use and Market Feasibility Study This analysis was conducted on 260t acres located along Vista Chino, Farrell Drive and Sunrise Way in Palm Springs. Prepared for the City, this study assessed the environmental setting, development pattern and availability of infrastructure. Regulatory constraints and opportunities were also identified and analysed. A regional, segmented market analysis was conducted and market valuation projected. Four different land use scenarios, which included various mixes of commercial, industrial and residential were fully assessed. Client: City of Palm Springs, Art. Doug Evans, Planning Director, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. (760) 323-8245 Terra Nova Responsibility: Prime contractor, managing all subconsultants, including traffic and acoustical engineer. Coordinated between various city departments and the regional airport. Project Manager/Team: John D. Criste, Principal; Cathy Mitton, Project Manager. Acoustical Engineer: Walker-Celano Associates. Traffic Engineer: ASL Consulting Engineers. Air Quality Analysis: Terra Nova. Monterey Plaza Market Feasibility Analysis Study examined the economic feasibility of, and cost/benefit impacts from the development of a 100,000 square foot neighborhood shopping center in Rancho Mirage, California. Included analysis of regional and local economic trends and conditions, identified primary and secondary markets for center, and estimated existing and projected future markets by segment. Client: F.T. Von Der Ahe Co., Art. Mr. Quong, 1601 Dove Street-Ste 242, Newport Beach, CA 92660 29 it _ - 1 Terra Nova Planning& Research,Inc. Statement Of Qualifications Terra Nova Responsibility: Prime contractor, managing all aspects of market and land use research and analysis. Project Manager/Team: John D. Criste-Principal, Nicole Criste-Senior Planner. Canyons at Bighorn Golf Course Land Use and Market Feasibility Analysis Terra Nova prepared this detailed preliminary market assessment of the Coachella valley and the greater Palm Desert market area. Measures of economic activity associated with tourist resort industry were also made and analysed. Conducted detailed golf course market analysis, preliminary project redesign concepts, assessment of associated residential component, and preparation of development and operations pro formas. Prepared project planning and implementation schedule and incorporated same into study recommendations. Client: SAFECO Properties, Inc., 2600 Gateway Tower, 700 5th Avenue, Seattle, WA. 98104. Contact: Lawrence Olson. (760) 340-0070 Terra Nova Responsibility: Prime contractor, managing all research and analysis. Project Manager/Team: John D. Criste-Principal, Nicole Criste-Senior Planner, Lori Selzer-Associate Planner, TKD Associates-Landscape Architecture. Village Center @ La Quinta Land Use and Market Feasibility Study Prepared for NCR Associates & Eddy Nicholson, this study was prepared to establish the feasibility of a proposed 130,000 square foot mixed use commercial shopping center in the Village District of La Quinta. Terra Nova staff had previously developed the master site plan and architecture for this project. The subject study was developed at the request of the City Redevelopment Agency. The study assessed the physical constraints and opportunities of the site, included a broad-based regional and city market analysis, as well as an assessment of market potential for a neighborhood and tourist-serving commercial development. Client: NCR Associates, Art: Eddy Nicholson, P.O. Box 5132, La Quinta, CA 92253. (760) 564-1721 Terra Nova Responsibility: Prime contractor, managing all research and analysis. Project Manager/Team: John D. Criste-Principal, Nicole Criste-Senior Planner, Martin Magana-Associate Planner. Rancho Mirage Economic Development Strategy Prepared a comprehensive and broad-based economic/market analysis of the Southern California and Coachella Valley regions, and the City of Rancho Mirage. Conducted a detailed analysis of regional and city retail trade patterns and trends, identified market constraints and opportunities for the city and established areas of comparative advantage. Conducted business owners and consumer surveys, and applied same to development of economic development strategy. Developed integrated picture of economic and regulatory environment, summarized next steps and prepared comprehensive economic development strategy, which is now being implemented by the city. Client: City of Rancho Mirage, Art: Patrick Pratt, City Manager, 69-825 Highway 111, Rancho Mirage, CA 92270 (760) 324-4511, Terra Nova Responsibility: Prime contractor, managing all research and analysis. 30 Terra Nova Planning& Research,Inc. Statement Of Qualifications Project Manager/Team: John D. Criste-Principal, Nicole Criste-Senior Planner, Dina Lee-Associate Planner. Industrial Park Land Use and Market Feasibility Study Prepared for the Johnson Family Trust, this study examined the feasibility of a multi-use design center and office/light industrial complex on 55t acres located in Palm Springs. Both regional and local markets were assessed, examining demand for building and interior design center services, types of light industrial development and absorption rates for various market segments. Evaluated detailed economic factors, including general economic and demographic characteristics and trends, and land use development trends. Client: Robert Wood Johnson, III, c/o Bryant and Brown, Ghiradelli Square, San Francisco, CA Terra Nova Responsibility: Prime contractor providing land use and market analysis. Project Manager/Team: John D. Criste, Manager/Principal-in-Charge; Nicole Criste, Project Planner/Market Analysis. Industrial Park Land Use and Market Feasibility Study The subject study was prepared on industrial lands located immediately south of US Interstate-10 in the City of Blythe. It included a detailed assessment of local economic conditions and local demand for industrial space. Site has extensive rail facilities and study included analysis of regional and interregional rail service and related market potential. Conducted preliminary industrial park master planning, economic and cost- benefit analysis, and detailed marketing strategies and recommendations. Included development of conceptual marketing materials. Client: City of Blythe, Att: Newell Sorensen, 220 North Springs Street, Blythe, CA 92225 (760)922-6130 Terra Nova Responsibility: Prime contractor providing preliminary project design, land use and market analysis, and marketing strategy/materials development. Project Manager/Team: John D. Criste, Manager/Principal-in-Charge; Nicole Criste, Project Planner/Market Analysis; Martin Magana, Environmental and Infrastructure Analysis. Business Park Land Use and Market Feasibility Analysis Prepared for the US Economic Development Administration and the Cabazon Band of Mission Indians, this study provides a detailed description of existing environmental and economic conditions and trends at the site and in the vicinity. Study areas located adjacent to US Interstate-10 and SR 86, shaping appropriate design and market considerations. Constraints and opportunities were assessed, including environmental constraints and the availability of and demand for infrastructure and other public services. Included detailed analysis of traffic and circulation system. Market feasibility analysis conducted on a regional and local basis. Recommendations made and marketing plan prepared as part of scope of work. Client: US Economic Development Administration, Western Regional Office, Jackson Federal Building, Rm 1856, 915 Second Street, Seattle, CA 98174 (206) 442- 5681 and Cabazon Band of Mission Indians, Att. Mark Nichols, 84-245 Indio Springs Road, Indio, CA 92201 31 Terra Nova Planning& Research,Inc. Statement Of Qualifications Terra Nova Responsibility: Prime contractor providing land use, preliminary design and market analysis. Project Manager/Team: John D. Criste, Manager/Principal-in-Charge; Nicole Criste, Project Planner/Market Analysis. 1 Y Rancho Mirage Industrial and Business Park Feasibility Study and Strategic Plan Prepared a detailed analysis of the physical and regulatory constraints and opportunities affecting the City's newly annexed industrial lands located adjacent to US Interstate-10 and rail lines of the Southern Pacific Railroad. Developed a comprehensive assessment of trends in industrial and business park development within the Coachella valley and the Southern California region. Also assessed the potential market impact of NAFTA on the proposed 180t acre park site. Analysed the full range of infrastructure, including the feasibility of a rail spur and Southern pacific access and service. Assessed opportunities for securing financing through both public and private sector. Client: City of Rancho Mirage, Att: Patrick Pratt, City Manager, 69-825 Highway 111, Rancho Mirage, CA 92270 (760) 324-4511. Terra Nova Responsibility: Prime contractor, managing all research and analysis. Project Manager/Team: John D. Criste-Principal, Nicole Criste-Senior Planner, Leslie Riggins-Associate Planner. Other Projects Environmental and Planning Services/Psychiatric and Rehabilitation Hospitals Terra Nova has provided planning and environmental review services to subsidiaries of National Medical Enterprises (NME) on their projects throughout California, Washington, New Jersey and in other parts of the United States. These efforts have focused on facility siting, environmental analysis, real estate negotiations, site planning and Client representation. Terra Nova has managed the approval of more than 35 facilities in the following states: • Arizona Indiana • Oklahoma • California Kansas • Texas • Connecticut • Missouri • Virginia • Illinois • New Jersey • Washington Psychiatric Hospital Planning, Washington State Processed Master Plan, Conditional Use Permit and Mitigated Determination of Non- Significance for 80 bed specialty hospital located outside the City of Fife, Pierce County, Washington. Project responsibilities included coordination of all project team members, including land use attorney, public relations consultant, and Certificate of Need consultant. Terra Nova conducted extensive interviews with local, regional and State legislators, promoting project and assisting in community support efforts. Two other projects were undertaken for new facilities in Snohomish and King counties, requiring similar 32 Terra Nova Planning& Research,Inc. Statement Of Qualifications responsibilities. Through these projects, developed working relationships with local hospitals, including Saint Joseph's Hospital, Tacoma, and Stephens Hospital, Edmonds. Air Quality Management Plan-Developer's Manual Terra Nova prepared a manual for developers to help them to comply with the programs and regulations of the South Coast Air Quality Management District, the EPA and the City of Rancho Mirage. The manual will provide simplified methods for developers or their engineers to quantify potential air quality impacts and to develop mitigations plans and programs for approval by the City. Emissions of special concern include PM,, and moving and stationary source emissions. Radiation Release Monitoring/Three Mile Island The Pennsylvania Governor's Energy Council staff conducted independent impact monitoring as part of an assessment of nuclear radiation releases and ongoing threat as a consequence of the 1979 accident at the Three Mile Island Nuclear Power Plant. Staff now with Terra Nova coordinated with the Office of Disaster Preparedness and Nuclear Regulatory Agency, pressed NRC and General Public Utilities for information updates, and served as a clearinghouse for the Governor's Public Energy Information Office. Sewage Treatment Facilities Assessment Performed statewide assessment of existing sewage treatment facilities and impacts of on-lot septic tank usage on groundwater resources. Study performed in conjunction with the Pennsylvania Department of Environmental Resources as part of a funding package Y P request to the U.S. Community Development Administration. Program funded with matching state funds and implemented by Department of Environmental Resources. 33 Terra Nova Planning& Research, Inc. Statement Of Qualifications Terra Nova References Mr. Oscar Orci, Community Development Director, City of Banning, 99 E. Ramsey Street, Banning, CA 92220(951) 922-3131 Mr. Craig Ewing, Director of Planning, City of Palm Springs, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 (760) 323-8245 Ms. Maggie Pacheco, Executive Director, City of San Bernardino Economic Development Agency, 201 North E Street, Suite 301, San Bernardino, CA 92401 (909) 663-1044 Mr. Doug Evans, Community Development Director, City of La Quinta, 78-495 Calle Tampico, La Quinta, CA 92253. (760) 777-7125 Mr. Phil Drell, Community Development Director, City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, CA 92260(760) 346-0611 Mr. Les Nelson, City Manager, City of Blythe, 235 N. Broadway, Blythe, CA 92225 (760) 922-6161 Mr. John Wolmuth, Executive Director, Coachella Valley Association of Governments, 73-710 Fred Waring Drive, Suite 200, Palm Desert, CA 92260 (760) 346-1127 34 DDC DESERT DEVELOPMENT Coral Canyon —TTM 33444 BOR/CVWD Meeting Minutes June 7, 2006 Meeting Attendees: Peggy Haren BOR 928-343-8547 x2288 Roy Romines BOR 928-343-8331 Steve Cummings BOR 928-343-8151 Mark Johnson CVWD 760-398-2661 x2269 Georgia Celehar CVWD 760-398-2651 Dan Charlton CVWD 760-398-2651 Chris Morley CVWD 760-398-2651 Berny Zambrana Stantec 760-346-9844 Dan Ruiz Stantec 760-346-9844 Tom Levy Consultant 949-218-0033 Tom Cullinan LDD 760-674-2212 Kris Schulze LDD 760-340-1002 Agenda Item No. 1 BOR/CVWD submittal requirements for City Improvements (Roadway items), CVWD Improvements (Water, Sewer and Irrigation Line) and miscellaneous improvements (Dike 2 embankment and borrow area). The following outlines the proposed improvements within the BOR alignment: • Street Improvements including curbs, gutters, storm drains, sidewalks, asphalt paving and other miscellaneous improvements. Waterline Improvements (CVWD). Sewerline Improvements (CVWD). 72" Irrigation Line relocation under the proposed roadway • Embankment over Dike No. 2. Borrow Area behind Dike No. 2. • Dry Utilities Discussion All plans are routed through CVWD for review. CVWD related items, i.e. water and sewer plans, will be plan checked and approved by CVWD. The roadway plans will be jointly reviewed and approved by the City of La Quinta and CVWD. Once CVWD has reviewed and either approved or is satisfied with the plans, the plans can be routed to the BOR. It was agreed that since the 72"irrigation line will be realigned within the existing Irrigation Easement, a Right of Use application for the relocation will not be necessary. This was considered to be a maintenance issue on an existing line. Agenda Item No. 2 Joint processing of the City Plans and the BOR/CVWD Right of Use Application Discussion The plans can be submitted to the City and CVWD for concurrent review. CVWD will be looking mainly for hydrology and impacts to the Dike No. 2. Once CVWD's review is complete, the plans can be submitted to the BOR. This may be prior to final City approval of the roadway plans. Agenda Item No. 3 Right of Use requirements for the Dry Utilities—IID, Gas, Verizon Telephone, Time Warner Cable. Discussion A separate Right of Use Permit for each utility company is required. The BOR will issue separate licenses to each utility company to maintain and operate their facilities within the BOR alignment. Agenda Item No.4 "Preliminary Approval"for the improvements. The"Preliminary Approval"would indicate that the BOR/CVWD have no objections to the proposed improvements and that a Right of Use Permit will be issued pending approval of the plans and documents. Discussion The BOR can issues a response letter upon their receipt and initial review of the Right of Use Application(s) and package. This is an informal letter which indicates the application is complete and, subject to BOR review, the project is acceptable. The EA, Dike Certifications and CVWD approvals key components to this approval. Agenda Item No. 5 BOR/CVWD processing and approval schedule. Discussion Approval of the Final Map is conditioned upon obtaining all necessary rights of way for the project. Coral Mountain Trails, LLC would like to have the Final Map recorded in September or October, 2006. The following schedule was presented: July 5, 2006-City to approved Environmental Assessment and provide Project Approval July 15, 2006-Submit Improvement Plans to CVWD. This submittal will include the approved EA, City Approval for the roadway, detailed legal descriptions and plats for the proposed improvements, and Dike approvals. August 15, 2006- CVWD Review Complete and Submit to BOR with comments September 15, 2006—Obtain BOR"10 Day Review" letter indicating the project is acceptable acknowledging that final review/approval is required. Page 2 Agenda Item No. 6 Legal Descriptions and Plats—Submittal Format Discussion it was agreed that the following legals/plats would be required., 1) A legal and plat defining the limits of the permanent improvements. This would generally be defined as the roadway right of way or the toe of slope along the embankment area—which ever is wider. All of the proposed permanent improvements (street improvements, sidewalks, waterlines, sewedines, dry utilities, storm drains, etc) will be located within this area. 2) A legal and plat for any temporary construction easements required to construct the proposed improvements. 3) A legal and plat defining the borrow area. Coral Mountain Trail, LLC will submit the Right of Use applications for the temporary easements and borrow area. 1t is not clear as to who applies for the roadway construction/maintenance. The City of La Quinta has indicated on other projects that they will not accept the roadway for maintenance until satisfactorily completed. If this is the case, Coral Mountain Trail, LLC will apply for the Right of Use license to construct the improvements. Upon completion to the City's satisfaction, the City will apply for the Right of Use license for perpetual maintenance. Further clarification from the City is required. Since multiple Right of Use applications will be processed, Peggy indicated that we can either submit as needed if all of the permits are submitted together, she suggested with provide a list, i.e. roadway, sewer, water, dry utilities, etc. in order of priority. This will help expedite the more critical construction items. Agenda Item No. 7 Status of Temporary Use Permit for temporary grading and access. Discussion Roy Romines indicated that he is finalizing the Temporary Use Permit. This permit is routed through CVWD to the Developer. Agenda Item No. 8 Environmental Process Peggy was unsure whether a FONSI or CE will be processed. John Criste of Terra Nova (not present at the meeting), later confirmed that the EA was prepared to CEQA and NEPA (State and Federal) standards. He also confirmed that the studies encompassed all proposed areas of construction including the borrow pit area. Page 3 rhf% THE PLAN CENTER Governmental Services Planning & Urban Design RECEIVED Environmental Studies - 0 4 2007 Landscape Architecture 1580 Metro Drive :OMMUNITY DEVELOPMENT DEPARTMENT August 27, 2007 CITY OF PALM DESERT Costa Mesa,CA 92626 Phone:714.966.9220 Fax:714.966.9221 Mr. Ryan Stendell Associate Planner Email:costamesa@planningcenteccom City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Subject: Request for Proposals for Housing Element Update Dear Mr. Stendell: Thank you for sending The Planning Center the subject Request for Proposals. We appreciate the opportunity to review such requests and would enjoy working with the City of Palm Desert. This project is of interest to our staff based on the context and the issues involved. However, after careful consideration, we have decided not to submit a proposal for this project. A range of factors have influenced this decision. Again,thank you for considering The Planning Center, and we hope you will keep us on your list of RFP/RFQ recipients for future planning, design and environmental consulting services. We look forward to the possibility of working with you in the future. Sincerely, THE PLANNING CENTER ,�ja udd Vice Presideeounity nning & Design CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT W-F STAFF REPORT DISCUSSION OF: Housing Element Update as required by the State of California. SUBMITTED BY: Ryan Stendell Associate Planner DATE: October 11, 2007 CONTENTS: Current Housing Element dated March 15, 2007 I. BACKGROUND: California Government Code: California Government Code requires that every City and County prepare a Housing Element as part of its General Plan. In addition State law contains specific requirements for the preparation and content of Housing Elements. The State Legislature has identified the following: 1. The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. 2. The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. 3. The provision of housing affordable to low and moderate-income households requires the cooperation of all levels of government. 4. Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. 5. The legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the General Plan and to cooperate with other local governments, and the state, in addressing regional housing needs. Staff Report Housing Element Discussion October 16, 2007 Page 2 of 2 General Plan Update 2000: On March 15, 2004 the City adopted its General Plan update, which included an update to the City's Housing Element. The Housing Element included an analysis of progress made since drafting the previous Housing Element and projections of needs for the for the next five years. II. DISCUSSION: It is time once again to update the City's Housing Element as required by State law. State law now requires greater detail, specificity, analysis, and commitment in the preparation of the Housing Element than was required for the previous update. Adopted Housing Elements are due to the Department of Housing and Community Development by June 10, 2008. Staff is currently in the beginning stages of negotiating with a consultant for the preparation of the Housing Element. Staff and the selected consultant will be responsible for processing the document, which will include a series of public out- reach meetings, study sessions, policy recommendations and public hearings. Staff wanted to bring this to the attention of the Planning Commission as we are beginning the process of the update. The update will ultimately come before the Planning Commission for a recommendation for approval to the City Council. Submitted By: Approval: �ev RYAN ENDELL LAURI AYLAIAN Associate Planner Director of Community Development Approv I: 62e- HOMER OY ACM for Development Services 921annnORnn SuWeIRW,N DWAUL.nn Fkwm MnMim UWw, PC Mli F• _ _ _ _ __ _ _ _ _ _ _ _ Filer�,KF1Wi�Hg9eIM.FfI)(3f _ __ City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Ilousing Element HOUSING ELEMENT PURPOSE The purpose of the City of Palm Desert Housing Element is to provide the residents, development community and elected and appointed officials with a clear understanding of the City's housing needs. In order to achieve the ultimate goal of ensuring that every Palm Desert resident secures a safe and decent place to live within a satisfactory environment, the Housing Element promotes a close coordination of housing policies and programs at local, state and federal levels. BACKGROUND The Housing Element functions as an integral part of the City's efforts to manage the development of incorporated lands. The City balances the need to assure adequate housing for all current and future residents against the need to provide infrastructure and services. The Housing Element includes a description of existing housing types, condition of existing units, overcrowding, overpayment, homelessness, and the demand for affordable housing in the City. The Element also includes an analysis of the progress made since the drafting of the last Housing Element, and projections of needs for the next five years. California Law California Government Code requires that every City and County prepare a Housing Element as part of its General Plan. In addition, State law contains specific requirements for the preparation and content of Housing Elements. According to Article 10.6, Section 65580, the Legislature has found that: (1) The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. (2) The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. (3) The provision of housing affordable to low and moderate income households requires the cooperation of all levels of government. (4) Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. (5) The legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the General Plan and to cooperate with other local governments, and the state, in addressing regional housing needs. Housing Element 111-85 I City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Section 65581 of the Government Code states that the intent of the Legislature in enacting these requirements is: (1) To assure that local governments recognize their responsibilities in contributing to the attainment of the State housing goal. (2) To assure that cities and counties prepare and implement housing elements which, along with federal and State programs, will move toward attainment of the State housing goal. (3) To recognize that each locality is best capable of determining what efforts are required by it to contribute to the attainment of the State housing goal as well as regional housing needs. (4) To ensure that each local government cooperates with other local governments to address regional housing needs. Government Code Section 65583 outlines the required content of all housing elements including identification and analysis of existing and projected housing needs, and a statement of goals, policies, quantified objectives, and scheduled programs for the preservation, improvement, and development of housing. Specific requirements include the following: (1) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The analysis should include population and employment trends; documentation of household characteristics; inventory of land suitable for residential development; governmental and other constraints to new housing development; analysis of any special housing needs and an assessment of existing affordable housing developments. (2) A program which sets forth a five-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the objectives of the housing element in order to meet the housing needs of all economic segments of the community. Evaluation of Existing Housing Element Goals and Policies The last Housing Element Update was adopted by the City Council in December of 1989, and certified by the Department of Housing and Community Development as meeting the requirements of the law. The last Housing Element presented a "Five Year Program Summary" which specified the programs in which the City would participate during that planning period. The Summary is presented below, and each Program's effectiveness is discussed. I. Neighborhood Quality, Public Infrastructure Rehabilitation and Conservation A. PROGRAM: Completion of all remaining residential infrastructure. Scope: 2,373 units Cost: $15,000,000 Source: Redevelopment Agency, Tax Assessments Agency: Redevelopment Agency/Public Works Completion Date: July, 1989 Housing Element III-86 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element The City issued bonds to fund the construction of streets, storm drainage and sanitary sewer improvements in 1988. The bond issue successfully completed the program. Further activity is not necessary. B. PROGRAM: Residential Rehabilitation Loans. Scope: 200 units Cost: $250,000 Source: Redevelopment Agency Agency: Redevelopment Agency/Building and Safety The Redevelopment Agency has assisted 28 very low-income households and 18 low-income households. The program has been successful, and continues to be implemented. It should be maintained in the new planning period. In addition, there is a need for rehabilitation funds being applied to multi family projects. Such a program will be considered in the new planning period. C. PROGRAM: Certificate of Conformance Scope: Estimate 100 units Cost: None Agency: Community Development/Building& Safety The program was successfully implemented. A total of 83 legal non-conforming units were rehabilitated and given certificates of conformance. The program shall remain in the City's Municipal Code as an option available for future use. D. PROGRAM: Town Center Apartments. Scope: Rehabilitation of 64 low-income apartments Cost: $2,500,000.00 Agency: Redevelopment Agency, Department of Building and Safety, Riverside County Housing Authority The project, now known as Desert Pointe, was purchased from the County of Riverside for $3,095,000, and rehabilitated by the Redevelopment Agency, and is assured of affordability in perpetuity. E. PROGRAM: Mobile Home Park Conservation. Scope: 191 units Cost: $6,400,000.00 Agency: Redevelopment Agency, Riverside County Housing Authority The Agency assisted 47 residents in purchasing their spaces at the Portola Palms Mobile Home Park, and has thereby ensured their affordability. The affordability restrictions are for 30 years. The Indian Springs Park was not purchased as planned. In addition, the City implemented a Rent Control Ordinance far mobile home parks, and continues to maintain this ordinance at this time. The protection of rents at mobile home parks is an important component of their on-going affordability. The on-going preservation of mobile home spaces will continue to be implemented through the City's Redevelopment Agency, as projects become available. Housing Element Ill-87 City of Palm Deseit/Adopted 3.15.04 Comprehensive General Plan/Housing Element H. Reduced Cost and Price for New Construction A. PROGRAM: Affordable High Density Rental Employee Housing. Scope: 366 very low-income units 366 low income units 366 moderate income units 1,100 Total Units Cost: Construction $60,000,000 Annual subsidy: $2,480,000.00 Source:Redevelopment Agency, Riverside County Housing Authority, Commercial Development Housing Mitigation Fees Agency: Community Services, Redevelopment Agency, Public Works, Building and Safety, Riverside County Housing Authority. The Agency has purchased and/or rehabilitated 745 rental units during the previous planning period, at a total expenditure of more than $45,000,000. These units were in multiple projects, and were funded through Agency funds, bond issues, and other means, as follows: Pueblos Apartments: $788,000 Las Serenas: $8,330,000 Taos Apartments: $800,000 Neighbors Apartments: $1.540,000 Desert Pointe: $3,095,000 One Quail Place: $25,095,000 Catalina Apartments: $2,761,300 Santa Rosa Apartments: $400,000 The purchase of all of these units except the Santa Rosa Apartments occurred in 1998. Santa Rosa was purchased in 1995. Prior to that time, the Redevelopment Agency subsidized the County Housing Authority for the period from 1991 to 1998 for a total of$20,400,349. These subsidies ensured that the properties were properly maintained, and remained affordable to very low, low and moderate income households. The Agency continues to look at projects for purchase in the new planning period. B. PROGRAM: Ownership Mortgage Assistance. Scope: 56 units eligible for low interest loans. Cost: $5,000,000 Source: Riverside County Agency: Riverside County The County First Time Homebuyers Program continues to be accessible to residents of Palm Desert. Since 1995, 17 loans have been made in the City. In addition, the City issued bonds to fund the construction of the Desert Rose project, which provides ownership housing for 161 low and moderate income households. The City subsidized closing costs and wrote down purchase prices for eligible families for a total subsidy of $5,434,037. The City also underwrote the marketing of the project, and supplied the land,for a total additional contribution of$5,931,625. Altogether, the City invested$11,365,662 into the Desert Rose project. Housing Element 111-88 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element C. PROGRAM: Self-Help Housing. Scope: 12 assisted single family homes Cost: $320,000 Source: Redevelopment Agency, California Self-Help Housing Program, HCD, California Housing Finance Agency. Agency: Coachella Valley Housing Coalition, Redevelopment Agency, Department of Building and Safety. The City assisted in the development of 17 single family self-help homes, located in various neighborhoods throughout the City. These included 11 units built through the Coachella Valley Housing Coalition, 2 units built through Habitat for Humanity, 2 units built through Building Horizons, and 2 units on Rebecca Lane built through the Agency. The project was successful, and should be maintained for the new planning period. D. PROGRAM: Manufactured Housing. Scope: 241 units within new parks and implementation of state laws against discrimination within single family zones. Cost: None Agency: Community Development The Portola Country Club project includes a total of 499 manufactured housing units available for sale to senior households. The City has also implemented state law regarding non- discrimination. The continued implementation of manufactured housing options appears to have limited value at this time, due to the affordable cost of construction for traditional housing. E. PROGRAM: Senior Housing Overlay. Scope: 600 congregate care units 50 very low income apartments 100 lower income apartments 150 moderate income apartments Cost: $1,000,000 Source: Private developer inclusionary requirements and in-lieu fees.. Agency: Community Development. A total of 469 congregate care beds were constructed during the previous planning period. No new restricted apartments were constructed by private parties. The Agency has acquired, however, the Las Serenas, Pueblos and Catalina Gardens apartments for senior households in the low and very low income categories. The senior overlay has been implemented, has generated a total of 252 units, and should be maintained in the new planning period. F. PROGRAM: Senior Second Unit. Scope: Zoning standards permitting second units on single family lots rentable to residents over 60 years of age. Cost: None Agency: Community Development. The City implemented the zoning ordinance standards. The standard should be maintained in the new planning period, as it provides for affordable housing for senior households. Housing Element 111-89 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element G. PROGRAM: Homelessness. Scope: Financial assistance to valley shelter Cost: $10,000 Agency: Riverside County Housing Authority/Catholic Charities. The City funded $15,000 annually until 1998 (S5,000 for the Coachella Valley Rescue Mission, and $10,000 for Catholic Charities). The City is now considering the use of Community Development Block Grant funds for these projects. H. PROGRAM: Federal Section 8 Rent Subsidies. Scope: 58 assisted households Cost: unknown Agency. S. Department of Housing and Urban Development. There are currently 75 Section 8 households in the City. The program should be maintained, as it provides valuable assistance to lower income households. DEMOGRAPHIC INFORMATION In order to understand the housing needs of the residents of Palm Desert, it is important to first look at the make up of the community and its demographics. REGIONAL SETTING This section of the Housing Element contains relevant demographic, household, and socio- economic data. This information is primarily based on data provided in the 1990 and 2000 U.S. Census of Population and Housing, the California Department of Finance and the City of Palm Desert. The City of Palm Desert is located in the Coachella Valley, in eastern Riverside County. The County experienced extremely rapid growth in the 1980's. County population grew from 663,923 in 1980 to 1,110,000 in 1990, an increase of 67%. The 2000 U.S. Census estimates that population in the County rose to 1,545,387 in 1999. Historic and Current City Population The U. S. Census estimated a population of 23,252 in Palm Desert in 1990. The population was further estimated at 41,284 in 2000, representing an average annual increase of just under 6.25%. Population by Age Group and Ethnicity In 1990 the City's median age was 42.3 years, representative of the high number of retired persons who have been attracted to the Coachella Valley. By the year 2000 the median age had risen to 48.0. Housing Element III-90 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Table III-14 Age Distribution, 2000 Age Number % of Total Under 19 7,744 18.8% 20-34 6,030 14.6% 35-44 5,372 13.0% 45-64 10,728 26.0% 65+ 11,410 27.6% Total 41,284 100% Source: 2000 U.S. Census Table III-15 lists the ethnic distribution for Palm Desert in 2000. Table III-15 City of Palm Desert Ethnic Characteristics, 2000 Number % of Total White 35,961 87.1% Black 493 1.2% Native American 130 0.3% Asian &Pac. Islanders 1,061 2.6% Other 3,639 8.8% Total 41,284 100% Hispanic 7,031 17.0% Note: the ethnic population numbers may seem distorted because the U.S. Census does not consider Hispanic ancestry to be a race. For this reason, some Hispanics choose to list themselves under the classification for other races. Source: 2000 Census of Population and Housing Household Size and Income The City had a total of 19,370 households in 2000. The 1990 Census identified a median household income in the City of$37,315, slightly higher than the County median income, which stood at $36,000 for the same time period. By 2000, median household income had risen to $48,316. The following Table lists the number of households in each income range in 2000. Housing Element III-91 I City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Table IH-16 City Household Income Distribution,2000 Income No. of HH % of Total Less than $10,000 1,413 6.5% 10,000-14,999 1,043 5.4% 15,000-24,999 2,128 11.0% 25,000-34,999 2,306 11.9% 35,000-49,999 3,111 16.1% 50,00-74,999 3,715 19.2% 75,000-99,999 1,938 10.0% 100,0004149,000 1,919 9.7% $150,000-$199,999 815 4.2% $200,000+ 982 5.1% Total 19,370 100%* Source: 2000 U.S. Census *Differences due to rounding. Employment and Major Employers The Census data also provided information on. employment distribution in 2000. Of a total workforce of 17,384, the largest sectors for employment were retail trade and services. Table III-17 City Employment by Industry,2000 Industry No. of % of Total Employees Agriculture/Forest/Fish/Mining 82 0.5% Construction 1,427 8.2% Manufacturing,Durables 492 2.8% Wholesale Trade 390 2.2% Retail Trade 2,167 12.5% Transportation, warehousing& utilities 530 3.0% Information 372 2.1% Finance, insurance&real estate 1,705 9.8% Professional, scientific, management &administration 1,806 10.4% Educational,health & social services 3,051 17.6% Arts, entertainment, recreation, accommodation & food service 3,760 21.6% Other services (except public administration 992 5.7% Public Administration 610 3.5% Total Employment by Industry 17,384 100% Source: 2000 Census Housing Element III-92 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element The City's current major employers are listed in Table III-18. Table IH-18 Major Employers—1999 Employers Number of Employees Westfield Shoppingtown 2,750 Marriott's Desert Springs 1,800 College of the Desert 500 Robinson-May Company 350 Sunrise Company 325 Macy's 75 Foundation for the Retarded 75 J.C. Penney's 33 Waste Management of the Desert 150 U.S. Filter 133 City of Palm Desert 126 Source: City of Palm Desert Redevelopment Agency The retail and service sectors continue to be a major source of employment for residents of the City. Housing Characteristics The 2000 Census showed a total of 28,071 housing units in the City in 2000. Table 11I-19 City Housing Characteristics Units in Structure Number Single Family, detached 11,120 Single Family, attached 9,551 2-4 Units, Multi-family 2,463 5+ Units, Multi-family 3,738 Mobile homes 1,199 Total 28,071 Source: 2000 US Census The greatest growth in housing type has occurred in the single-family home area, continuing the City's historic trend as a suburban community. It is important to note that in addition to rapid growth, the above numbers also reflect annexations undertaken by the City during the last ten years. Age of HousingStock tock The City's occupied housing units are relatively new, with only 41% being over twenty years old in 2000, as demonstrated in the Table below. Housing Element III-93 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Table IH-20 Age of Housing Units Year Built No of Units % of Total 1999-3-00 372 1.9% 1995-1998 1,292 6.7% 1990-1994 2,416 12.5% 1980-1989 7,331 38.0% 1970-1979 4,343 22.5% 1960-1969 2,351 12.2% 1940-1959 1,106 5.7% Before 1940 88 0.5% Total 19,299 100% Source: 2000 U.S.Ccnsus,City o'Palm Desert Vacancy Status The 2000 Census showed a total of 8,701 of the City's total 28,071 housing units to be vacant, for an overall vacancy rate of 31.2%. Correcting for seasonal or recreational units, which are considered vacant by the Census but are not available or used for permanent occupancy, the vacancy rate decreased to 6.3%in 2000. Table I11-21 Vacancy Status—2000 Unit Type No. of Units % of All Vacant Units For Rent 562 6.4% For Sale 351 4.0% Rented or Sold, not occupied 192 2.2% Seasonal, Recreational or Occasional Use 7,005 79.9% For Migrant Workers 0 0.0% Other Vacant 662 7.5% Total 8,772 100% Source: 2000 Census Housing Tenure Housing tenure for occupied units only in 2000 is shown in Table III-22. Table HI-22 Housing Tenure—2000 Unit No. of Units % Owner Occupied 12,964 67.2% Renter Occupied 6 335 32.8% Total 19,299 100% Source; 2000 Census Housing Element III-94 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Overcrowding The State Department of Housing and Community Development (HCD) has set the standard of 1.01 persons per room as the criteria for defining "overcrowded" housing conditions. Overcrowding is one of the specifically identified issues that must be addressed in the Housing Element. High rents and home prices in some communities limit low-income persons from obtaining homes with adequate space or bedrooms. The following Table represents the range of persons per room in the City's housing units in 2000. Table HI-23 Overcrowding, 1990 Persons/Room No. of HH Owner-Occupied Units 0.50 or less 10,938 0.51 to 1.00 1,727 1.01 to 1.50 180 1.51 to 2.00 87 2.01 or more 32 Renter-Occupied Units 0.50 or less 3,830 0.51 to 1.00 1,827 1.01 to 1.50 278 1.51 to 2.00 249 2.01 or more 151 Sowee: 2000 Census Based on this data, a total of 977 households in Palm Desert were overcrowded. This represents approximately 5.1% of occupied housing units in the City in 2000. Of the total households overcrowded, 678 were renters and 299 were owners. Housing Values The 2000 Census estimated values for owner-occupied single family homes in the City. These are listed in Table III-24. Table IH-24 Values, Specified Owner-Occupied Housing Units,2000 Value Number Less than $50,000 86 $50,000 to 99,999 1,056 $100,000 to 149,999 2,714 $150,000 to 199,999 1,982 $200,000 to 299,999 2,554 $300,000 to 499,999 1,743 $500,000 to 999,999 647 $1,000,000 or more 152 Source: 2000 Census Housing Element III-95 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element The median housing unit value in 2000 was $189,100. For renters, the median contract rent at that time was $744.00. Current housing values and rental rates are further discussed below. LANDINVENTORY Table III-25 shows the available residentially designated land in the City which is located within one mile or less of all necessary services and infrastructure (including water, electric power, telephone and City roadways). The Table also calculates the maximum number of units which could be generated within this zoning district. Table III-25 Vacant Residential Land,2000 Potential Designation Acreage Units R-1 (3 d.u./acre) 197.98 594 R-1-M Residential (5 d.u./acre) 40.1 201 R-2 (7 d.u./acre) 12.08 85 R-3 (18 d.u./acre) 17 306 P-R-5 Planned Residential (5 d.u./acre) 958.66 4,793 P-R-6 Planned Residential (6 d.u./acre) 1.15 7 P-R-7 Planned Residential (7 d.u./acre) 18.86 132 P-R-17.5 Planned Residential(17.5 d.u./acre) 34.44 603 Total 1,280.27 6,721 City of Palm Desert Planning Department Land Use Inventory,2000 GIS Database. Multi-family residential units are permitted by right in the Medium Density and High Density land use designations. In addition, the City has implemented overlay zoning for affordable and senior projects, which when applied provides applicants with further density and special standards. There are no limits to the potential density for such projects. Therefore, the potential units in the R-2, R-3 and PR-17.5 zoning districts could increase substantially if these lands were proposed for affordable housing. The City's Regional Housing Needs Assessment for 1998-2005 totals 444. Based on the Table above, there is both sufficient land and a sufficiently broad variety of densities to provide housing of all types and in all income ranges. In the R-3 and PR-17.5 zoning districts alone, a total of 909 multi-family units are possible, without the implementation of the above-referenced affordable housing overlays. The City of Palm Desert has designated more than sufficient land to meet its housing need for the planning period. Please also refer to the discussion of Quantified Objectives,below. Housing Element 111-96 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element EXISTING AFFORDABLE HOUSING PROGRAMS There are a number of projects and programs available in Palm Desert which provide a variety of services to the City's residents. In addition, regional, state and federal programs can also be accessed within the community. This section of the Housing Element provides a summary of programs available by a number of agencies. City Programs The City has focused its redevelopment funds on the production of new units, the rehabilitation of existing units„ and has developed a single-family Home Improvement Program. The Home Improvement Program provides loans or grants tailored to the household's income to improve an existing housing unit. Grants can range to $12,500, and loans up to $25,000. The City's Redevelopment Agency provides a wide range of services for City residents. These services are designed to implement fair housing policies and procedures and to provide information concerning minority rights under existing fair housing laws. Three new assistance programs have been developed for implementation in 2001, as follows: Mortgage Subsidy Program Very low, low, and moderate income owners of single-family homes, condominiums and mobile homes may receive assistance if their mortgage payment exceeds 30% of their income. Assistance will be provided directly by the Redevelopment Agency. In exchange for the assistance, the home owner will be required to enter into a recorded agreement with the Agency assuring affordability of the home for 30 years. Rental Subsidy Program Owners of single-family homes, condominiums, mobile homes or apartments who rent to very low, low, and moderate income tenants may receive direct rental payment assistance from the Agency. The owner must, in exchange for the assistance, enter into a recorded agreement with the Agency assuring affordability of the rental units for 30 years. Homebuyers Program The Agency will provide assistance to very low, low, and moderate income persons in the form of low interest loans to be applied to down payment,non-recurring closing costs, reduction of the interest rate on the first trust deed, or any other cost associated with the purchase of a home, condominium or mobile home. The City's projects are discussed further under"Affordable Housing Projects" County and Federal Programs There are numerous programs available to provide rental assistance and to encourage the construction of new affordable housing. The following programs are available in the City of Palm Desert: Housing Element III-97 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Section 8 Housing Assistance The Riverside County Housing Authority provides HUD Section 8 rental assistance to lower income renters within the City. The Authority subsidizes 75 households in the City. Senior Home Repair Program The County implements a program that allows qualifying households to receive grants for repairs to their single-family units. Loans can be applied to a wide range of projects, including sewer hook-ups and roof repairs,up to $35,000. First Time Homebuvers Program The County operates this program for qualified households, to assist in the purchase of a home. Loans are in the form of silent seconds, and cover expenses such as down-payments and escrow costs. AFFORDABLE HOUSING PROJECTS The City of Palm Desert Redevelopment Agency purchased 8 housing projects in the previous planning period in the City to provide a wide range of housing for lower income residents. The following affordable housing projects are available in the City. The current mix of tenants is also provided,but changes periodically, based on the applications received. Agency Owned Apartments One Quail Place provides 384 one and two-bedroom apartments available to all income ranges. There are 92 very low, 95 low, and 152 moderate-income households currently living in the complex. Desert Pointe is a 64 one and two-bedroom unit project which currently houses 29 very low- income households, 6 low-income households, and 29 moderate-income households. The Pueblos provides 15 two-bedroom units to very low-income senior households. Neighbors Garden Apartments has a total of 24 two-bedroom units, 15 of which are rented by very low-income households, 8 of which are low-income tenants, and one is rented to a moderate-income tenant. Catalina Gardens provides 72 studio and one-bedroom apartments to 40 very low, 11 low, and 17 moderate-income senior households. Las Serenas Apartments has 150 one-bedroom units rented to 56 very low-income, 28 low- income, and 64 moderate-income seniors. Taos Palms provides 16 two-bedroom units to 13 very low and 3 moderate-income households. These units are available for victims of domestic abuse, as long-term transitional housing. Santa Rosa Apartments provides 20 very low-income units. Housing Element 111-98 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Affordable Ownership Projects Desert Rose is a 161 unit single-family project restricted for a period of 30 years to purchasers in the very low, low, and moderate-income categories. The project includes 24 very low income, 105 low-income and 32 moderate-income households, Facilities within the project include community recreation and daycare. The Rebecca Lane Homes has two single-family homes with resale restrictions for low-income households. Coachella Valley Housing Coalition constructed a total of 11 homes restricted to very low (3) and low (8) income households, and purchased through low interest loans and sweat-equity programs. Habitat for Humanity constructed 3 single-family homes, which are restricted to very low- income households, and were purchased through low interest loans and sweat-equity programs. Building Horizons homes were built as part of a vocational high school program, and provide two single-family homes for low-income households, with 30-year resale restrictions. Other Affordable Projects San Tropez Apartments has 512 one and two-bedroom units, of which 51 are available to low- income households, and 52 to moderate-income households, for a total of 103 units available through the City's Density Bonus Program. The balance of the units are available to market households. Laguna Palms has a total of 48 studio, one and two bedroom units restricted to 24 very low and 24 to low-income households. Candlewood Apartments is a senior and disabled tenant project which has 26 one-bedroom units for 13 very low and 13 low-income households. Summary of Affordable Housing Projects Altogether, the City owns 745 multi-family housing units, available to 341 very low, 330 low, and 354 moderate-income households. In addition, there are 37 very low and 37 low-income restricted multi-family units owned by private parties. CONSTRAINTS TO THE DEVELOPMENT OF HOUSING A number of governmental, environmental and other constraints can affect the provision of affordable housing in any community. This section of the Housing Element reviews these potential constraints, and analyses whether constraints exist in Palm Desert. Housing Element 111-99 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Governmental Constraints Permit Processing The City of Palm Desert has adopted a rapid processing system which assures that all applications are processed efficiently. The City allows for the concurrent processing of all types of applications, and an applicant with a complete application can secure Planning Commission approval in 3 months or less. The City's timelines for application processing are not a constraint to development. Application Fees The City's Community Development Department fee schedule is depicted below. Clearly, these fees are not a constraint to the development of housing. Table 1I1-26 City of Palm Desert Planning Department Fees Permit Type Fee General Plan Amendment $ 500.00 Change of Zone 325.00 Architectural Review (single family home) 15.00 Conditional Use Permit or Precise Plan 140.00 Environmental Assessment 30.00 Tentative Tract Map 250.00+2.50 per lot/$1,000 max. Parcel Map 50.00 Source:City of Palm Desert.2000 The City Council may waive fees for affordable housing projects. General Plan and Zoning Ordinance Constraints The Land Use Element of the City's General Plan allows for density ranges of 1 to 18 units per acre. In addition, the City has implemented a Second Unit Senior District and Senior Housing Overlay District in its Zoning Ordinance, which allow an additional rental unit on a single family lot, and higher density for senior projects, respectively. The City has also implemented a density bonus program for projects which commit to income restrictions, as implemented at the San Tropez Apartments, and a senior overlay which allows additional units for senior-restricted units. The increased densities available under these overlays vary, but have no pre-set limits, providing the greatest possible flexibility to the development community. Other provisions in the Zoning Ordinance impact the cost of housing in the City. Development standards can increase the costs of construction, and thereby increase the cost of the home to the buyer. The City's development standards are listed in Tables 16 and 17 of the Zoning Ordinance. Some of the most relevant standards are listed in the following tables. Housing Element 11I-100 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Table III-27 Residential Development Standards Minimum Area Requirements for Residential Zones Use Livable Area in Parking Required Sq.Ft. Single-Family 1,000 2 spaces Studio& 1 Bedroom Apt. 600 2 spaces, 1 covered 2 Bedroom or more Apt. 800-2 bdrm 2 spaces, 1,200 - 3 bdrm 1 covered Source:City of Palm Desert Zoning Ordinance Table III-28 Minimum Development Standards for Residential Zones Standard R-1 R-2 R-3 Units per Acre 5 7 18 Lot Area 8,000 sq. ft. 8,000 sq. Ft. 10,000 sq. Ft. Lot Width 70 feet 70 feet 90 feet Lot Depth n/a 100 feet 100 feet Building Lot Coverage 35% 50% 50% Common Area N/A N/A 300 s.f./unit Building Height 1 story/18 feet 22 feet 22 feet source:City of Palm Desert Zoning Ordinance The tables above illustrate that the development standards in the City do not represent an over- restrictive condition, and are not a constraint to development of affordable housing. Projects including new residential construction are normally required to install all necessary on and off-site improvements, including a half-width of the paved width of the street, concrete curbs, sidewalks, water connections and sewer connections. Roadway standards for local or neighborhood streets that allow parking on both sides of the street have paved width of 40 feet. Infrastructure improvements are in place in most locations within the City limits. Building Code Requirements The City enforces the Uniform Building Code (UBC), as do communities throughout California. When the UBC is updated, the City updates its implementing ordinance accordingly. The City cannot adopt standards that are less stringent than the UBC. Imposition of the UBC does not unduly impact the cost of housing in Palm Desert in comparison to any other community in the State. Building Permit Fees The City charges fees for the review of building plans and the inspection of residential structures under construction. These fees are intended to recoup the City's costs associated with these activities. In addition, school districts throughout California charge a fee of$2.05 per square foot of residential construction to offset the costs of providing new schools. Housing Element lII-!01 i City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element The City's Building Department has prepared a typical building permit fee for a single-family residence with a valuation of$164,150.00 (including a two car garage and 200 square foot patio cover). Transportation Uniform Mitigation Fee (TUMF) fees for new construction provide exemptions for affordable housing projects. This estimate is provided below. Table III-29 City of Palm Desert Typical Single Family Building Permit Fees Permit Type Fee Plan Check Fee $457.28 Construction Tax 800.00 Building Permit Fee 703.50 Microfilm Fee 21.00 Job Valuation Fee 41.25 Strong Motion Instrumentation Program Fee 16.42 Art in Public Places 410.38 Transportation Uniform Mitigation Fee 794.31 Total Building Fee 3,244.14 Sou :City of Palm Desert,2000 Fees will similarly be charged for multi-family residential projects, based on valuation of the project. In addition, developers are required to pay fees to other agencies, over which the City has no control. These include fees for water and sewer connection, and school fees. These fees are imposed on all development in the City and throughout the Coachella Valley, and have not impacted development of housing in Palm Desert or elsewhere in the Valley. Finally, the City Council has the ability to waive or defer fees for affordable housing projects, as demonstrated in Policy 5 of this document. Code Enforcement The Code Enforcement process can result in the loss of affordable units. Conversely, however, the Code Enforcement Department provides protection to renters and homeowners from issues of public health and safety. The Code Enforcement Department in Palm Desert works closely with the Housing Manager's office to coordinate areas that require assistance, particularly with health and safety issues. The Housing Manager coordinates repairs through the Home Improvement Program, and establishes the grant or loan to assist the household in making repairs. The City is also considering establishing such a program for multiple family residential units. Economic Constraints Non-governmental constraints to affordable housing in the City include the cost of land, cost of construction, and cost of financing. The geography of the Coachella Valley dictates that these factors are more regional than City-specific. Land Costs Housing Element II1-102 e City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element The cost of land is an important component of housing costs. The rapid increase in land costs throughout Southern California has pushed up housing costs simultaneously. Land in the Coachella Valley has been, and remains, relatively affordable compared to other Southern California markets, but increased demand for housing due to population growth will continue to put pressure on land costs. Land in Palm Desert can range from $30,000 to $40,000 for an in-fill improved residential lot,to $100,000 per acre for a larger parcel of land. With a maximum potential density of 18 units per acre,this represents a maximum potential cost per unit of$5,500 assuming that no density bonus is involved in the project. P J Construction Costs Construction costs are the result of the current costs of labor,materials,and short-term financing. Single-family construction costs are estimated to range between $50 and $100 per square foot depending on home design and materials selected. Multi-family construction costs range from $40 and $75 per square foot, again depending on design. The median sale price for a single family home in 1998 in the City was $155,000, according to the California Association of Realtors. Financing Costs Financing costs impact both the purchase price of the unit and the home buyers ability to purchase. Interest rates fluctuate in response to national factors. Currently relatively low (8%to 9%), they can change significantly and substantially impact the affordability of the housing stock. There are no known mortgage deficient areas in the City. Financing for both construction and long term mortgages is available subject to normal underwriting standards. Physical Constraints Maintenance of Housing Stock As housing units age, they become more expensive to maintain. Housing units over 30 years of age can become a burden to the owners, as costs for repairs rise. In Palm Desert, there are 3,545 housing units built before 1970, representing 18% of the City's total housing stock. These units may require continued attention to remain viable housing units. Table IIl-30 Age of Housing Units Year Built No of Units % of Total 1999-3-00 372 1.9% 1995-1998 1,292 6.7% 1990-1994 2,416 12.5% 1980-1989 7,331 38.0% 1970-1979 4,343 22.5% 1960-1969 2,351 12.2% 1940-1959 1,106 5.7% Before 1940 88 0.5% Total 19,299 100% Source: 2000 U.S.Census,City of Palm Desert Environmental Constraints Housing Element 111-103 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Seismicity The City of Palm Desert is located south of the San Andreas Fault. The City is classified as Zone III and IV in the Uniform Building Code for seismic activity. The UBC imposes certain standards for construction in these zones, which may add to the overall costs of housing. These standards, however, are necessary for the public health and safety, and are common throughout the Valley and California. The standards required to protect the City's residents from seismic hazards is not considered a constraint to the provision of housing. HOUSING NEEDS Existing Need Although the Regional Housing Needs assessment included analysis of each community's existing need, the California Department of Housing and Community Development has indicated that the existing need analysis was to be used as a guide in identifying and establishing appropriate programs and policies. The analysis determined that the City should have a total of 15,292 housing units,well below the 28,882 currently occurring in the City. The 1998-2005 Regional Housing Needs Allocation The Regional Housing Needs Assessment was prepared by SCAG. The following table lists the 1998-2005 allocation for the City of Palm Desert. Table I1I-31 Future Housing Needs by Income Category, 1998-2005 Units Very Low Income 77 Low Income 67 Moderate Income 85 High Income 215 Total Units Needed 444 SPECIAL HOUSING NEEDS There are households with identifiable special needs, as defined by California law for which the City must plan. These groups include single parent households, farmworkers, the handicapped and the elderly. Each special needs category is discussed in greater detail below. Farmworkers The 1990 Census showed a total of 217 persons employed in agriculture in Palm Desert in 1990. The changing economy, and the elimination of agricultural lands in the City is likely to have reduced that number further. Year 2000 Census data is likely to show a much smaller number of persons employed in agriculture living in the City. Homeless Housing Element Ill-104 S City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Homelessness is a difficult issue to quantify. The homeless are generally mobile, often crossing from one city or county into another. The mild winter climate in the Coachella Valley may attract the homeless in those months. Hot summer temperatures encourage the homeless to seek daytime shelter in air-conditioned public buildings such as libraries and malls. The primary provider of services to the homeless in the Coachella Valley is Catholic Charities, a non-profit, nondenominational organization. Catholic Charities staff reports that the reasons for homelessness include sudden job loss, illness and lack of medical insurance, family break-ups, and seasonal job layoffs or reduction in hours. Catholic Charities and the County Housing Authority operate a 40 bed emergency shelter for homeless families. The shelter is located in Palm Springs, but serves the entire Coachella Valley region. Shelter From The Storm is a battered women's shelter located in the Coachella Valley. Women and their children generally stay up to 45 days. The Shelter provides three meals a day, counseling and other services. Other homeless individuals not served by the facility at Nightingale Manor include the mentally ill, those with chemical dependencies, and those who voluntarily choose a transient lifestyle. These individuals may be served by the Coachella Valley Rescue Mission, located in Indio, or by the Emergency Cold Weather Shelter, located at the National Guard Armory in Indio, in the winter months. These facilities provide only emergency shelter and do not deal with the causes of homelessness. There is currently a shelter for women in the City of Palm Desert. The Elderly In 2000, the City had 11,339 persons over the age of 65, representing 27.6% of the population. These seniors were in a total of 7,356 households. The Census further indicated that there were 6,176 owner-occupied senior housing units, and 1,661 renter-occupied housing units. Affordability can be an issue of special concern to the elderly, who are often on fixed retirement incomes. In addition, the elderly may require assistance with housekeeping, maintenance, and repairs to remain in their own homes as long as possible. Special design features that may be needed include elimination of barriers such as steps and the provision of recreational and social amenities for the elderly. The City of Palm Desert has a number of facilities for the elderly, including several board and care facilities that house elderly persons who require some level of medical care. The City is also home to several nursing care facilities, including the Carlotta, with 192 beds; Manorcare Health Services, with 178 beds; and Monterey Palms, with 99 beds. The City's seniors also live in its mobilehome parks, as discussed below. Housing Element 111-105 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan(Housing Element Handicapped The 2000 Census identified 7,833 persons in the City with disabilities, of which 3,505 were persons over the age of 65. No data is currently available which correlates disability to income, and not all disabling conditions impact an individual's income or housing needs. Many disabilities, however, lead to special housing needs such as ramps, wider doors and hallways, lower cabinets and countertops, and grab bars. The Americans with Disabilities Act (ADA) requires that all new multi-family construction include a percentage of units accessible to the handicapped. The City of Palm Desert Building Department requires compliance with these standards as part of the Building Permit review and inspection process. AIDS The Desert AIDS Project(DAP)has 50 clients who live in Pam Desert. Although other residents may be HIV-positive, most DAP clients have progressed into the symptomatic stages of the disease. As the disease progresses, persons with AIDS (PWAs) often become unable to work, lose their source of income, and lose their medical insurance. Housing affordable to low-income people, including group homes and hospice care,become special housing needs of PWAs. Large Families The 2000 Census indicates there were 1,052 households with five or more persons in the City. The Census further indicated that 589 of these households lived in owner-occupied housing units, and 463 lived in renter occupied housing units. Large families have a special need for three, four, or more bedroom units. The Census also identified a total of 1,879 housing units with 4 or more bedrooms. No data is available regarding the relationship of these larger units to affordability. Single-Parent Families 2000 Census data indicates there are 1,165 single-parent families in the City, 328 with a male head of household and 837 with a female head of household. Single individuals with dependent children need housing that is both affordable and located close to daycare facilities and schools. Affordable Units at Risk Only one project in the City qualifies as being"at risk."The 26 unit Candlewood Apartments has a 5-year contract with the Department of Housing and Urban Development to remain affordable, and could opt out at the end of each of these contract renewals. Provisions should be made by the City to safeguard these units, should their affordability be threatened. Riverside County Income Limits The 2001 median income calculated for Riverside County for a family of four is $49,900. This is used to calculate very low (50% of median) and low (80% of median) incomes for use in State and federal subsidized housing programs. Housing Element I1I-106 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Table III-32 Affordable Housing,Income Limits County of Riverside, 2001 # of Annual Persons Income Standards Very Low Median Moderate Low 1 $17,450 $27,950 $34,950 $41,950 2 $19.950 $31,950 $39,900 $47,900 3 $22,450 $35,950 $44,900 $53,900 4 $24,950 $39,900 $49,900 $59,900 5 $26,950 $43,100 $53,900 $64,700 6 $28,950 $46,300 $57,900 $69,500 7 $30,950 $49,500 $61,900 $74,300 8 $32,950 $52,700 $65,850 $79,050 Source: California Department of Housing and Community Development,Income Limits for Riverside County,2001 Households Overpaying for Housing The Census estimated the number of households overpaying for housing in 2000 in the City. Overpayment is defined as paying more than 30% of a household's income toward the provision of shelter. 2,192 renter-occupied households were paying more than 30% of their income toward housing expenses in 1990, while 3,450 owner-occupied households were paying more than 30% of their income toward housing expenses. Preservation of Mobilehome Parks as an Affordable Housing Opportunity Traditionally, mobilehome parks have provided an affordable housing opportunity, particularly for senior citizens. Mobilehome parks will have a positive impact on the City's lower-income residents, and their ability to find affordable housing. The City has a total of 1,203 mobile homes currently. Table III-37 provides a listing of the City's mobilehome parks, and their representative rental rates. Table III-33 Representative Mobilehome Park Rental Rates in Palm Desert,2000 Senior Only Monthly Rental Project Name total units Indian Springs(191) Yes $ 380-600 Palm Desert Mobile Estates (142) No 282-330 Silver Spur(219) No 424-485 Suncrest(360) Yes 398-676 Portola Palms 142 No Ownership Source: Terra Nova Planning&Research, Inc. 2000 Housing Element 11I-107 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Apartment Rental Rates The median monthly rental rate for Palm Desert was $616 in 1990. Based on the 30% gross household income standard, a monthly income of $1,850, or annual income of $22,200, was needed to afford a rent of$616 per month. In order to gauge the affordability of housing in the City currently, a telephone survey of representative projects was conducted. Table III-34 Representative Apartment Market Rental Rates in Palm Desert, 2000 Project Name Unit Market Restricted (total units) Size Rental Rental Rate Rate Candlewood(26) 1 Bdrm $400.00 Catalina Garden(72)* Studios $428.00 $227-523 1 Bdrm $525.00 $233-549 Country Club Fstates(141) 1 Bdrm $575.00 Desert Oasis(320) Studios $365.00 1 Bdrm $695-720 2 Bdrm $730-865 3 Bdrm $995-1,075 Desert Pointe (64)* Studios $465.00 $227-523 1 Bdrm $550.00 $233-549 2 Bdrm $635.00 $288-683 Golden Oaks(16) 2 Bdrm $650.00 Laguna Palms(48) Studios $410.00 1 Bdrm $500.00 2 Bdrm $600.00 Las Serenas(150)* 1 Bdrm $500.00 $233-549 Neighbor's Garden(24)* 2 Bdrm $600.00 $288-683 One Quail Place (384)* I Bdrm $640.00 $233-549 2 Bdrm $680-725 $288-683 Palm Desert Apartments(248) Studios $495.00 1 Bdrm $550-575 2 Bdrm $595.00 Palm Desert Palms(40) 2 Bdrm $695-725 Palm Lake Village(220) 1 Bdrm $750-850 2 Bdrm $825-925 Panorama(58) 1 Bdrm $595.00 The Pueblos (15)* 2 Bdrm $3I2.00 $202-312 Rancho Vista(42) 2 Bdrm $800.00 3 Bdrm $1,000.00 San Tropez Villas(512) 1 Bdrm $705.00 2 Bdrm $837.00 Taos Palms(16)* 2 Bdrm $615.00 $241-615 Villa del Sol(32) 2 Bdrm $675.00 •Units owned by the City of Palm Desert Housing Element I11-108 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Clearly, the City's market rate rental housing is at a level which represents an affordable housing opportunity for most households. A very low-income family of 3, based on the 2000 income limits shown in Table III-34, above, would be able to afford an apartment at $534.00 per month. A low-income family of 4 could afford up to $948.00 per month. This results in most families being able to afford the market rate apartments in the City without assistance. Energy Conservation Energy conservation is particularly important in the Coachella Valley, due to the extreme summer heat. Title 24 and Building Code regulations require energy efficiency in all new construction of housing through design features, insulation, and active solar devices. When evaluating energy efficiency standards above and beyond the State-mandated Title 24, local jurisdictions must balance the increase in the cost of housing with the reduction in monthly utility bills for the user. The City's development regulations, building regulations and General Plan enforce the standards required in Title 24, as well as providing encouragement for the use of energy efficient construction techniques. QUANTIFIED OBJECTIVES Table III-35 Quantified Objectives Matrix 1998-2005 Income Category Very Low Low Moderate High Total New Construction 77 67 85 215 444 Rehabilitation 50 65 35 0 100 Conservation 5 5 0 0 10 REDEVELOPMENT AGENCY FUNDING In order to achieve the quantified objectives shown above, the Redevelopment Agency must make certain that adequate funds are available to assist in the development of housing. The Redevelopment Agency receives approximately $7,000,000.00 annually in housing set-aside funds. Of these funds, approximately $3.5 million is allocated to debt service. An additional $700,000 annually is required for administration and other expenses. The Agency has projected that the following projects will be funded during this planning period. Santa Rosa III Substantial Rehabilitation: $1,000,000.00 City Land/145 Multi-Family& 115 Single- Family Ownership New Construction: $14,876,802.00 Single-Family Rehabilitation: $8,100,000.00 Multi-Family Rehabilitation: $2,500,000.00 New Affordable Senior Project: $2,000,000.00 Self Help Housing: $750,000.00 Housing Element 111-109 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element In addition, the Agency may facilitate the issuance of tax-exempt multi-family bonds for both new construction and acquisition and rehabilitation. Two such projects under negotiation by the Agency at this time (2001) include the purchase of 141 apartments on California Street, to be made available to 36 very low, 70 low and 35 moderate-income households; and the development of a 20 unit apartment project on Santa Rosa Way, to include 5 one-bedroom and 15 two-bedroom units, available to 10 very low and 10 low-income households. Finally, two privately funded projects are currently(2001) under way: • The first will result in 612 apartment units to be built in two equal phases. The project is located on Hovley Lane, between Cook Street and Portola. The first phase will be completed in November of 2002, and will include 31 units restricted to low-income households. The second phase will be completed in December of 2003, and will add another 31 units restricted to low-income households. • The second project, to be constructed on California Street, will result in 76 senior units, 8 of which will be restricted to low-income households, and 8 to moderate-income households. The project will be complete in October of 2001. Implementation of these projects is the focus of the goals,policies and programs which follow. PUBLIC PARTICIPATION The City held a number of workshops and public hearings in reviewing this Housing Element. These included a public workshop held by the Housing Commission, which was advertised throughout the City's projects, a public workshop before the General Plan Advisory Committee, and duly noticed public hearings before the Planning Commission and City Council. All these meetings and hearings were fully noticed, with additional notices posted within the City's housing projects. GOALS, POLICIES AND PROGRAMS Goal I A variety of housing types that meet all of the needs for all income groups within the City. Goal 2 The preservation and maintenance of the high quality of the City's affordable housing supply. Policy 1 The creation of new and the preservation of existing affordable housing projects shall be encouraged in all areas of the City. Program LA The Agency shall pursue development of 145 rental and 115 ownership units west of Cook Street,between 42nd Avenue and Merle, as an affordable family project. Responsible Agency: Redevelopment Agency Schedule: 2002-2005 Housing Element III-l10 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Program LB The Agency shall continue to implement the Self Help Housing program, and shall identify 20 households to be assisted by the program in this planning period. Responsible Agency: Redevelopment Agency Schedule: 2004-2005 Program 1.0 The Agency shall continue to subsidize existing affordable housing units in the City, including apartment units it owns now and in the future. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program 1.D The Agency shall maintain the existing resale restrictions and other subsidies on the Desert Rose project. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program LE The Agency shall maintain ownership of its 745 existing rental housing units in order to assure long term affordability for these projects. Responsible Agency: Redevelopment Agency Schedule: Ongoing Policy 2 The City shall continue to strive to meet the State-mandated special shelter needs of large families, female headed households, single parent families, senior citizens, handicapped and homeless individuals and families, and shall consider including units for such households in its projects. Program 2.A The City shall continue to enforce the provisions of the Federal Fair Housing Act. Information on the Fair Housing Act, as well as methods for responding to complaints, shall continue to be available at City Hall in the Housing Manager's office. Responsible Agency: Housing Manager, Redevelopment Agency Schedule: Ongoing Program 2.B The City shall work with the Senior Center and other appropriate agencies in assisting whenever possible in the housing of handicapped residents, through participation by the Redevelopment Agency. Responsible Agency: Redevelopment Agency, Senior Center Schedule: Ongoing Program 2.0 The development of homeless shelters and transitional housing shall be maintained as a conditional use in the R-3 and Planned Residential districts in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Ongoing Housing Element III-III City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Program 2.D The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha's Village and Catholic Charities, to apply to the City for the assignment of CDBG funds for homeless services. Responsible Agency: City Manager's Office Schedule: 2003-04 Program 2.E The City shall encourage the acquisition of existing mobile home parks by non-profit agencies or organizations, in order to preserve their affordability. Responsible Agency: Redevelopment Agency, City Manager's Office Schedule: Ongoing Policy 3 The City shall continue to utilize resale and rental restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval in order to preserve affordable for sale housing units for the long term. Program 3.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 50 households should be assisted every year. Responsible Agency: Housing Manager Schedule: Ongoing Program 3.B Should the Candlewood Apartments opt-out of their HUD contract, the City shall actively participate in the identification of a potential buyer to maintain affordability for this project. The Redevelopment Agency will also assist these organizations in securing financing. Responsible Agency: Redevelopment Agency Schedule: As needed Policy 4 The Redevelopment Agency shall annually allocate funds to eligible projects for review and consideration, in conformance with its Five Year Implementation Plan. Policy 5 The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Policy 6 The City shall continue to address the needs of the senior population in the development of housing. Program 6.A The City shall maintain the Senior Housing Overlay District and the Second Unit Senior Housing standards in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Ongoing Housing Element 111-112 City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element Program 6.11 The Agency shall begin to develop plans for a senior housing project during this planning period. Responsible Agency: Redevelopment Agency, Housing Manager Schedule: 2003-04 Program 6.0 The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Redevelopment Agency,Community Development Department Schedule: Ongoing Policy 7 The City shall implement the State's density bonus law. Policy 8 The City shall encourage the rehabilitation of existing housing units. Program &A The Agency shall annually fund the Single Family Rehabilitation Program, and shall assist 25 households each year. Responsible Agency: Redevelopment Agency, Housing Manager Schedule: 2003-04, Ongoing Program 8.13 The Agency shall establish and fund a multi-family residential rehabilitation program, and assist 30-40 multi-family units during the planning period. Responsible Agency: Redevelopment Agency, Housing Manager Schedule: 2003-04 Policy 9 The City shall maintain the Rental Subsidy Program, the Mortgage Subsidy Program and the Homebuyers Program. Policy 10 Promote the jobs/housing balance through the development of housing with convenient access to commercial land uses, schools, available public transport and employment centers. Policy 11 Encourage energy conservation through the implementation of new technologies, passive solar site planning and enforcement of building codes. Please also see the Energy and Mineral Resources Element. Housing Element 111-113 IIIV 01 PI11M OESERt 73-510 FRED WARING DRIVE .Mo PALM DESERT, CALIFORNIA 9 22.6 0-2 57 8 TEL: 760 346-o6n FAx: 760 341-7098 k%a Mom�, infn@palm-desert.org August 20, 2007 Ms. Nicole Criste Terra Nova Planning & Research, Inc. 400 South Farrell, Suite B-205 Palm Springs, CA 92262 Dear Ms. Criste: RE: Request for Proposal (Housing Element Update) This letter invites you to submit a proposal for professional services for the update of the City's Housing Element as required by the State of California. The selected Consultant shall be responsible for all steps necessary to prepare and process the document including data gathering, public out-reach, study sessions, public hearings, and policy recommendations. The ideal consultant will have experience working with issues relating to Housing Elements and familiarity with the demographics of the City of Palm Desert. Adopted Housing Elements are due to the Department of Housing and Community Development by June 10, 2008. The selected consultant must have the ability to produce the Housing Element within the required time frame and be compliant with all applicable laws. If you choose to submit a proposal for this work, it must contain the following information: 1. Names and resumes of proposed key staff members who will be assigned to this project. 2. Description of three similar projects that you have completed in the past five (5) years. Please include reference names and telephone numbers for the clients. 3. A description of any considerations that make your firm particularly well suited or well qualified for this project. 4. A current rate schedule and an estimate of the man-hours necessary to complete the update of the Housing Element. (This is for information only, and will not serve as criteria for selection.) Please submit three originals of your written proposal to my attention at the Department of Community Development / Planning no later than Friday, September 7, 2007. Selection will be made on the basis of qualifications; fee negotiations with the top-ranked firm will commence promptly after evaluation of the proposals. If you have any questions concerning this project or the consultant selection process, please give me a call to discuss them. My number is (760) 346-0611 ext. 384. 1 look forward to receiving your proposal. Sincere Ryan Stendell Associate Planner rs Attachment Illy Of potm OHIPT CITY 01 P OESERI VAO h 73-510 FRED WAKING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-o6u FAX: 760 341-7098 41 a W_uP info@palm-desert.org August 21, 2007 Mr. Mario Suarez Hogle-Ireland Land Planning & Development 2825 E. Tahquitz Canyon Way, Suite 106 Palm Springs, CA 92262 Dear Mr. Suarez: RE: Request for Proposal (Housing Element Update) This letter invites you to submit a proposal for professional services for the update of the City's Housing Element as required by the State of California. The selected Consultant shall be responsible for all steps necessary to prepare and process the document including data gathering, public out-reach, study sessions, public hearings, and policy recommendations. The ideal consultant will have experience working with issues relating to Housing Elements and familiarity with the demographics of the City of Palm Desert. Adopted Housing Elements are due to the Department of Housing and Community Development by June 10, 2008. The selected consultant must have the ability to produce the Housing Element within the required time frame and be compliant with all applicable laws. If you choose to submit a proposal for this work, it must contain the following information: 1. Names and resumes of proposed key staff members who will be assigned to this project. 2. Description of three similar projects that you have completed in the past five (5) years. Please include reference names and telephone numbers for the clients. 3. A description of any considerations that make your firm particularly well suited or well qualified for this project. t�mm,nwaa rv[ { y 4. A current rate schedule and an estimate of the man-hours necessary to complete the update of the Housing Element. (This is for information only, and will not serve as criteria for selection.) Please submit three originals of your written proposal to my attention at the Department of Community Development / Planning no later than Friday, September 7, 2007. Selection will be made on the basis of qualifications; fee negotiations with the top-ranked firm will commence promptly after evaluation of the proposals. If you have any questions concerning this project or the consultant selection process, please give me a call to discuss them. My number is (760) 346-0611 ext. 384. 1 look forward to receiving your proposal. Sincerely, Ryan Stendell Associate Planner rs Attachment CITY Rf P 0 1 M 0111RI nmaanrmeerutr CIIV OE PuLM OESERI Are73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o611 FAX: 760 341-7098 k%m a ajmol info@pal m-deserr.o rg August 21, 2007 Ms. Candi Booska THE PLANNING CENTER 1580 Metro Dr. Costa Mesa, CA 92626 Dear Ms. Booska: RE: Request for Proposal (Housing Element Update) This letter invites you to submit a proposal for professional services for the update of the City's Housing Element as required by the State of California. The selected Consultant shall be responsible for all steps necessary to prepare and process the document including data gathering, public out-reach, study sessions, public hearings, and policy recommendations. The ideal consultant will have experience working with issues relating to Housing Elements and familiarity with the demographics of the City of Palm Desert. Adopted Housing Elements are due to the Department of Housing and Community Development by June 10, 2008. The selected consultant must have the ability to produce the Housing Element within the required time frame and be compliant with all applicable laws. If you choose to submit a proposal for this work, it must contain the following information: 1. Names and resumes of proposed key staff members who will be assigned to this project. 2. Description of three similar projects that you have completed in the past five (5) years. Please include reference names and telephone numbers for the clients. 3. A description of any considerations that make your firm particularly well suited or well qualified for this project. 4. A current rate schedule and an estimate of the man-hours necessary to complete the update of the Housing Element. (This is for information only, and will not serve as criteria for selection.) Please submit three originals of your written proposal to my attention at the Department of Community Development / Planning no later than Friday, September 7, 2007. Selection will be made on the basis of qualifications; fee negotiations with the top-ranked firm will commence promptly after evaluation of the proposals. If you have any questions concerning this project or the consultant selection process, please give me a call to discuss them. My number is (760) 346-0611 ext. 384. 1 look forward to receiving your proposal. Sincer Ryan Stendell Associate Planner rs Attachment CITY 0 P 0 1 M 6 RI �nrnomnnamrw k -.. Inine HOGL -IRUAND r Riverside A Land Planning&De- elopmenl Consulting Firm - ---- — —-- _. _.. _— _- . _ — .—_ —- _- Palm Springs — July 13, 2007 RECEIVED 18 2007 Laurie Aylaian Director of Community Development ;pMMUNITYDEVELOPMENTOEPARTMENT City of Palm Desert CITY OF PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Contract Planning Services Dear Ms. Aylaian: Hogle-Ireland has an office located in Palm Springs, which serves the Coachella Valley, and can assist in a variety of planning responsibilities when demands are high or to augment City Staff needs. We can provide proposals for the provision of contract planning services at your request. Our objective is to be as flexible as possible in meeting your needs. In addition to contract services related to current planning, we are proficient in developing Zoning Codes, preparing Specific Plans, preparing CEQA and NEPA documentation for projects, developing G ap lc ton Systems (GIS), updating development processing fee programs, d developing Quimby mark fee) programs. Furthermore, we have a team that can prepare ousin Element update as qulred by the State of California. We also have urban design se o assist in developi g downtown projects or other design-oriented projects. We consider ours city contract planning firm. We would like to take about 0 minutes of your time to introduce myself and a Partner from Hogle-Ireland to go over our PI ning services and any Planning needs you may have. We will call you next week to see when u are available to meet with us, or please feel free to call me at 760-327-9042 or e-mail at msuar ho leireland.com. We look forward to meeting with you. Sincerely, l Mario Suarez, AICP Project Managery3,A� tea 2825 E. 'rahyui,z(anon )Kacllnitc 106 1 alm Spring,, CA 9,2?62 ' a - t- iC0.3-7.9U4^_ . I> f: ,60.32 7,t U87 wm%c.hoglcircland.com 63� �°� • 2J� N U 1 � i� 7 f OCL j O @ g Y _ p d � t p 8 cb R y5 � e 00 OrncnA W N 3 0 o � - SG) mmoowwav- .; j w CD W 3 a - - CD 3 <D a D N 0 o y m to v dCD o U CD J O D 2 j W rn � o co W ' _ co O OAi in 0 0 N C I 0 0 0 0 W p„ A XK9AXTT-.- 000 CD V Q co 0 0 0000 0 CO) A �1TJ �J �1 :0 SSS �7A � :USS :U �o COD � m ;o ;7T1AZ7 1 7ZI � � TIZ1Z7Z7Z1A� °m 222222 22222222222 °: fl. 000000 00000000000 p r 0 A A A A A A A A A A A A A A A A A N � W OO (D C m d Z r 0 A V A CD O V O W A N M O A A W w A 0 IV A N co 010 O O CD0 O)O A A 0 0 0 0CD N C 2 N N N N N N N N N N N N N N N N y N N N N N N N N N N N N N N N N N O T CD O 2 O Z p C m W d N A N W. cn A V A N W ri N N m W N A m O O O O O O O N IV O O A A N O O O W O O O O O 0 0 0 0 0 p > > 0 0 0 0 0 7 7 7 fll C (D mfD fD fD'tD cD N fD N2. � N N C O 'o W a W m -0 j 0 c CDCD oCD c O O O N W O O C n C 7 n C G n W � a m 0v co - m o � o •J N N O O � O A Q7 v v cc CD N O C" O O O N O NN m ' 00 p O cow 0 0 N N 0 0 0 0 TN/City of Palm Desert -General Plan/Housing Element HOUSING ELEMENT PURPOSE Providing all residents of Palm Desert with a safe and affordable residence is the ultimate goal of this Element. The Housing Element is designed to guide the City's elected and appointed officials, as well as City staff and the general public, in locating and constructing housing to accommodate all segments of the community. The City has been active in adding to its inventory of affordable housing units in the 1998-2006 planning period,and continues to strive to provide quality housing for all its residents BACKGROUND The Housing Element works hand in hand with the Land Use Element to balance the land uses available in the City to accommodate future growth. Land use designations are designed to accommodate all types of housing, to allow for the development of single family and multi- family units to meet the needs of the City's residents, now and in the future. The Housing Element includes a description of existing housing types, condition of existing units, overcrowding, overpayment, special housing needs, and the demand for affordable housing in the City.The Element also includes an analysis of the progress made since the drafting of the last Housing Element,and projections of needs for the 2006-2014 planning period. California Law California Government Code requires that every City and County prepare a Housing Element as part of its General Plan. In addition, State law contains specific requirements for the preparation and content of Housing Elements. According to Article 10.6, Section 65580,the Legislature has found that: (1) The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. (2) The early attainment of this goat requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. (3) The provision of housing affordable to low and moderate income households requires the cooperation of all levels of government. (4) Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. Housing Element III-I TN/City of Palm Desert General Plan/Homing Element (5) The legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community, goals set forth in the General Plan and to cooperate with other local governments,and the state,in addressing regional housing needs. Section 65581 of the Government Code states that the intent of the Legislature in enacting these requirements is: (1) To assure that local governments recognize their responsibilities in contributing to the attainment of the State housing goal. (2) To assure that cities and counties prepare and implement housing elements which, along with federal and State programs,will move toward attainment of the State housing goal. (3) To recognize that each locality is best capable of determining what efforts are required by it to contribute to the attainment of the State housing goal as well as regional housing needs. (4) To ensure that each local government cooperates with other local governments to address regional housing needs. Government Code Section 65583 outlines the required content of all housing elements including identification and analysis of existing and projected housing needs, and a statement of goals, policies, quantified objectives, and scheduled programs for the preservation, improvement, and development of housing. Specific requirements include the following: (1) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The analysis should include population and employment trends; documentation of household characteristics; inventory of land suitable for residential development; governmental and other constraints to new housing development; analysis of any special housing needs and an assessment of existing affordable housing developments. (2) A program which sets forth a five-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the objectives of the housing element in order to meet the housing needs of all economic segments of the community. California law also requires that the Housing Element be consistent with the balance of the General Plan The update of the Element was considered in the context of the balance of the General Plan and found to be consistent. Any future amendment of any portion of the General Plan including this element,will be analyzed to assure internal consistency Formatted:Font:Not gad Evaluation of Existing Housing Element Policies and Programs Policy 1 The creation of new and the preservation of existing affordable housing projects shall be encouraged in all areas of the City. Housing Element I11-2 TNICity of Palm Desert General Plan/Housing Element Program LA The Agency shall pursue development of 162 rental and 117 ownership units west of Cook Street,between 42nd Avenue and Merle, as an affordable family project. Of the 162 rental units, 154 shall be restricted to very low income households, and 8 shall be restricted to low income households. Responsible Agency: Redevelopment Agency Schedule: 2002-2005 Evaluation: 162 rental units were developed in 2003, consisting of 73 very low income and 89 low income units. The Agency also planned the development of 27 very low and low income ,senior rental units at the La Rocca Villas project during the previous planning period. The Falcon Crest project will consist of 93 ownership units, 13 of which will be available to low income owners, and 80 of which will be available for moderate income owners. Program 1.B The Agency shall continue to implement the Self Help Housing program, and shall identify 20 households to be assisted by the program in this planning period. Responsible Agency: Redevelopment Agency Schedule: 2004-2005 Evaluation: There were six lots donated for self-help housing wets to be built in the planning period, and 14 additional units are planned and will be constructed in the coming planning period. The. Agency will continue to work with agencies such as Habitat for Humanity and Coachella Valley Housing Coalition to identify additional properties where self-help units may be implemented. Program LC The Agency shall continue to subsidize existing affordable housing units in the City, including apartment units it owns now and in the future. Responsible Agency: Redevelopment Agency Schedule: Ongoing Evaluation: The Agency owned 745 units at the beginning of the previous planning period. During the previous planning period, the Agency also acquired, restricted or constructed 420 additional units, including 141 units at California Villas, 48 units at Laguna Palms, 66 units at Country Village, and 30 units at Candlewood. 1n addition, 15 units at Villas on the Green, 31 units at Canterra, 64 units at the Enclave, 21 units at Emerald Brook and two units each at River Run One and Pacific Assisted Living were realized through density bonus provisions by third parties. Program LD The Agency shall maintain the existing resale restrictions and other subsidies on the Desert Rose project. Responsible Agency:Redevelopment Agency Schedule: Ongoing Housing Element Ili-3 TN/City of Palm Desert General Plan/Homing Element Evaluation: The Desert Rose project continues to be a fully functioning project with income and affordability restrictions in place as they have been since its construction. There are 161 homes in the project, 24 of which are owned by very low income households, 108 by low income households, and 29 by moderate income households. The Agency intends to maintain the affordability,ofthis ownership project through the next planning period and beyond. Program LE - The Agency shall maintain ownership of its 745 existing rental housing units in order to assure long term affordability for these projects. Responsible Agency: Redevelopment Agency Schedule: Ongoing Evaluation: The Agency has maintained ownership of the 745 units since the beginning of the previous planning period, and has purchased or constructed additional units. See Program I.C., above. Policy 2 The City shall continue to strive to meet the State-mandated special shelter needs of large families, female headed households, single parent families, senior citizens, handicapped and homeless individuals and families, and shall consider including units for such households in its projects. Program 2.A The City shall continue to enforce the provisions of the Federal Fair Housing Act. Information on the Fair Housing Act, as well as methods for responding to complaints, shall continue to be available at City Hall in the Director of Housing's office. Responsible Agency:Housing Department,Redevelopment Agency Schedule: Ongoing Evaluation: The City maintains literature at City Hall relating to tenant rights and other Fair Housing Act issues as well as at each of the Agency's rental properties. The Redevelopment Agency also refers complaints to the Fair Housing Council of Riverside County. Program 2.13 The City shall work with the Senior Center and other appropriate agencies in assisting whenever possible in the housing of handicapped residents, through participation by the Redevelopment Agency. Responsible Agency:Redevelopment Agency,Senior Center Schedule: Ongoing Evaluation: The Redevelopment Agency accommodates the Americans with Disabilities Act (ADA) in all its projects, atd provides for ADA accessible or adaptable units in its new projects. In addition,privately developed projects are required to meet currentADA standards. Program 2.0 The development of homeless shelters and transitional housing shall be maintained as a conditional use in the R-3 and Planned Residential districts in the Zoning Ordinance. Responsible Agency: Community Development Department Housing Element Ill-4 TWCity of Palm Desert General Plan/Housing Element Schedule: Ongoing Evaluation: The City is home to a Shelter from the Storm facility which provides 20 two- bedroom transitional units for women and their children. In addition, the City is participating in the regional homelessness program being developed through the Coachella Valley Association of Governments (see Homelessness section, below). The City's Zoning Ordinance continues to allow homeless shelters as a conditional use. Program 2.D The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha's Village and Catholic Charities,to apply to the City for the assignment of CDBG funds for homeless services. Responsible Agency: City Manager's Office Schedule: 2003-04 Evaluation: The City annually receives requests from a number of organizations for assistance - through the CDBG program. In the previous planning period, the City provided CDBG funds to organizations such as the Shelter from the Storm, the Fair Housing Council and the Riverside County Department of Social Services far homeless programs. Program 2.E The City shall encourage the acquisition of existing mobile home parks by non-profit agencies or organizations,in order to preserve their affordability. Responsible Agency: Redevelopment Agency,City Manager's Office Schedule: Ongoing Evaluation: The City has not acquired mobile home parks through this program, nor have third party organizations done so. However, during the planning period the City made several efforts to preserve affordability of an existing mobile home park, including the submission of an application to the State of California Water Quality Resources Control Board for sewer conversion grant assistance. The application for grant assistance by the City on behalf of the Indian Springs Mobile Home Park to the State of California Water Quality Resources control board was not selected. Additionally, the City has implemented a mobile home improvement program as part of its Home Improvement Program as well as an ongoing code compliance program to assure that the quality of life within mobile home parks is maintained. This program ofmaintenance and improvement shall be continued in the current planning period. Policy 3 The City shall continue to utilize resale and rental restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval in order to preserve affordable for sale housing units for the long term. Housing Element III-S TN/City of Palm Desert _ General Plan/Housing Element Program 3.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 50 households should be assisted every year. Responsible Agency: Housing Department Schedule: Ongoing Evaluation: The number of Section 8 assisted households varies from year to year in the City, but currently totals about 129 annually. There are currently approximately 35 Section 8 households in Agency owned properties. This program will be ongoing. Program 3.13 Should the Candlewood Apartments opt-out of their HUD contract, the City shall actively participate in the identification of a potential buyer to maintain affordability for this project. The Redevelopment Agency will also assist these organizations in securing financing. Responsible Agency:Redevelopment Agency Schedule: As needed Evaluation: The Candlewood Apartments were purchased by the Redevelopment Agency during the previous planning period, and currently remain affordable to very low (23 units), low (4 units) and moderate (3 units) income senior households. This program was successfully completed and will not be extended to the current planning period. Policy 4 The Redevelopment Agency shall annually allocate funds to eligible projects for review and consideration,in conformance with its Five Year Implementation Plan. Evaluation: The Redevelopment Agency prepares its 5 year Implementation Plan on the State mandated schedule. This Plan requires that the Agency allocate funds for projects through each five year cycle. In addition, the Agency regularly reviews revenues and opportunities, and adjusts future expenditures based on these opportunities. This policy is ongoing. Policy 5 The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Evaluation: The City has not included the deferral or reduction offees in past projects, but has used a variety of means, including density bonus and variations on development standards, to facilitate affordable housing production by private parties. The City Council continues to have the ability to include fee waivers or deferrals for affordable housing projects in the future. Policy 6 The City shall continue to address the needs of the senior population in the development of housing. Program 6.A The City shall maintain the Senior Housing Overlay District and the Second Unit Senior Housing standards in the Zoning Ordinance. Responsible Agency: Community Development Department Housing Element , III-6 TN/City of Palm Desert General Plan/Flousing Element Schedule: Ongoing Evaluation: The City continues to include the Senior Overlay District and Second Unit Senior Housing standards in its Zoning Ordinance. Program 6.B The Agency shall begin to develop plans for a senior housing project during this planning period. Responsible Agency: Redevelopment Agency,Housing Department Schedule: 2003-04 Evaluation: The Redevelopment Agency planned the La Rocca Villas project during the past planning period, which will provide 27 senior units for very low and low income households. Program 6.0 The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Redevelopment Agency,Community Development Department Schedule: Ongoing Evaluation: The assisted living projects in existence in the City at the beginning of the previous planning period continue to operate in the City. Policy 7 The City shall implement the State's density bonus law. Evaluation: The City implemented the State's density bonus law during the previous planning period to assure compliance with the latest State requirements. This program is ongoing. Policy 8 The City shall encourage the rehabilitation of existing housing units. Program&A The Agency shall annually fund the Single Family Rehabilitation Program, and shall assist 25 households each year. Responsible Agency: Redevelopment Agency,Housing Department Schedule: 2003-04,Ongoing Evaluation. The Agency continues to operate several home improvement programs which include grants and low interest loans. Grants vary in amount from$5,000 to$20,000 depending on household income and type of improvement. Loans are available up to$45,000 depending on household income and type of improvement. Types of improvements range from emergencies, lead and asbestos abatement, and energy efficiency upgrades as well as overall home improvement for health and safety issues. The Agency also maintains a Matching Fund grant program, which matches up to $5,000 for eligible very low, low and moderate income households. No applicant has been denied due to lack offunding, and 191 households were assisted in the previous planningperiod. Housing Elemcm III-7 TN/City of Palm Dcscrt General Plan/Homing Element Program S.B The Agency shall establish and fund a multi-family residential rehabilitation program,and assist 30-40 multi-family units during the planning period. Responsible Agency: Redevelopment Agency,Housing Department Schedule: 2003-04 Evaluation: The Agency funded rehabilitation programs for Agency owned properties throughout the previous planning period. The Agency has not received or identified rehabilitation requests from private owners which could be funded through this program. As a rule, requests for assistance from privately owned apartment projects have been for purchase of those units, rather than rehabilitation. The Agency acquired California Villas and Country Village Apartments (formerly market units) during the previous planning period, which the Agency rehabilitated and converted the units to affordable housing. California Villas was substantially rehabilitated and Country Village was undergoing a site analysis for future increased affordable opportunities. The Agency acquired Candlewood Apartments and Laguna Palm in anticipation of the expiration of affordability restrictions. Please see the Existing Housing Projects section for details on these projects. Altogether, these projects provide 285 units of very low, low or moderate income housing in the City. Policy 9 The City shall maintain the Rental Subsidy Program, the Mortgage Subsidy Program and the Homebuyers Program. Evaluation: The Redevelopment Agency maintained a Rent Subsidy Program and assisted families that were overburdened in housing cost or were overcrowded to obtain suitable housing. The Redevelopment Agency has a First Time Homebuyer Program at Desert Rose and Falcon Crest, and other various location throughout the City and has assisted 207 single family homes which have been .sold to 45 very low income households, 130 low income households, and 30 moderate income households. These homes all have long term resale restrictions which assure their affordability. Policy 10 Promote the jobs/housing balance through the development of housing with convenient access to commercial land uses,schools,available public transport and employment centers. Evaluation: With adoption of the General Plan in 2004, the City established the University Park Master Plan area, which provides a broad mix of land use designations for an area encompassing 2,230 acres. The University Park is focused on the California State University campus, and includes newly developed office and retail commercial development, and areas for high density residential development. Please see the Land Inventory section below for details on the lands available for housing in this area. Policy 11 Encourage energy conservation through the implementation of new technologies, passive solar site planning and enforcement of building codes. Please also see the Energy and Mineral Resources Element. Housing Element 111-8 TN/City of Palm Desert General Plan/Housing Element Evaluation: Through the Home Improvement Program, the Agency operates two programs for very low, low and moderate income households to promote energy conservation: the Drought Tolerant Landscaping Retrofit Program, which provides loans in the amount of$7,500 at a 3% interest rate for very low, low and moderate income households to convert landscaping to drought tolerant, low water using landscaping; and the Energy Efficiency Upgrade Program, which coordinates available energy efficient conversions with the Energy Management office at the City. In addition, the City has adopted an Energy Conservation Ordinance ,for the construction of all projects, and includes "Green" improvements in all Agency construction projects to the greatest extent possible. This has included the installation of solar panels at Falcon Crest, La Rocca Villas and Palm Village, Housing Element ❑1-9 TN/City of Palm Desert General Plan/Housing Element DEMOGRAPHIC INFORMATION This section provides the demographic background for the residents of Palm Desert. The information is primarily based on 2000 U. S. Census data. Where more current data is available, it has been included in addition to the Census information. _ REGIONAL SETTING The City of Palm Desert is located in the Coachella Valley, in eastern Riverside County. Riverside County grew from 663,923 in 1980 to 1,110,000 in 1990, an increase of 67%. By the year 2000, the U.S. Census estimated that population in the County had grown to 1,545,387. Since the completion of the Census, the Department of Finance (DOF) has annually estimated population growth. The DOF estimated that in January of 2009, Riverside County had a population of 2,107,653,an increase of 36%over the 2000 population. Historic and Current City Population Palm Desert has also experienced a rapid rate of growth. In 1990, the Census reported a population of 23,252 in the City. From 1990 to 2000, the City's population grew to 41,284, an increase of 77% in ten years, and an average annual increase of just under 6.25%. By 2009, the DOF estimated that the City's population had grown to 51,509(including population from newly annexed areas),an increase of 24.7% in nine years. The City has grown at a rate slower than that of the County as a whole. Population by Age Group and Ethniciri The Coachella Valley has historically been a retirement area, and Palm Desert is no exception. The City's median age rose from 42.3 in 1990 to 48.0 in 2000. With the continuing aging of America, it is expected that this trend will continue. Table III-14 illustrates the 2000 Census estimates for population by age group. Table III-14 Age Distribution,2000 Age Number %of Total Under 19 7,744 18.8% 20-34 6,030 14.6% 35-44 5,372 13.0% 45-64 10,728 26.0% 65+ 11,410 27.6% Total 41,284 100% Source: 2000 U.S.Census Table III-15 lists the ethnic distribution.for Palm Desert in 2000. Housing Element III-10 TN/City of Palm Desert General Plan/Housing Element Table III-15 City of Palm Desert Ethnic Characteristics,2000 Number % of Total White 35,961 87.1% Black 493 1.2% Native American 130 0.3% Asian&Pac. Islanders 1,061 2.6% Other 3,639 8.8% Total 41,284 100% Hispanic 7,031 17.0% Note: the ethnic population numbers may seem distorted because the U.S. Census does not consider Hispanic ancestry to be a race. For this reason, some Hispanics choose to list themselves under the classification for other races. Source: 2000 Census of Population and Housing Household Size and Income The City had a total of 19,370 households in 2000. By 2009, the DOF estimated that there were 23,712 households in the City. Median household income in the City in 1990 was $37,315, slightly higher than the County median income, which stood at $36,000 fdr the same time period. In 2000, median household income had risen to$48,316.The following Table lists the number of households in each income range in 2000. Table III-16 City Household Income Distribution,2000 - Income No.of HH %of Total Less than$10,000 1,413 6.5% 10,000-14,999 1,043 5.4% 15,000-24,999 2,128 11.0% 25,000-34,999 2,306 11.9% 35,00049,999 3,111 16.1% 50,00-74,999 3,715 19.2% 75,000-99,999 1,938 10.0% 100,000-S149,000 1,919 9.7% $150,000-$199,999 815 4.2% $200,000+ 982 5.1% Total 19,370 100%* Source: 2000 U.S.Census *Differences due to rounding. The Census identified 538 families living below the poverty level in Palm Desert in 2000, of which 158 were female-headed households. Of the total female-headed households, 107 had children. Housing Element 111-I l TN/City of Palm Descrt General Plan/Housing Element Employment and Major Employers The Census data also provided information on employment distribution in 2000. Of a total workforce of 17,384,the largest sectors for employment were retail trade and services. Table I11-17 City Employment by Industry,2000 Industry No. of %of Total Employees Agriculture/Forest/Fish/Mining 82 0.5% Construction 1,427 8.2% Manufacturing,Durables 492 2.8% Wholesale Trade 390 2.2% Retail Trade 2,167 12.5% Transportation,warehousing& utilities 530 3.0% Information 372 2.1% Finance, insurance&real estate 1,705 9.8% Professional,scientific,management &administration 1,806 10.4% Educational,health&social services 3,051 17.6% Arts,entertainment,recreation, accommodation&food service 3,760 21.6% Other services(except public administration 992 5.7% Public Administration 610 3.5% Total Employment by Industry 17,384 100% Source: 2000 Census Housine Characteristics The 2000 Census showed a total of 28,071 housing units in the City in 2000, while the DOF estimates that the City has 34,329 housing units in 2009,as demonstrated in Table III-18. Housing Element 111-12 TN/City of Palm Desert General Plan/Housing Element Table III-18 City Housing Characteristics Units in Structure 2000* 2009** Single Family,detached 11,120 13,571 Single Family,attached 9,551 9,697 2-4 Units,Multi-family 2,463 2,541 5+Units,Multi-family 3,738 5,208 Mobile homes 1,199 3,312 Total 28,071 34,329 *Source: 2000 US Census **Department of Finance,January 2009 estimates Age of Housing Stock The Census identified a total of 19,299 occupied housing units in 2000. Of these, 7,888 were built before 1980, while 11,411 were less than 20 years old. From 2000 to 2009, an additional 6,258 units were constructed,of which 4,321 are estimated to be occupied. Table III-19 Age of Occupied Housing Units Year Built No of Units %of Total 2000-2009 4,321 18.3% 1999-2000 372 1.6% 1995-1998 1,292 5.5% 1990-1994 2,416 10.2% 1980-1989 7,331 31.0% 1970-1979 4,343 18.4% 1960-1969 2,351 10.0% 1940-1959 1,106 4.7% Before 1940 88 0.4% Total 23,620 100% So : 2000 U.S.Census,J)Vanment of Fi nw 2009 Vacancy Status The 2000 Census showed a total of 8,701 of the City's total 28,071 housing units to be vacant, for an overall vacancy rate of 31.2%. Correcting for seasonal or recreational units, which are considered vacant by the Census but are not available or used for permanent occupancy, the vacancy rate decreased to 6.3% in 2000. In 2009, the DOF estimates that 30.94% of the City's housing stock is vacant, which adjusted for seasonality, results in a net vacancy rate of 5.98%. The vacancy rate in the City has remained consistent during the last eight years. Housing Element III-13 TN/City of Palm Desert General Plan/Homing Element Table III-20 Vacancy Status—2000 Unit Type No.of Units %of All Vacant Units For Rent 562 6.4% For Sale 351 4.0% Rented or Sold,not occupied 192 2.2% Seasonal,Recreational or Occasional Use 7,005 79.9% For Migrant Workers 0 0.0% Other Vacant 662 7.5% Total 8,772 100% Source: 2000 Census Housing Tenure Housing tenure for occupied units only in 2000 is shown in Table I11-21. Table III-21 Housing Tenure—2000 Unit No.of Units % Owner Occupied 12,964 67.2% Renter Occupied 6,335 32.8% Total 19,299 100% sou,ce: 2000 Census Overcrowdine The California Department of Housing and Community Development (HCD) establishes a standard of 1.01 persons per room as the criteria for defining"overcrowded'housing conditions. Overcrowding is one of the specifically identified issues that must be addressed in the Housing Element.Table 11I-22 illustrates the Census estimates for persons per room.The Table illustrates that a total of 977 housing units in Palm Desert were overcrowded in 2000,representing 5.1%of the total occupied housing units in the City.Of the overcrowded units,678 were renter-occupied, and 299 were owner-occupied. Hoaxing Elemcnt 111-14 TN/City of Palm Desert General Plan/Housing Element Table HI-22 Overcrowding,2000 Persons/Room No.of HH Owner-Occupied Units 0.50 or less 10,938 0.51 to 1.00 1,727 1.01 to 1.50 180 1.51 to 2.00 87 2.01 or more 32 Renter-Occupied Units 0.50 or less 3,830 0.51 to 1.00 1,827 1.01 to 1.50 278 1.51 to 2.00 249 2.01 or more 151 so.� 2000C�w. HousingValues alues The 2000 Census estimated values for owner-occupied single family homes in the City. These are listed in Table III-23. Table I11-23 Values,Specified Owner-Occupied Housing Units,2000 Value Number Less than$50,000 86 $50,000 to 99,999 1,056 $100,000to 149,999 2,714 $150,000 to 199,999 1,982 $200,000 to 299,999 2,554 $300,000to 499,999 1,743 $500,000 to 999,999 647 $1,000,000 or more 152 Source:2000 Census The median housing unit value in 2000 was$189,100. For renters,the median contract rent at that time was$744.00. Current housing values and rental rates are further discussed below in the section titled`Economic Constraints". Housing Element 111-15 TN/City of Palm Desert General Plan/Housing Element EXISTING AFFORDABLE HOUSING PROGRAMS There are a number of projects and programs available in Palm Desert which provide a variety of services to the City's residents. In addition, regional, state and federal programs can also be accessed within the community. This section of the Housing Element provides a summary of programs available by a number of agencies. City Programs The City's affordable housing programs are provided through its Redevelopment Agency. The Agency maintains a Five Year Implementation Plan which includes an Affordable Housing Strategy& Compliance Plan. The latter provides specific allocations for assistance programs for the period from 2006 through 2014,which are briefly described below. Rental Assistance Program Owners of single-family homes, condominiums, mobile homes or apartments who rent to very low, low, and moderate income tenants may receive direct rental payment assistance from the Agency. The owner must, in exchange for the assistance, enter into a recorded agreement with the Agency assuring affordability of the rental units for 55 years. Acquisition,Rehabilitation and Resale This program allows the Agency to purchase existing market rate single family units,rehabilitate and refurbish them, and re-sell them to lower income households with affordability covenants. The Agency has completed three(3)units through this program.This program is also the funding mechanism established to repurchase single family units that are restricted as affordable in the event a qualified buyer cannot be identified prior to the expiration of the Agency's option to repurchase. The Agency opts to repurchase these units in order to maintain affordability of the unit and currently has five(5)such homes awaiting qualified buyers. Mortgage Assistance Program Very low, low, and moderate income owners of single-family homes,condominiums and mobile homes may receive assistance if their mortgage payment exceeds 30% of their income. Assistance is provided directly by the Redevelopment Agency. In exchange for the assistance, the home owner is required to enter into a recorded agreement with the Agency assuring affordability of the home for 45 years. This program is also the funding mechanism established in order to preserve Indian Springs Mobile Home Park's affordability. The City received a request from the current Owner to convert Indian Springs Mobile Home Park into a resident-owned development. The tentative Tract Map 31862 has been approved and currently the subdivision is pending DRE submission and approval. The City of Palm Desert and the Palm Desert Redevelopment Agency,will offer purchase money financing to certain extremely low,very low and low income households for the purchase of real property during the upcoming planning period. Housing Element 111-16 TN/City of Palm Desert General Plan/Housing Element Homebuyers Assistance Program The Agency will provide assistance to very low, low, and moderate income persons in the form of low interest loans to be applied to down payment,non-recurring closing costs,reduction of the interest rate on the first trust deed, or any other cost associated with the purchase of a home, condominium or mobile home.There are currently 303 homes in this program. Self-Help Housing The City and Agency will assist very low, low and moderate income households in constructing and purchasing their own home on existing lots of record within the City. There are currently 17 contracts with individual households in place for such assistance during this planning period,and funding has been allocated throughout the planning period. During the previous planning period, the Agency also set aside 14 lots for a future self-help development along Merle Drive, and in 2009 completed a Request for Proposals (RFP) for development. No responses were received for the RFP. Staff will revise the RFP to include assistance to the homebuyers for their down payment or closing costs and re-advertise the opportunity. Home Improvement Program The Agency assists very low, low and moderate income households with home repairs by providing grants and low interest loans to program participants. The program has eight (8) components: • The Emergency Grant Component allows up to $7,500 for very low and $5,000 for low income households for emergency repairs to their homes. • The Rehabilitation Grant Component will grant up to$20,000 for home improvements to very low income households. • The Matching Fund Grant Component will match up to $5,000 in home improvements with a homeowner who contributes the same amount or more to the improvements. This grant is available to very low and low income households. • The Rehabilitation Loan Component allows up to $35,000 for active loans and $45,000 for a deferred loan for home improvements to low and moderate income households, respectively. • The Drought Tolerant Landscape Retrofit Loan Component allows up to $7,500 in - improvements that intend to reduce the consumption of a natural resource for very low, low and moderate income households. • The Make a Difference Volunteer Assistance Component organizes community involvement through volunteers for very low,low and moderate income households. • The Acquisition, Rehabilitation, Resale Component allows the Agency to acquire properties available on the market for the purpose of rehabilitation and resale to a qualified household. • The Lead and Asbestos Abatement Component will grant $7,500 to remove lead and asbestos from the homes of very low and low income households. Housing Element 111-17 TN/City of Palm Desert General Plan/Homing Element County and Federal Programs There are numerous programs available to provide rental assistance and to encourage the construction of new affordable housing. The following programs are available in the City of Palm Desert: Section 8 Housing Assistance The Riverside County Housing Authority provides HUD Section 8 rental assistance to lower income renters within the City. The Authority annually subsidizes approximately 50 households in the City. Fair Housing Programs The City works with the County of Riverside Fair Housing Chapter to provide anti- discrimination, landlord-tenant mediation, fair housing training and technical assistance, enforcement of housing rights,administrative hearings,home buyer workshops, lead-based paint programs,and other housing related services for City residents. AFFORDABLE HOUSING DEVELOPMENTS The City of Palm Desert Redevelopment Agency purchased 8 housing complexes in 1998 to provide a. wide range of housing for lower income residents. Since that time, an additional 7 complexes have either been acquired or constructed by the Agency in the City. Each of these complexes is described below. Agency Owned Family Apartments One Quail Place provides 384 one and two-bedroom apartments available to lower income ranges. There are 279 very low, 81 low, and 18 moderate income households currently living in the complex. Desert Pointe is a 64 one and two-bedroom unit project which currently houses 51 very low- income households,6 low-income households,and 2 moderate income households. Neighbors Garden Apartments has a total of 24 two-bedroom units, 21 of which are rented by very low-income households, 1 of which are low-income tenants, and 1 is rented to moderate income tenants. Taos Palms provides 16 two-bedroom units to 6 very low, 9 low and 1 moderate-income households. California Villas is a 141 unit project which provides one bedroom units to 107 very low, 16 low and 9 moderate income households.The complex was acquired in March 2003. Laguna Palms provides 48 units which include 4 studios, 16 one bedroom and 28 two bedroom units to 39 very low income, 7 low income and 1 moderate income tenants. The complex was acquired in July 2003, Housing Element III-18 TN/City of Palm Desert General Plan/Housing Element Country Village Apartments was acquired as a 66 studio property and converted to provide 72 senior units, of which 30 are occupied by very low income households, 30 by low income households, and 12 by moderate income households. The complex was acquired in September 2005. Sagecrest Apartments is a 15 unit project which provides two bedroom units to 5 very low,9 low and I moderate income households.The property was acquired in February 2008. Agency Owned Senior Apartments The Pueblos originally provided 15 units. In 2008 the Agency acquired an adjacent property and combined the complexes for a total of 18 one-bedroom, 1 three bedroom unit for a total of 19 units to 15 very low,3 low and I moderate income senior households. Catalina Gardens provides 72 studio and one-bedroom apartments to 62 very low, 6 low, and 3 moderate income senior households. Las Serenas Apartments has 150 one-bedroom units rented to 121 very low-income, 17 low- income,and 6 moderate-income seniors. Candlewaood Apartments provides a total of 30 one and two bedroom units to 26 very low, 3 low and 1 moderate income senior households. Affordable Units Built in the 2006-2014 Planning Period Palm Village Apartments provides 36 two bedroom units for 29 very low, 5 low and 2 moderate income household. The project consists of new construction, and was completed in November 2007. La Rocca Villas provides 27 one bedroom units for 21 very low and 6 low income senior households.The project was newly constructed,and opened in November of 2007. Affordable Ownership Projects Desert Rose, a 161 unit single-family project, was developed in 1996. The units are restricted for a period of 30 years to purchasers in the very low,low,and moderate-income categories. The project includes 25 very low income, 100 low-income and 36 moderate-income households. Facilities within the project include community recreation and daycare. _ The Rebecca Road and San Marino Homes were part of the Acquisition Rehabilitation Resale program. Three single-family homes were rehabilitation and resold with resale restrictions for low and moderate income households. Housing Element III-19 TN/City of Palm Desert General Plan/Housing Element Coachella Valley Housing Coalition constructed a total of 11 self-help homes restricted to very low and low income households, that purchased the homes through low interest loans and sweat- equity programs. Habitat for Humanity constructed 6 single-family homes, which are restricted to very low- income households,that were purchased through low interest loans and sweat-equity programs. Building Horizons homes were built as part of a vocational high school program, and provide 2 single-family homes for low-income households,with 30-year resale restrictions. Falcon Crest provides 93 single family homes for 13 low and 80 moderate income households. The project includes resale restrictions for a 45 year time period. Portola Palms Mobile Home Park includes 23 mobile homeowners, 16 of which are very low income,and 7 of which are low income.The project includes resale restrictions for 30 years. Other Affordable Projects The Regent (formerly Sevilla or San Tropez) Apartments has 512 one and two-bedroom units, 103 of which must be restricted to low income households, in exchange for participation in the City's Density Bonus Program. The balance of the units are available to market households. Hovley Gardens is a private project which received Agency assistance and tax credits, and constructed 162 two, three and four bedroom rental units available to very low and low income households.The project was completed in 2003. Canterra, which consists of a total of 306 units, includes 31 units affordable to very low and low income tenants. The units were created through the City's density bonus program. The Agency hopes to double the number of affordable units within this project during this planning period (please see the policies and programs below). Villas on the Green, which consists of a total of 76 units, includes 15 studio and one bedroom units for persons over 55 years of age in the very low,low and moderate income categories. The units were created through the City's density bonus program. The Enclave, which consists of a total of 320 units, includes 64 one, two, and three bedroom units reserved for very low, low and moderate income households. The units were created through the City's density bonus program. The Vineyards, which consists of a total of 260 units, includes 52 one and two bedroom units reserved for for very low,low and moderate income households. The units were created through the City's density bonus program and the Agency has an option to purchase affordability of an additional 51 units in the future. Housing Element 111-20 TN/City of Palm Desert General Plan/Housing Element The City has also conditioned projects to provide affordable units within otherwise unrestricted projects, resulting in a total of 27 additional units affordable to very low, low and moderate income households throughout the City. Summary of Affordable Housing Developments The Agency owns and operates 1,111 multi-family housing units, and 481 units are owned and operated by third parties. There are an additional 303 ownership units for very low, low and moderate income households. CONSTRAINTS TO THE DEVELOPMENT OF HOUSING This section of the Housing Element analyzes the governmental, environmental, physical and economic constraints associated with the development of housing. These constraints can take many forms, but generally increase the cost of providing housing, which can have a potentially significant impact on affordable housing development. Governmental Constraints Permit Processine Palm Desert has historically provided expeditious processing for planning entitlements.The City encourages the concurrent processing of applications, and can complete the entitlement process on most projects in three to six months,depending on the approving body and the complexity of the application.The City's processes are not a constraint to the provision of affordable housing. Application Fees According to a Rose Institute study for the year 2007, Palm Desert's planning application and permit fees are the lowest of the Coachella Valley cities,and do not represent a constraint on the provision of affordable housing.Table III-24,below,illustrates typical permit fees. Table HI-24 City of Palm Desert Planning Department Fees Permit Type Fee General Plan Amendment/Change of Zone 1,230.00 Architectural Review(single family) 168.00 Conditional Use Permit or Precise Plan 2,915.00 Environmental Assessment 158.00 Tentative Tract Map 2,915.00 Parcel Map 950.00 Suarer City of Pahn Desert,2008 General Plan and Zoning Ordinance Constraints The residential districts of the Land Use Element allow a broad range of densities for all types of development. The Low Density Residential category allows 0 to 4 units per acre; the Medium Housing Element 111-21 TN/City of Palm Desert General Plan/Housing Element Density Residential designation allows 4 to 10 units per acre; and the High Density Residential designation allows 10 to 22 units per acre. The Land Use designations also include a High Density Overlay, which was specially created for University Park. This overlay has been placed on all land designated Medium Density Residential in the University Park area. This overlay allows these lands to be developed at High Density Residential densities. The City's Zoning designations parallel the General Plan,and include R-1, which allows up to 5 units per acre; the R-2 zone which allows up to 10 units per acre;R-3, which allows 17 units per acre;and the PR zone,which allows up to 25 units per acre for affordable housing projects. The Zoning Ordinance also includes density bonus provisions, the second unit standards, and a Senior Housing Overlay, which allows maximum flexibility in density because no density limit is specified,and each project is evaluated on its merits. The development standards in the Zoning Ordinance are also not restrictive, as shown in Table III-25,below. Table 11I-25 Minimum Development Standards for Residential Zones Standard R-I R-2 R-3 PR Units per Acre 5 10 17 18-22 Lot Area 8,000 sq. ft. 8,000 sq.Ft. 10,000 sq.Ft. 2,500 s.f. Lot Width 70 feet 70 feet 90 feet 250 feet Lot Depth n/a 100 feet 100 feet n/a Building Lot Coverage 35% 50% 50% 40% Common Area N/A N/A 300 s.f./unit 40% Building Height 1 story/18 feet 22 feet 22 feet 24 feet Parking Required 2 spaces/unit 2 spaces/I 2 spaces/1 2 spaces/1 covered covered covered source:-City of Palm Desert Zoning Ordimnm Infrastructure Requirements Most of the City is served by General Plan roads, water and sanitary sewer facilities. Individual development projects are required to connect to water and sewer facilities, and are also required to improve roadways in and adjacent to the project. Adjacent roadways must be improved to their ultimate half width, and include curb, gutter and sidewalk. Roadway standards for local or neighborhood streets that allow parking on both sides must have a paved width of 40 feet. The City will also allow deviations to these standards, including the narrowing of streets if on-street parking is restricted. Pursuant to SB 1087 the Coachella Valley Water District shall be provided the adooted Housing Element and will be required to establish specific procedures to grant priority service to affordable projects As water and sewer services are installed in most neighborhoods in the City. the City's water and sewer provider will not be constrained in providing services in the City.The Coachella Valley Water District have approved Urban Water Management Plans, which were developed based on the City's General Plan build out, which state that they have sufficient supplies available to meet the City's build out demands. Housing Element 111-22 TN/City of Palm Desert General Plan/Housing Element Public Works Fees Table III-26 depicts the City's Public Works fees, which include those fees associated with site preparation and infrastructure. Table I11-26 Public Works Fees Grading Plan Check(per plan) $775.00 1' 3 acres $310/acre ea. add.acre Subdivision Plan Check $1,550 up to 8 lots;$78/lot each add. SWPPP/NPDES Plan Check $137.00/acre PM 10 Plan $258.00 '/r Street Improvement Plan Check $1,500.0011000 LF Storm Drain Plan Check $1,290.00/1000 LF Signing and Striping Plan Check $882.00 Traffic Signal Plan Check $1,176.00 Faithful Petfon lance Bonds 100%of Public Improvements Labor&materials '/2 FPB 25%of Grading Signalization Impact Fee $50.00/unit Drainage Impact Fee $1,000-$1,500/ac.(based on location) MSHCP Fee 8-14 d.u./acre$533 14+d.u./acre$235 WQMP Fee $2,000 deposit Because individual projects vary greatly, it is not possible to determine an average cost per unit based on Public Works fees,however, the limited impact fees charged by the City make it one of the less costly in the Coachella Valley in which to develop. These fees are not a constraint on the development of affordable housing. Building Code Requirements As with most communities in California, the City has adopted the California Building Code (CBC), and updates the Code periodically as State-wide updates are developed. Currently (2010), the City is enforcing the provisions of the 2007 CBC. The City cannot adopt standards that are less stringent than the CBC. Since all communities in the State enforce similar provisions, the City's CBC requirements are not an undue constraint on the development of affordable housing. Building Permit Fees The Building Department charges on a per square foot basis for building permit plan checks and inspections. For single family homes, the architectural and structural charge is $0.33 per square foot for plan check, and $1.10 per square foot for inspection. For multi-family residential units, the architectural and structural plan check fee is $0.28 per square foot for projects less than 15,000 square feet, and $0.25 per square foot for project of more than 15,000 square feet. Housing Element 111-23 TN/City of Palm Desert General Plan/Housing Element Inspection fees are$0.35 per square foot for the smaller projects, and $0.29 per square foot for the larger projects. In all cases, whether single family or multi-family, additional charges apply for plumbing and electrical inspections. In addition to the City's fees, residential developers are responsible for die payment of the State mandated school fees, as well as connection and/or metering fees for public utilities. These fees vary somewhat from one provider to the next, but since many of the utilities in the Coachella Valley serve all the cities,the fees are consistent throughout the area. Policy 6 of this Housing Element allows the City Council to waive fees for affordable housing projects on a case by case basis. 1The Code Compliance Division is resnonsible for the on-going maintenance of housing units - Formatted:Font:Bold,Italic in a safe and habitable condition. Code compliance for structural deficiencies or maintenance problems is processed as follows: A phone call and/or a site visit is made to the Property owner. In most instances, this is sufficient to cause the violation to be corrected by the Property owner Typically, the Property owner is given 20 days to correct the violation. If Personal contact is not Possible, the Code Compliance Division will send a letter to the owner of record The City has the ability to directly abate a violation if the owner is unwilline or cannot be located. All costs associated with abatement are billed to the Properh,owner. If the owner is unwilline to nay, a tax lien is placed an the property. These Procedures are 4wkd of those employed by most cities in Cali orn' and do not lace an rm-due constraint on llte development or maintenance o h usin . {canment will modify mid rcl d i v nclude. i aM'sym mgm .._....._... Economic Constraints Economic constraints are those associated with the cost of land and construction,and the ability to finance any housing, ranging from single family homes to larger apartment or condominium projects. The cost of land varies somewhat from City to City in the Coachella Valley, but the cost of construction,and the ability of homes and projects to financed,is regional in nature. Land and Housing Costs During the recent economic boom, land costs rose significantly throughout California. The cost of land has the potential to impact the overall cost of housing. Finished lots in Palm Desert can cost from $50,000 to over$200,000, depending primarily on location. Infill lots in the southern portion of the City are most difficult to find,as the City's core is mostly built out. The median cost of existing single family homes in Palm Desert has been significantly affected by the current economic downturn, standing at $253,519 for new homes, and $307,232 for existing homes in the second quarter of 2009. The median price of new homes in the second _ quarter of 2007 was$420,000 for new homes,and$454,064 for existing homes.Therefore,home prices have dropped 36%in two years. Housing Element 111-24 TN/City of Palm Desert General Plan/Housing Element The 2000 Census identified that the median rental rate in the City in 2000 was$735. In order to update this information to current (2010) conditions, representative rental rates for non- subsidized apartments were collected,and are provided in Table III-27,below. Table 1Il-27 Representative Apartment Market Rental Rates in Palm Desert, 2010 Project Name Unit Size Market Rental Rate The Regent I &2 Bdrm $845-$1,450 Desert Fountains Studio& I Bdrm $720-$899 Desert Oasis Studio, I,2&3 Bdrm $63041,479 The Enclave 1,2&3 Bdrm $990-$1,580 The Vineyards 12&3 Bdrm $925-$1,750 Royal Palms 2 Bdnn $895 Construction Costs Construction costs have been similarly affected by current economic conditions. Single family construction costs range from$95 to over$200 per square foot(excluding site improvements), varying based on the size of the home and the materials selected.Multi-family construction costs generally range from$90 to$150 per square foot. Financing Costs The cost of financing can also impact the development community's ability to fund projects. The current mortgage crisis has made single family loans extremely difficult to secure.Although this condition is not.expected to continue through the entire planning period, the duration of the current economic downturn could impact the ability of developers to fund and construct affordable housing in the City. Physical Constraints Age of Housing Stock The City's housing stock is relatively new. As shown in Table 11I-19, above, 7,888 existing housing units in the City are over 30 years old, representing 34% of the housing stock. Maintenance in the City is not a significant issue,however, and the Redevelopment Agency has programs in place to assist lower income households with home repairs and improvements. Condition of Housin Stock tock The Code Enforcement Department issued 13 citations for property abatement in 2009. On_ Fonnatced:Hlghlignt average the Department issues?J such citations a year.This is reflective of the number of units__- - Formatted:Nignngm wiring rehabilitation In addition, as described in the Evaluation section above, 191 households were assisted through the City's Rehabilitation Program in the period from 1998 to 2005,or an average of 23 units annually. Environmental Constraints Housing Element 111-25 TN/City of Palm Desert General Plan/Housing Element The City is identified as Zone III and IV in the Uniform Building Code for seismic activity. The UBC imposes certain standards for construction in these zones, which may add to the overall costs of housing. These standards, however, are necessary for the public health and safety, and are common throughout the Coachella Valley and California. The standards required to protect the City's residents from seismic hazards are not considered a constraint to the provision of housing. Energy Conservation In addition to the requirements of Title 24 of the Building Code,the City has enacted additional energy efficiency requirements,water conserving landscaping requirements,and has a number of energy conservation programs for residents. Although the cost of installation of energy efficient, "green" or similar products in a home or apartment may increase the initial cost, the affordable housing providers who participated in the City's workshops for this Housing Element clearly indicated that the cost differential was becoming smaller as technologies improved; and that the long term benefit to the home owners or renters was worth the added initial expense. These developers,and the City's Redevelopment Agency, implement energy conserving construction to the greatest extent possible in their projects. Housing Element Ill-26 I TN/City of Palm Desert General Plan/Housing Element HOUSING NEEDS SPECIAL HOUSING NEEDS This section of the Housing Element quantifies households with special needs such as farmworkers,the homeless and the elderly living in the City. These households can have housing needs which maybe more difficult to address,and which require special attention. Farm Workers In 2000, there were 22 persons employed in "farming, fishing, and forestry" in the City, down from over 200 in 1990. The City's continued urbanization has eliminated fanning activities in the City. Agricultural activities are focused on the east end of the Coachella Valley. As such Palm Desert is not an employment center for agriculture. Homeless The Riverside County Department of Public Social Services completed a homeless count in 2009 for all cities in the County. That effort identified 38 homeless persons in Palm Desert. A number of organizations provide services to the homeless throughout the Coachella Valley, in addition, Shelter From the Storm, which operates battered women's shelters in several cities in the Valley, operated a transitional facility in the City for 20 women and their children. The City is also participating in the Coachella Valley Association of Governments' (CVAG) Homelessness Strategic Plan,which has established a regional shelter for 125 homeless persons. The shelter will also provide a central location for service providers to assist with transportation, health care, mental health services, child care, and other social services. The Strategic Plan also includes goals to establish 225 emergency shelter beds (doubling the current size), 225 transitional housing units, 200 supportive housing units and 200 rental units in the western Coachella Valley by 2010. The City permits homeless shelters as Conditional Uses in the R-2 and PRD Zones. This is no longer consistent with state law,and a program has been added which requires amendment of the Zoning Ordinance to allow homeless shelters by right in the[industrial zone. There are 168 acres comment[Ncz1: r ol�ea rtus sm yo _.. ___ _ want to ilea arwlher. of serviced, vacant land in this zone in the City. The Industrial zone is appropriate for such — facilities because these lands are located on transit lines, near commercial and school sites, and in areas where other governmental services are available. Similarly,the City's Zoning Ordinance does not define or include single room occupancy facilities or transitional housing, and the program includes the modifications required to assure compliance with the law. The Elderlv In 2000, the City had 11,339 persons over the age of 65, representing 27.6%of the population. These seniors were in a total of 7,356 households. The Census further indicated that there were 6,176 owner-occupied senior housing units,and 1,661 renter-occupied housing units. There are six senior apartment projects in the City which are owned by the Agency, providing 308 units for very low, low and moderate income senior households. Nursing care facilities in Housing Element 111-27 TN/City of Palm Desert General Plan/Housing Element the City include the Carlotta, with 192 beds; Manorcare Health Services, with 178 beds; and Monterey Palms,with 99 beds. Disabled Persons The 2000 Census identified 7,833 persons in the City with disabilities, of which 3,505 were persons over the age of 65. The California Building Code requires that all new multi-family construction include a percentage of units accessible to persons with disabilities. The City of Palm Desert Building Department requires compliance with these standards as part of the Building Permit review and inspection process. The City's affordable housing projects include units for persons with disabilities. The City adheres to State guidelines regarding handicapped access and promotes the use of -_. Formatted:Font:rvot sold,Not Italic, principles of architectural design which aid the disabled The Americans with Disabilities Act Hignnght rec uires all new multi-family construction to include a percentage of units be accessible to disabled persons The City monitors and requires compliance with these standards as part of the building permit review, issuance and inspection process The City imposes no special requirements or prohibitions on the development of housing for disabled persons beyond the requirements of the Americans with Disabilities Act There is no concentration restriction for residential care homes State and federal law does not permit the City to regulate group homes of 6 or fewer residents Group homes of 7 or more residents are permitted with approval of a conditional use permit in the El zones -- Formatted:Font:Not Bola,Not Italic Formatted:Highlight Formatted:Not Highlight Large Families The 2000 Census indicates there were 1,052 households with five or more persons in the City. The Census further indicated that 589 of these households lived in owner-occupied housing units,and 463 lived in renter occupied housing units. The Census also identified a total of 1,879 housing units with 4 or more bedrooms. The stakeholders' workshop conducted in February 2008 in preparation for this Housing Element update revealed that local affordable housing providers, including the Coachella Valley Housing Coalition, are finding that the need for larger units,although not eliminated,has been reduced in recent years. A drop in the number of children per family, and an attitudinal change in multi- generational living were theorized to be the reasons for the lower demand for these units. Single-Parent Families 1,165 single-parent families resided in the City in 2000, 328 of which were composed of a male head of household,and 837 of which had a female head of household. Affordable Units at Risk The Regent Palm Desert apartments, formerly the Sevilla or Saint Tropez apartments, include 103 units restricted to low income households. This project, privately owned, is at risk of eliminating the affordability restrictions during the planning period. The City has been in discussion with the owner of the project, and will make every effort to assure the long tern affordability of these 103 units. Housing Element W-28 TN/City of Palm Desert General Plan/Housing Element - Riverside County Income Limits income limits for affordability are established annually on a regional basis by the Department of Housing and Community Development- Table I1I-29 provides the current (2009) income limits applicable in Palm Desert. The median household income for a family of four in 2009 is $64,500. Table II1-28 Riverside C nty Housing Program Income Limits 2009 Number of Persons in Family L[come Category 1 2 3 4 Extremely Low $14,000 $16,000 $18,000 $20,000 Very low $23,300 $26,650 $29,950 $33,300 Low $37,300 $42,650 $47,950 $53,300 Moderate $54,200 $61,900 $69,650 $77,400 Median $45,150 $51,600 $58,050 $64,500 Source:HUD and HCD 2009 Households Overpaying for Housing - When a household pays more than 30% of its income toward its housing expenses, it is considered to be over-paying. The 2000 CHAS Databook identifies the following households overpaying for housing: 1Table IH-29 Fo matted:Highlight �Ove a ment b Income Level 2000 household Type----------------7 ow Y_ery Low`--------.Extremely.----------------- Fom,ama:Highlight .- - Income come 'Low Income Total Renter Occu led 330 ;475_ 1423 9$ _- - Formatted:Highlight )Elderly renters 230 260 230 - rormetam:Highlight mall family renters 0 205 168 -- - Fo matted:Highlight rge family renters_ 110 10 25,_ --- Formatted:Highlight _--_------ Formatted:Highlight Total Owner Occupied f1 790 649 915051- Formatted:Highlight Iderly owners I,020 480, 300 _-_----.. -- Formatted:Highlight mall family owners 06 119 95, -- Formatted:Highlight J-arge famil .owners 64 50 55, - Formatted:Highlight Affordability of Housing In order to determine the level of affordability for market housing in Palm Desert;a comparison of for-sale and for-rent market housing was undertaken.Table 11E-30 illustrates that the moderate income household of 4 in Palm Desert is able to find rental housing well within its ability to pay, Housing Element 111-29 TN/City of Palm Desert . General Plan/Housing Element but falls $83 per month short in being able to afford to purchase a median priced home. The Table demonstrates that both rental and purchase units are affordable to moderate income households in the City;. Table III-30 Affordability of Housing 2010 Type of Housing Cost Ownership Rental Median Single Family $280,000 N/A Purchase Price Median Mortgage Costs $1,400 N/A (PITI) Rental Rate N/A $1,150 30%of Moderate $1,613 $1,613 Household Income Affordability Gap $213 $463 Regional Housing Needs Allocation The State and Southern California Association of Governments develop housing allocations for each Housing Element planning period. For the 2006-2014 planning period,Palm Desert's share of the Regional Housing Needs Allocation(RHNA)is: Table HI-31 RHNA by Income Category,2006-2014 Units Extremely Low 553 Very Low Income 552 Low Income 759 Moderate Income 847 Above Moderate Income 1,875 Total Units Needed 4,586 Quantified Objectives Table III-32 Quantified Objectives Matrix 2006-2014 Income Category Very Low Low Moderate High Total New Construction 1,005 659 697 1,875 4,286 Rehabilitation* 100 100 I50 0 350 Conservation 20 20 20 0 60 *Includes 350 market units to be purchased,rehabilitated,and converted to affordable housing units by the Redevelopment Agency. Horsing Element 111-30 T-N/City of Palm Desert General PlanfHousing Element Housing Element 111-31 TN/City of Palm Desert General Plan/Housing Element LANDINVENTORY Since preparation of the 1998-2006 Housing Element, State law has changed to require specific analysis,on a parcel level basis,of lands available for the development of housing in the City, The City's Regional Housing Needs Assessment. for 2006-2014 estimates that a total of 4,586 housing units will be built in the City.Of these, 1,875 are expected to be constructed for those of above moderate income, and 847 for moderate income households. These units are expected to be market-driven, and constructed in the single family homes traditionally built in the City. The remaining 1,864 housing units are to be provided for those of extremely low, very low, and low incomes. Land in die southern portion of the City is mostly built out, with only infill development opportunities available at higher densities. The Land Use Element includes the University Park area,which is designed to accommodate this higher density. Table III-33 lists the available vacant lands in the City by Assessor's Parcel Number, provides the size of each parcel,and the potential number of units that could be developed on that parcel. It must be noted that the General Plan land use designations applied in 2004 have not been reflected to the Zoning Map. As a result, parcels shown in the Table as PC (Planned Commercial), are designated Medium Density/High Density Overlay in the General Plan, and will require Zoning Map amendments. The requirement for Zoning Map amendments is provided in the policies and programs of this Element. Lands provided in the inventory have been calculated at a density of 17 units per acre It is planned that the properties to be re-zoned will be champed to Planned Residential, or its equivalent which allows up to 22 units per acre Assuming an average unit size of 1,000 square feel 28 units per acre can be achieved with 2 story buildings which is the current height limit in the PR zone This also assumes common area open space in compliance with Zoning requirements and surface parking As this zone allows building coverage of 40%.there is more than sufficient space to accommodate the density assumed in the inventory. �4s stated below, land cost in Cathedral City ranges from $50 000 to $70,000 ner acre. At a ,- Fi matted:Fort:Bold,Italic,Highllgt density of 10 units per acre this equates to $5 000 to $7,000 per unit The affordable housing community esdmales that construction costs for affordable housine units are approximately $250 000 to $325 000 When added to land cost this represents a total cost per unit of $255000 to $337000 per unit Proiects in this cost ranee can be funded. when including HOME funds tax credit funds or other programs and built in the range of 14 to 16 units ner acre. Most inmortandv the affordable housing community has indicated that nroiects above this range are not marketable. insofar as more dense proiects cannot be built and include the amenities and common areas which make a proiect a liveable community for the families who are lookine for rental units. The Coachella Valley Housing Coalition and Palm Desert Development which attended the Citv's workshops clearly stated that they will not plan proles& at densities over 16 units per acre since the higher densities do not allow them to create communities which they can lease because di cannot roidde the services and amenities which create a heaUh /ivin environment _ canment[ncal: nriars CCs pmgc ................................... y tY- Realistic Ca aci \Vc will wricc similar. formatted:Font:Bold,Italic Housing Element Ill-32 TN/City of Palm Desert Geneml Plan/Housing Element Table IH-33 Comment INC41:NSC will add GP da Inventor of Available Vacant Lands ;' to emh of these. Assessor's Parcel No. General Size(Acres) Potential Formatted:Highlight Plan/Zone Units ,-jftmatted: d:Highlight 694-130-017 D C` 10.21 176 d:Highlight 694-130-021 G C" 24.16 200 .- d:Highlight 694-130-018 D C* 3.48 72 _ _ 694-190-008 H C*, 15 of 29.36 160 d:Highlight 694-200-014 1 C*, 11.46 194 _- d: Highlight 694-130-012 E R-5 33.71 235 -- d:Highllght 694-130-003 F C* 18.92 302 ed: Highlight 685-010-005 A C* 15 432 694-310-001 &005 B R-5 35 520 d:Highlight 694-I20-012 C C* 10 200 - Formatted: Highlight 627.273-018 R-3 0.3 7 - Formatted:Highlight 627-273-005 -3 0.3 7 Formatted:Highlight 625-171-001 -3 0.3 7 Formatted:Highlight 627-121-044 -3 0.25 6 Formatted:Highlight 627-121-045 -3 0.25 6 - Formatted:Highlight 627-301-022 -3 0.31 7 Formatted:Highlight 627-153.007 -3 0.22 5 _ - Formatted:Highlight 627-101-033 -038,.039,-002 .017 OP* 1.64 22 Formatted:Highlight 627-M-010 through 013 -29 031 -033 PP*and R-2 1.20 19 Formatted:Highlight 627-051-002 -2 0.16 2 627-031-030 -2 0.17 2 Formatted:Highlight 627-052-006 -2 0.17 2 Formatted:Highlight 627-52-031 -2 0.16 2 - Formatted:Highlight 627-52-033 A -2 0.16 1 2 627-084-001 -2 0.22 2 - Formatted:Highlight 627-084-003 -2 0.19 2 Formatted:Highlight 627-182-004 -1'. 0.20 1 -- Formatted:Highlight 627-182-005 -1 0.20 1 _ Formatted:Highlight 627-182-0% -1 0.17 1 627-351-042 -2 0.20 2 \ Formatted:Highlight 627-351-019 -1 0.17 1 `. Formatted:Highlight 625-224-001 A -1 0.19 1 Formatted:Highlight 625-126-009 -3 0.14 2 Formatted:Highlight 625-061-018 -1 0.15 1 625-021-008 -I. 0.19 I --- Formatted:Highlight 625-031-011 -1 2.20 1 _ _ Formatted:Highlight 625-032-011 -L 0.21 1 _ forfatted:Highlight 624-241-008 -1 0.12 1 Forni :Highlight Total Units 2 605 mmenyest enua tg en-tiequmres re-zoning.Property stgnat te roessrona or Formatted:Highlight Overlay in General Plan Formatted:Highlight Formatted:Highlight As shown in the inventory, approximately 2,605 units could be constructed on lands which are currently available for multiple family residential development. In addition to the vacant lands Formatted:Highlight included above, the Redevelopment Agency currently has commitments for an additional 103 Formattetl:HghligM units at the Vineyards project, located at the northwest corner of Frank Sinatra Drive and Cook ', Formatted:Highlight Formatted:Highlight Housing Element 111-33 TN/City of Palm Desert General Plan/Housing Element Street,as well as 21 additional units at Emerald Brook,located on the north side of Frank Sinatra Drive, west of El Dorado; and 31 units at the existing Canterra project; and has produced 88 units between June of 2006 and June of 2008, in this planning period (see Existing Housing Projects, below). Specifically, the following units their status in the planning and/or construction process and the anticipated financing if known is described below ---"' Formatted:DonY keep with nett[,nor ED I units at Canterra Phase II The Redevelopment Agency has allocated ?? To do such-, lrres together,Tab stops: 0.06",Left 4 '' Left+ 1.47",Left+ 2.17,Left+Not and such and is issuing an RFP for the construction, and plans to have the units under + -o.s^+ 2-+ 2.4"+ 2.67"+ 2.72 construction by 201? Formatted:Highlight 21 units at Emerald Brook Formatted:Bunets and Numbering 200 units at Dinah Shore and Portola 72 units at Carlos Ortega Villas 16 units at Sa ecrest Martments F520 units that will include single family for-sale and multi-family for rent units at Gerald•-- Formatted:Bullets and Numbering Ford Drive and Portola an additional 51 units at the Vineyards P12 units at Key Largo - Formatted:Bullets and Numbering 194 units at Frank Sinatra and Cook Street Approximately 302 units at Dinah Shore and 350'Avenue(southeast corned • need 52 units at Frank Sinatra and Cook Street("The Vineyards"/northwest comer) --- ----- ---I 'rolwb"on eac comment oh of thh ofth wears going toese.Its OK mmy. --- - we know let•but those that we can get info on As many of these sites are larger, Program 1 G has been provided to encourage the subdivision fluhcd aul Lot'.,disouz Thutwlay. of these sites to facilitate multi-family development. Finally, the Redevelopment Agency continues to identify and purchase existing market rate apartment projects for conversion to affordable housing units (See Redevelopment Agency Funding section, below), and anticipates the purchase and conversion of 350 units during this planning period. Therefore, this Element identifies available lands or commitments and existing projects totaling 3,095 units or more, which is more than sufficient to accommodate the very low and low income units assigned to the City in the RHNA for 2006-2014. Housing Element 111-34 TN/City of Palm Desert General Plan/Housing Element REDEVELOPMENT AGENCY FUNDING In order to achieve the units identified in the RHNA, and assure that the lands shown in the Table III-33 are developed, Redevelopment Agency participation will be necessary. As part of this Housing Element update, the Agency prepared projections of revenue and expenses for the period from 2006 through 2014. The Agency receives approximately $16 million annually in housing set aside funds. The projections are provided in Table I1I-34,below The projects shown in the Table reflect the City's current Implementation Plan allocations for the short term. The estimates shown for 2011 through 2014 are estimates based on projected revenues, and may change based on actual revenues and Agency Board allocations and priorities, and upon the specific projects submitted for consideration. Programs include: Acquisition, Rehab & Resale, Home Improvement Program, Home Buyer Assistance Program, Rental Assistance Program, Self Help Housing, Mortgage Assistance Program,Multi-Family Assistance Program,and Costs to Maintain Affordability. Housing Element Ill-35 TN/City of Palm Desert General Plan/Housing Element Table 111-34 Redevelopment Agency Funding CASH BONDS Revenue Expenditures Revenue Expenditures Beginning Balance 21004163 4405871 2006 11,055,874 Programs(i) 1,028,012 Capital Improvements"' 6,804,853 3,899,330 Acquisitions(3) 4,614,027 Owner Assisted Subsidies") 2007 16,740,186 49,231,539 Programs(l) 279,610 Capital lmprovementsm 3,662,650 8,960,064 Acquisitions(l) 5,153,978 Owner Assisted Subsidies(4) 809,559 2008 25,559,485 Programs"' 139,141 - Capital Improvements(t) 19,664,349 7,488,269 Acquisitions(3) - 1,667,148 Owner Assisted Subsidies(°) 2,418,442 2009 9,126,762 programs(l) 338,272 Capital lmpmvements(n 2,507,613 3,261,281 Acquisitions(3) 2,403,369 Owner Assisted Subsidies(4) 2010 (s) (10,913,184) Pmgmms0) 2,219,033 Capital Improvements(r) 803,971 Acquisitions(3) Owner Assisted Subsidies) 2011 7,017,367 Programs" 2,703,701 Capital Improvemenls(21 950,000 20,000,000 Acquisitions(3) 1,844,631 Owner Assisted Subsidies(4) 16,233,941 Housing Element 111-36 TN/City of Palm Desert General Plan/Homing Element 2012 4,644,299 40,000,000 Programs(l) 911,000 Capital Improvements(2) 6,000,000 40,000,000 AcquisitionsM 2,000,000 Owner Assisted Subsidies(°) 2,500,000 2013 4,867,268 Programs(l) 1,158,030 Capital Improvements(') 4,500,000 Acquisitions(3) 2,000,000 Owner Assisted Subsidies(') 2,500,000 2014 13,690,637 Prograrns(l) 1,179,593 - Capital Improvements(n 5,262,587 Acquisitions(3) 2,000,000 Owner Assisted SubsidiesO 5,000,000 TOTALS(ALL YEARS) 102,892,857 101,229,044 93,637,410 93,637,410 Ending Balance 1663 13 - 0 Notes: 1.Includes:Program ID,Program 2A,Program 2B,Program 3A,Program 38,Program 3C,and Program 3E. 2.Includes:Program]A. 3.Includes:Program 3D. 4.Includes:Program I and Program 1C. 5.Adjusted for deferral of Housing Set-Aside Deposit to cover SERAF obligation. Loan to Agency due 6130/2015. •$40MMBond issuance and subsequent project depends on viability ojbond market. Housing Element II]-37 TN/City of Palm Desert General Plan/Housing Element PUBLIC PARTICIPATION The City held two community workshops at the beginning of the update process in February of 2008. These workshops were directed toward stakeholders and community members. The participants in these workshops expressed concerns about the need for social services in association with affordable housing, and the changes in the household types — toward smaller households in need of smaller housing units. These comments shaped the policies and programs in this Element. The City advertised the Housing Element workshop in the display advertising section of the newspaper, and mailed notices to the Coachella Valley Housing Coalition, Riverside County Housing Authority,Habitat for Humanity,and similar organizations. Several City Council and Planning Commission workshops were held to review the revisions to the Element,and the goals,policies and programs. The City will continue to advertise Housing Element hearings in the Desert Sun, and send notices to local affordable housing developers such as Palm Desert Development and the Coachella Valley Housing Coalition. Finally, public hearings were held before the Planning Commission and City Council for the adoption of the Element,in 2011. Housing Element 111-38 TN/City of Palm Desert General PlanfHousing Element GOALS, POLICIES AND PROGRAMS Goal 1 A variety of housing types that meet all of the housing needs for all income groups within the City. Goal 2 The preservation and maintenance of the high quality of the City's affordable housing supply. Policy 1 .New affordable housing projects shall be encouraged in all areas of the City. Special attention will be made to distributing the units so that large concentrations of affordable housing in any one area are avoided. Program LA The Agency shall implement the following affordable housing projects for extremely low, very low and low income households during the planning period: • 31 units at Canterra Phase II • 21 units at Emerald Brook • 200 units at Dinah Shore and Portola • 72 units at Carlos Ortega Villas • 16 units at Sagecrest Apartments Responsible Agency:Redevelopment Agency Schedule: 2010-2014 Program 1.B The Agency shall pursue the planning and implementation of the following projects for extremely low very low and low income households during the planning period: • 520 units that will include single family for-sale and multi-family for rent units at Gerald Ford Drive and Portola • an additional 51 units at the Vineyards Responsible Agency:Redevelopment Agency Schedule: 2010-2014 Program LC The City shall encourage and facilitate the development by private parties of the following projects for extremely low,very low, low and moderate income units: • 432 units at Key Largo Housing Element 111-39 TN/City of Palm Desert Geneml Plan/Housing Element • 194 units at Frank Sinatra and Cook Street • Approximately 302 units at Dinah Shore and 35d'Avenue(southeast comer) • 52 units at Frank Sinatra and Cook Street("The Vineyards"/northwest corner) Responsible Agency: Redevelopment Agency Schedule: 2010-2014 Program 1.1) The Agency shall continue to implement the Self Help Housing program, and shall identify 15 households to be assisted by the program in this planning period. Responsible Agency:Redevelopment Agency Schedule: 2006-2014 Program 1.E The City shall maintain its inventory of sites zoned for PR-7 and R-3, and shall encourage the incorporation of extremely low, very low and low income a#TeFdable-housing units into these projects as they are brought forward. Responsible Agency: Planning Department Schedule: Ongoing as project applications are submitted Program 1,F In order to assure that sufficient lands are available for affordable housing projects described in Programs LA and 1.B, the City shall undertake or shall process private party Changes of Zone on the following parcels to provide zoning that is consistent with the General Plan and supportive of residential uses. Where necessary, General Plan amendments will also be undertaken: • The east side of Monterey,at the western City limits • 20 acres of land at the southeast comer of Gerald Ford and Portola • 10 acres of land at the northeast comer of Dinah Shore and Portola • 19.6 acres of land at the southwest corner of University Park Drive and Cook • 34 acres of land at the southwest comer of 35th Avenue and Dinah Shore 19 acres of land at the southeast comer of 35'N Avenue and Dinah Shore • The south side of Fred Waring Drive on the east side of San Pablo Avenue and on the west side of San Pablo north of Santa Rosa. Responsible Agency: Planning Department Schedule: 2011 Program LG The City will encourage further land divisions of planning areas as identified in Table IV-27a ------- Formatted:Pont.12pt resulting in parcel sizes that facilitate multifamily development affordable to lower income households in light of state federal and local financing programs (i.e. 50-100 units).The City will offer incentives for the development of affordable housing including but not limited to: • priority to processing subdivision maps that include affordable housing units. Formatted:space naer: opt expedited review for the subdivision of larver sites into buildable lots where the development Formatted:Bullets and Numtenng application can be found consistent with the Spt 'am --- ------ ------------------_----- -------------------- Formatted:Font color:Black Housing Elemcm 11140 TN/City of Palm Desert General Plan/Housing Element financial assistance(based on availability of federal,state.local foundations,and private housing funds), ------------- ---------..... --- -------- Formatted:Font color:Black ,Responsible Agency:Planning Department ------------------------------ ---- --I-- - Formatted:Font:Bold ----- Schedule: 201 1-2014�................ -- --- ---------------I------------ ----------------- ---- -------------------------- Formatted:Font:Times,Font color Formatted-Font,Times,Not Bold,Fo ------------------ ------ ---------------- --- ---- ---------- ----------------------------- ------- - ---------- --- - Auto Proaraml.H Formatted: Font:Times,Font color:I F F F A F For matted:OM 0 Auto Formatted:M rm 0 M alted Formatted: Fo rmatted: The City's zoning standards, currently permits multifamily uses without a CUP. Properties Formatted'Font color;Auto described in Program IT will be designated to assure that �g least 50% of the remaining need t' Formatted: will be accommodated on sites allowing exclusively residential uses pursuant to Goverment Formatted:Font: 12 Pt Code Section 65583.2 ffl� and that jDinimum densities of 20 units per acre are provided pon the Formatted:space After: 0 pt sites designated for exclusively residential use. se. Formatted:Font:12 pt Responsible Agency:Planning Department Formatted:Font:12 Pt Schedule: 2011-2014 Formatted:Font:12 pt Policy 2 jFomtted:Font:12 or The City shall encourage the rehabilitation of existing housing units through a variety of Formatted:Level I programs. Program 2.A The Agency shall annually fund an Acquisition, Rehabilitation, and Resale Program for 10 blighted homes each year. Responsible Agency: Redevelopment Agency Schedule:2009-14 Program 2.B The Agency shall annually fund the Single Family Rehabilitation Program and Housing Improvement Program,for 20 households each year. Responsible Agency: Redevelopment Agency Schedule: 2009-2010,Ongoing Program 2.0 The Agency shall pursue and utilize Neighborhood Stabilization Program (NSP) funding to the greatest extent possible, and shall use that funding to assist homeowners in the purchase and rehabilitation of blighted single family homes for up to four homes per NSP.funding cycle. Responsible Agency:Redevelopment Agency Schedule: 2009-14 Policy,3 The City shall preserve existing affordable housing units. Program 3.A The Agency shall continue to subsidize existing affordable housing units in the City, including apartment units it owns now and in the future. Responsible Agency:Redevelopment Agency Schedule: Ongoing Program 3.B Housing Element 111-41 TN/City of Palm Desert General Plan/Housing Element The Agency shall maintain the existing resale restrictions and other subsidies on its 303 ownership units. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program IC The Agency shall maintain ownership of its 1,111 existing rental housing units in order to assure long term affordability for these projects. Responsible Agency:Redevelopment Agency Schedule: Ongoing Program ID The Agency shall continue its program of acquiring market rate apartment projects for rehabilitation and conversion to affordable units, with the goal of converting 350 through the planning period. Efforts shall be focused on blighted properties in Palma Village, Redevelopment Project Area 4, and south of Highway III between Portola Avenue and Deep Canyon Road. Responsible Agency: Redevelopment Agency Schedule: 2006-2014 Program 3.E The City shall encourage the preservation of existing mobile home parks by non-profit agencies or organizations,in order to preserve their affordability. Responsible Agency: Redevelopment Agency,City Manager's Office Schedule: Ongoing Program IF The Agency shall coordinate between affordable housing developers and social service agencies to encourage the integration of services such as child care,job training,vocational education,and similar programs into new affordable housing projects. For on-site child care, the Agency shall consider allocation of the City's Childcare Mitigation Fee to new projects which provide the service. Responsible Agency: Redevelopment Agency, City Manager's Office, Community Development Department Schedule: Ongoing Policy 4 The City shall continue to strive to meet the State-mandated special shelter needs of large families, female headed households, single parent families, senior citizens, and disabled individuals and families,and shall consider including units for such households in its projects. Program 4.A The City shall continue to enforce the provisions of the Federal Fair Housing Act.The City shall continue its referral program to the County Fair Housing Office,and shall maintain information at City Hall and the Agency's affordable housing complexes. Responsible Agency: Redevelopment Agency Schedule: Ongoing Housing Element 11142 TN/City of Palm Desert General Plan/Housing Element Program 4.B The City shall work with the Senior Center and other appropriate agencies in assisting whenever possible in the housing of disabled residents, through participation by the Redevelopment Agency. Responsible Agency:Redevelopment Agency,Senior Center Schedule: Ongoing Policy 5 The City shall strive to provide shelter for the homeless. Program 5.A The City shall continue to work with CVAG on a regional solution for homelessness, including the Multi-Service Center in North Palm Springs,and the beds and services it will provide. Responsible Agency: City Manager's Office,City Council Schedule: 2008-2014 Program 5.B The City shall amend the Zoning Ordinance as follows: a. Allow emergency shelters by right in the Industrial zone Approval shall be through a non- discretionary design review process. , ; b. Transitional and supportive housing shall be subject to only those restrictions that apply to other residential uses of the same type in the same zone c. Define Single Room Occupancy facilities. d. Allow Single Room Occupancy facilities in the Industrial zone, subject to approval of a conditional use permit The Zoning Ordinance shall be clarified to state that handicapped ramps are permitted in the front, side or rear yard setback of any residential structure. A reasonable accommodation procedure shall be established to provide exception in zoning and land use for persons with disabilities. Responsible Agency: Community Development Department Schedule:9ngoing_2011 Program 5.0 The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha's Village and Catholic Charities,to apply to the City for the assignment of CDBG funds for homeless services. Responsible Agency: City Manager's Office Schedule: 2003-04 Policy 6 The City shall continue to utilize restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval in order to preserve affordable for sale housing units for the long term. Program 6.A Housing Element I11-43 TN/City of Palm Descrl General Plan/Housing Element The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 30 households should be assisted every year. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program 6.B The Agency shall work with affordable housing organizations to preserve the affordability of the Regent Palm Desert project(formerly known as Sevilla or Saint Tropez), which is currently at risk of losing its affordability restrictions. The Agency may consider financial assistance or purchase, assistance in preparing applications for funding through state and federal programs for third party ownership,and other means to assure the long term affordability of the project. Responsible Agency:Redevelopment Agency Schedule: 2010-2011 Policy 7 The Redevelopment Agency shall annually allocate funds to eligible projects for review and consideration, in conformance with its Five Year Implementation Plan. Policy 8 The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Poticy 9 The City shall continue to address the needs of the senior population in development of housing. Program 9.A The City shall maintain the Senior Housing Overlay District and the Second Unit Housing standards in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Ongoing Program 9.0 The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency:Redevelopment Agency,Community Development Department Schedule:Ongoing Policy 10 The City shall implement the State's density bonus law. Policy 11 The City shall maintain the Rental Subsidy Program, the Mortgage Subsidy Program and the First Time Homebuyers Program. Policy 12 Promote the jobs/housing balance through the development of housing with convenient access to commercial land uses,schools,available public transport and employment centers. Housing Element 111- 4 TN/City of Palm Desert General Plan/Housing Element Policy 13 Encourage energy conservation through the implementation of new technologies, passive solar site planning and enforcement of building codes. Please also see the Energy and Mineral Resources Element. Program 13.A The City shall maintain an Energy Conservation Ordinance which mandates conservation in new construction beyond the requirements of the California Building Code. Responsible Agency:Planning Department Schedule: 2010-2011 Program l3.B The City shall encourage Green Building techniques, recycling in demolition, and the use of recycled, repurposed and reused materials in all new affordable housing projects to the greatest extent possible. Responsible Agency: Redevelopment Agency, Planning Department, Building Department, Public Works Department Schedule: Ongoing Housing Element 11145 TN/City of Palm Desert General Plan/Housing Element Exhibit I Sites to be Rezoned ti t '.. 20 ^a.. .. .. .. A'y I _ ]p 6E- F t 31 f N i J+ - - 1 Housing Element 111-46 TN/City of Palm Desert General Plan/Housing Element Appendix A Land Inventory Aerials Housing Element III-47 TN/City of Palm Desert General Plan/Housing Element HOUSING ELEMENT PURPOSE Providing all residents of Palm Desert with a safe and affordable residence is the ultimate goal of this Element. The Housing Element is designed to guide/the Ci y�s elected and appointed officials, as well as City staff and the general public, in locating and coning housing to accommodate all segments of the community. ``\ The City has been active in adding to it invento/,/frdable housing unit in the>1998-2006 planning period,and continues to strive to provide qualit\Land\U/\se housing for all its residents. BACKGROUNDhan The Housing Element works hand in d with the �Element to balance the land uses available in the City to accommodate fut e,gr .4h. Land use,designations are designed to accommodate all types of housing, to allow for the development of single family and multi- family .'`m family units to meet the needs of the City�s residents now aand in the future. The Housing Element includes a de cription, of existingfhousing types, condition of existing units, overcrowding, overpayment, special housing needs, and the demand for affordable housing in the City.The Elem'e,t also includes an analysis of the-progress made since the drafting of the last Housing Element,and also of-needs for the)2006-2014 planning period. California Law Cal iforrn a Government e requires that every City and County prepare a Housing Element as part,fit vGeneral Plan. In addition,)State law contains specific requirements for the preparation and content of�avat Housing Eldmnt. According to Article 10.6, Section 65580,the Legislature has found that. `(1) Thelability of.housmg is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest/o�der. (2) The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. (3) The provision of housing affordable to low and moderate income households requires the cooperation of all levels of government. (4) Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. Housing Element I-1 r, A TN/City of Palm Desert General Plan/liousing Element (5) The legislature recognizes that in carrying out this responsibility,each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the General Plan and to cooperate with other local governments,and the state,in addressing regional housing needs. Section 65581 of the Government Code states that the intent of the Legislature in enacting these requirements is: (1) To assure that local governments recognize their responsibilities in contributing to the attainment of the State housing goal. (2) To assure that cities and counties prepare and implement housing elements which, along with federal and State programs,will move toward attainment of the State housing goal. (3) To recognize that each locality is best capable of determining what efforts are required by it to contribute to the attainment of the State,housing goal as wet] as regional housing needs. (4) To ensure that each local government cooperates with other local governments to address regional housing needs. \\ f! Government Code Section 65583 outlines the required content of all housing elements including identification and analysis of existing and projected housing needs, and a statement of goals, policies, quantified objectives, and scheduled programs for the.preservation, improvement, and development of housing. Specific requirements include the following: (1) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of.these needs. The analysis should include population and employment trends; documentation'of household characteristics; inventor} of land suitable for residential4'development; governmental and other constraints to new housing development; analysis of any special housing needs and an assessment of existing affordable housing developments. .' (2) A'program..which sets forth a five-year schedule of actions the local government is /undertaking ornintends to undertake to implement the policies and achieve the objectives of the housing element in order to meet the housing needs of all economic segments of the community. Evaluation of Existing Housing Element Policies and Programs Policy 1 \, The creation of new and the preservation of existing affordable housing projects shall be encouraged in all areas of the City. Housing Element 111-2 1 TN/City of Palm Desert Gcneml Plan/Housing Element Program 1.A The Agency shall pursue development of 162 rental and 117 ownership units west of Cook Street,between 42nd Avenue and Merle,as an affordable family project.Of the 162 rental units, 154 shall be restricted to very low income households, and 8 shall be restricted to low income households. Responsible Agency: Redevelopment Agency Schedule: 2002-2005 Evaluation: 162 rental units were developed in 2003, consisting of 73+very low income and 89 low income units. The Agency also developed 27 very low and Iv,income?senior rental units at the La Rocca Villas project during the previous planning period,. The Falcon Crest project consists of 93 ownership units, 13 of which are available to 1�intome,owners, and 80 of which are available for moderate income owners. Program 1.B The Agency shall continue to implement the Self Help Houfiing program, an shalMdentify 20 households to be assisted by the program in this p annitg p�1 Responsible Agency: Redevelopment Agency Schedule: 2004-2005 \A \\\\ Evaluation: There were six self-help 'hotsing units built�he„planning period, and 14 additional units are planned and will be constructed-in the a coming planning period. The Agency will continue to work with agencies such as,Nabitq(for'Mmu nitjF°and Coachella Valley Housing Coalition to ident jy addi/tio'nalproperties wheryerselfhelp a s mny he implemented. Program 1.0 /( � The Agency shall ontiilue to subsidize existing'affordable housing units in the City, including apartment units it owns now,andlin-the_future. Responsible Agency: Redevelopment g cy Schedule;ngaing�� Evaluation: The Agency owned 7451_nits at the beginning of the previous planning period. Du`ring,the,previous planning periAI'tthe Agency also acquired, restricted or constructed 335 additionalwnits, includingsl4l unless at California Villas, 48 units at Laguna Palms, 66 units at Country Villkge�and 30 untiis at Candlewood. 1n addition, 15 units at Villas on the Green, 31 units at Confers,and two units each at River Run One and Pacific Assisted Living were realized through density bonus pp/rov sions by third parties. Program 1.D The Agency shall maintain the existing resale restrictions and other subsidies on the Desert Rose project. Responsible Agency: Redevelopment Agency Schedule: Ongoing Evaluation: The Desert Rose project continues to be a fidly fmctioning project with income restrictions in place as they have been since its construction. There are 161 homes in the project, 24 of which are owned by very law income households, 108 by low income households, and 29 Housing Element Ill-3 } TN/City of Palm Desert General Plan/Housing Element by moderate income households. The Agency intends to maintain the affordability of this ownership project through the next planning period and beyond. Program LE The Agency shall maintain ownership of its 745 existing rental housing units in order to assure long term affordability for these projects. Responsible Agency: Redevelopment Agency Schedule: Ongoing Evaluation: The Agency has maintained ownership of the 745 units since the beginning of the previous planning period, and has purchased or constructed addliional units. See Program I.C., above. Policy 2 The City shall continue to strive to meet the State-mandated special shelter needs of large families, female headed households, single parent families, senior citizens, handicapped and homeless individuals and families, and shall consider.including units for such households in its projects. Program 2.A The City shall continue to enforce the provisions of the Federal.Fair Housing Act. Information on the Fair Housing Act, as well as methods for responding to complaints, shall continue to be available at City Hall in the Director of Housing's office. Responsible Agency: Housing Department,Redevelopment Ageticy Schedule: Ongoing Evaluation: The City n�ntains literature at City Hall relating to tenant rights and other Fair Housing Act issues as well as at each of the Agenev:s rental properties. The Redevelopment Agency also refers complaints to the Fair Housing Council of Riverside County. Program 2.B \ The City shall work with the Scn\Center and other appropriate agencies in assisting whenever possible in the housing of handicapped';esidents, through participation by the Redevelopment Agency. \ �. 1 r , Responsible Agency: Redevelopment Agency,Senior Center Schedule:Ongoing Evaluation: The Redevelopment Agency accommodates the Americans with Disabilities Act (ADA)in all its protects,and provides for ADA accessible or adaptable units in its new projects. In addition,privately developed projects are required to meet current ADA standards. Program 2.0 The development of homeless shelters and transitional housing shall be maintained as a conditional use in the R-3 and Planned Residential districts in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Ongoing Housing Element 111-4 TN/City of Palm Desert General Plan/Housing Element Evaluation: The City is home to a Shelter from the Storm facility which provides 20 two- bedroom transitional units for women and their children. In addition, the City is participating in the regional homelessness program being developed through the Coachella Valley Association of Governments (see Homelessness section, below). The City'.s Zoning Ordinance continues to allow homeless shelters as a conditional use. Program 2.D The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha's Village and Catholic Charities,to apply to the City for the assignment of CDBG funds for homeless services.Responsible Agency:City Manager's Office Schedule: 2003-04 Evaluation: The City annually receives requestsfrom, tions for assistance through the CDBG program. In the previous planning period, the City provided CDBG fiords to organizations .such as the Shelter from the Storm the Fair Housing Councilhand-t&! Riverside County Department of Social Services for homefe s pro rams. y Program 2.E The City shall encourage the acquisitio' of existing mobile home parks by non-profit agencies or organizations, in order to preserve theirVordabi,lity. Responsible Agency:Redevelopment Agee y,.City.Marn-ffice Schedule:Ongoing ,� ��� Evaluation: The Citv has.uiZ-acquired mobile�h5me p' arksYbrovgh this program, nor have third party organizations done so Hoivever, the Ciry�has implemented a mobile home improvement program as part if,f W Home Improvement Program as well as an ongoing code compliance program to assure thatdh ,qualitv.of life within mobile home parks is maintained This program ofmaintenance and improvement shall-be-continued in the current planning period. Policy 3- -�� The i y shall continue to,Uta, l�nd rental restrictions, applicant screenings, and other 11 t ' ns f approval in order to reserve affordable for appropn�te mechanisms estabhshed�as,cond ho o pp p sale housing-units for the long;term.0' Program 3 A� The City shall keep,in reguli contact with the Riverside County Housing Authority to ensure that Section 8 housing-assistance within the City is actively pursued. At least 50 households should be assisted evoryryear. Responsible Agency Housing Department Schedule: Ongoing Evaluation: The number of Section 8 assisted households varies from year to year in the City, but totals about 125 annually. There are currently approximately 35 Section 8 households in Agency owned properties. This program will be ongoing. Housing Element 111-5 II TN/City of Palm Desert General PlanMousing Element Program 3.B Should the Candlewood Apartments opt-out of their HUD contract, the City shall actively participate in the identification of a potential buyer to maintain affordability for this project.The Redevelopment Agency will also assist these organizations in securing financing. Responsible Agency: Redevelopment Agency Schedule: As needed Evaluation: The Candlewood Apartments were purchased by the Redevelopment Agencv during the previous planning period, and currently remain affordable to .Yeuy, low (23 units), low (4 units) and moderate (3 units) income senior households. This,prograun was successfully completed and will not be extended to the current planning perida Policy 4 The Redevelopment Agency shall annually allocate funds to.eligible p ojects for review and consideration,in conformance with its Five Year Implementation Plan. ` Evaluation: The Redevelopment Agency prepar�its 5.year Iniplementati\`Plan on the State mandated schedule. 77uis Plan requires that the Agency'allocate fends for projects through each five year cycle. In addition, the Agency regularly reviews revenues and opportunities, and adjusts future erpenditures based on these.opportunities. This Policy is ongoing. Policy 5 The City Council shall consider, as an additional incentive,'the redaction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Evaluation: The City has not included the deferral or reduction of fees in past projects, but has used a variety, of means, including density bonus and variations on development standards, to facilitate affordable housing production by private parties. The City Council continues to have the ability to include fee wuivers'or deferrals for affordable housing projects in the fraure. Policy 6 The City shall continue to address the needs of the senior population in the development of housing.'•\ \ Program6.A� ` i- The City shall maintain the Senior Housing Overlay District and the Second Unit Senior Housing standards in the Zoning Ordinance. Responsible Agencyi Community Development Department Schedule: Ongoing ` / Evaluation: The City/continues to include the Senior Overlay District and Second Unit Senior Housing standards in its Zoning Ordinance. Program 6.131 The Agency shall begin to develop plans for a senior housing project during this planning period. Responsible Agency: Redevelopment Agency,Housing Department Schedule:2003-04 Housing Element 111-6 l TN/City of Palm Desert General Plan/Housing Element Evaluation: The Redevelopment Agency completed the La Rocca Villas project during the past planning period, which provides 27 senior units for very low and low income households. Program 6.0 The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Redevelopment Agency,Community Development Department Schedule:Ongoing Evaluation: The assisted living projects in existence in the City at the beginning of the previous planning period continue to operate in the City. Policy 7 The City shall implement the State's density bonus law. Evaluation: The City maintains a density,bonus ord'ante, which was updated during the last planning period to assure compliance with the latest`sthie Auirements. 'his program is ongoing. Policy 8 The City shall encourage the rehabilitatio lxisting-housing un Program 8..A �j The Agency shall annua I'1 yfund- 'the Single amily�litation Program, and shall assist 25 households each year:( \\ Responsible Agency:,Redevelop'�nt Agency,Housing Department Schedule: 2003-04,Ongoi\ng\� Evaluation:`The�ncy coutin es to operate several home improvement programs wlaich inchudi�gronts and lc w��in��erest/bons. Grants vary in amount from$5,000 to$20,000 depending on household income antf type of imp}ro ment. Loans are available up to$45,000 depending on household income and qc [improvement. Types of improvements range from emergencies, lead and asb stos abatemenrt, energy efficiency upgrades as well as overall home improvement for health anil safety issues.` The Agency also maintains a Matching Fund grant program, which matches up to kd'00 ffr,.h�reible very low, low and moderate income households. Al! these programs have fimded requests when presented, and 145 households were assisted in the previous planning period. Program S.B The Agency shall establish and fund a multi-family residential rehabilitation program,and assist 30-40 multi-family units during the planning period. Responsible Agency: Redevelopment Agency,Housing Department Schedule: 2003.04 Housing Element 111-7 TN/City of Palm Desert General Plan/Housing Element Evaluation: The Agency fuouded rehabilitation programs for Agency owned properties throughout the planning period. The Agency has not received or identlfued rehabilitation requests from private owners which could be fmded through this program. As a rude, requests for assistance from privately owned apartment projects have been for purchase of those units, rather than rehabilitation. The Agency acquired California Villas and Country Village Apartments (formerly market units) during the previous planning period, which the Agency rehabilitated and converted to affordable units. The Agency acquired Candlewood Apartments and Laguna Palms in anticipation of the expiration of affordability restrictions. Please see the Existing Housing Projects section for details on these projects.Altogether, these projects provide 285 units of very low, low or moderate income housing in the City. Policy 9 ` ,�� The City shall maintain the Rental Subsidy Program, the Mortgage Subsidy Program and the Homebuyers Program. Evaluation: The Redevelopment Agency maintained a Rent Subsidy Program and assisted families that were overburdened in housing cost or were overcrowded to obtain suitable housing. The Redevelopment Agency has a First Time Homebuyer Progrim at Desert Rose and Falcon Crest, and has assisted 298 single family homes which have been sold to 45 very tow income households, 143 low income households, and 110 moderate income households. These homes all have long term resale restrictions which assure their affordability.' f, Policy 10 Promote the jobs/housing balance through the development of housing with convenient access to commercial land uses,schools,available public.transport and employment centers. Evaluation: With adoption of the General Plan in 2004, the City established the University Park Master Plan area, which provides a broad nrix of land use designations for an area encompassing 2,230 acres..The University Park'is focused on the California State University campus. 4rnd includes newly developed office and retail commercial development, and areas for high density residential development. Please see the Land Inventory section below for details on the lands available for housing in this area. v Policy 11 ---`.,.. Encourage energy conservation through the implementation of new technologies, passive solar site planning and enforcement of building codes. Please also see the Energy and Mineral Resources Element. j Evaluation: Tlmro❑ h.the Home Improvement Program tq'he Agency operates No programs for very law, low and moderate income households to promote energy conservation: the Drought Tolerant Landscaping Retrofit Program, which provides loans in the amount of$7,500 at a 3% interest rate for very low, low and moderate income households to convert landscaping to drought tolerant, low water using landscaping; and the Energy Efficiency Upgrade Program, which coordinates available energy efficient conversions with the Energy Management office at the City. In addition, the City has adopted an Energy Conservation Ordinance for the construction of all projects, and includes "Green" improvements in all Agency construction Housing Element 111-8 I TN/City of Palm Desert Geneml Plan/Housing Element projects to the greatest extent possible. This has included the installation of solar panels at Falcon Crest,La Rocca Villas and Palm Village. Housing Element 111-9 TtJ/City of Palm Desert General Plan/Housing Element DEMOGRAPHIC INFORMATION This section provides the demographic background for the residents of Palm Desert. The information is primarily based on 2000 U. S.Census data. Where more current data is available, it has been included in addition to the Census information. REGIONAL SETTING The City of Palm Desert is located in the Coachella Valley, m4astem Riverside County. Riverside County grew from 663,923 in 1980 to 1,110,000 in 1990,an increase of 67%. By the year 2000, the U.S. Census estimated that population in the,County had grown to 1,545,387. Since the completion of the Census, the Department of Finance (DOF) has annually estimated population growth. The DOF estimated that in January'of 2008;,.Riverside County had a population of 2,088,322,an increase of 35%over the 2000 population. Historic and Current City Population / Palm Desert has also experienced a rapid rate of growth; In,.1990 the Census reported a population of 23,252 in the City. From 1990 to 2006, the City's population grew to 41,284, an increase of 77%in ten years, and an average annual increase of just under 6.25%. By 2008, the DOF estimated that the City's population had grown to 50,907(including population from newly annexed areas), an increase of 23% in eight years. The City has grown at a rate slower than that of the County as a whole. ' r Population by Age Group and Ethnicity The Coachella Valley,has historically been a retirement area, and Palm Desert is no exception. The City's median age rose from 42.3 in 1990 to 48.0 in 2000. With the continuing aging of America, it is expected that this trend will continue. Table I11-14 illusCates the 2000 Census estimates for population by age group. y- ,Table III-14 Age Distribution,2000 . Age 4- Number %of Total Under 19 7,744 18.8% 20-34 6,030 14.6% 3544 5,372 13.0% \ 45-64 10,728 26.0% 65+ 11,410 27.6% Total 41,284 100% Source: 2000 U.S. Census Table 111-15 lists the ethnic distribution for Palm Desert in 2000. Housing Element III-10 TN/City of Palm Desert General Plan/Housing Element Table 111-15 City of Palm Desert Ethnic Characteristics,2000 Number %of Total White 35,961 87.1% Black 493 1.2% Native American 130 0.3% Asian&Pac. Islanders 1,061 ^ 2.6% Other 3,639 / 8.8% Total 41,284 !C 100% Hispanic 7,031 //-N 17.0% Note: the ethnic population numbers may seem distorted because the U.S. Census does not consider Hispanic ancestry to be a mce/or this reason,some Hispanics choose to list themselves under the classification for othe races. Source: 2000 Census of Population and Housing/ Household Size and Income , The City had a total of 19,370 households in 200��08,�the DOF estimated that there were 23,549 households in the City. Median household income in the City t�90 was $37,315,'�slightly higher than the County median income, which stood at $36,000 for the.same.,ttime periiod.!In 2000, median household income had risen to$48,316.The followmgtTabllists themumber of households in each income range in 2000. �,v [ � Table IfI-16 Y Gt� y H uBehold Income Distribution 2000 Income\ ,/, '1,No.ofjiH %of Total Eess.than$10.000 1,413 6.5% 10;000�14,999\� 1,128 1.4% 15,000,24;999 \Yy 2,128 11.0% 25,000.34,999 2,306 11.9% 35,000-49 949 3,111 16.1% 5 0,00-74,9991 3,715 19.2% 75"000-991 r999 1,938 10.0% 60,000=$149,000 1,919 9.7% $150,000-$199,999 815 4.2% $206,000+ 982 5.1% Total 19,370 100%* Source: 2000 U.S.Census *Differences due to rounding. The Census identified 538 families living below the poverty level in Palm Desert in 2000, of which 158 were female-headed households. Of the total female-headed households, 107 had children. Housing Element III-11 TN/City of Patin Desert Geneml Plan/Housing Element Employment and Major Employers The Census data also provided information on employment distribution in 2000. Of a total workforce of 17,384,the largest sectors for employment were retail trade and services. Table 111-17 City Employment by Industry,2000 Industry No. of/°/aofTotal Employees A Agriculture/Forest/Fish/Mining 82 - \ 0.5% Construction 1,427 '�\8.2% Manufacturing, Durables f 492 2.8% Wholesale Trade / -390 2.2%. Retail Trade 2,167 12.5"/a,. . Transportation,warehousing& w \ utilities \�5.30 \ 3.0% r' Information �, 372 2.1% Finance,insurance&real estate �1,705 9.8% Professional,scientific,management \, \ P &administration 1,806 10.4% Educational,health&social services 3,051 17.6% Arts,entertainment,recreation, /� accommodation&food service ' 3,760 21.6% Other services(except public administration 992 `.7% Public Administration 610 3.5% Total Employment b_v Industry 17,384 100% / Source: .2000 Census Hou�¢Characteristicc\� \' 1 The 2000.Census showed a total of28,071 housing units in the City in 2000, while the DOF estimates that the City has 28,982 housing units in 2008,as demonstrated in Table III-18. � I Housing Element III-12 L i TN/City of Palm Desert Geneml Plan/Housing Element Table I11-18 City Housing Characteristics Units in Structure 2000* 2008** Single Family,detached 11,120 13,453 Single Family,attached 9,551 9,679 2-4 Units, Multi-family 2,463 2,541 5+Units, Multi-family 3,738 5,120 Mobile homes 1,199 3,309 Total 28,071 /—'28,982 *Source: 2000 US Census **Department of Finance,January 2008 estima es<�, Age of Housing Stock \\\ The Census identified a total of 19,299 occupied hous�nits in 200-!,these, 7,888 were built before 1980, while 11,411 were less than 201 ars old. From 2000 to\\\20a. 7 an additional 3,452 units were constructed,of which 2,382 are estimated tol�occupied. \Yy Table 111-19 Age of Housing Units \\\\ Year Built NW-of Units %of TotalJ 2000-2007 �3452 15`2%? 1999-2000 372 1.6% 1995-199892 1990=1994 2,416�10.6% (1980-1989 \7,331 32.2% 1970-1 79 4;343 19.1% 1960-049. 2 351 10.3% 1940-4959_— ?i06 4.9% Before l940 88 0.4% Total\ \ 22,751 100% 5°urte: 2000 U.S.Cenws,City of Palm Doren Vacancy Status 11 The 2000 Census showed) total of 8,701 of the City's total 28,071 housing units to be vacant, for an overall vacancy rateof 31.2%. Correcting for seasonal or recreational units, which are considered vacan�bythe+'Census but are not available or used for permanent occupancy, the vacancy rate decreased to 6.3% in 2000. In 2008, the DOF estimates that 30.98% of the City's housing stock is vac nt, which adjusted for seasonality, results in a net vacancy rate of 5.98%. The vacancy rate in the City has remained consistent during the last eight years. Housing Element 111-13 TN/City of Palm Desert General Plan/Housing Element Table 111-20 Vacancy Status—2000 Unit Type No.of Units °6 of All Vacant Units For Rent 562 6.4% For Sale 351 4.0% Rented or Sold,not occupied 192 2.2% Seasonal,Recreational or Occasional Use 7,005 79.9% For Migrant Workers 0 0.0% Other Vacant 662 Z5% Total 8,772 1.00% Sours: 20W Cmeus Housine Tenure !/, Housing tenure for occupied units only in 2000 is s� b6wn in Table I11-21. `. Table 111-21 �-� r Housing Tenure—2000 _ Unit No.of Units`. % Owner Occupied - 12,964 \67.2% Renter Occupied 6,335_ .32.8%_ Total 119,299 100% _ Sources 20W C.SU$ Overcrowdine �� l The California Departmerihof/Housing and Community Development (HCD) establishes a standard of 1.01 persons per room as the criteria for defining"overcrowded"housing conditions. Overcrowilling is one of the specifically identified issues that must be addressed in the Housing Elemedt.Table 111-22 illustrates the Census estimates for persons per room.The Table illustrates that a total of 977 housing units in Palm Desert were overcrowded in 2000,representing 5.1%of the total occupied housing units in the City. Of the overcrowded units,678 were renter-occupied, and 299 were owner-occupied. I ousing Element 111-14 TN/City of Palm Desert General Plan/Housing Element Table 111-22 Overcrowding,2000 Persons/Room No.of HH Owner-Occupied Units 0.50 or less 10,938 0.51 to 1.00 1,727 1.01 to 1.50 180 1.51 to 2.00 87 2.01 or more 32 Renter-Occupied Units /. NI 0.50 or less 3;830. 0.51 to 1.00 827 1.01 to 1.50 278 1.51 to 2.00 249 2.01 or more �151 Source:2000 Census ) Housine Values The 2000 Census estimated values for o` 1mer-occupied single famillyy homes in the City. These are listed in Table 111-23. ``\ able Values,specified-caner-Occupied Housin"Units 20004r Value Number Less tha $50,000 86 $50;000 t3-99;999� 1,056 $100,000 to 1-49,999 2,714 $150,000`to 199,999 1,982 $200,000,to 299,999 2,554 $369,000 to 499,999 1,743 $k0;000 to 999,999 647 $1�00,000 or more 152 Source:2000 Census The median housing:unity c in 2000 was$189,100. For renters,the median contract rent at that time was$744.061.'Cument housing values and rental rates are further discussed below in the section titled"Economic Constraints". Housing Element III-I5 TN/City of Palm Desert General Plan4iousing Element EXISTING AFFORDABLE HOUSING PROGRAMS There are a number of projects and programs available in Palm Desert which provide a variety of services to the City's residents. In addition, regional, state and federal programs can also be accessed within the community. This section of the Housing Element provides a summary of programs available by a number of agencies. City Programs The City's affordable housing programs are provided through its'Redevetopment Agency. The Agency maintains a Five Year Implementation Plan which.includes an Affordable Housing Strategy& Compliance Plan. The latter provides specific allocation$ for assistance programs for the period from 2004 through 2014,which are briefly described below:. a Rental Assistance Program Owners of single-family homes, condominiums;mobile homes or apartments who rent to very low, low, and moderate income tenants may receive direct rental payment assistance from the Agency. The owner must, in exchange for the assistance,enter into a recorded agreement with the Agency assuring affordability of the rental units for 55 years. Acquisition, Rehabilitation and Resale _ This program allows the Agency to purchase existing market rate single family units,rehabilitate and refurbish them, and re-sell them to lower income households with affordability covenants. The Agency has completed four(4)units through this program.' Mortgage Assistance Program\ Very low, low,and moderate income owners of single-family homes,condominiums and mobile homes may receive assistance if their mortgage payment exceeds 30% of their income. Assistance is provided directly by the Redevelopment Agency. In exchange for the assistance, the homeowner is required-'to enter into a recorded agreement with the Agency assuring affordability of the home for 45 years.- . \� \ Homebuyers Assistance Program v' The Agency will provide assistance to very low, low,and moderate income persons in the form of low interest loans to be applied to down payment,non-recurring closing costs,reduction of the interest rate on the first trust deed, or any other cost associated with the purchase of a home, condominium or mobile.home.There are currently 298 homes in this program. i r Self-Help Housing The City and Agency will assist very low, low and moderate income households in constructing and purchasing their own home on existing lots of record within the City. There are currently 17 contracts with individual households in place for such assistance during this planning period,and funding has been allocated throughout the planning period. Housing Element III-16 TN/City of Patin Desert General Plan/Housing Element Home Improvement Program The Agency assists very low, low and moderate income households with home repairs by providing grants and low interest loans to program participants. The program has eight (8) components: • The Emergency Grant Component allows up to $7,500 for very low and $5,000 for low income households for emergency repairs to their homes. • The Rehabilitation Grant Component will grant up to$20,000 for home improvements to very low income households. • The Matching Fund Grant Component will match up to ;000 in home improvements with a homeowner who contributes the same amount or moie.to the improvements. This grant is available to very low,low and median income'ouseholds. • The Rehabilitation Loan Component allows up to,$35 000 for,active loans and S45,000 for a deferred loan for home improvements to low and median income•households. The Drought Tolerant Landscape Retrofit loan Component allows up to $7,500 in improvements that intend to reduce the,con umption of a natural resource-for very low, low and moderate income households. J� �/ • The Volunteer Assistance Component organized c/ ommunity involvement through volunteers for very low,low and moderate income households. • The Acquisition, Rehabilitation Resale Component allows the Agency to acquire properties available on the market•,for�Jp�e of�ehribilitation and resale to a qualified household. �, Y • The Lead and Asbestos Abatement`Component,will gfaant $7,500 to remove lead and asbestos from ththeefiomes•offvery low and low incomb,households. County and Fededa\l Prog`s! There are numerous O�s7ava�e to, ovide rental assistance and to encourage the P g P. g construction of_ne_w affordable�housing`The,following programs are available in the City of Palm Deccn: \Seei/on(HousineAsststancey The River ide,County Hot)sing Authority provides HUD Section 8 rental assistance to lower income rentersiwithin tQ City. The Authority annually subsidizes between--7s--And 90a roximatel hou shtlds in the City. CTAC....:... PDA Se ... et re a wide variety Of Fep(IFFS,and ean be eembined with ether funds fe&Oiiiiate fflRjOF repairs. Fair Housing Programs The City works with the County of Riverside Fair Housing Chapter to provide anti- discrimination, landlord-tenant mediation, fair housing training and technical assistance, enforcement of housing rights,administrative hearings,home buyer workshops, lead-based paint programs,and other housing related services for City residents. Housing F,lement 111-17 TN/City of Palm Desert General Plan/Housing Element 59 The--COnnty will fund- loans 9f 11p te-$20,,0 040r 4teme-improvers fftf fff jaalifyiRg Iewet' incom0 home owners ASSistgripp fi3F A. de"O" Payment is less then _ elosing eestq is up is u , iffSe ft OF . , AFFORDABLE HOUSING DEVELOPMENTS /j a The City of Palm Desert Redevelopment Agency purchased 8 housing complexes in 1998 to provide a wide range of housing for lower income residents. Since that time, an additional 6 complexes have either been acquired or constructed by the Agency in the City. Each of these complexes is described below. Agency Owned Family Apartments One Quail Place provides 384 one and two-bedroom apartments available to lower income ranges.There are 195 very low, 135 low.and 54 moderate income households currently living in the complex. 9 Desert Pointe is a 64 one and two-bedroom unit project which currently houses 40 very low- income households, 17 low-income households,and 7 moderate.income households. i Neighbors Garden Apartments has a total of 24 two-bedroom units, I 1 of which are rented by very low-income households, 9 of which are low-income tenants, and 4 are rented to moderate income tenants. Taos Palms.provides 16 two-bedroom units to�10 very low, 4 low and 2 moderate-income households. i California Villas is a 141,unit project which provides one bedroom units to 70 very low,63 low and 8 moderate income households.-The complex was acquired in March 2003. Laguna Palms provides 48 units which include 4 studios, 16 one bedroom and 28 two bedroom units to 19 very low income, 27 low income and 2 moderate income tenants. The complex was acquired in July 2003. / r Country Village Apartments provides 66 studios to 34 very low income and 32 low income households. The complex was acquired in September 2005. Agency Owned Senior Apartments The Pueblos originally provided 15 units. In 2008 the Agency acquired an adjacent property and combined the complexes for a total of 18 one-bedroom, l three bedroom unit for a total of 19 units to 14 very low,4 low and one moderate income senior households. Housing Element 111-18 TN/City of Palm Desert General Plan/Homing Element Catalina Gardens provides 72 studio and one-bedroom apartments to 55 very low, 13 low,and 4 moderate income senior households. Las Serenas Apartments has I50 one-bedroom units rented to 114 very low-income, 29 low- income,and 7 moderate-income seniors. Candlewaood Apartments provides a total of 30 one and two bedroom units to 23 very low, 4 low and 3 moderate income senior households. Affordable Units Built in the 200ti-2014 Planning Period /\\ Palm Village Apartments provides 36 two bedroom utlits for 18 very>low, 17 low and one moderate income household. The project consists of ew,construction+and was completed in November 2007. La Rocca Villas provides 27 one bedroom unit' s"for 3 vary low and 14 w,incoine senior households.The project was newly constructed,and operied,m'NovAmber of 2007. Affordable Ownership Projects Desert Rose, a 161 unit single-family:r�ojj�6�ctasdeveloped in 1996. The units are restricted for a period of 30 years to purchasers in the`very lour;low;and moderate-income categories. The project includes 24 very owgincome, 108Yow ricome andr29 moderate-income households. Facilities within the project-include community recreation aM daycare. The Rebecca Road and San M`i)io Homes wl%e,part of the Acquisition Rehabilitation Resale program. Three single family homes-were rehabliiiation and resold with resale restrictions for low and/mood�erate�-income households. Coachel" la Va!! ley Ho 1s�,C�'t `constructed a total of 11 self-help homes restricted to very low and'low income househollds,that purchased the homes through low interest loans and sweat- equity programs. JJV � 1 Habitat for Humanity constructed 6 single-family homes, which are restricted to very low- income households,that were purchased through low interest loans and sweat-equity programs. Building Horizons homcswere built as part of a vocational high school program, and provide two single-family homes for low-income households,with 30-year resale restrictions. Falcon Crest provides 93 single family homes for 13 low and 80 moderate income households. The project includes resale restrictions for a 45 year time period. Portola Palms Mobile Home Park includes 24 mobile homeowners, 17 of which are very low income,and 7 of which are low income.The project includes resale restrictions for 30 years. Housing Element III-19 TN/City of Palm Desert General Plan/Housing Element Other Affordable Projects Sevilla (formerly San Tropez) Apartments has 512 one and two-bedroom units, 103 of which must be restricted to low income households, in exchange for participation in the City's Density Bonus Program.The balance of the units are available to market households. Hovley Gardens is a private project which received Agency assistance and tax credits, and constructed 162 two, three and four bedroom rental units available to very low and low income households.The project was completed in 2003. `.. Canterro, which consists of a total of 306 units, includes 31 units affordable to very low and low income tenants. The units were created through the City's density bonus program. The Agency hopes to double the number of affordable units within this project during this planning period (please see the policies and programs below). /! 'i% '. Villas on the Green includes 76 studio and one bedroom units for persons over 55 years of age in the very low,low and moderate income categories.' \ i J The City has also conditioned projects to provide affordable units within otherwise unrestricted projects, resulting in a total of 49 additional units affordable to very low, law and moderate income households throughout the City. Summary of Affordable Housing Developments; The Agency owns and operates 1,111 multi-family housing units, and 265 units are owned and operated by thud parties. There are an additional 297 ownership units for very low, low and moderate income households. CONSTRAINTS TO THE DEVELOPMENT OF HOUSING This section of the Housing Element analyzes the governmental, environmental, physical and economic.constraints associated with the development of housing. These constraints can take many forms, but generally'increasethe cost of providing housing, which can have a potentially significant impact on affordable housing devclopment. \ Governmental`Constraints Permit Processine Palm Desert has historically provided expeditious processing for planning entitlements. The City encourages the concurrent processing of applications, and can complete the entitlement process on most projects in three to six months,depending on the approving body and the complexity of the application.The City's processes are not a constraint to the provision of affordable housing. Housing Element 111-20 TN/City of Palm Desert General Plan/Housing Element Application Fees According to a Rose Institute study for the year 2007, Palm Desert's planning application and permit fees are the lowest of the Coachella Valley cities,and do not represent a constraint on the provision of affordable housing.Table 111-24,below,illustrates typical permit fees. Table 111-24 Citv of Palm Desert Planning Department Fees Permit Type / Fee General Plan Amendment/Change of Zone 1,230.00 Architectural Review(single family) 168.00 Conditional Use Permit or Precise Plan 2,915.00 Environmental Assessment 158.00 Tentative Tract Map 2,915.00 Parcel Map i950.00 Somce:City off.[.Desert,2008 General Plan and Zoning Ordinance Constraint/ The residential districts of the Land UstElement allow a broad'range of densities for all types of development. The Low Density Residential,category allows O,to�4,units per acre; the Medium Density Residential designation allows 4�to�10'-uniLs-per acre; and the High Density Residential designation allows 10 to 22 units per acre':.The Lankuse de±;ignations also include a High Density Overlay, which was-specially created�fo> Univ re sity Park. This overlay has been placed on all land designatedAedium�Density Residential in thi5'University Park area. This overlay allows these ]ands to be developed at High Density Residential densities, when projects meet specific criteria, including the mix Hof housing types the proximity of the project to commercial services; the project's commitm2enf'to-including .ffordable housing units; and the provision of useable common-area open space. The Gity's Zones ing d i`tionn��llcl the General Plan,and include R-1,which allows up to 5 units per acre;the R-2 zone which allows up to 10 units per acre; R-3,which allows 17 units per acre;and,the PR zone,which allowsl0p to 25 units per acre for affordable housing projects. The Zoning Ordinance also includes the State's density bonus provisions, the second unit standards, and a Ser6r Hdtsing Overlay, which allows maximum flexibility in density because no density limit is specified,and each project is evaluated on its merits. The development standards in the Zoning Ordinance are also not restrictive, as shown in Table 111-25,below. Housing Element 111-21 TMCity of Palm Desert General Plan/Housing Element Table 111-25 Minimum Development Standards for Residential Zones Standard R-1 R-2 R-3 PR Units per Acre 5 10 17 18-22 Lot Area 8,000 sq. ft. 8,000 sq. Ft. 10,000 sq. Ft. 2,500 s.f. Lot Width 70 feet 70 feet 90 feet 250 feet Lot Depth n/a 100 feet 100 feet n/a Building Lot Coverage 35% 50% 50% 40% Common Area N/A N/A 300 s.f tlt 40% Building Height 1 story/18 feet 22 feet 22 feet 24 feet 7 Parking Required 2 spaces/unit 2 spaces/I f spaces/I 2 spaces/1 covered covered., covered Source:City of Palm Da Zoning Ordinance a Infrastructure Requirements " �'-- Most of the City is served by General Plan roads,�ater and sanitary sewer facilities:Individual development projects are required to connect to water and settler facilities, and are also required to improve roadways in and adjacent to the prcject.`Adjacent roadways must be improved to their ultimate half width, and include curb,gutter and sidewalk. Roadway standards for local or neighborhood streets that allow parking on both sides must have a paved width of 40 feet. The City will also allow deviations to these standards, including the narrowing of streets if on-street parking is restricted. Public Works Fees Table 111-26 depicts tho'City's Public Works fees, which include those fees associated with site preparation and infrastructure. \ \\ ' � Table II1-26 Public Works Fees Grading Plan Check per plan) $775.00 1 m 3 acres /! $310/acre ea.add.acre S SWPPPMPDES Plan Check $137.00/acre �PM10 Plan r' $258.00 '/z Street Improvement Plan Check $891.00/1000 LF Storm Drain Plan Check $1,290.00/1000 LF Signing and Striping Plan Check $882.00 Traffic Signal Plan Check $1.176.00 Faithful Performance Bonds 100%of Public Improvements 25%of Grading Signalization Impact Fee $50.00/unit Drainage Impact Fee $1,000-$1,500/ac.(based on location) Fringe Toed Lizard HCP Fee $2,371.00/acre Because individual projects vary greatly, it is not possible to determine an average cost per unit based on Public Works fees,however,the limited impact fees charged by the City make it one of Homing Element 111-22 TN/City of Palm Desert General Plan/Housing Element the less costly in the Coachella Valley in which to develop. These fees are not a constraint on the development of affordable housing. Building Code Requirements As with most communities in California, the City has adopted the California Building Code (CBC), and updates the Code periodically as State-wide updates are developed. Currently (2008), the City is enforcing the provisions of the 2007 CBC. The City cannot adopt standards that are less stringent than the CBC. Since all communities in the State enforce similar provisions, the City's CBC requirements are not an undue constraint,on the development of affordable housing. Building Permit Fees The Building Department charges on a per square foot basisodingpermit plan checks and inspections. For single family homes, the architectural/ana,stn�'ictural cliarg'�.is $0.33 per square foot for plan check, and $1.10 per square foot for inspection For multi-famil�,residential units, the architectural and structural plan check fees $0.28 pert quare foot for projects less than 15,000 square feet, and $0.25 per square foot f6r,tprcject oi.more than 15,p00"square feet. Inspection fees are$0.35 per square foot for the smaller projects, and $0.29 per square foot for the larger projects. In all cases, whether single family ormi7 iti_-family, additional charges apply for plumbing and electrical inspections \\\\' e In addition to the City's fees, residential dwe opers re responsible for the payment of the State mandated school fees, as well as connectiori•andfqr,metering fees for public utilities. These fees vazy somewhat from one provider to the next ut since'many of the utilities in the Coachella Valley serve all the cities the.f�eas.arc consistent throughou�tfic throughou�lhe area. Policy 6 of this Hon�,,Elemedt allows the Ciiy�,Council to waive fees for affordable housing projects on a case by case basis. Econoomiic onstraints.� Economic constraint`re tkose associated with the cost of land and construction, and the ability to`finance any housing, ranging from'6gle family homes to larger apartment or condominium projects. The"cost of land varies somewhat from City to City in the Coachella Valley, but the cost of construction,and theFability of homes and projects to financed,is regional in nature. Land and Housing Cc During the recent economic boom, land costs rose significantly throughout California. The cost of land has the potential to impact the overall cost of housing. Finished lots in Palm Desert can cost from $50,000 to over$200,000, depending primarily on location. Infill lots in the southern portion of the City are most difficult to find,as the City's core is mostly built out. The median cost of existing single family homes in Palm Desert has been significantly affected by the current economic downturn, standing at $300,500 in the 92211 zip code areas, and $201,500 in 92260 areas in December, 2008,353,900 ice„-Apr" ''„-�^Q, which is a 41% and 31% 43% decrease from the same period in 2007. The median price of new homes in mid-2007 was estimated to be$420,000,but this number is also expected to have come down in recent months. Housing Element III-23 TN/City of Palm Desert General Plan/housing Element The 2000 Census identified that the median rental rate in the City in 2000 was $735. In order to update this information to current (2008) conditions, representative rental rates for non- subsidized apartments were collected,and are provided in Table 111-27,below. Table 111-27 Representative Apartment Market Rental Rates in Palm Desert, 2008 r� Project Name Unit Size r Market / Rental Rate Sevilla I &2 Bdmi $95041,350 Desert Fountains Studio kI;Bdrm . 5720-$899 Desert Oasis Studio, 1,2&3 Bdma ' . s69941,410 The Enclave /1,2&#Bdrm $1;144-$1,568 Emerald Place Studio, 1 &2 Bdrm $965-51,115 Royal Palms 2 Bdmt $995' Construction Costs \ Construction costs have been similarly affected by current economic conditions. Single family construction costs range from XXXX�X�?(-VX U PDATG:\,'Mij_2_IY$95 to over $200 per square foot (excluding site improvements), varying.based oti the size of the home and the materials selected. Multi-family construction costs generally range from$90 to$150 per square foot. Financing Costs The cost of financing can also impact the development community's ability to fund projects.The current mortgage crisis has made single family loans extremely difficult to secure. Although this condition is not expected to continue through the entire planning period, the duration of the current economic downturn could impact the ability of developers to fund and construct affordable housing in the City. l Physical Constraints \ ` r Age of Housing Stock The City's housing stock is relatively new. As shown in Table 111-19, above, 7,888 existing housing units in the City are over 30 years old, representing 34% of the housing stock. Maintenance in the City;is not a significant issue, however, and the Redeve'opment Agency has programs in place to assist lower income households with home repairs and improvements. Environmental Constraints The City is identified as Zone III and IV in the Uniform Building Code for seismic activity.The UBC imposes certain standards for construction in these zones, which may add to the overall costs of housing. These standards, however, are necessary for the public health and safety, and are common throughout the Coachella Valley and California. The standards required to protect the City's residents from seismic hazards are not considered a constraint to the provision of housing. Housing Element III-24 TN/City of Palm Desert General Plan/Housing Element Energy Conservation In addition to the requirements of Title 24 of the Building Code,the City has enacted additional energy efficiency requirements,water conserving landscaping requirements,and has a number of energy conservation programs for residents. Although the cost of installation of energy efficient, "green"or similar products in a home or apartment may increase the initial cost, the affordable housing providers who participated in the City's workshops for this Housing Element clearly indicated that the cost differential was becoming smaller as technologlibs improved; and that the long term benefit to the home owners or renters was worth the addeAnitial expense. These developers,and the City's Redevelopment Agency, implement enemy conserving construction to the greatest extent possible in their projects. Housing Element Ill-25 TN/City of Palm Desert Geneml Plan/Housing Elcment HOUSING NEEDS SPECIAL HOUSING NEEDS This section of the Housing Element quantifies households with special needs such as farmworkers,the homeless and the elderly living in the City.These households can have housing needs which may be more difficult to address,and which require special attention. Farm Workers �`•, In 2000, there were 22 persons employed in "farming, fishing, and-foresstry" in the City, down from over 200 in 1990. The City's continued urbanization has eliminated farming activities in the City. Agricultural activities are focused on the east end Iof the Coachella Valley. As such Palm Desert is not an employment center for agriculture.,. a Homeless / The Riverside County Department of Public Social Services completed a homeless count in 2007 for all cities in the County. That effort identified 12 homeless persons in Palm Desert. A number of organizations provide services to the homeless throughout the Coachella Valley. In addition, Shelter From the Storm, which operates battered-women's shelters in several cities in the Valley, operated one in the City for 20 women and their. children. The City is also participating in the Coachella Valley Association of Governments' (CVAG) Homelessness Strategic Plan, which is currently (2008) establishing a regional shelter for 125 homeless persons. The shelter will also provide a central location for service providers to assist with transportation, health cafe, mental health services, child care, and other social services. The Strategic Plan also includes goals to establish 225 emergency shelter beds (doubling the current size), 225 transitional.housing units, 200 supportive housing units and 200 rental units in the western Coachella Valley by 2010. �\ The Elderly � In 2000, the City had'I1,339 persons over the age of 65, representing 27.6%of the population. These seniors were in a total of 7,356 households. The Census further indicated that there were 6,176 owner-occupied senior housing units,and 1,661 renter-occupied housing units. There are five senior apartment projects in the City which are owned by the Agency, providing 294 units for very low, low and moderate income senior households. Nursing care facilities in the City include the Carlotta, with 192 beds; Manorcare Health Services, with 178 beds; and Monterey Palms,with 99 beds. Disabled Persons The 2000 Census identified 7,833 persons in the City with disabilities, of which 3,505 were persons over the age of 65. The California Building Code requires that all new multi-family construction include a percentage of units accessible to persons with disabilities. The City of Palm Desert Building Department requires compliance with these standards as part of the Building Permit review and inspection process. The City's affordable housing projects include units for persons with disabilities. Housing Element Ill-26 TN/City of Palm Desert General Plan/Housing Element Large Families The 2000 Census indicates there were 1,052 households with five or more persons in the City. The Census further indicated that 589 of these households lived in owner-occupied housing units, and 463 lived in renter occupied housing units. The Census also identified a total of 1,879 housing units with 4 or more bedrooms. The stakeholders'workshop conducted in February 2008 in preparation for this Housing Element update revealed that local affordable housing providers, including the`Coachella Valley Housing Coalition,are finding that the need for larger units,although not eliminated,has been reduced in recent years. A drop in the number of children per family, andFaitattimdinal change in multi- generational living were theorized to be the reasons for the lower demand for these units. Single-Parent Families � 1,165 single-parent families resided in the City in 2000, 328 of whic%wer( posed of a male head of household,and 837 of which had a femald/head o_ f household. Affordable Units at Risk \\`U lI"/ The Sevilla apartments, formerly the Saint Tropez apartments, include 103 units restricted to very low, low and moderate income households. This project,'privately owned, is at risk of eliminating the affordability restrictions,during the planning paiod. The City has been in discussion with the owner of the project;a`_make ever ffort to assure the long term affordability of these 103 units. Riverside County Inc�omi n is Y( d Income limits for afford'ability ar) e established annually on a regional basis by the Department of Housing and Community Devellp rent Table 11I-28 provides the current (2008) income limits applicable in—Palm.'Dese5. 71lie median,household income for a family of four in 2008 is $62,000. Tattle 111-28 come Limits for Riverside County 2007 #of� Moderate Low Very Low Extremely Low Persons I N 49-0 043300 $334403 77 $20,78022 $I-2-03013 020 '/ 20 700 III 2 A 49 600rr50,790 IL 88093 7 L24 800$23 14 4880$14,4W 830 150 3 $55,800$63800 $44.640$42r $27900$2Fi 516.740$14,900 330 _1 00 4 JU 00O$79908 J49 600$47; JH 000$29 118 601}$d-7-50 300 -1540 5 $67,000$70?A0 53 600$547 $33,50094 $20,100$19;-1-50 490 -.9N 6 J7L9048?200 $57,520$34 $35.950$34 $21,570$29;0N Housing Element III-27 TN/City of Patin Desert General Plan/Housing Element 830 300 7 $70 900$87;900 $61,520$397 $38 950$36 $2y070$2 .PA 630 650 8 81 800$92;600 $65 440$62- $40 900$39 $2.1 540$23;450 450 _M Households Overpaying for Housine When a household pays more than 30% of a-its income toward ils'housing expenses, it is considered to be over-paying. The 2000 CHAS Databook identifies the following households overpaying for housing: Table 111-29 Overpa meat by Income Level 2000 Housebold Type Low Very Low Extremel y Income , Income`. Low Income' Total Renter Occupied 330 475 423 Elderly renters 230 260 ' 230 Small family renters 90 205 `. 168 Large family renters 10- 10 ` 25 t Total Owner Occupied 1,790 649 450 Elderly owners 1,020 480 i 300 Small family owners , 706 119 , 95 Large family owners 64 50 55 i Affordability of Housing In order to determine the level of affordability for market housing in Palm Desert,a comparison of for-sale and'for-rent market housing was undertaken.Table III-30 illustrates that the moderate income 6usehold of 4 in Palm Desert is able to find rental housing well within its ability to pay, buthfalls $83 per month short in being able to afford to purchase a median priced home. The Table demonstrates that although rental units are still affordable to moderate income households in the City'the moderate income household may not be able to purchase a home in the City. Housing Element III-28 I TN/City of Palm Desert General Plan/Housing Element Table III-30 Affordability of Housing 2008 Type of Housing Cost Ownership Rental Median Single Family $353,000 N/A Purchase Price Median Mortgage Costs $1,855 N/A (PITI) 1141, Rental Rate N/A ---"Z$1,150 30%of Moderate $1,772 '��$1,772 Household Income Affordability Gap -$83 $622 Regional Housing Needs Allocation `]� The State and Southern California Association of G men".ts develop housin allocations for each Housing Element planning period. For the 2006-201..4 planning period,Palm Desert's share of the Regional Housing Needs Allocation(RHNA)is: �i�1-31 RHNA by Income Citegory;2006-2014 Units ExtrremelyLow 4V 553 ff�ery Lowtlncome 552 f^.Low]ncomej 759 Moderate Income 847 Above Mode`ratc-linco—e 1,875 Total Uniti-Needed 4,586 Qu ntilie�es \\ Table 111-32 \\\\\\ Quantified Objectives Matrix 2006-2014 Income Cate oiv Acry Low I Low IModerate I Hi h Total New Construction 1,005 659 747697 1,875 4,286 Rehabilitation*y 100 100 4WI50 0 300 Conservation 20 20 20 0 60 *Includes394350 market units to be purchased,rehabilitated,and converted to affordable housing units by the Redevelopment Agency. Housing Element 1II-29 l'N!City of Palm Desert General Plan/Housing Clement LANDINVENTORY Since preparation of the 1998-2006 Housing Element, State law has changed to require specific analysis,on a parcel level basis,of lands available for the development of housing in the City. The City's Regional Housing Needs Assessment for 2006-2014 estimates that a total of 4,586 housing units will be built in the City. Of these, 1,875 are expected to he constructed for those of above moderate income. These units are expected to be market-driven, and constructed in the single family homes traditionally built in the City. The remaining 2,711 housing units are to be provided for those of very low,low and moderate incomes. The rising cost of land and housing makes it likely that these units will be of higher density, although they may be either for-sale or for-rent units. Land.m the southern portion of the City is mostly built out, with only inflll development opportunities.available al higher densities. The Land Use Element includes the University Park area;which�is designee.,to;accommodate this higher density. \ Table III-33 lists the available vacant lands in the City by Assessor's Parcel Number, provides the size of each parcel,and the potential number of units that could be developed on that parcel. It must be noted that the General Plan land use designations applied in 2004 have not been reflected to the Zoning Map. As a ,result, parcels shown�m the Table as PC (Planned Commercial), are designated Medium Density High Density Overlay in tSe General Plan, and will require Zoning Map amendments.The requirement for Zoning Map amendments is provided in the policies and programs of this Element. d Housing Element I11-30 l TN/City of Palm Desert General Plan/Housing Element Table 111-33 Inventoryy of Available Vacant Lands Assessor's Parcel No. Zone Size(Acres) Potential Units 694-130-009017 Parce1:D PC- 10.21 492176 Comment[LAI]:Parcel designations wnevend 694-130. 21010 mq�l Gl PC" 24.16 200 to explawtory trap and RW&G's high density 6 94-1 3 0.0020 1 8 also Pamel DJ PC" 3.48 72 reerlay..to,and are for subeomminee o,reonce 694-190-0OS Parce14l YC" IS o(2936 225160 p{�tts only. These will be deleted in subanobd to 694-200-014 Parcel J PC" 11.46 141A3 694-130.012 Pmcel El PR-5 3.7It, 3032 S Comment[LA27:Nine mat wis pareelnowis 694-4801 0-003 Parcel P VC" 250302 exclusively marker rate. This will disperse the high 685-010-005 rParcelA PC" /,, \l5 280432 dmsit and arordable unit wncentra6on. 694-310-001&005 Parcels Bl and B2 PR-5 / ! 35, 520 694-120-012 Parcel CI PC" 10 \ 200 627-273-018 R-3/ \ 03! \ 7 627-273-005 R-3/ " 0.3 \ ' 7 /4W 03 \ 3 625-17 1-001 ,L R3 0.3 N 'T 7 627-121-044 R,3\ ` 0.25 1i 6 627-121-045 R-3N �%J• 0.25 6 61T-144 nac R-3 \ \ 039 9 627-301-022 R-3 \ i 0.31 7 627-153-007 R-3 . \ 0.22 5 627-101-033 -0 - 39 -002 -017 . P" \ IM4 22 627-041 1 throw h 13 -29 031-0 3 OPS and -2 ,V 1.20 12 627-051-002 0.16 2 627-0 1-030 AN,//R-2 \ 0.17 2 627-0 2-006 R-2 I'' 0.17 2 627-52-031 'I\ R-2 0.16 2 627-52-0 3 aF�. ] \1,R--2 O.i6 2 627-084-001 R=2 022 2 627-084-003 R-2 0.19 2 627-182-DR P,-1 0.20 1 627-1 20 R-I 0.20 1 62 741 8 2-00 �_ R-I 0 17 1 27- 5 -042 N N / R-2 20 2 27-351-0 9 1 R-1 0.1 1 625-224T h R-1 0.1 1 625-126-009 I 1 R-_ 0.14 2 625-061-018\ R-1 0.15 1 625-021-008 ` , \ // R-I 0.19 1 625-031-011 \ / R-1 2.20 1 625-032-011 R-1 0.21 1 624-241-008 R-1 0.12 1 Total Land and Units 210:1 2-000 equt sm-zoning, perty eslgnaze rce roewona or ttnn ensny esl cram tg nstty Overlay in General Plan As shown in the inventory, approximately 2,700 units could be constructed on lands which are currently available for multiple family residential development. In addition to the vacant lands included above, the Redevelopment Agency currently has commitments for an additional 103 units at the Vineyards project, located at the northwest corner of Frank Sinatra Drive and Cook Housing Element Ill-31 TN/City of Palm Desert General Plan/Housing Flemcnt Street,as well as 21 additional units at Emerald Brook,located on the north side of Frank Sinatra Drive, west of El Dorado; and 31 units at the existing Canterra project; and has produced 88 units between June of 2006 and June of 2008, in this planning period (see Existing Housing Projects,below). Finally,the Redevelopment Agency continues to identify and purchase existing market rate apartment projects-feF purehase,eed conversion to affordable housing units (See Redevelopment Agency Funding section, below),and anticipates the purchase and conversion of 300 units during this planning period. Therefore, this Element identifies available lands or commitments and existing projects totaling 3,243 units;or more,which is more than sufficient to accommodate the very low, low and moderate income units assigned to the City in the RHNA for 2006-2014. / 1 i i \ y, Housing Element 111-32 TN/City of Palm Desert General Plan/Housing Element REDEVELOPMENT AGENCY FUNDING In order to achieve the units identified in the RHNA, and assure that the lands shown in the Table 111-33 are developed, Redevelopment Agency participation will be necessary. As part of this Housing Element update, the Agency prepared projections of revenue and expenses for the period from 2006 through 2014- The Agency receives approximately $16 million annually in housing set aside funds. The projections are provided in Table 111-34,below.-The nroiects shown in the Table reflect the City's current Implementation Plan allocations for the short term. The estimates shown for 2011 through 2014 are estimates based on prAbcted revenues and may thane based on actual revenues and Agency Board allocations-'.and yNorities, and upon the specific projects submitted for consideration. Housing Element Ill-33 TN/City of Palm Desert General Plan/Housing Element Table III-34 Redevelopment Aeencv Funding CASH BOND Reveng Expenditures Revenue Expenditures B inOtnq Balance _ 2551I9,77L _4�405R72 _ 2006 Programs _ 1ll 207 _ Capital Improvements _7 79 74 _4405&71 ACglnsittyna _4f14027 Owner Asssted Subsidies Prgrar s _279610 a nallmorgsmenjlino _ 4.472.2SQ ` 8UCA4Q Acorn n _ / . _5 133 978 Owner Assisted Subsld,e5 _ 8" 9 _ L 25.560�g39 Proxrams 2 Cao aallmprovemems _ � 032208 \ 9,122,527 Owner Assisted Subsides 'z_a^g442 --- 2009 8.421307 \_j Programs _ 11225 . Capital Imgovem ng - __205_10g, Acpukltl _ _1776$6„6k _ 3gO7.340 Owner Assisted ubvdgs 2010 8.794.730 Prosmms - �y '�iJ4 Cap.talImprQygmems 631„4 _2gg00000 AW ups bons -2 000 OOQ Owner Assisted ubOdie 1080139E 11 y"U9-284 40 000 000 _ Programs � � is 2.$86.0$9 gARMlm2rpgment5 „ 50 0�0 40,000.000 Acquisitions \ ,r' 2000000 (Tuner Assist d ++, s 7,476120_ — _ -f412 S 249.057� - Pyr 3.534512 Can tar' 2rovements - 2.OW,g00 _200„0000 ._ Owner A59is���Subsidie-�_ _ s• _ 7476,12_0- \ 2013 _ 6,199,217 _ Ptsaagmi \ \ 3448,417 CaQitallmprovemem 4.507500 AMws0ionl caner Assisted Subsoies' _ _ __1_5,0,848. 2014 _N 619 608 Programs _ 3 820 550 - LaNital Improvements 5 270 987 Acaursmoo _ I.5IXI0Q0 Owner Assisted Substd-es TOTAL AU YEARS 124,951,131 121.040,708 93,637,410 93637410 Ending0alanee - - 2,210.423 Progams 9C"dq A<3_'itipry ReM1+b&Resale Home Impmvemem P'�am Homed er Avstang Program,Rental Of"�san3Pros!am,S�If Help Ho_ne.Morteaee As54ban Proenm Mc10-Pom'v Axs,¢ ny.Pro ram�and Costs t Intain Arfprd+hJllty '$40MM Bond ixs.,pn�e_pMgbxw vmtp_get d- ndsa.v_mb_r:Y jbonQme ket Housing Element III-34 E � W U d `v lit- � � 'rN/City of Palm Desert Gcneml Plan/Housing Element PUBLIC PARTICIPATION The City held two community workshops at the beginning of the update process in February of 2008. These workshops were directed toward stakeholders and community members. A joint City Council and Planning Commission workshop was held in May of 2008, to review the revisions to the Element,and the goals,policies and programs. Finally,p1blic hearings were held before the Planning Commission and City Council for the adoption of the Element, in ,2008. v ` \ r \ r 4 Housing Clement II1-36 TN/City of Palm Desert General Plan/liousing Element GOALS,POLICIES AND PROGRAMS Goal 1 A variety of housing types that meet all of the housing needs for all income groups within the City. Coal 2 ^ The preservation and maintenance of the high quality of the City's affordable housing supply. Policy 1 � New affordable housing projects shall be encouraged in all areas of`the City. Special attention will be made to distributingthe units so that large c wl;&iitons of aT'fo able housing in an one area are avoided. Program LA The Agency shall implement the following affordable housing projects during the planning period: • an additional 51 units at the Vineyards • 31 units at Canterra Phase 11 • 21 units at Emerald Brook • 200 units at DinahShore and Portola Responsible Agency�.RedeVeloplUent Agency ' Schedule: 200o-2 �4 Program LB \\\` �� The Agency-§hall-pursue the plannmg-and,tm_ plementation of the following project during the plan`niinng period: �• "20.units th`illsinclude or single family for-sale and multi-family for rent units at Gerald Fd+Drive and Por`[ola Responsible.Agenev: Redevelopment Agency Schedule: 2006, 014 Program LC The City shall encourage and facilitate the development by private parties of the following projects for very low,low and moderate income units. Canment[u71:Note that the numbers below react the high deawy overlay matrix prepared by RW&G,except that 47 affordable units were deleted • 28"32 units at Key Largo from Parcel E in exchange for the 50 additional traits of.• d-9-5-194 units at Frank Sinatra and Cook Street city. This allows andrdeno in"parreother aces in in city. This allows the and re rcsa n'parcel to remain A_.... at0l., ene units t Dinah She-e and 35 fl, A ., n•n.-..d.,�....., n" ..a....es entirelyroarketntetmitsal7dWacre. Game ) • Approximately 2-50-302 units at Dinah Shore and 35`h Avenue(southeast comer) • 52 units at Frank Sinatra and Cook Street("The Vineyards"/northwest corner) Housing Element III-37 TN/City of Palm Desert General Plan(Housing Element Responsible Agency: Redevelopment Agency Schedule: 2006-2014 Program 1.D The Agency shall continue to implement the Self Help Housing program, and shall identify 15 households to be assisted by the program in this planning period. Responsible Agency: Redevelopment Agency Schedule:2006-2014 Program LE \i The City shall maintain its inventory of sites zoned for PR-7 and R-3, and shall encourage the incorporation of affordable housing units into these projects as they are brought forward. Responsible Agency: Planning Department 's \ Schedule:Ongoing as project applications are submitted- �• i Program 1.17 r In order to assure that sufficient lands are available for affordable housing projects described in Programs LA and 1.B, the City shall undertake;or shall•process private party Changes of Zone on the following parcels to provide zoning that is consistent with the General Plan and supportive of residential uses. Where necessary, General'Plan amendments will also be undertaken: • The east side of Monterey,at the western City limits • 20 acres of land at the southeast comer of Gerald Ford and Portola • 10 acres of land at the northeast comer of Dinah Shore and Portola • 19.6 acres of land at the southwest comer of University Park Drive and Cook • 34 acres of land at the southwest comer of 35"Avenue and Dinah Shore __19 acres of land at the southeast comer of35"Avenue and Dinah Shore Thy-Ozwt .i_ of Fre V arig. breTc in the east side of San Pablo Avenue and on the i side ofAY blo t �of Santa Rosa. Responsible Agency:Planning Department Schedule:2009-2014 Policy 2\\ ✓ The City_.shaTl '�Scoum e be rehabilitation of existing housing units through a variety of rn ffams. Proeram 2.A The Agent shall annually fund an A -u_isition. Rehabilitation, and Resale_ Program for 10 blighted homes each year. Responsible Auenev: Redevelooment Agency Schedule:2009-14 Proeram 2.B The Agency shall annually—fund—the Single Family Rehabilitation Program and Housing Improvement Program. for 20 households each vear.. Housing Element 111-38 TN/City of Palm Desert General Plan/Housing Element Responsible Aeencv: Redevelopment Agency Schedule:2009-2010,Ongoing Program 2.0 The Agency shall pursue and utilize Neighborhood Stabilization Program (NSP) funding to the greatest extent possible and shall use that funding to assist homeowners in the purchase and rehabilitation of blighted single family homes for up to four homes per NSP funding cycle. Responsible Aeencv: Redevelopment Aeencv Schedule: 2009-14 Policy-23 The City shall preserve existing affordable housing units. Program 23.A The Agency shall continue to subsidize existing affordable housing units in th�, including apartment units it owns now and in the future. Responsible Agency: Redevelopment Agency Schedule:Ongoing Program-2 3.8 The Agency shall maintain the existtng resale restrictions.,and,other subsidies on its 298 ownership units. Responsible Agency: Redevelopment Ag y Schedule:Ongoing Program 23.0 ��� The Agency shall m inta5 in ownership of its 1,1 Ifl existing rental housing units in order to assure long term affordabilityy,fo�these projects. Responsible Agency: Redevelopment Agency Schedule:: Ongoing Progtm23 D The—Agency shall continue its program of acquiring market rate apartment projects for rehabilitation>and conversionkdo affordable units, with the goal of converting 300 through the planning period. Effort khall be focused on blighted properties in Palma Village. Redevelo men fo'ect Ar�and south of Hi hwa III l between Portola Avenue and Deco of Hi hwa l I l between Portola Avenue and Dee Canyon Road. f Responsible Agency; Redevelopment Agency Schedule: 2006-2014" Program 23.E The City shall encourage the preservation of existing mobile home parks by non-profit agencies or organizations, in order to preserve their affordability. Responsible Agency:Redevelopment Agency,City Manager's Office Schedule: Ongoing Program 23.F Housing Element 111-39 TN/City of Palm Desert Geneml Plan/Housing Element The Agency shall coordinate between affordable housing developers and social service agencies to encourage the integration of services such as child care,job training,vocational education,and similar programs into new affordable housing projects. For on-site child care, the Agency shall consider allocation of the City's Childcare Mitigation Fee to new projects which provide the service. Responsible Agency: Redevelopment Agency, City Manager's Office, Community Development Department Schedule:Ongoing Policy 34 The City shall continue to strive to meet the State-mandated'special shelter needs of large families, female headed households, single parent families, senior citizens, and disabled individuals and families,and shall consider including units for.such households in its projects. Program24.A / .N \,. \ The City shall continue to enforce the provisions of the Federal Fair Housing Act.The City shall continue its referral program to the County Fair,Housing Office, and shall maintain information at City Hall and the Agency's affordable housing complex_es., Responsible Agency: Redevelopment Agency \ ' Schedule: Ongoing Program 24.8 \\ The City shall work with the Senior Center and other appropriate agencies in assisting whenever possible in the housing of disabled residents, through participation by the Redevelopment Agency. Responsible Agency: Redevelopment Agency,Senior Center Schedule:Ongoing! r \Policy35 \ The City shall strive to provide shelter for the homeless. Program 35.A The City shall continue to work with'C,VAG on a regional solution for homelessness, including the Multi-Service Center in North Palm Springs,and the beds and services it will provide. Responsible Agency: City Manager's Office,City Council Schedule: 2008-2014 Program 35.6 \ ` The development of homeless shelters and transitional housing shall be :maintained as a conditional use in then-3 and Planned Residential districts in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule:Ongoing Program 35.0 The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha's Village and Catholic Charities,to apply to the City for the assignment of CDBG funds for homeless services. Responsible Agency: City Manager's Office Housing Element III 111-40 i TN/City of Palm Desert General Plan/Housing Element Schedule: 2003-04 Policy 46 The City shall continue to utilize restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval in order to preserve affordable for sale housing units for the long term. Program 46.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued�tAt least 30 households should be assisted every year. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program 46.13 The Agency shall work with affordable housing organizations to preserve the affordability of the Sevilla project (formerly known as Saint Tropez)\whichNs currently at risk of losing its affordability restrictions. The Agency may consider,financialkassistance or purvuhase, assistance in preparing applications for funding through state\and+federal programs for third party ownership,and other means to assure the long term affordability of the project. Responsible Agency: Redevelopment Ag cy Schedule: 2008-2010 Policy 37 The Redevelopment Agency shall annuall,�te`ds to eligible projects for review and consideration, in conformance with its Five Year Implementation Plan. Policy q The City Council shal�onsid r,' as an additional incentive, the reduction, subsidizing or deferring of development fees-td`facih�'tate-the_dev6lopment of affordable housing. Policy.?����\ The Csity shall continue to,address the needs of the senior population in the development of housing;� \\li Y Program 49.A� The City shall, maintain th ,Senior Housing Overlay District and the Second Unit Housing standards in the Zoning Ordinance. Responsible Agency:Community Development Department Schedule: Ongoing Program 49.0 The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Redevelopment Agency,Community Development Department Schedule: Ongoing Policy S10 The City shall implement the State's density bonus law. Housing Element 111-41 TNICity of Palm Desert General PlaMiousing Element $eFiPv-9 shall e ab nb Pr-ag"mv%A The Agenej -sROTt-gmtia!15 fiind the Single Family lion Pfegfam AMA Heuiing Schedule!2091 04,Ongoing Policy 4-011 The City shall maintain the Rental Subsidy Program, the Mortgage Subsidy Program and the First Time Homebuyers Program. a Poliev 4412 Promote the jobsthousing balance through the development of housing with convenient access to commercial land uses,schools,available public transport and employment centers. Policy 4213 Encourage energy conservation through the implementation of newtechnologies, passive solar site planning and enforcement of building codes. Please also seethe Energy and Mineral Resources Element. r' Program 4213.A The City shall maintain an Energy,Conservation Ordinance which mandates conservation in new construction beyond the requirements of the California Building Code. Responsible Agency: Planning Department Schedule: 2010-2011 Program'1213 B � \` The City shall encourageGreen-Building techniques, recycling in demolition, and the use of recycled;repurposed and reused materials in all new affordable housing projects to the greatest extent possible. , Responsible Agency: Redevelopment Agency, Planning Department, Building Department, Public Works'Department Schedule:Ongoing Housing Element III-42 L TN/City of Palm Desert General Plan/Housing Element The City has also conditioned projects to provide affordable units within otherwise unrestricted projects, resulting in a total of 27 additional units affordable to very low, low and moderate income households throughout the City. Summary of Affordable Housing Developments The Agency owns and operates 1,111 multi-family housing units, and 481 units are owned and operated by third parties. There are an additional 303 ownership units for very low, low and moderate income households. CONSTRAINTS TO THE DEVELOPMENT OF HOUSING This section of the Housing Element analyzes the governmental, environmental, physical and economic constraints associated with the development of housing. These constraints can take many forms, but generally increase the cost of providing housing, which can have a potentially significant impact on affordable housing development. Governmental Constraints Permit Processing Palm Desert has historically provided expeditious processing for planning entitlements.The City encourages the concurrent processing of applications, and can complete the entitlement process on most projects in three to six months depf nding on the approving body and the complexity of the application. °�t°r Y�y CYeF(r Me fW r^' rO6I5, 7lhcf- �@ �ct*AP�{ The Cityre uires rew and approval for all single familyhorn tracts an1Y ------- Po matteA: a 5i . - q multi fqmil ro'ects hich can a races ed concurrent) with n other ermi mi ht 6 , '+yrn Z be re uired. is a sim le anal is assures that the pro'ect's deshaumnJ meets the requirements of the zone in which it occurs Applications when complete aze L.)� �Id'i OWt circulated to other City departments for comments The project will then be reviewed by the :DpyIQ�O� Architectural Review Committee and approved by the Planning Commission. Public notice and kN42 `y mailin s are made 10 da , prior to a ublic hearing. The findings needed fora royal of eith -h(Dot+"^f 0 p � ' ' permi pertain to the proiect's consistency with e i General Plan and Zoning_Ordinance• public health and safety and the site's physical ability to accommodate the vroiect The average processing time for a typical application is 4 to 6 months ,5tA-f- f which is generally consistent with most Valley cities, and does not represent a constraint. Individual single family homes do not regui and are chsGked b the Planning Department as art of the usu uildingplan checking process. �P 3 PAO km_hesr�y The City's processes are not a constraint to the provision or aOVffordable housing. Application Fees According to a Rose lnstitute study for the year 2007, Palm Desert's planning application and permit fees are the lowest of the Coachella Valley cities,and do not represent a constraint on the provision of affordable housing. Table I11-24,below,illustrates typical permit fees. Housing Elemcm lil-21 TN/City of Palm Dcsen General Plan/Homing Element Table III-24 City of Palm Desert Planning Department Fees Permit Type Fee General Plan Amendment/Change of Zone 1,230.00 Architectural Review(single family) 168,00 Conditional Use Permit or Precise Plan 2,915.00 Environmental Assessment 158.00 Tentative Tract Map 2,915.00 Parecl Map 950.00 Sou :City of Pal.Desert,2008 General Plan and Zoning Ordinance Constraints The residential districts of the Land Use Element allow a broad range of densities for all types of development. The Low Density Residential category allows 0 to 4 units per acre; the Medium Density Residential designation allows 4 to 10 units per acre; and the High Density Residential designation allows 10 to 22 units per acre. The Land Use designations also include a High Density Overlay, which was specially created for University Park. This overlay has been placed on all land designated Medium Density Residential in the University Park area. This overlay allows these lands to be developed at High Density Residential densities. The City's Zoning designations parallel the General Plan,and include R-1,which allows up to 5 units per acre;the R-2 zone which allows up to 10 units per acre;R-3,which allows 17 units per acre;and the PR zone,which allows up to 25 units per acre for affordable housing projects. The Zoning Ordinance also includes density bonus provisions, the second unit standards, and a Senior Housing Overlay, which allows maximum flexibility in density because no density limit is specified,and each project is evaluated on its merits. The development standards in the Zoning Ordinance are also not restrictive, as shown in Table III-25,below. Housing Element III-22 TNICity of Palm Desert General Plan/Housing Element Table III-25 Minimum Development Standards for Residential Zones Standard R-1 R-2 R-3 PR Units per Acre 5 10 17 18-22 Lot Area 8,000 sq.ft. 8,000 sq. Ft. 10,000 sq.Ft. 2,500 s.f. Lot Width 70 feet 70 feet 90 feet 250 feet* Lot Depth n/a 100 feet 100 feet n/a Building Lot Coverage 35% 50% 50% 40% Common Area N/A N/A 300 s.f./unit 40% Building Height 1 story/18 feet 22 feet 22 feet 24 feet Parking Required 2 spaces/unit 1 bdrm -2-1 271 spaces/unit Z1 spaces/unit 2 or more bdrms spaces/unit 2 spaces/unit A- 2 spaces/unit A- 2 eevered eovered spaces/unitH- 1 eeaefed Sown:City of Palm Desert Zonis ONinan" Lot width for Digit not per unit The City's development standards allow for two story development typical of all desert cities. Common area requirements in the R-3 and PR zones are also typical of desert cities and allow for clustering of units to allow for common area amenities. Even with imposition of the City's development standards. and assuming a unit size of 1,000 square feet, with two narking spaces per unit and 40% open space densities in excess of 22 units per acre could be achieved The City's development standards are not a constraint on the development of housing FormatteA: d Infrastructure Requirements Most of the City is served by General Plan roads, water and sanitary sewer facilities. Individual development projects are required to connect to water and sewer facilities, and are also required to improve roadways in and adjacent to the project. Adjacent roadways must be improved to their ultimate half width, and include curb, gutter and sidewalk. Roadway standards for local or neighborhood streets that allow'parking'on both sides must have a paved width of 40 feet. The City will also allow deviations to these standards, including the narrowing of streets if on-street parking is restricted. Pursuant to SB 1087 the Coachella Valley Water District shall-be provided the adopted Housing Element, and will be required to establish specific procedures to grant priority service to affordable projects As water and sewer services are installed in most neighborhoods in the City. the City's water and sewer provider will not be constrained in providing services in the City. The Coachella Valley Water District has an approved Urban Water Management Plan which was develo ed based on the Cily'E la build out. which states that they have sufficient su lies available to meet the Cit 's boil o t demands. Public Works Fees Housing Element Ill-23 TN/City of Palm Desert General Plan/Homing Element Table III-26 depicts the City's Public Works fees,which include those fees associated with site preparation and infrastructure. Table 11I-26 Public Works Fees Grading Plan Check(per plan) $775.00 1"3 acres $310/acre ea.add.acre Subdivision Plan Check $1,550 up to 8 lots;$78/lot each add. SWPPP/NPDES Plan Check $137.00/acre PM10 Plan $258.00 /i Street Improvement Plan Check $1,500.00/1000 LF Storm Drain Plan Check $1,290.00/1000 LF Signing and Striping Plan Check $882.00 Traffic Signal Plan Check $1,176.00 Faithful Performance Bonds 100%of Public Improvements Labor&materials Y:FPB 25%of Grading Signalization Impact Fee $50.00/unit Drainage Impact Fee $1,000-$1,500/ac.(based on location) MSHCP Fee 8-14 d.u./acre$533 14+d.u.,acre$235 WQMP Fee $2,000 deposit Because individual projects vary greatly, it is not possible to determine an average cost per unit based on Public Works fees,however,the limited impact fees charged by the City make it one of the less costly in the Coachella Valley in which to develop.These fees are not a constraint on the development of affordable housing. Building Code Requirements As with most communities in California, the City has adopted the California Building Code O jJ4.6\ �y (CBC), and updates the Code periodically as State-wide updates are developed. Currently I (2010),the City is enforcing the provisions of the 2007 CBC. The City cannot adopt standards 7 y,,VV that are less stringent than the CBC. The Ciyhas not adOQte��local amendments to the U•t Building Code. Since all communities in the State enforce similar provisions, the City's CBC rbv y �I requirements are not an undue constraint on the development of affordable housing. Building Permit Fees The Building Department charges on a per square foot basis for building permit plan checks and inspections. For single family homes, the architectural and structural charge is $0.33 per square foot for plan check, and$1.10 per square foot for inspection. For multi-family residential units, the architectural and structural plan check fee is $0.28 per square foot for projects less than 15,000 square feet, and $0.25 per square foot for project of more than 15,000 square feet. Inspection fees are$0.35 per square foot for the smaller projects, and $0.29 per square foot for the larger projects. In all cases, whether single family or multi-family, additional charges apply for plumbing and electrical inspections. Housing Element 11I-24 TN/City of Palm Desert General PlantHousing Element In addition to the City's fees,residential developers are responsible for the payment of the State mandated school fees, as well as connection and/or metering fees for public utilities. These fees vary somewhat from one provider to the next, but since many of the utilities in the Coachella Valley serve all the cities,the fees are consistent throughout the area. Policy 6 of this Housing Element allows the City Council to waive fees for affordable housing projects on a case by case basis. '------'-'-------'----------'---"-------'--------------------- --------- ----'-------------------- Formatted: , t1a Code compliance for structural deficiencies or maintenance problems is processed as follows: Ate— J43�� matted: t phone call and/or a site visit is made to inspect the reported problem and discuss correction of i rt+ . 3- + . 4' deficiencies with the owner. In most instances, this is sufficient to cause the violation to be e corrected by the ro rty owner. If the violation is not corrected a notice is sent to the owner 6 giving the owner 20 days to correct the violation. The City has the ability to directly abate a violation, if the owner is unwilling or cannot be located All costs associated with abatement are billed to the property owner. If the owner is unwilling to pay,a thk,lien is placed on the property. These procedures are typical of those emploved by most cities in California. and do not place an un-due constraint on the development or maintenance of housing. Economic Constraints Economic constraints are those associated with the cost of land and construction, and the ability to finance any housing, ranging from single family homes to larger apartment or condominium projects. The cost of land varies somewhat from City to City in the Coachella Valley, but the cost of construction,and the ability of homes and projects to financed,is regional in nature. Land and Housing Costs During the recent economic boom, land costs rose significantly throughout California. The cost of land has the potential to impact the overall cost of housing. Finished lots in Palm Desert can cost from $50,000 to over$200,000,depending primarily on location. Infill lots in the southern portion of the City are most difficult to find,as the City's core is mostly built out- The median cost of existing single family homes in Palm Desert has been significantly affected by the current economic downturn, standing at $253,519 for new homes, and $307,232 for existing homes in the second quarter of 2009. The median price of new homes in the second quarter of 2007 was$420,000 for new homes,and$454,064 for existing homes.Therefore,home prices have dropped 36%in two years. The 2000 Census identified that the median rental rate in the City in 2000 was$735. In order to update this information to current (2010) conditions, representative rental rates for non- subsidized apartments were collected,and are provided in Table III-27,below. Housing Element III-25 f TN/City of Palm Desert General Plan/Homing Element Table III-27 Representative Apartment Market Rental Rates in Palm Desert, 2010 Project Name Unit Size Market Rental Rate The Regent 1 &2Bdrm $845-$1,450 Desert Fountains Studio& 1 Bdrm $7204899 Desert Oasis Studio, I,2&3 Bdrm $630-$1,479 The Enclave 1,2&3 Bdrm $99041,580 The Vineyards 1 2&3 Bdrm $925-$1,750 Royal Palms 2 Bdrm $895 Construction Costs Construction costs have been similarly affected by current economic conditions. Single family construction costs range from$95 to over$200 per square foot(excluding site improvements), varying based on the size of the home and the materials selected.Multi-family construction costs generally range from$90 to$150 per square foot. Financing Costs The cost of financing can also impact the development community's ability to fund projects. The current mortgage crisis has made single family loans extremely difficult to secure.Although this condition is not expected to continue through the entire planning period, the duration of the current economic downturn could impact the ability of developers to fund and construct affordable housing in the City. Physical Constraints Ave of Housine Stock The City's housing stock is relatively new. As shown in Table 111-19, above, 7,888 existing housing units in the City are over 30 years old, representing 34% of the housing stock. Maintenance in the City is not a significant issue, however,and the Redevelopment Agency has programs in place to assist lower income households with home repairs and improvements. Condition of Housine Stock The Code Enforcement Department responded to 68 c miylaln4s or inquiries for dangerous buildings_in 2.009 This is reflective of the number of units reauiring_rehabilitation. In additipn, as described in the Evaluation section above 191 households were assisted throughthe City's Rehabilitation Program in the period from 1998 to 2005 or an average of 23 units almually. Environmental Constraints The City is identified as Zone III and IV in the Uniform Building Code for seismic activity.The UBC imposes certain standards for construction in these zones, which may add to the overall costs of housing. These standards, however, are necessary for the public health and safety, and are common throughout the Coachella Valley and California. None of the proposed sites occur on lands designated as AlQuist Priolo Earthquake Fault Zones by the State.._There are no active Housing Element 111-26 TN/City of Palm Desert Geneml Plan/Housing Element faults on any of the sites proposed for development of affordable housing units in the City. The standards required to protect the City's residents from seismic hazards are not considered a constraint to the provision of housing. Energy Conservation In addition to the requirements of Title 24 of the Building Code, the City has enacted additional energy efficiency requirements,water conserving landscaping requirements,and has a number of energy conservation programs for residents. Although the cost of installation of energy efficient, "green" or similar products in a home or apartment may increase the initial cost, the affordable - housing providers who participated in the City's workshops for this Housing Element clearly indicated that the cost differential was becoming smaller as technologies improved; and that the long term benefit to the home owners or renters was worth the added initial expense. These developers,and the City's Redevelopment Agency,implement energy conserving construction to the greatest extent possible in their projects. Housing Element Ill-27 TN/City of Palm Desert General Plan/Howing Element HOUSING NEEDS SPECIAL HOUSING NEEDS This section of the Housing Element quantifies households with special needs such as farmworkers,the homeless and the elderly living in the City. These households can have housing needs which may be more difficult to address,and which require special attention. Farm Workers In 2000, there were 22 persons employed in "farming, fishing, and forestry' in the City, down from over 200 in 1990, The City's continued urbanization has eliminated farming activities in the City. Agricultural activities are focused on the east end of the Coachella Valley. As such Palm Desert is not an employment center for agriculture. Homeless The Riverside County Department of Public Social Services completed a homeless count in 2009 for all cities in the County.That effort identified 38 homeless persons in Palm Desert. A number of organizations provide services to the homeless throughout the Coachella Valley. In addition, Shelter From the Storm, which operates battered women's shelters in several cities in the Valley,operated a transitional facility in the City for 20 women and their children. The City is also participating in the Coachella Valley Association of Governments' (CVAG) Homelessness Strategic Plan,which has established a regional shelter for 125 homeless persons. The shelter will also provide a central location for service providers to assist with transportation, health care, mental health services, child care, and other social services. The Strategic Plan also includes goals to establish 225 emergency shelter beds (doubling the current size), 225 transitional housing units, 200 supportive housing units and 200 rental units in the western Coachella Valley by 2010. The City permits homeless shelters as Conditional Uses in the R-2 and PRD Zones. This is no longer consistent with state law,and a program has been added which requires amendment of the Zoning Ordinance to allow homeless shelters by right in the Industrial zone.There are 168 acres of serviced, vacant land in this zone in the City. The Industrial zone is appropriate for such facilities because these lands are located on transit lines,near commercial and school sites, and in areas where other governmental services are available. Similarly,the City's Zoning Ordinance does not define or include single room occupancy facilities or transitional housing, and the program includes the modifications required to assure compliance with the law. The Elderly In 2000, the City had 11,339 persons over the age of 65, representing 27.6% of the population. These seniors were in a total of 7,356 households. The Census further indicated that there were 6,176 owner-occupied senior housing units,and 1,661 renter-occupied housing units. There are six senior apartment projects in the City which are owned by the Agency, providing 308 units for very low, low and moderate income senior households. Nursing care facilities in Housing Element 111-28 TN/City of Palm Desert General Plan/Homing Element the City include the Carlotta, with 192 beds; Manorcare Health Services, with 178 beds; and Monterey Palms,with 99 beds. Aisable$LPersons with Disabilities _---- ormatted: t. The 2000 Census identified 7,833 persons in the City with disabilities, of which 3,505 were persons over the age of 65. The California Building Code requires that all new multi-family construction include a percentage of units accessible to persons with disabilities. The City of Palm Desert Building Department requires compliance with these standards as part of the Building Permit review and inspection process. The City's affordable housing projects include units for persons with disabilities. The City adheres to State uidelines a artig handica ed access and promotes the a of principles of architectural design aid the disabled The Americans with Disabilities Act hl' uiMsall Agw multi-family construction to include a percentage of units be accessible to JJd t*»�iltte� Rersons he City monitors and requires compliance with these standards as part of the building permit review,issuance,and inspection process. The City imposes no special requirements or prohibitions on the develooment of housing for lr'ea 75 wfwl 4isabled-perseps beyond the requirements of the Americans with Disabilities Act There is no concentration restriction for residential care homes. State and federal law does not permit the City to regulate group homes of 6 or fewer residents Group homes of 7 or more residents are permitted,with approval of a conditional use permitio the R3 zone. Large Families The 2000 Census indicates there were 1,052 households with five or more persons in the City. The Census further indicated that 589 of these households lived in owner-occupied housing units,and 463 lived in renter occupied housing units. The Census also identified a total of 1,879 housing units with 4 or more bedrooms. The stakeholders' workshop conducted in February 2008 in preparation for this Housing Element update revealed that local affordable housing providers, including the Coachella Valley Housing Coalition, are finding that the need for larger units,although not eliminated,has been reduced in recent years. A drop in the number of children per family, and an attitudinal change in multi- generational living were theorized to be the reasons for the lower demand for these units. Single-Parent Families 1,165 single-parent families resided in the City in 2000, 328 of which were composed of a male head of household,and 837 of which had a female head of household. Affordable Units at Risk The Regent Palm Desert apartments, formerly the Sevilla or Saint Tropez apartments, located at 73373 Country Club Drive, include 103 units restricted to low income households.The project is not age-restricted. This project, privately owned, is at risk of eliminating the affordability restrictions in 2016.The proiect received a density bonus in exchange Housing Element III-29 i TN/City of Palm Desert General Plan/Housing Element for affordability covenants. The City has been in discussion with the owner of the project, and will make every effort to assure the long term affordability of these 103 units. Maintenance of the at-risk housing_units as affordable will deoend largelyon market condition the status of HUD renewals of Section 8 contract sand the attractiveness of financial incentives. if warranted. The cost to replace the lQ3 units_will_va.ty based on the ti.tningof replacement and the economic conditions in the region. The Building Industry 4Lssociation estimates that new mul—tl2le�family oroiects cost$125 to 1-1 30 per square foot. Using the average square footages,of 1.000 square feet the building grepl cep co t wQuldbe 13.4 million dollars. Perhaps the most effective means foLpreserving-affordable units at risk of conversion to market rates units would be the transfer of ownership. A nonproft housingcorooration could purchase the p_roiect rehabilitate it usingLvw Income Housing,Tax_Credi wand then extend the affordability ifflor0ability controls. The City could, if desired, facilitate this effort through a reduction in building permit fees,impact Fps,or other indirecjAss t e. Riverside County Income Limits Income limits for affordability are established annually on a regional basis by the Department of Housing and Community Development Table III-28 provides the current (2009) income limits applicable in Palm Desert. The median household income for a family of four in 2009 is $64,500. Table III-28 Riverside C nty Housing Program Income Limits 2009 Number of Persons in Family Income Category 1 2 3 4 Extremely Low $14,000 $16,000 $18,000 $20,000 Very low $23,300 $26,650 $29,950 $33,300 Low $37,300 $42,650 $47,950 $53,300 Moderate $54,200 $61,900 $69,650 $77,400 Median $45,150 $51,600 $58,050 $64,500 Source:HUD and HCD 2009 Housing Element 111-30 TN/City of Palm Desert General Plan/Housing Element Households Overpaying for Housing When a household pays more than 30% of its income toward its housing expenses, it is considered to be over-paying. The 2000 CHAS Databook identifies the following households overpaying for housing: Table III-29 ---------- --------------- Fo matted Ove a ment by Income Level 2000 Formatted:Not Highlight Household Type Low Very Low Extremely Income Income Low Income Formatted:"°[Highlight Total Renter Occupied 3301 05 _ 4a3804 433 43 Fonnatree:No Highlight - "--....J• Formatted:Not Highlight Elderly renters 2-N 35 20,380 2--M 5 -""-'-" --Small family renters 90 Formatted:Not HlgNght 0 �&537 818 -------t,,;'' Formatted:NotHigNght- Large family renters 1085 -1& 7 �3 5 - - Il Other 525 130 _ 425 ' `:',,{Formatted:Not Highlight - Total Owner Occupied 1-490 .330 649 220 450 550 - �Formattedm Not Highlight- ' - Formatted:Not Highlight .', Elderly owners --&20805 440480 415300 Small family owners 00-06 0�9 14593 ;.'•,', Fom acted:Not Highlight Large family owners 10564 530 533 Formatted:Not Highlight AI MU 220 155 135 ---h""'%",�rmatted.Not Highlight �L;'.•„CFortnatted:Not Highlight ;,: _ The Databook further indicates that in 2000, 40.4% of renters were paving more than l Formatted:Font:Not sad 30%of their household income for housing,and 33 5%of owners were ravine mare than `` Formatted:Not HgnigN _ 30%of their household income for housing, l Ss;';'•:'(; Fo matted:Font.Not sad +•;;I`++;:•; Formatted:Not Highlight ffordability of Housing '"":`' - _ ��•; Formatted:Font:Not Bold order to determine the level of affordability for market housing in Palm Desert, a comparison '• Formatted: - of for-sale and for-rent market housing was undertaken.Table III-30 illustrates that the moderateFom_Not sold,rvot Hig {q, Formatted:Font:Not Bold income household of 4 in Palm Desert is able to find rental housing well within its ability to pay, ';'s;: • -- - - _ A _ - •r""° but falls $83 per month short in being able to afford to purchase a median priced home. The :,�,;,< _Formatted:Not Hlghligh-_ - Table demonstrates that both rental and purchase units are affordable to moderate income i %g; Formatted:Not Highl g It households in the City,. ;; Formatted:Not Highligh[ mtatted:Not Highlight Table 111-30 5'[Formatted:Not Highlight ] Affordability of Housing 2010 ';:!;�Forrnatted:rva Highlight Type of Housing Cost Ownership Rental Forma Not Highlight Formatted: Median Single Family $280,000 N/A � ._ __ -Not Highlight Purchase Price ;,Formatted:Not Highlight Median Mortgage Costs $1,400 N/A Formatted:Not Highlight ITI j Formatted:Not Highlight Rental Rate N/A $1,150Formatted:Not Highlight mm;, oatted_Not Highlight 30%of Moderate $1,613 $1,613ortnatted:Don't keep with next Household Income Formatted:Indent:Left: 0",First I Affordability Ga $213 $463 Tab stops:Not at -1.97"+ -1.47"+ 0.51"+ 1.03"+ 1.43"+ 1R7"+ 1. 1.69"+ 1.75"+ 2.17"+ 2.6" Housing Element III-3l TN/City of Palm Desert General Plan/Housing Element Regional Housing Needs Allocation The State and Southern California Association of Governments develop housing allocations for each Housing Element planning period. For the 2006-2014 planning period,Palm Desert's share of the Regional Housing Needs Allocation(RHNA)is: Table 111-31 RHNA by Income Category,2006-2014 Units Extremely Low 553 Very Low Income 552 Low Income 759 Moderate Income 847 Above Moderate Income 1,875 Total Units Needed 4,586 Quantified Objectives -7Fo�rtnamed:Keep lines together • {Formatted:centered,None,Went:I Table H! 32 0.07",wgH: 0.07",Keep with next,IQ together,Tab stops: -1.97",Left+ Mattis,Quantified Objeetives 2006 2014 Left+ 1.03",Wght+ 1.43",Left+ Table III-32 + 1.69",Left+ 1.75",Left+Not at t O uantified Objectives Matr' 2006 2014 0.5"+ 2"+ 2.4"+ 2.61"+ 2.67" Income xtre Very Low Mode High Total , �together d:Keep with next,Keep IIn4 t Category melt' Low rate Form Tabley Low r Formatted:Keep wdh rw t,Keep Iln¢ New 502 +,-M 659 697 1,875 4,286 together Constructi 503 ?Form Formatted:Keep with nett,Keep I04 On � together i Form~:Keep wah rw t,Keep IN4 Rehabilita 50 5400 100 150 0 350 together tion* FonMftd:Keep wdh nett Keep IIn4 w together Conservat 10 120 20 20 0 60 :Keep with next Keep fin¢ ion together 1n:e!i,Jes 350 mytet onils t�ic��rch+red�ehrsfiilat and, �tFor :Keep with DM Keep 6n4 converted to aff rda m blc housine nits by the Ikedevelnnent Aeenev. •r��--� bltaled, . „• f Formatted:Keep with next,Keep II4 o9etl e -•,�. '--.,n-;,;-„�„�r Cj Formatted:Keep with red,Keep IIn4 1 togeow Formatted:Left r Formatted:Keep with nexL Keep lino together Housing Element Ill-32 TN/City of Palm Desert General Plan/Housing Element LANDINVENTORY Since preparation of the 1998-2006 Housing Element, State law has changed to require specific analysis,on a parcel level basis,of lands available for the development of housing in the City. The City's Regional Housing Needs Assessment for 2006-2014 estimates that a total of 4,586 housing units will be built in the City.Of these, 1,875 are expected to be constructed for those of above moderate income, and 847 for moderate income households. These units are expected to be market-driven, and constructed in the single family homes traditionally built in the City. The remaining 1,864 housing units are to be provided for those of extremely low, very low, and low incomes. Land in the southern portion of the City is mostly built out, with only infill development opportunities available at higher densities. The Land Use Element includes the University Park area,which is designed to accommodate this higher density. Table IH-33 lists the available vacant lands in the City by Assessor's Parcel Number, provides the size of each parcel, and the potential number of units that could be developed on that parcel. It must be noted that the General Plan land use designations applied in 2004 have not been reflected to the Zoning Map. As a result, parcels shown in the Table as PC (Planned Commercial), are designated Medium Density/High Density Overlay in the General Plan, and will require Zoning Map amendments.The requirement for Zoning Map amendments is provided in the policies and programs of this Element. Lands provided in the inventory have been calculated at a density of 15 to 20 units per acre. It is planned that the properties to be re-zoned will be changed to Planned Residential, or its equivalent which allows up to 22 units per acre. Assuming an average unit size of 1,000 square feet 28 units per acre can be achieved with 2 story buildings,which is the current height limit in the PR zone. This also assumes common area open space in compliance with Zoning requirements and surface parking As this zone allows building coverage of 40°/ there is more than sufficient space to accommodate the density assumed in the inventory. The vacant lands in the nort�section of the City where most of the City's affordable housing need is proposed to be met kfor sale in the rannpe of$170,000 tp$340,000 per acre.At a density of 15 unitsyeer acre land costs are therefore expected to be between $11 350 and $22 650 per unit Three recently completed affordable housing proiects in Palm Desert had construction costs ranging from$136,450 to$211,150 per unit Therefore,total construction cost in Palm Desert at a typical density of 15 units per acre will range from $147,800 to 233,800 per unit Projects in this cost range can be funded, when including HOME funds, tax credit funds or other promms and built at a density of 15 units per acre. Most importantly. the affordable housing community has indicated that proiects above this range are not mar ketabl in far as more dense ro'ects cannot be built and include the amenities and common areas make a project a liveable community for the families who are lookin r rental units. The Coachella Valley Housing Coalition and Palm Desert Development, attended the Cit 's worksho s clearly stated that they will not plan proiects at densities over 16 units per acre since the higher densities do not allow them to Great communities they can lease because they cannot provide the services and amenities create a healthy living environment- o matrea: Housing Element 111-33 s� cro TN/City of Palm Desert General Plan/Homing Element Table III-33 Inventory of Available Vacan/ands Assessor's Parcel No. General Size(Acres) Potential Plan/Zone Units ]Formatted:Not Highlight 694-130-017 D -M -H/ CPC' 10.21 176 I Fomatted[N 694-130-021 G R- -PC" 24.16 200 L Highlight 694-130-018 D -M R-H( 'PC' 3.48 72 Formatted:Not Highlight 694-190-008 H ,PC' 15 of29.36 160 CFormattatl:Not Highlight 694-200-014 Q) R-M.R-UP, _ _ 11.46-- .-..- --. 194. __ ,. .--�Formettetl:NOt Highlight - 1'PC* 694-130-012 E -HO�PR-5 33.71 235 (Formatted:Intlent:Left: 0.06" 694-130-003 F __ �'PC" 18.92 302 - t Formatted:Not Highlight 685-010-005 A -R,PC• 13 0 432 {Fomtatted:Not Highlight 694-310-001 &005 B C-R+PR-5 35 520 _ - {Formatted:Not Highlight 694- -012 C - P/PC• 10 200 {Formatted:Not Highlight - Rt-3 0.3 7 . 627-273-005 - rR-3 0.3 7 {Formatted:Not Highlight (Formatted:Not Highlight - 625-171-001 -MAR-3 0.3 7 FFormatMtl:Not Highlight 627-121-044 -HLR-3 0.25 6 rb�attad:Not Highlight 627-121-045 - AR-3 0.25 6 , Formetted:Not Highlight 627-301-022 -H;R-3 0.31 7 - Formatted:Not Highlight 627-153-007 -H,R-3 0.22 5 - - {Formatted:Not Highlight -038 -039 -002 -017 P' 1.64 22 627-041-010 throw h 013 -29 031 -033 -M,OP•and R-2 1.20 19 Formatted:Not Highlight 627-051-002 -MAR-2 0.16 2 Formatted:Highlight 627-031-030 iR-2 0.17 2 {Formatted:Not Highlight 627-052-006 -M;R-2 0.17 2 Formatted:Not Highlight 627-052-031 - ,R-2 0.16 2 627-052-033 -M 1R-2 0.16 2 Fomratted:Not Highlight 627-084-001 - /R-2 0.22 2 Formatted:Not Highlight 627-094-003 - 'R-2 0.19 2 Formatted:Not Highlight 627-182-004 - ,`R-1 0.20 1 627-182-005 -H/R-1 0.20 1 - (Formatted:Not Highlight 627-182-006 -H/R-1 "0.17 1 E Formatted:Not Highlight 627-351-042 -2 0.20 2 (Famatted:Not Highlight 627-351-019 -1 0.17 1 Formatted:Not Highlight 625-224-001 -1 0.19 1 Formetletl:Na Highlight625-126-009 -3 0.14 2 _ yy 625-061-018 0.15 1 ` (Formatted:Not Highlight 625-021-008 -M,R-1 0.19 1 Formatted:Highlight 625-031-011 -M,R-1 2.2 1 '�Formettied:Highlight 625-032-011 - R-1 0.21 1 I + 624-241-008 -MLR-1 0.12 1 .L Formatted:Highlight Total Units 2 605 Formatted:Highlight egmres re-zoning.General Plan roperty designatedice essiona or min ensrty esi enha HighDensity O verlay in Formatted:Not Highlight - Fomatted:Not Highlight As shown in the inventory, approximately 2,605 units could be constructed on lands which are f Fornattedr W Highlight currently available for multiple family residential development. In addition to the vacant lands �Fomatted:Not Highlight Fratedm Highlight Housing Element 111-34 TN/City of Palm Desert General Plan/Housing Element included above, the Redevelopment Agency currently has commitments for an additional 103 units at the Vineyards project, located at the northwest corner of Frank Sinatra Drive and Cook Street,as well as 21 additional units at Emerald Brook,located on the north side of Frank Sinatra Drive, west of El Dorado; and 31 units at the existing Canterra project; and has produced 88 units between June of 2006 and June of 2008, in this planning period (see Existing Housing Projects,below).The City therefore has capacity to accommodate 2,848 units-and a RHNA need of 1864 units for low. very low and extremely low income households. The City therefore has capacity for 984 units more than its RHNA need in these income categories SSnecifically,the following units, their status in the planning and/or constriction process,and the anticipated financing if known edescribed below(these descriptions match the units described in Programs LA, LB and LC):are •----- - formatted: tp In�to`9eNe o , • 31 units at Canterra Phase U: The project is approved, and a Development Agreement ism,, + tsar art o in place with a private developer. That developer will secure funding. The project is + + a .6 inactive due to economic conditions. rmatted: e n • 21 units at Emerald Brook: The project developer has secured entitlements. The developer will secure funding The proect is inactive due to economic conditions. • 200 units at Dinah Shore and Portola• The property is owned by the Redevelopment Agency. The Agency will consider Agency funding, or a partnership with a private developer or non-profit organization in the development of the site. • 72 units at Carlos Ortega Villas: The property is Agency owned. The Agency is currently undertaking proiect design.The pr iect will be Agency funded. • 16 units at Sagecrest Apartments: The property is Agency owned. The Agency will demolish the existing market rate proiect and rebuild with Agency funds. • 520 units that will include single family for-sale and multi-family for rent units at Gerald Ford Drive and Portola: The property is owned by the Redevelopment Agency. The Agency will consider Agency funding or a partnership with a private developer or non- profit organization in the development of the site. • an additional 51 units at the Vineyards: The units are built market rate apartments. The Agency has an agreement with the developer to purchase affordability covenants • 432 units at Key Largo: The property is privately owned. The developer may request* rmatted. N e Agency funding for a part of the proiect The proiect is inactive due to economic conditions. • 194 units at Frank Sinatra and Cook Street: The property is privately owned. The property owner will secure financing The project is inactive due to economic conditions • Approximately 302 units at Dinah Shore and 35'h Avenue (southeast corner): The property is privately owned The property owner will secure financing The project is inactive due to economic conditions. • 52 units at Frank Sinatra and Cook Street `°fhe Vine ards" / northwest comer): The project is complete and occupied(220OV. ZD I O As many of these sites are larger, Program 1 G has been provided to encourage the subdivision of these sites to facilitate multi-family development. Housing Element 111-35 it TN/City of Palm Desert General Plan/Housing Element Finally, the Redevelopment Agency continues to identify and purchase existing market rate apartment projects for conversion to affordable housing units (See Redevelopment Agency Funding section, below), and anticipates the purchase! and conversion of 350 units during this planning period. Therefore,this Element identifies available lands or commitments and existing projects totaling 3,095 units or more,which is more than sufficient to accommodate the very low and low income units assigned to the City in the RHNA for 2006-2014. Housing Element 111-36 r �c 2bAv a y .O TN/City of Palm Desert o O `n General Plan/Housing Elemcm V s -q'j GOALS,POLICIES AND PROGRAMS _\ � Goall ^� A variety of housing types that meet all of the housing needs for all income groups within the (� a City. Goal 2 The preservation and maintenance of the high quality of the City's affordable housing supply. Policy 1 3, ew affordable housing projects shall be encouraged in all areas of the City. Special attention 3 N will be made to distributing the units so that large concentrations of affordable housing in any one area are avoided. C Program LA b The Agency shall implement the following affordable housing projects for extremely low. very �2 low and low income households during the planning period: Q • 31 units at Canters Phase II fs • 21 units at Emerald Brook 200 units at Dinah Shore and Portola • 72 units at Carlos Ortega Villas Q�1 • 16 units at Sagecrest Apartments Responsible Agency: Redevelopment Agency Schedule: 2010-2014 } Program 1.B ,A\� The Agency shall pursue the planning and implementation of the following projects for (/ extremely low,very low and low income households during the planning period: 3 • 520 units that will include single family for-sale and multi-family for rent units at Gerald Ford Drive and Portola • an additional 51 units at the Vineyards . Responsible Agency: Redevelopment Agency Schedule: 2010-2014 Program LC The City shall encourage and facilitate the development by private parties of the following projects for extremely low,very low, low and moderate income units: • 432 units at Key Largo Housing Elcment 11141 i TN/City of Palm Desert General Plan/Housing Element • 194 units at Frank Sinatra and Cook Street • Approximately 302 units at Dinah Shore and 35th Avenue(southeast corner) • 52 units at Frank Sinatra and Cook Street("The Vineyards"/northwest corner) Responsible Agency:Redevelopment Agency Schedule: 2010-2014 Program 1.1) 6Z The Agency shall continue to implement the Self Help Housing program, and shall identify 15 \, households to be assisted by the program in this planning period. Responsible Agency: Redevelopment Agencye°`�dy Schedule: 2006-2014 Program LE The City shall maintain its inventory of sites zoned for PR-7 and R-3,anl shall encourage the incorporation of extremelylow, very low and low income affordable-housing units into these projects as they are brought forward. Responsible Agency: Planning Department Schedule: Ongoing as project applications are submitted Program 1.F In order to assure that sufficient lands are available for affordable housing projects described in Programs LA and LB, the City shall undertake or shall process private party Changes of Zone on the following parcels to provide zoning that is consistent with the General Plan and supportive of residential uses. Where necessary, General Plan amendments will also be undertaken: • The east side of Monterey,at the western City limits • 20 acres of land at the southeast comer of Gerald Ford and Portola • 10 acres of land at the northeast corner of Dinah Shore and Portola • 19.6 acres of land at the southwest corner of University Park Drive and Cook • 34 acres of land at the southwest corner of 35`h Avenue and Dinah Shore 19 acres of land at the southeast comer of 35°Avenue and Dinah Shore • The south side of Fred Waring Drive on the east side of San Pablo Avenue and on the west side of San Pablo north of Santa Rosa. Responsible Agency:Planning Department Schedule: 2011 Program 1.G .The Cetty will encourage further land divisions resulting ii parcel sizes that facilitate multifamily development affordable to lower income households in light of state, fedgral anti local_fintancine programs (i.e 50-100 units).The City will offer incentives for the development of affordable housine includin t not limited to: • priority to processing subdivision maps that include ff�ordable housing unity _ • expedited review for the subdivision of larger -sites—into buildable lots where the development application can be found consistent with the Specific Plan, Housing Element 11142 TN/City of Palm Dcsert General Plan/Housing Element • financial assistance(based on availability of federal, state, local fouodati2ns and private JI[Poomatted: housing funds), . ... ................ . ... . ... .. ..... . .... ..... .... __ Forma Responsible Agency: Planning Department ------ ------------------- -------------------- orm Acheduk-,2011-2014� --------------------------------------------------- ----- ------ --------- --------------- =a tted: on ------------------ --------------- --------- --------------------------------------------- ------------------------ ------ Proerant IM auto Properties described in Program LF will be designated to assure that 16 units are permitted E)er-,, site q least 50% of the remaining need will be accommodated on sites allowing exclusjvelX. Forma Fo of 20 units per acre are provided on the sites designated for exclusively residential use. The Fo matted: no residential uses pursuant to Government Code Section 65583.2 (i)7 and that minimum densities City's zoning standards currently permit multifamily uses without a CUP or other discretionary CJ Permit. Responsible Agency: Planning Department Schedule: 2011-2012 Formatted: Policy 2 beji"6, The City shall encourage the rehabilitation of existing housing units through a variety of jk,2t 0- f5 programs. %Jk Program 2.A The Agency -c shall annually fund an Acquisition, Rehabilitation, and Resale Program for.10 blighted homes each year. Responsible Agency: Redevelopment Agency Schedule:2009-14 oil Idwe Program 2.B The Agency shall annually fund the Single Family Rehabilitation Program and Housing Improvement Program,for 20 households each year. tte esponsible Agency: Redevelopment Agency -t,>re Schedule: 2009-20 10,Ongoing Program 2.0 eaAO The Agency shall pursue and utilize Neighborhood Stabilization Program(NSP) funding to the W'��r (-Clr greatest extent possible, and shall use that funding to assist homeowners in the purchase and r r rehabilitation of blighted single family homes for up to four homes per NSP funding cycle. ,VA. Responsible Agency: Redevelopment Agency ej� av�f Schedule: 2009-14 ge VlOtPolicy3 P�hu(e- The City shall preserve existing affordable housing units. rogrant 3.A The Agency shall continue to subsidize existing affordable housing units in the City, including )i;, j5 apartment units it owns now and in the future. Responsible Agency: Redevelopment Agency Schedule: Ongoing Housing Element 11143 TN/City of Palm Desert General Plan/Housing Element Program 3.13 The Agency shall maintain the existing resale restrictions and other subsidies on its 303 ownership units. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program IC The Agency shall maintain ownership of its 1,111 existing rental housing units in order to assure long term affordability for these projects. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program 3.13 The Agency shall continue its program of acquiring market rate apartment projects for rehabilitation and conversion to affordable units, with the goal of converting 350 through the planning period. Efforts shall be focused on blighted properties in Palma Village, Redevelopment Project Area 4, and south of Highway 111 between Portola Avenue and Deep Canyon Road. Responsible Agency:Redevelopment Agency Schedule: 2006-2014 Ol` Program 3.E The City shall encourage the preservation of existing mobile home parks by non-profit agencies or organizations, in order to preserve their affordability. The City will directly contact CVHC DACE_and otiers should a mobile home park befit iy_fQr saIe and assist through cermit streamlining in its sale t. ,f possible. Responsible Agency: Redevelopment Agency,City Manager's Office Schedule: Ongoing Program IF The Agency shall coordinate between affordable housing developers and social service agencies when new oroiects are developed to encourage the integration of services such as child care,job training, vocational education, and similar programs into new affordable housing projects through direct contact with Uoth_.parties. For on-site child care, the Agency shall consider allocation of the City's Childcare Mitigation Fee to new projects which provide the service. Responsible Agency: Redevelopment Agency, City Manager's Office, Community Development Department Schedule: Ongoing Policy 4 The City shall continue to strive to meet the State-mandated special shelter needs of large families, female headed households, single parent families, senior citizens, and disabled individuals and families,and shall consider including units for such households in its projects. Housing Element IIl-04 TN/City of Palm Desert General Plan/Housing Element Program 4.A -' Formattetl: ee t eep n The City shall continue to enforce the provisions of the Federal Fair Housing Act. The City shall continue its referral program to the County Fair Housing Office, and shall maintain information at City Hall and the Agency's affordable housing complexes. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program 4.B The City shall work with the Senior Center and other appropriate agencies in assisting whenever possible in the housing of disabled residents, through participation by the Redevelopment Agency. Responsible Agency:Redevelopment Agency,Senior Center Schedule: Ongoing Policy 5 The City shall strive to provide shelter for the homeless. Program 5.A The City shall continue to work with CVAG on a regional solution for homelessness, including the Multi-Service Center in North Palm Springs, and the beds and services it will provide, discussion on page 28 regarding CVAG's program) Responsible Agency: City Manager's Office,City Council Schedule:2008-2014 Program 5.13 The City shall amend the Zoning Ordinance as follows: a. Allow emergency shelters by right in the Industrial zone. Approval shall be through a non- discretionary design review process. , b. Transitional and supportive housing shall be subject to only those restrictions that apply to other residential uses of the same type in the same zone c. Define Single Room Occupancy facilities. d. Allow Single Room Occupancy facilities in the Industrial zone, subject to approval of a conditional use permit. The Zoning Ordinance shall be clarified to state that handicapped ramps are permitted in the front, side or rear yard setback of any residential structure. A reasonable accommodation procedure shall be established to provide exception in zoning and land use for persons with disabilities. Responsible Agency: Community Development Department Schedule:Angeing2011 Program 5.0 The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha's Village and Catholic Charities,to apply to the City for the assignment of CDBG funds for homeless services. Responsible Agency: City Manager's Office Schedule: 2003-04 Housing Element 111-45 TN/City of Palm Desert General Plan/Housing Element i Policy 6 The City shall continue to utilize restrictions, app'icant screenings, and other appropriate mechanisms established as conditions of approval in order to preserve affordable for sale housing units for the long term. Program 6.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 30 households should be assisted every year. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program 6.13 The Agency shall work with affordable housing organizations to preserve the affordability of the Regent Palm Desert project (formerly known as Sevilla.or Saint Tropez), which is currently at risk of losing its affordability restrictions in 2016.The Agency may consider financial assistance or purchase, assistance in preparing applications for funding through state and federal programs for third party ownership,and other means to assure the long term affordability of the project. Responsible Agency:Redevelopment Agency Schedule:2410-2042()14-20W Policy 7 The Redevelopment Agency shall annually allocate funds to eligible projects for review and consideration,in conformance with its Five Year Implementation Plan. Policy 8 The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Policy 9 The City shall continue to address the needs of the senior population in development of housing. Program 9.A The City shall maintain the Senior Housing Overlay District and the Second Unit Housing standards in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Ongoing Program 9.0 The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Redevelopment Agency,Community Development Department Schedule: Ongoing Policy 10 The City shall implement the State's density bonus law. Housing Element 11146 I CITY OF PALM DESERT DEVELOPMENT SERVICES INTEROFFICE MEMORANDUM To: Paul Gibson, Director of Finance From: Ryan Stendell, Senior Management Analyst Date: March 3, 2010 Subject: Purchase Order 14891, Terra Nova Planning & Research The City Council approved a contract with Terra Nova Planning and Research at its meeting of November 7, 2008 in the amount of $51,420.00 to update the Housing Element for the City. The purchase order was created and one invoice was received and paid on July 15, 2008, in the amount of $29,926.46. As you know the Housing Element has been controversial and has been continued numerous times by the City Council. Staff just received authorization to submit the draft Housing Element to the state and was alerted that our purchase order has been inadvertently closed. With the project winding back up staff needs to work out where funding for the remaining $21,493.54 should come from. Staff has approximately $7,000 in funding in the Planning Budget that could be allocated to this project. Please let me know how we should proceed with the funding of this project. FISH cc: Lauri Aylaian, Director of Community Development Search Results Page 1 of 14 A Residential --------_--�------- Llst Pr BD BA I Sq Ft Lot S. — — — Yr Type $69,900 1 1 750 871sf(Assessor) 1973 CONDOA Active 77645 California Dr#D8 Palm Desert 92211 j Agent!Cdndice_John_s_ton Office:Rosenthal&gssoctales Phone:760-773-0063 Phone:760-773-0063 Marketing Remarks:Just carpeted and painted-this upstairs unit is perfect for young single or retired person- a walking distance to all the shops and markets on Washington St.This charming development is gated with pool and spa and lots of trees and green.This is a great price for Palm Desert 1 (1) Listing 021355148 !Aevv Qataib S3e_Me4 S_ee,ASLdI Pig$ $79,900(V) 1 1 69260sf 1963 CONDOA Active 77912 Michigan Or#A6a Palm Desert 92211 Agent:Daniel Bragg Office:}Seller Wilhams_Realty Phone:760.969-1092 Phone:760-969-1000 j Marketing Remarks:""'Bank Owned Condo""Spacious 1 bedroom as well as spacious living mom.Double Payne energy efficient windows help keep utilities down.Wood flooring in kitchen.Multiple closets. (2) Listing#21349451 View Details See Map See ddl Pics $89.000 2 2.25 925 870sf(Assessor) 1985 CONDOA Active 40900 Breezy Pass Rd#A Palm Desert 92211 Agent:John S$loan Office:Keller Wlliams Realty Phone:760-898-1724 Phone:760-601-3000 Marketing Remarks:This is a short sale.Single story,two bedroom condo with two baths,kitchen,living room,stack washer and dryer in master bedroom.Back yard overlooks Woodhaven Country Club Golf Course.Very good location in the development.Two community pools and spa's,health workout out room,entertainment center and full kitchen in club house. i j (3) Listing#21353930 View,Detaiis See Map See Addl Pies I $94,900 2 2 925 870sf 1985 CONDOA Active 40775 Sandy Gale Ln#A Palm Desert 92211 ill'C Agent:Jeff_4igon Office tlye Reelty_Bxecus Desert C tie$ j Phone:760-322-5333 Phone 760-322-5333 Marketing Remarks:Corporate awned.Great location 2 Bedroom,2 Bathroom condo.You will find a very nice club pkfk'9�y1 house with a gourmet kitchen and fitness center.This is a gated community close to Hwy 10 and to many retail centers.HOA dues only$222 Includes association pool,spa,BBO,maintenance and landscaping. I I i (4) Listing#21351488 Vjew Details See Addl_P'Ics $94,900 2 1,50 1015 1981 CONDOA Active 40255 Harris Ln#106 Palm Desert 92211 .ry Agent:Candice_Johnston Office:Rosenthal&Associates ■pA Phone:760-773-0063 Phone:760-773-0063 lli Marketing Remarks:This is a highly upgraded Townhome located just west of Washington and South of Country Ii Club-Travertine like flooring throughout the first floor-Cherry Cabinets-Granite Kitchen-decorator paint colors. Beautiful carpel in both bedrooms. I (5) Listing#21356265 View Details See A deli Pica $95,000 2 2 1015 1981 TWNHS Active 40255 Harris Ln#102 Palm Desert 92211 i Agent:Suzie Waggoner Office:Goidwell Banker esidenlaLBroketage Phone:760-7776357 Phone:760-771-5454 Marketing Remarks:Bank owned opportunity for an affordable residence in Palm Desert,2 bedrooms,1.5 baths, interior laundry. i http://desertareamis.rapmis.com/scripts/mgrgispi.dil 2/10/2009 Search Results Page 2 of 14 (6) Listing#21353325 View Details See Addl Pica $99,500 1 1 750 714sf 1985 CONDOA Active 40913 vvhiding Wind Dr Palm Desert 92211 ,. Agent:Hedfi WyNe Office:Keller WWtljamsgal_ty Phone:949-351-3978 Phone:760-601-3000 Marketing Remarks:Cute Condo at a Stan(of a Price!This Well Kept Condo has a Great View and has Great Community Ammenhles.A Pools and Spas just steps away,a Gym and Club House and It is a Gated Community. Close to shopping and restuarama!This is a Must seat Write an Offer Todayll i (7) Listing#21343429 View Details See.Map SeeAddLPics S99,900 2 2 1015 1981 CONDOA Active 40235 Harris Ln#105 Palm Desert 92211 Agent:Alicia Zeadejaa Office:Realty Executives Desert Li[estyll, f Phone:760-485-1663 Phone:760-771-9090 Marketing Remarks:Bank Owned,looks like new,was totally remodeled,TraveEtine floors,very clean reedy to move In at a very good price,bring your clients.Sold as is. (8) Listing#21346892 ylew Date Is �ee-tddl P cs $105,000 2 1.50 1064 6098sf(Assessor) 1962 SFRD Active 43305 Illinois Ave Palm Desert 92211 e$g� Agent:Roger De Sontiago Office:Homewell Realty Phone:909.509-0148 Phone:0.0-0 Marketing Remarks:Here is your chance to get a great deal III!Come and see the potential of this property, ..r.f? remodeled kitchen with wood cabinets and granite counter top,new carpet and the floor freshly painted throughout, within walking distance to Palm Desert Country Club golf course.Great starter home/retirement home.Short sale �s subject to lenders approval.Sold As Is. (9) Listing#21348160 View_Deta(Is See Map See Addl Pics $114,900 2 1 888 1039sf 1987 CONDOA Active 43376 Cook St#136 Palm Desert 92211 Agent:Dale Gram Office:Indian Welts.Real Estatg_Associafes Phone:760-568-0207 Phone:760-568-0207 =a- - -_ Marketing Remarks:Cute little condo at Palm Lakes.This bank owned home needs just a little tic,but it is in a great i r= location and will be a real treasure for the right buyer.If you are using lender financing,your offer must include a pre- qual letter from Countrywide Home Loans.While not required to use Countrywide,it you do you use CHL,you will receive a free appraisal and credit report. (10) Listing#21351536 ViewDetp4s $egMap See ddl Pics $119,000 2 2 1056 4792sf(Assessor) 1981 SFRD Active 77971 Calypso Rd Palm Desert 92211 Agent:John A Evans Office:Ill Properties +1 Phone:760.774-2357 Phone:760-778-6535 Marketing Remarks:Charming house in gated community!!Very clean and has ton's of potential.This is a Short i Sale subject to lender approval. (11) Listing#21349648 VmvvDet_ails See Map See Addl Pics $119.500 2 2 1064 6098sf 1961 SFRD i ' Active http://desertareamis.rapmis.com/scripts/mgrgispi.dil 2/10/2009 Search Results Page 3 of 14 42560 Kansas St Palm Desert 92211 Agent:Jeff Linn Office:Really_Egcutiyees Desert Cities Phone:760-322-5333 Phone:760-322-5333 Marketing Remarks:Corporate owned.Charming two bedroom with two year new hardwood floors in the living area, carpet in the bedrooms and travertine baths.Enclosed back yard with custom wood fence and landscaping.Located j ' t in the quiet central section of Palm Desert Country Club,two streets away from the new clubhouse.A separate laundry could be made into a third bedroom/bath/casila. I 1 (12) Listing#21352228 View_Details See Map See AddtlPics j $119,900 2 2 925 870sf(Assessor) 1985 CONDOA Active 41�,��_ 40920 Breezy Pass Rd#B Palm Desert 92211 Agent:C�ce Johnston Office:RooslathaLF As_%miaAos Phone:760-773-0063 Phone:760-773-0063 Marketing Remarks:This is a little jewel-back looks out over Woodhaven country club and a very large green belt. This home looks like it was barely lived in.Lots of storage and inside stacked washer dryer.Walk to pool.Very nice dub house with gourmet kitchen,fitness center,great room and work out mom.The gated community is on Washington-west side just north of Woodhaven CC-handy to everything. (13) Listing#21351957 View Details See Msp See Addl Pic $119,900 2 1.50 1015 1981 CONDOA Active 40255 Hams Ln#105 Palm Desert 92211 k A ent:Candice Johnston Office:Rosenthel&Aseodales i 9 +! Phone:760-773-0063 Phone:760-773-0063 Marketing Remarks:This is a highly upgraded Townhome located just west of Washington and south of Country Club-TraveNne like flooring throughout the first floor-Cherry Cabinets-Granite Kitchen-decorator paint colors. - Beautiful carpet in both bedrooms.Stainless built-in appliances 1 (14) Listing#21354170 View Details See Addlcs $119,900 3 1.75 1808 7841sf 1961 SFRA Active 74015 Velardo Or Palm Desert 92260 Agent:Elizabeth Leon Office:Tw n Lion Inc Phone:760.360-8999 Phone:760-360-8999 Marketing Remarks:Incredible house in the heart of Palm Desert,Three bedrooms,two baths,open kitchen,living mom and family room.Home needs a little TLC but has many possiblities. I i (15) Listing#21357738 View Details See Map I $124,000 2 1 966 6098sf 1961 SFRD Active 77250 Michigan Or Palm Desert 92211 Agent:Stephen Powe_ii Office:Reatty_Executrves-Desad Cllies Phone:760-861-3735 Phone:760-674-9200 Marketing Remarks:You will feel great getting this deal before anyone else.Imagine entertaining poolside with friends,having a BSO or just relaxing with a good book by the pool in your own back yard.You can add on or keep i this cozy just for two.Its a blank pallate awaiting your personal touch.subject to lender approval. I (16) Listing/I21348061 View elailjgeelvtep See Atltll Pics $124.900 2 2 965 2178sf(Assessor) 1984 CONDOA Active 269 Tava Ln Palm Desert 92211 Agent:Jotm A sr�el-mo Office:REteX _eeel stale Consultants Phone:760-346-0500 Marketing Remarks:Bank owned property is being sold in as is condition,all terms and conditions are subject to bank approval,please call listing agent for all details regarding loan approval,sold as is,no representatives or warranties given or implied. (17) Listing#21350205 VlewDetalls See Map See Achd Pics http://desertareamis.rapmis.com/scripts/mgrqispi.dll 2/10/2009 Search Results Page 4 of 14 . $124,900 2 1.50 1015 1981 CONDOA Active 40255 Harris Ln 4101 Palm Desert 92211 Agent:Candice Johnston Office:Rosenthal&.Associates Phone:760-773-0063 Phone:760-773-0063 Marketing Remarks:This is actually in the Sun Dunes Villas-a small Townhome Development just west of Washington&south of Country Club.This is highly upgraded with stainless appliances and fashionable furniture.Both bedrooms are upstairs wilh Full Bath-Granite&Cherry wood looking cabinets.Upstairs in carpeted and downstairs has Iravertine like tile flooring.Enclosed patio faces east. L t (18) Llsting#21354108 Vlaw Details See Addlejos $125,000 2 2 1015 1981 CONDOA Active 40245 Harris Ln#107 Palm Desert 92211 Agent:Alicia Zensjas Office:Re�vExax: !ves Dtisert Lifestirles Phone:766485-1663 Phone:760-771-9090 Marketing Remarks:Not Bank owned[Not a shoe,Just priced right,looks like new,totally remodeled,granite counter tops,Travenme floor,close to shopping area,Restaurants and Freeway,Bring your buyers) (19) Listing#21351333 Vteyr Details See_Addl Pigs $125,000 2 1 888 1100sf 1987 CONDOA Active 43376 Cook St#138 Palm Desert 92211 „rg Agent:Kathy arllsle Office:American Real Estate Brokers „mar Phone:760-340-5786 Phone:760-340.5786 Marketing Remarks:Palm Desert at it's best.This gated community Is centrally located,2 bedrooms,1 bath,an end unit with a private landscaped backyard.It's like a private villa,no one above or below you and only 1 common wall. 1 Totally upgraded from head to toe with imported Italian tile countertops in kitchen&granite in the bathroom,tiled floors with custom paint&all new appliances.This is an end of cul-de-sac home.Enjoy 2 swimming poolsispas,2 lighted tennis courts,putting green,clubhouse with fully equiped fitness&sand valley ball court.This is a Short Sale, i all offers subject to lender approval (20) Listing#21352462 View De a"s See MM s$ee Ad_dLPIc= $129,900 2 1.50 1015 1981 CONDOA Active _ 40255 Hams Ln#104 Palm Desert 92211 Agent:Candice Johnston Office:Rosenthal$,Associates Phone-760-773-0063 Phone:760-773-0063 Marketing Remarks:This is a highly upgraded Townhome located just west of Washington and South of Country Club-Travertine like flooring throughout the first floor-Cherry Cabinets-Granite Kitchen-decorator paint colors. i t Beautiful carpet in both bedrooms. (21) Listing#21354686 View Details SeePAddl Pies $129,900 2 2 1248 4792sf 1981 SFRD Active 77848 Chandler Way Palm Desert 92211 Agent:Terri Wade Office:Sun-Quest-Real€stale Services-Inc. Phone:760-397-7929 Phone:760-568-1155 ri Marketing Remarks:REDUCEDIII Seller is ready to view your off anal Excellent Opportunity to own in this great iw neighborhood!Shiny as a new penny this 2 Bedroom,2 Bath(Manufactured)home In gated community of Golden Sun Estates.This development has a great pool,clubhouse,tennis court and lush mature landscape.To be sold AS IS and without warranty and may not quality for all financing. (22) Listing#21356926 V�De ails See Map See AOJPic $130,000 2 1 888 1138sf 1987 CONDOA j Active 43376 Cook St#50 Palm Desert 92211 { Agent:Sean,A Carbajat.&Associates Office:Realty Executives.Desert Cities Palm peseq Phone:760-340-9890 Phone:760-340-9890 Marketing Remarks:Gated residential community of Palm Lakes in beautiful Palm Desert,with upscale dining, shopping and hotel resorts closeby_.An established enclave of condominium homes set among mature trees and gently rolling greenbeh areas.You'll have access to the Clubhouse,plus a fully equipped fitness center,a putting green,two swimming pools,a spa and tunnis courts.This Luxury Finish unit,with 2 bedrooms,1 baths,has upgrades including 18x18 the floors,granite counters,crown moldings,ready to move into,and it MUST BE SOLD NOW...This is a Short Sale and is subject to lender approval of short pay and terms.This is an outstanding value,check it out and you'll agree,so hurry before it's too late... http://desertareamis.rapmis.com/scripts/mgrqispi.dll 2/10/2009 Search Results Page 5 of 14 (23) Listing#21343980 View Details Sce Me Sedd ies $134,900 2 2 925 870sf 1985 CONDOA Active 40660 Whiling Wlnd Dr#C Palm Desert 92211 i Agent:John,S Sloan Office:_Keller_Willlams_Ready Phone:760-898-1724 Phone:760-601-3000 Marketing Remarks:Great Location and even a better price.2 bedoom,two bath condo.Back yard is on the gre sm, belt.You will find a very nice dub house with a gourmet kitchen,fitness center,great room with Fireplace.This is a gated community dose to HWY 10 and to many retail centers.This is not not not a short sale or a foreclosure.HOA i dues only$222.Includes association pool,spa,barbeque,maintenance and landscaping,Financing available from 1 lender at 3.99%with a balloon payment in 3 years. (24) Listing 921350139 View Details See AddLPics j $142,400 2 1 888 1008sf 1987 CONDOA Active 43376 Cook St#7 Palm Desert 92211 Agent:Debbie Greif Office:W ndermere Real Emote Phone:760-413-7080 Phone:760-773-4464 Marketing Remarks:Seller Close Outl-ast 8 units prices have been Slashed$60,000 to$100.000.$0 Down,100% financing is also avaiiable,the Seller will Carty.Location,style&the affordability you want in a Resort-siyie gated complex In the heart of Palm Desert close to everything.Gorgeous 2 BR 1 BA,tastefully remodeled.This is Villa with a fireplace and features include two-tone paint,crown molding,six-paneled doors,12 file floors,all stainless kitchen appliances,corian countertops in kitchen and bath.Beautgul view of lake,fountain,greenbelt area and across from the main pool and fitness room.Amenities include 2 pools,spa,fitness center,dry sauna,clubhouse,sand volleyball court,2 night4it tennis courts&meandering lake/waterfalls features throughout the complex.Covered Parking is directly outside unit.If you like convenience location is perfect.Impressive for your First,Second,or Investment home. Low monthly HOA of$236.50. (25) Listing#21355782 Vew Details See Map See-iddl Pics $145.000 1 1 821 1742sf(Assessor) 1981 CONDOA Active 41099 La Costa Cir E Palm Desert 92211 Agent:SHNDRA KQBNIG Office:PRIIpENTIAL CBLIEQRNI]REgLTY } - Phone:714-814 1564 Phone:0-0-0 Marketing Remarks:Immaculate 1 bedroom,1 bath condo in beautiful palm desert resort country club!Great second home or investment property.New paint throughout,scraped ceilings,new,carpet in bedroom(file in all other areas), new vertide blinds on slider doors,ceiling fans In bedroom and living room.Rare unit w/enclosed 2 car attached garage and patio extension added.Corner location across from clubhouse and driving range.Resort&oc offer an 18- hole par 72 golf course,20 pools and 13 lighted tennis courts.24hr guard gated community.Shows beautiful!Well price to sell fastll (26) Listing#21340966 Vje�w_petails See Map $145,000 2 2 925 870sf 1985 CONDOA Active 40975 Sandy Gale Ln#8 Palm Desert 92211 MRAgent:Retipro_tel_Listings Office $outhBay Associal onof RE6LT0_RS11) Phone:999-999-9999 Phone 999-999-9999 Marketing Remarks:Short Sale Subject to Lender Approval.Terrific gated community with man amenities including pool,spa,gym,theater and clubhouse.Great deal on resort living. (27) Listing#21348288 yiewl2€:ads See map See Addl Pigs $149,000 1 1 703 836sf(Assessor) 1987 CONDOA Active 43376 Cook St#63 Palm Desert 92211 I Agent:Beth A_Feist Office:Coldwell.Banker Residential Brokerage Phone:760272-5712 Phone:760-771-5454 Marketing Remarks:This charming lake front condo is spit and span with new paint,baseboard,laminate wood flooring throughout with carpet in the bedroom.Enjoy sifting on your patio watching the ducks swim by(patio furniture included in sale).Palm Lakes offers two community pools,fitness room,sauna,tennis courts,volley ball area,picnic area,gated community located near The College of The Desert,El Paseo&McCallum Theater.Residence of Palm ! Desert enjoy discounted golf at Desert Willow Golf Course with a Resident card) (28) Listing#21346582 View Details Set Map See AddlPgs $149,900 2 1 888 1987 CONDOA Active 43376 Cook St#3 Palm Desert 92211 Agent:Debbie Greg Office:Windermere Real Estate Phone:760-413-7080 Phone:760-773-4464 Marketing Remarks:Seller Close Dull$0 Dawnpayment,Seller will tarty-100%Financing OAC.Last B units prices have been Slashed$60,000 to$100,000.Location,style&the affordability you want in a Resort-style gated complex in the head of Patin Desert dose to everything.Gorgeous 2 BR 1 BA,tastefully remodeled.This is Villa with a j fireplace and features include two-tone paint,crown molding,six-paneled doors,18 the floors,all stainless kitchen ihttp://desertareamls.rapmis.com/scripts/mgrgispi.dll 2/10/2009 Search Results Page 6 of 14 appliances,granite countertops in kitchen and bath.Beautiful view of lake,fountain,greenbelt area and across from the main pool and fitness room.Amenities Include 2 pools,spa,fitness canter,dry sauna,clubhouse,sand volleyball court,2 night-I#tennis courts&meandering lakelwaterfalls features throughout the complex.Covered Parking is directly outside unit.If you like Convenience location is perfect.Impressive for your First,Second,or Investment home. Low monthly HOA of$236.50. (29) Listing#21355244 View Details See Map See Addl Pcs $154,900 2 1 924 6534sf 1961 SFRD ! Active77060 Michigan Dr Palm Desert 92211 Agent:Kaf-hlejcLR Unen Office:Wnnd0nnere_ResIE$tate Phone:760423-9652 Phone:760-340-9253 Marketing Remarks:We are back looking for action and offers.Short sale bank is getting closer to dedsion.Make an off er.Short Sale Great for Investor Looking for a 2 bedroom in Palm Desert under$155,000.Well here it is SO give me a Call to see this well maintained home.The front and backyard are both very spacious and both have ample space far a pod or take advantage of the community pool,park and playground for only$275.Per year.This home offers inviting curb appeal from the moment you arrive.Inside you will find the livingroom,kitchen,two bedrooms and ham. a bath.Then a one Car grarage.You Can also enjoy a nice breakfast,lunch or dinner at our Beautiful New Club House,or play a round of golf on our newer award winning goff Course.Hope to see you Soon. (30) Lasting#21352120 N�i mD_iem;l; Sew Map Sea_9ddl at_s $159,000 2 2 1005 1186sf(Assessor) 1987 CONDOA Active 43376 Cook St#75 Palm Desert 92211 Agent:Denise Anderson-GRI Office:Windermere Real.Estate i Phone:760-6684886 Phone:760-327-3990 Marketing Remarks:Wonderful larger model(approx 1005 SF)end unit with a generous rear patio with views of the northern hills!This Condo has many upgrades,including granite in the kitchen and baths,and shows like almost newl Lk II is stylishly decorated and very dean.Appliances,BBC and patio table and chairs included.Other furnishings are available on separate contract.This Is a SHORT SALE.Call now for a showing. (31) Listing#41354949 View Details See Map See Addl Pics $159,900 3 2 1348 6098sf(Assessor) 1986 SFRD Active 76995 Flonda Ave Palm Desert 92211 .-T y;,. Agent:LIndg_We112 Office:Power Bi-qkerLIAtemationaii Phone:760-702-7722 Phone:760-494-0429 Marketing Remarks:BANK APPRCVAL on this Short Sale!Palm Desert Country Clubl 3 Bedroom,2 Bath,Great Room with Fireplace.Beautiful Custom tile.Huge front Courtyard,Covered rear patio.Rolling Security Gates across dnve.Community Clubhouse,PcogSpa.Very quick close!Bring All Offers! I (32) Listing#21351257 View DetailsSee Map $fie Adoll Pics i $159.900 2 2 1005 11760 1987 CONDOA Active 43376 Cook St#17 Palm Desert 92211 • *: ,. Agent:Debbie Greif Office:Windermere Real Estate Phone:760-413-7680 Phone:760-773-4464 Marketing Remarks:Seller Closeout 18 units prices have been Slashed$60,000 to S100,000.$0 Downpayment, Seller will Carry,100%Financing OAC.Location,style&the allordability you want in a Resort-style gated Complex in .. the heart of Palm Desert close to eveMhing.Gorgeous 2 BR 2 BA,tastefully remodeled.This is Villa with western mountain views,a fireplace and other features include two-tone paint,Crown molding,six-paneled doom,18 the floors, all white kitchen appliances,granite countertops in kitchen and bath.This Community has a beautiful lake that has A numberous fountains,greenbelt areas.Amenities include 2 pools,spa,fitness center,dry sauna,clubhouse,sand volleyball Court,2 night-lit tennis Courts&meandering lake/waterfalls features throughout the Complex.Covered Parking is directly outside unit.If you Ii ie Convenience location is perfect.Impressive for your First,Second,or Investment home.Low monthly HOA of$236.50. (33) Listing 921356599 View Detain See Map Sim AddlPics $168,000 1 1 703 1987 CONDOA Active 43376 Cool:Sl#192 Palm Desert 92211 Agent;TheYeomui Stamp Office:Soldl+ell Q@0ker3eside ial Brgker= Phone:760-899-2537 Phone:760-776-9898 Marketing Remarks:If It's location,stye&affordability you want,look no furtherl Resort-style gated complex in the heart of Palm Desert dose to everything.Gorgeous 1 BR 1 BA tum-key Villa,tastefully remodeled.This quiet upstairs p15 Villa has everything.Features include two-tone paint,crown molding,six-paneled doors,stainless/black kitchen appliances with sparkling galaxy black granite Counters.Full bath with galaxy granite Counter and new Cabinets.Full showerttub Combo with shower massage.The A/C unit,fndge wlice-maker,full-size washer and dryer&all furnishings less than 1 year old.Beautiful view of late,trees,ducks and peek-abco west mountain scenery.Amenities include 2 pools,spa,fitness center,dry sauna,dcbhouse,sand volleyball court,2 night-lit tennis Courts&meandering IakeAvsterfalls and features throughout the complex.Covered Parking outside unit.Private,safe,quiet&Convenient. Impressive for your First,Second.or Investment home.Low monthly HOA of$215. (34) Listing 421341986 ViewD%ails See Map Seg_Add�ics http://desertareamis.rapmis.com/scripts/mgrgispi.dll 2/10/2009 Search Results Page 7 of 14 $169.900 2 2 1005 1197sf 1987 CONDOA Active 43376 Cook St 430 Palm Desert 92211 Agent:Debbie G eH Office:Windermere Reel Estate Phone:760413-7080 Phone:760-7734464 Marketing Remarks:Seller Closeout!$0 Down,100%Seller Financing.Like Brand New-These last 8 units prices have been Slashed$60,000 to$100,000.Locefion,style&the affordability you ward in a Resod-style gated complex in the heart of Palm Desert close to everything.Gorgeous 2 SR 2 BA,tastefully remodeled.This is Villa with western _ mountain views,and other features include two-tone paint,crown molding,six-paneled doors,18 the floors,granite countertops in kitchen and bath.This community has a beautiful lake that has numberous fountains,greenbelt areas. Amenities include 2 pools,spa,fitness center,dry sauna,clubhouse,sand volleyball court,2 night-lit tennis courts& j meandering lake/waterfalls features throughout the complex.Covered Parking is directly outside unit.If you like - convenience location is perfect.Impressive for your First.Second,or Investment home.Low monthly HOA of$236.50, (35) Listing#21356597 Aew Detals See Map See Add!_Pio 1 $169.900 2 2 1005 1145sf 1987 CONDOA j Active 43376 Cook St 416 Palm Desert 92211 ,. Agent:pebble Greif Office:Windermere Real Estate 1 Phone:760413-7080 Phone:760-773-4464 Marketing Remarks:Seller Closeout)These last 8 units prices have been Slashed$60,000 to$100,000.$0 s Downpayment,100%Seller Financing.Location,style&the affordability you want in a Resort-style gated complex in i - the heart of Palm Desert close to everything.Gorgeous 2 BR 2 BA,tastefully remodeled.This is Villa with a fireplace and features Include two-tone paint,crown molding,six-paneled doors,18 the floors,all stainless kitchen appliances, granite countertops in kitchen and bolo.This community has a beautiful lake that has numberous fountains,greenbelt areas.Amenities include 2 pools,spa,fitness center,dry sauna,clubhouse,sand volleyball court,2 night4il tennis courts&meandering lake/waterfalls features throughout the complex.Covered Parking is directly outside unit.If you I like convenience location is perfect.Impressive for your First,Second,or Investment home.Law monthly HOA of j $236.50, (38) Listing#21356601 .VlewDetails See Map See Add]Pics $172,400 2 2 1005 11475f 1987 CONDOA Active 43376 Cook St#24 Palm Desert 92211 Agent:Debbie�rel Office:Windermere$eal_Esiafe ' .W Phone:760413-7080 Phone:760-7734464 ' x Marketing Remarks:Seller Closeout!Like Brand New,$0 Downpayment,100%Seller Financing Available.These ( last 8 units prices have been Slashed$60.000 to$100,000 100%financing is also availabte,the Seller will Carry ! OAC Location,style&the affordability you want ina Reson-slyle gated complex in the heart or Palm Desert close to everything.Gorgeous 2 BR 2 BA,tastefully remodeled.This is Villa with warm southern mountain views,and other Si •s, features include Conan countertops,white cabinets in kitchen,six-paneled doors,12 the floors,all white kitchen appliances.This community has a beautiful lake that has numberous fountains,greenbeH areas.Amenities include 2 pools,spa,fitness center,dry sauna,clubhouse,sand volleyball court,2 night-lit tennis courts&meandering laketwaterfalls features throughout the complex.Covered Parking is directly outside unit.If you like convenience location is perfect.Impressive for your First,Second,or Investment home.Low monthly HOA of$236.50. (37) Listing#21356598 View Details See Mep $eee Addl Pics $172,400 2 2 1005 1172sf 1987 CONDOA Active 43376 Cook St#37 Palm Desert 92211 4#. t Agent:Debbie_Greif Office:Windermere Real Estate I Phone:760413-7080 Phone:760-773-4464 i. Marketing Remarks:Seller Closeout)Like Brand New,$0 Downpayment,100%Seller Financing.These Blast units have prices that have been Slashed$60,000 to$100,000.100%financing is also available,lhe Seller will Carry DAG. Location,style&the affordability you want in a Resort-style gated complex in the heart of Palm Desert close to everything.This 2 BR 2 BA.has conan countertops,white cupboards,ceiling fan in the diningarea,mirrored closet doors in guest bedroom and a walkin closet in master,guest bathroom has tub enclosure already installed.This community has a beautiful lake that has numberous fountains,greenbeH areas.Amenities include 2 pools,spa,fitness center,dry sauna,clubhouse,sand volleyball court,2 night-lit tennis courts&meandering lake/waterfalls features i throughout the complex.Covered Parking is directly outside unit.If you like convenience location is perfect. Impressive for your First,Second,or Investment home.Low monthly HOA of$236.50. i (38) Listing#21356600 View Details See Map See Addl Pics $174.900 3 3 1455 6098sf(Assessor) 1961 SFRD j Active 42655 Wisconsin Ave Palm Desert 92211 sr. . Agent Steve_Scheinwald Office:Diversified Really Group Phone:760-341-7040 Phone:760-341-7040 Marketing Remarks:Charming home with a very private backyard,this corporate owned home has all tile floors and a wonderful feeling of space.The master suite is separate from the rest of the bedrooms and overlooks the pool sized backyard. j (39) Listing#21351449 View Details Seg—map See Addl Ecs $175.000 2 2 1318 6098st 1962 SFRD Active 43455 Illinois Ave Palm Desert 92211 Agent:-_Z__ Office:Classic Prooedie; Phone:951-6824950 Phone:0-0-0 Marketing Remarks:Palm Desert Country Club Home.Newly painted interior.No care rock landscaping in front. Club house has recently been renovated.Community pool and spa.Golf courses.This is a probate sale.Sold AS IS, http://desertareamis.rapmis.com/scripts/mgrgispi.dil 2/10/2009 Search Results Page 8 of 14 subject to court confirmation. (40) Listing#21347461 View Details See Map See Addl Rips $175.900 3 2 1690 56635f 1961 SFRD Active 42915 Wsconsin Ave Palm Desert 92211 Agent:Lpny$rurnef Office:Select BealtXServ)ces Phone:760-842-2056 Phone:760-329-3650 Marketing Remarks:A great poo home in Palm Desert Country Club.This property Is corporate awned and sold in current condition.No repairs,warranties,disclosures or inspections provided by the seller.Your proof of funds or a prequalification letter from Wells Fargo must accompany all offers.A special addendum will be made part of the final contract.Seller reserves the night to negotiate offers in any order regardless of date/time submitted.It maybe 24-72 hours for verbal response from seller.Typical seller's hours are M-F 9:00 to 5:00.Financing is offered through Wn95 i Fargo Home Mortgage. (41) Listing 921352301 View Deta?s See Map $179,000 3 2 1286 1742sf(Assessoq 1992 SFRA Active 384 Tava Ln Palm Desert 92211 Agent:PauL6 Munn Office:M&M Realtors Phone:858.412-3200 Phone:858-412-3200 Marketing Remarks:REDUCEDII Clean,cozy townhouse in gated community.Close to restaurants,shops,schools, > freeways and gob courses.$45.00 resident fee @ Desert Willow golf course.Community pools,hot tubs,tennis and basket ball courts.Private Rear Patio.Excellent for first time home buyer.Would also make a great rental or vacation home.Furniture negotiable. I (42) Listing#21340054 VgwQetaLs Sep-Map Seehdd Pics $179.900 2 2 1005 1146sf 1987 CONDOA Active 43376 Cook St#10 Palm Desert 92211 i Agem:Debbie Grel( Office:Windermere.Real Estate Phone:760.413-7080 Phone:760-773-4464 Marketing Remarks:Seller Close OLULasl 8 units prices have been Slashed$60,000 to$100,000.$0 Down,100% , financing available OAC,the Seger wit Carry.Location,style&the affordability you want In a Resort-style gated complex In the heart of Palm Desert cow to everything.Gorgeous 2 BR 2 BA,tastefully remodeled.This is Villa (single story,no one above you)features include two-tone paint,crown molding,six-paneled doors,18 the floors,all stainless kitchen appliances,granite countertops in kitchen and bath.Beautiful view of west mountains,greenbelt area and across from the main pod and fitness room.Amenities include 2 pools,spa.fitness center,dry sauna, clubhouse,sand volleyball court,2 night-lit tennis courts&meandering lake/waterfalls features throughout the complex.Covered Parking is directly outside unit.If you like convenience location is perfect.Impressive for your First, Second,or Investment home.Low monthly HOA of$236.50. (43) Listing#21355781 Mew Detai's See Map Sae AddiFies $199,000 2 2 1270 2008 CONDOA Active 100 Pasro Bravo Palm Desert 92211 Agent:Katie GLW= Office;Vdnderm_ere Rea state i Phone:760-835-2207 Phone:760-327-3990 ''• Marketing Remarks:SPANISH WALK,a New Gated Community in Palm Desert.Brand New 2008 Designer Inspired Condo This tastefully upgraded ground 9oor condo features Granite Countertops,Stainless Steel Appliances,18" ceramic tile,wall to wall carpet,interior archways and recessed ceiling light fixtures.An interior laundry area accommodates full size appliances and attached 2 Car Garage.Spanish Walk Community offers a Large Club House with a recreation room equipped with Billiard Table,full kitchen,fitness equipment and swimming pools and spas. _ With panoramic views from the Community Park creates a pleasant family setting with playground and patio tables -e. and benches.Perfect for entertainin Close to World Universil sho g. y, ppingend fine dining.This condo is Wheel Chair access with ramps and rails,36"wide interior door ways. (44) Listing#21353452 Vew De a,} -See ap See-&ddl Plrs $199,000 3 1.75 2025 5663sf 1961 SFRD Active 43095 Warner Td Palm Desert 92211 Agent:Ricardo Nurlp Office:Realty Executives Desert_CR es Phone:760.275-4058 Phone:760-674-9200 Marketing Remarks:Great Home in Excallent LocationlI This property has a 625 sq.h.Guest House completely separate from the main house with its own entrance.Main house has 3 bedrooms,1.75 batrooms,indoor laundry room large enough to be an office,file floor in kitchen,laundry room and batharooms.Spacious kitchen w/lots of cabinets.Do not miss out this great opporunity!I SHORT SALE Subject to Bank Approval. (45) Listing 021356541 View Details See Map Sea Addl.Pics http://desertareamis.rapmis.com/scripts/mgrqispi.dll 2/10/2009 Search Results Page 9 of 14 1 $199,900 3 1.75 1288 17421f 1992 CONDOA Active 382 Taw Ln Palm Desert 9221l Agent:ToreY-Seyerino&_Associates Office:Reaty ExecuCives_Deserl Cities Palm Deseg Phone:760-773-1759 Phone:760-340-9890 Marketing Remarks:Just REDUCED over$,30,0001 Beautifully remodeled 3 bd,2 be condo in a very desirable gated community of Mountain View Fells.This condo features custom 20 inch the floors throughout the entire first floor,painted throughout,newer textured walls,new window blinds,ceiling fans,granite counters in kitchen and bathrooms,new stainless steel stove,microwave,and dishwasher,new sink and faucets.The bathrooms feature a new sink,faucet,granite counters,tub and shower with new shower head.The downstairs bedroom features the floors,minor wardrobed closet doors and new blinds.The upstairs bedrooms have new carpet,granite counters,new sinks and faucets,walk in closets,ceiling tans and a patio that looks out to the mountains.The concrete patio features new landscaping,a new wooden fence,and direct access to the large 2 car garage.This community has two pools, spas,tennis courts,clubhouse and green betl areas great for walking and exercising. (46) Listing#21350325 View Details See Map $As Virtual Media, See Atldi Pics $199.950 1 1 750 1985 CONOOD Active 40959 BREEZY PASS Rd Palm Desert 92211 Agent:Grant J Hfquchi Office:GLnt Estates Core Phone:760-485-5785 Phone:760-485-5785 Marketing Remarks:Very cute and efficent unit with a full kitchen.Water heater,forced air unit outside along with additional storage.Unit has been upgraded and modernized. (47) Listing#21314182 View Details See Me ,eeAddL� 1 $199.990 2 2 1270 2008 CONDOA Active _ 122 Paseo Bravo#246 Palm Desert 92211 Agent:MIchele M_Mayer Office:_,a dermere Real Estate Phone:760-835-5391 Phone:760-773-4464 1 Marketing Remarks:You must see this WONDERFUL unit in Spanish Walk.This home IS THE LOWEST PRICED ' IN THE DEVELOPMENTI It would be hard to find this price even in the New Home Sales.This property has MANY 1 UPGRADES.The floors have been upgraded with 18 ceramic tile.The walls have been painted.There are GRANITE COUNTER-TOPS,STAINLESS STEEL APPLIANCES as well as recessed ceiling lights and arched doorways.The DOUBLE CAR GARAGE IS ATTACHED with DIRECT ACCESS to the home.The furniture you see in the pictures Is available for sale.SPANISH WALK is a new gated community in Palm Desert.There is a Community Club House that has a Recreation Room with a billiard Table&a Full Kitchen as well as a Fitness Center.There are also Swimming Pools&Spa's.There is a Community Park with Views of the Mountains.You are very close to shopping and Golf Courses.IF YOU HAVE A STUDENT GOING TO CAL STATE SAN BERNARDINO THIS WOULD BE PERFECT. You are right down the street and can walk there or nde a bike.Don't Missl (48) Listing#21356627 ViaaDetails See See Vrt al Media See Addl Pics $200,000 2 1 1056 6534sf 1961 SFRD Active 42920 Massachusetts Of Palm Desert 92211 1' Agent:poug,Ba)pg Office:Keller WllamsRealty i k Phone:760-773-1111 Phone:760-969-1000 G Marketing Remarks:Seller willing to Carry Financing,Lease Option or Annual Leaselll!l Fantastic doll house on the golf course with great views in Palm Desert Country Clubl This property has wonderful golf course views,a fully enclosed screened porch,custom built-in computer desk,separate laundry room and a low maintenance yard,with great curb appeal!Close to the community pool,park and dog park.Property is currently in the process of being painted.Seller flexible with financing terms....Take a look and fall in love with a property easy to care for and move-in readylll (49) Listing#21353784 View_D.eta tg See Map See Add$Plcs $204,000 1 2 1348 1984 CONDOA Active 41248 Woodhaven Or E Palm Desert 92211 Agent:James k Grant Office:Gram Realty Phone:760-360-9168 Phone:760-360-9166 s Marketing Remarks:Sale will be subject to bank approval of a shod sale.This unit is a Cypress Plan located on the 101h fairway with an east view.Tenant in residence and shown by appointment only. 1 (50) Listing#21355908 View Qeta Is See Map See Addl Pic $205,000 3 2 1515 6534sf(Assessor) 1985 SFRD Active 76847 Florida Ave Palm Desert 92211 Agent:Dana Tarnow Office:LaQgi-nta-Palms Real€state_Cp 1 Phone:760-574-6671 Phone:760-5644104 Marketing Remarks:Nice home in need of a little TLC.Kitchen has recently been remodeled.More pictures will be added by 11-14. I http://desertareamls.rapmis.com/scripts/mgrqispi.dll 2/10/2009 Search Results Page 10 of 14 (51) Listing#21350133 View Details See Map See AddiPcs $209.900 3 2 1983 6098sf(Assessur) 1980 SFRD Active 43420 Texas Ave Palm Desert 92211 Agent:Jeff Egart Office:F2EMAX Real E,state-C.onsvltants Phone:760-862-2966 Phone:760-346-0500 Marketing Remarks:Fantastic opportunity at a terrific price.3 bedrooms,2 baths in 1983 square feet with a pool. Sellers loss is your gain.Home sold as is".Buyer to verity all statements. U 1 (52) Listing#21353586 Visw-De4ls $ i_Map 5&eAd2Pss $210.000 3 2 1528 7405sf(Assessor) 1992 SFRD Active 73090 Berle Rosa Way Palm Desert 92260 V Agent:Greg-Painter Office:Affgrdadle.Home Loans&„Re811y Phone:831-206-9503 Phone:760-564-6124 Marketing Remarks:Location!Locatiom!a cross street from College of the Desert,few steps from the P.D.Mall,a few minutes from the River......centm ly located-the best schools in the valley... (53) Listing#21352704 View Details See.Map $210,000 2 1.75 1282 6098sf(Assessor) 1962 SFRD Active 77040 Indiana Ave Palm Desert 92211 Agent:Doud_Ba_log Office:Keller We.'_ar s Remhy Phone:760-773-1111 Phone:760-969-1000 Marketing Remarks:Step into Home Sweat Home!!!I Your outdoor patio can easily became your outdoor family room,overlooking the golf course!Twc bedrooms,1.75 bathrooms,Large all tile grestroom,with nice size dining area next to the kitchen create a cozy atmosphere you'll enjoy!!!Close to the community pool,park and dog park.Newer roof(only 1 year old),separate laundry room,extra storage room.....Seller offers flexible financing terms,will consider a lease option and is offering the property for annual lease or sale. (54) Listing#21353775 View Delete Sea Map aee--Addl Pips $214,900 3 2 1992 6098sf(Assessor) 1986 SFRD Active 42025 Tennessee Ave Palm Desert 92211 Agent:Candice Johnston Office:Rosenthal&Assogietes Phone:760-773-0063 Phone:760-773-0063 r Marketing Remarks:Great Corner Property with wonderful Curb appeal&enormous from yard.This is a well maintained home with lots of living spaces-formal dining room,living and family rooms.Master suite has updated extra large bath.Vary private backyard with mature landscaping. aiq (55) Listing#21349906 Vew Details $ee Map $ee,Add_LPlcs $214,900 1 1.50 1061 2178sf 1988 CONDOA i Active 157 Falls Ct Palm Desert 92211 Agent:Vzle_[yNeuman Office:Neilmem Co.Wnf4rmere Phone:760-773-39373 Phone:760-773-9373 T'P Marketing Remarks:WOW!This is the LOWEST PRICED condo in Desert Fells Country Club!Just reduced,and seller is BEYOND MOTIVATEDI Steal this one bedroom,one bath+powder room with approx.1061 SFI Extensive ceramic tile,mirror treatments,large kitchen with nook,vaulted ceilings,one car garage and a very quiet cul-de-sac location!Desert Falls is one of the most sought-after,yet affordable country dubs in the desert Located in the very heart of Palm Dawn,close to all the best shopping,dining and activitiest The moderate homeowners dues include ,a tennis,fitness,exterior maintenance,insurance for the structure,all landscaping,common area maintenance,32 pools&spas,24 hour guard gate and patrol,cable and morel We also have a championship 18 hole golf course that has been rated one of the very best in the desert(...and a beautiful dub house that features a bar,grill anti full service pro shop)Come see what the buss is all about! (56) Listing 021353067 View-Details See Map, See Addl Piss http://desertareamis.rapmis.com/scripts/mgrgispi.dli 2/10/2009 Search Results Page 11 of 14 $219,000 1 1.75 1091 2178sf 1984 CONDOA Active 43750 Avenida Alicante Palm Desert 92211 Agent:Martin Mielko Office:DiarnnonglProp-ertie_s ,# + Phone:760-770-4730 Phone!760-770-4730 Marketing Remarks:Desert Breezes private gated tennis communily.Great location near restaurants,shopping,and entertalnment.This is a rare large single story one bedroom unit with fireplace in the living r000m.Cathedral ceilings open and spacious floor plan.Gas freplace,breakfasi bar,wet bar,ceramic file three pmios.End unit for pdvacy.This Is j a comfortable turnkey(unshed home for your desert get away. I (57) Listing#21343261 View Details See Map See Addl Pics $219,000 3 2 1184 26145f 1980 SFRD Active 41795 Largo Palm Desert 92211 Agent:,Jo_Ann Carr Office:Carol E_Morton_Broger Phone:760-360-2976 Phone:760-346-3025 Marketing Remarks:A charming single family 3 bedrooni bath home with a fireplace in the Living Room.The home .. is located in a secluded gated community and has been updated with a new A/C unit,water heater and dishwasher. There is a 2 car attached garage,2 community pools/spas and tennis court. I (58) Listing#21351780 View Demil_s See Map bee Addi Pics $219,900 2 2 1383 21785f 1984 CONDOA ! Active 43752 Avenida Alicante Palm Desert 92211 Agent:Alicia Zendeja_s Office:Realt4_Exeeutives Desert Lifestyles Phone:760-485-1663 Phone:760-771-9090 Marketing Remarks:Bank Owned 2 Bedrooms,2-Bath condo,vaulted ceiling,fireplace wet bar,nice front and back !$ patios,green bell and mountain views,all this is located in the beautiful Desert Breezes community,were you will be . able to enjoy community pools and spas,tennis courts an active club house and more.Property sold as is. d (59) Listing 921356391 Vje vv Detail See Map See Addl Pics $220,000 2 1.75 1291 2178s1 1984 CONDOA Active 43733 Avenida Alicante Palm Desert 92211 Agent:Eather_pelech Office:Oddwell,Banker Residentjal_Brokerage Phone:760-413-2257 Phone:760-776-9898 �a Marketing Remarks:STOP!AMAZING PRICE for this caning two Br.Condo in the desirable gated community of y$i • Desert Breezes.Wonderful opportunity to own a lower level condo in a premium location and live the Desert Lifestylel For an investment property,a vacation home or your permanent residence you will love the elegant DESERT BREEZES RESORT.This turnkey furnished villa shows well,is very clean&movern ready.Granite counters in kitchen w/newer appliances.Berber carpet in living area,ceiling fans.L.R has fireplace,wet bar and overlooks a ibeautiful lush Greenbelt.Lge master BR&master bath w/dual sinks&spacious walkin closet.Second BR has Ige mirrored closet&French doors over patio.It is a friendly community,uniquely located in Palm Desert across from i Indian Wells tennis Garden&So.West Com.Church,bordering La Quints&Barbuda Dunes.Always beautifully maintained,It offers six community Pools,Spa,Tennis Courts and a gorgeous clubhouse complete with a fully appointed exercise room. (60) Listing#21354902 View Details ^fie MW Seed IAPic2 $224,900 3 2 1286 21785f 1984 CONDOA Active 360 Taw Ln Palm Desert 92211 :. Agent:Elise Mederos Office Desert Falls Rentals and_$ales r Phone:760-333-6249 Phone.760-341-2589 Marketing Remarks:Seller Motivatedll Charming 3bd.2ba.Condo in a very desirable gated community,Mountain View Falls.Very lovely patio with enclosed walls for privacy with direct access to large 2 car garage.This community has two pools,spas,tennis courls,clubhouse with beautiful green belt great forwalkingl i i (61) Listing#21357152 View Oetaifs See Map See Add[Pict $224,900 2 3 1808 2178sf(Assessor) 1984 CONDOA Active 41565 Woodhaven Dr E Palm Desert 92211 Agent:Asher-Whim Office:Padfm Union - Phone:760-883-1400 Phone:760-883-1400 Marketing Remarks:Wonderful Riviera plan with 2 master suites plus den and 3rd bath located in a quiet,private section of Woodhaven Country Club.Close to all ameneties including the 8 tennis courts,gob,and newly remodeled clubhouse.This two story townhouse has a spacious living room with vaulted ceilings and fireplace,the kitchen opens to the living room which opens to the rear patio and quiet green belt.This development offers a beautiful restaurant, http://desertareamls.rapmis.com/scripts/mgrgispi.dil 2/10/2009 I 1 Search Results Page 12 of 14 l 1 �� bar,pro shop,tennis membershia,coed gym,racquetball courts an da fantastic golf membership opportunity r (membership not required to enjoy the golf course).Corporate owned,sold AS IS-WHERE IS. (62) Listing#41356585 View Details See Map See Addlpics $225.000 3 1.75 1500 6098sf(Assessor) 1978 SFRD Active 76715 Oklahoma Ave Palm Desert 92211 Agent:Susie 6Malek1-40 Office:Desert Estates Really Phone:760-861�030 Phone:760-200-1844 Marketing Remarks:Incredible Opportunity for home on Fairway with a Courtyard Pool!This Short Sale property is '7+ available immediately for a new owner to enjoy this well maintained home.Window treatments,ceiling fans already in place for your comfort.This home wont last long,so hurry up and make an offer so we can take it to the Bankl (63) Listing#21338902 View Details See_Map See Addl_pa:s $225,000 2 2 1348 2178sf(Estimated) 1984 CONDOA Active 41530 Wcodhaven Or E Palm Desert 92211 { Agent:$mp_pnHgffmW Office:gaak RanchReaft Phone:949-500-2277 Phone:0-0-0 Marketing Remarks:Country Club 3olf living al the lowest per sqft price for a condo.The East Palm Desert.This Cypress model with one story and large covered spanish tiled paved patio.Club Amenifies include 18 hole regulation got course,(sister club is Cimarron Golf Course)8 tennis courts,health club with indoor raquetbail,exercise mom, lounge,snack bar meeting moms and active men's and women's golf association.Exterior maintenance is included, along with roof,fire and earthquake insurance.NNI not last long.Great 1031 exchange property can close Immediately. (64) Listing#21343088 Viev,.Details See Map $229,000 2 2 1140 6098sf(Assessor) 1962 SFRD Active 77046 California Or Palm Desert 92211 r Agent:Marbee Wife Office:Wridermere Real Estate Phone:760619-2383 Phone:760-773-3958 u, Marketing Remarks:Palm Desert Country Club otters 18 hole golf course,swimming pools,and club house.A wonderful resort climate In a beautiful park like setting just a few blocks away from the club house.This beautiful well built 2 bedroom home offers an efficiently arranged kitchen with new wood cabineiry.The kitchen counters are remodeled with silestone and modern riling lights.The bathrooms are updated with new sinks and cabinets. Upgraded carpet has been installed In bath bedrooms.A majestic flagstone front entry welcomes you home.Palm .b q Desert Country Club was voted renovation of the year In 2006 in Golf Inc.Magazine.Golf memberships available from POCC. (65) Listing#21326272 View Details See Map See_AdLot Pic§ $229,000 1 1 775 4792sf 1987 CONDOA Active _ 76584 Rudy Ct Palm Desert 92211 i Agent:Rae Grogan Office:Tgrbe9 REALTORSIDesen_Homes Phone:760-702-7889 Phone:760-200-0522 Marketing Remarks:This charming one bedroom&one bath condo is located on a small cul-de-sac,deep within the gated community of Oasis CC.The location will surprise you,the parklike setting off the patio offers a very private I feeling&is lined with trees and lush landscaping.An inviting courtyard entry awaits,it is nicely tiled,private and has a southern exposure.This condo has been well maintained,the A/C is a few years old,the micro,dishwasher(Bosch)& i refrigerator are newer.Offered turnkey furnished,this cozy condo awaas.Oasis CC is owned and operated by the homeowners and is not an age qualified commumity.The 18 hole executive golf course is very challenging with 22 i lakes,parrs&4's,&an outstanding pro&staff.Also are 3 tennis lighted tennis courts(one w/stadium seating),a putting green,practice area,18 hole putting course,exchange library,lounge,2 resturams and various social clubs. Come&see this outstanding community (66) Listing#21348631 View Details See-Map See Virtual.Media See Add[Pics $229,000 2 2 1348 1984 CONDOA Active 77611 5 Woodhaven dr so S Palm Desert 92211 Agent:Fred_Piz¢uto Office:At-The Top-Really t� Phone:760-340-5757 Phone:760-340-5757 { Marketing Remarks:short sale to be approved by bank—great room floorplan—on the golf course wlsoulhern exposure—spacious living&dining area—f replace— (67) Listing#21353222 View_Dela s See Mao http://desertareamis.rapmis.com/scripts/mgrgispi.dll 2/10/2009 I I Search Results Page 13 of 14 $229,500 3 2 1288 1742sf(Assessor) 1994 CONDOA Active 414 Tava Ln Palm Desert 92211 Agent:Stever GgNon. Office:Cove&Sea Realty Phone:760-773-0677 Phone:760-773-0677 Marketing Remarks:Great location in the gated community of Mountain View Falls.Unit was built during the last phase in 1992.This is a two story condminium with 3 bedrooms and 2 baths in excellent condition.There is a back ___o` k yard and a two or garage.The development has pools,spas,and tennis courts. I (68) Listing#21351742 View DelaI s Sap See AddJ_P cs $229,999(V) 3 2 1184 2614sf(Other) 1980 SFRD Active 75200 Valencia Way Palm Desert 92211 Agent:Per&Smyth Office:Peter Smyth Phone:310-916-3648 Phone:0-0-0 j # Marketing Remarks:Probate,Submit All Offers,Motivated. i (69) Listing#21347504 View Detells See M@p $235.000 3 1.75 1592 6098sf(Assessor) 1979 SFRD Active 43505 Texas Ave Palm Desert 92211 Agent:Arline A Hoover Office:_A0[ne A Hoover—Broker �.:.. Phone:760-774-2673 Phone:760-360-8910 Marketing Remarks:All these reasons to look at&buy this great house.1.Great home on the fairway with beautiful News.2.Living room has cathedral ceilings,light and tonght.3.1'amily room off kitchen with fireplace 4.Ceiling fans thru out.5.Master w/walk-in closet.6.Twg good size bedrooms.7.Sliding doors to covered patio from LR&mastec6.Newly paimed.9.Kitchen redone with newer refngerstor,micro,stove+dishwasher&ceiling.10.Baok yard large enough for lap pool&spa but you have use of community pool&spa on California St.11.Two or garage with direct acccess from FR.12.Fruh trees.13.HOA only$300.00 yearly.14.Very nice street that dead ends so no thru traffic.15.Play 18 hales on newer award winning golf course and enjoy the beautiful new club house.15 REASONS TO SAY YESI (70) Listing#21336146 iew elaila See Map $ee-Adcll Pics E235,000 1 1 775 3920sf(Assessor) 1985 CONDOA Active 42002 Sand Dune Dr Palm Desert 92211 Agent:_QgWJ3oyec Office:Southland Progenies Phone:888-914-6999 Phone:888-914-6999 Marketing Remarks:Very Rare 1 Bedroom Casablanca Unit.Uve in the prestigeous Oasis Country Club for only j $235,000.Natural Slate Flooring.Solid Woods Doors.Plantation Shutters.Beautiful Custom Stonework inside gives you the feel of being outdoors in the comfort of your living room.This unit is the ultimate weekend vacation home or perfect for the first time home buyer. i tW+ (71) Listing#21347490 View Details Seeman See Utlgal Nredia See-Addl Pica i $235.000 2 1.75 1064 1742sf(Assessor) 1984 CONDOA . Active 41466 Inverness Way Palm Desert 92211 Agent:SYsia_Maleg Office:Deserl_Estales ReoIRy Phone:760-9614030 Phone:760-200-1844 Marketing Remarks:SHORT SALE-Great Pebble Beach plan in Palm Desert Resorter on the 1st fairway.Home is in move-in condition with newer the and carpet,new alums wood patio,and a new two or garage.Two bedrooms and two baths make this the perfect desert home with spectacular mountain views out the east facing backyard.Walk to tennis courts and clubhouse.Palm Desert Resorter is centrally located on Country Club and has many activities and social events. 1 (72) Listing#21353024 Vigw Details ee a_ S�Adl Pars $240,000(V) 3 3 1285 6098sf(Assessor) 1961 SFRD Active 42420 Wisconsin Ave Palm Desert 92211 Agent:)osegh O DiFuzo Office:Joseph 0 OiPuzo Phone:760-324-7000 Phone:760-325-1200 Marketing Remarks:In addition to being central to both shopping,this residence sits with its back door facing the most beautiful and panoramic of views of the lush green golf course,with the most fruit bearing nectarine trees.The house itself was once said to be the biggest little house in the desert by a home appraiser with its two bedroom,two bathroom main house,and it own separate guest house with bath.The guesthouse serves as an Ideal setting for someone who would like to provide completely sett contained privacy to guests,a mother-in-law,or simply a tenant for rental income.The master bedroom as well as the guest house have their own separate air conditioning features, which can ran separately from the main air conditioning system,which again makes for lower electric bills)A grey - -- --- - stone fascia was added to the front of the residence itself to add a cottage like charm,which is matched by green grass and bold palm trees which replaced the once rock landscape. http://desertareamis.rapmis.com/scripts/mgrqispi.dll 2/10/2009 Search Results Page 14 of 14 (73) Listing#41348090 View_Dgtmla $ee Map See Add Pics $248,900 3 2 1288 2178sf 1984 CONDOA Active 413 Tava Ln Palm Desert 92211 Agent:Kim Lompardelli Office:REMAX Real Estate Consultants Phone:760-862-2977 Phone:760-346-0500 Marketing Remarks:A terrific 3 bedroom in the gated development of Mountain View Falls.There are pools and Tennis courts.The condos are separated by nice green walk areas.This unit has been remodeled with new tile, carpet and paint!The kitchen has new granite counters and appliances.There is a huge private back patio that separates the condo and the two car garage.Located in the heart of Palm Desert. (74) Listing 421357398 View Details See[.Asp $ee Addl Pica $249,900 2 2 1330 2614sf 1988 CONOOD Active 164 Desert Falls Dr E Palm Desert 92211 Agent:,,leff_Lhon Office:ReaEy Ex9culives-Deser-Clt_es Phone:760-322-5333 Phone:760-322-5333 Marketing Remarks:Corporate owned.Single story two bedroom villa.Vaulted ceilings,gas log fireplace in living room,large east facing pabo and extra long driveway,This model is an end unit.HOA dues include tennis and fitness membership plus cable TV. (75) Listing#21346896 Vighw�etals $iLMap $@egddlcs I $249,900 1 1.50 949 2178sf 1984 CONDOA I Active 76676 Chrysanthemum Way Palm Desert 92211 Agent:Susan O LA xson Office:Coldwell Banker Residential Brokerage r. Phone:760-567-9100 Phone:760-771-5454 Marketing Remarks:Lowest priced unit in Palm Valleyl Enter the wzy courtyard patio to view this stylish& sophisticated resort home.The condo was remodeled wlupgrades including hardwood floors,kitchen counters wlhigh --^•'1 •c" end cabinets and new appliances&cas stove.The master bedroom closet is organized&the laundry room has tr _ shelving for your storage.The view o'the got course is from all roomsl Patio doors from the living room&from the master bedroom provide easy access to the outside north facing patio.The unit is conveniently located and steps l from a community pool and spa&within a short walk to the golf course,clubhouse,tennis courts,Olympi"ize pool and fitness center.This is the perfect weekend getaway property&you can also rent it out when not in use!Become a Palm Valley homeowner&enjoy the best of the desert! (76) Listing#21347595 View Details See Map $ee kddl Pica $250,000 2 2 1392 1742sf(Assessor) 1984 CONDOA Active T 41778 Woodhaven Dr E Palm Desert 92211 Agent:S1�e Brodie Office:Vihndgrmgle_ReaLEst" Phone:760-567-2900 Phone:760-564-9685 Marketing Remarks:Reduced....wondefully priced condo with a large greenbelt back yard.There are two bedrooms and two baths a large great room with high ceilings.In need of some tic as this has been vacant for awhile. Woodhaven has a got course and a lovely club house on the property.It is conveniently located near shopping, i Starbucks and pet facilities. _ I (77) Listing#21338904 View-Dehi�js See Map $250,000 3 2 1350 6098sf 1975 $FRD Active 43591 Virginia Ave Palm Desert 92211 + - Agent:Richard K Wahl. Office:Realty World Prern er Properbe r Phone:760-275-3186 Phone:760-343-7337 t 'x+i`- Marketing Remarks:Very clean&neat home pool home this is a short sale all terms&conditions subject to lender approval,make offer (78) Listing#41345474 Vie%_Petaif@ Ses_Map See Addi Pics http://desertareamis.rapmis.com/scripts/mgrgispi.dil 2/10/2009 STATE OF CALIFORNIA B ICIN SS TRANSPORTATION AND HOUSING AGENCY ARNOLD SCHWAR7FNEGCER C vemor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 1800 Third Street,Suite 430 P.O.Box 952053 Sacramento,CA 94252-2053 (916)3233177/FAX(916)327-2643 _is v .hcd.ca.gov May 13, 2009 MEMORANDUM FOR: P nni g Direc rs FROM: Cathy . Creswell, Deputy Director Divisi of Housing Policy Development SUBJECT: Housing Element Fourth Revision Statutory Deadline As you know, the statutory deadline for the fourth revision of your jurisdiction's housing element was June 30, 2008. However, as of this date, the Department of Housing and Community Development (Department) has not received the jurisdiction's draft or adopted housing element updates pursuant to Government Code Sections 65585 and 65588. This Department is committed to working in partnership with local governments to promote the development and implementation of effective housing elements and available to provide technical assistance in addressing the statutory requirements. Housing element technical assistance information is available on the Department's website at www.hcd.ca.gov/hpd/hrc/plan/he/. The site includes housing element law, technical assistance papers and resources to develop an effective housing element as well as information on successful housing and land-use programs and strategies. Among these resources is the Department's latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at www.hcd.ca.ciov/hpd/housing element2hridex.ohp. The Building Blocks' website provides detailed information on developing a compliant housing element along with sample analyses and programs available to download and modify as appropriate to your community. Timely adoption of local housing elements is a critical first step in effectively addressing California's housing needs. Financial assistance linked to housing element compliance is described in the Department's memo, Incentives for Housing Element Compliance, available at hftp://www.hcd.ca.gov/hpd/hrc/plan/he/loan grant hecomp1011708 pdf. In addition, failure to adopt a housing element pursuant to the statutory schedule leaves a community at risk of legal challenges and may reduce a community's competitiveness or eligibility for certain State funding resources. The Department is committed to facilitating compliance with housing element law. If you have any questions or need assistance, please contact Raquel Medina, of our staff, at (916) 324-9629. �goldforb ' l i p m o n LA' W ALERT - attorneys ;READY OR NOT, HERE I COME: SB 375, HOUSING ELEMENTS, AND DENSITY BONUSES Last year's passage of Senate Bill 375 (Chapter 728, Statutes of - 2008) was heralded as the first statewide legislative effort to Goldfarb & Lipman LLP reduce greenhouse gas emissions through land use planning. Home While the most highly publicized SB 375 reforms will not take effect until well into the next decade, cities and counties ("local Contact us: governments") should know that the first area where SB 375 will make an impact is on housing element law. This alert I Northern California: discusses these recent changes in housing element law as well j 1300 Clay Street as newly enacted revisions to the density bonus law. Ninth Floor Oakland, CA 94612 Changes in Housing Element Law Effective January 1, 2009 510.836.6336 Although SB 375 will have both short and long-term impacts on Southern California: housing element compliance, certain important housing element 523 West Sixth Street 20 changes became effective on January 1, 2009. Jurisdictions that Suite Los Angeles, CA 90012 have a past-due housing element or that submit a draft housing 213,627.6336 element to the California Department of Housing and Community Development(HCD) after March 31, 2009 will 2260 El Cajon Blvd #922 need to comply with the following: San Diego, CA 92104 619.239.6336 Program Timelines Other Articles from G&L Housing elements must already include a program of actions that specifies how the local government will provide adequate housing for all income levels. SB 375 requires local governments to specify a timeline for completing each program Sian Up for Electronic Law such that there will be a 'beneficial impact'during the housing Alerts element planning period. Electronic Law Alert Specification of Lower Income Sites to be Rezoned Archive Where sites must be rezoned to meet the local government's need for sites suitable for lower income housing, SB 375 requires the sites to be identified by individual parcel number For more information, and other information to be provided for each site. Public Hearing on Housing Element Annual Report please call or email Barbara Kautz, Josh Counties and general law cities are required to prepare an Mukhopadhyaay, Jack annual report on progress in meeting housing element goals. SB Nagle, or any 375 requires the city council or board of supervisors to schedule other Goldfarb & Lipman a public hearing to review the report and discuss progress on the attorney in our Oakland, housing element's program of actions. Los Angeles and San Diego offices. Sanctions If Programs Are Not Implemented As noted above, local governments are now mandated to provide a timeline for completion of housing element programs. Effective January 1, 2009 for all housing elements, any "interested person" can bring an action to compel a city or county to comply with"deadlines and requirements"relating to programs that: Identify adequate sites; Assist in the development of affordable housing-, or Remove governmental constraints to affordable housing and housing for the disabled(Gov't Code Section 65587(d)(2)). Although the language of this section is not entirely clear, advocates have stated that this amendment was intended to allow the courts to require local agencies to implement the programs contained in the housing element if they are not implemented within the timeline shown. Consequently, local governments should ensure that they have the capability to carry out their housing element programs within the specified timelines. Changes in Density Bonus Law Effective January 1, 2009 AB 2280 (Chapter 454, Statutes of 2008) made several clarifying changes in state density bonus law (Gov't Code Section 65915), in part to modify some problematic holdings in a 2007 case, Friends of Lagoon Valley v. City of Vacaville. The two changes related to Lagoon Valley clarify that: The 20% density bonus provided for senior housing applies only to the senior housing units, not to the rest of the project. In Lagoon Valley, the Court of Appeals had held that 35 units of senior housing included in a 2,000- unit project could entitle the entire project to a 20% density bonus of 400 units. The amendments clarify that J the 20%bonus applies only to the senior units, allowing only a 7-unit bonus for a 35-unit senior project. If a city or county desires to provide a density bonus in excess of the bonus allowed by State law, it must do so pursuant to local ordinance. The Lagoon Valley court had held that local governments could grant a density bonus of any size without any local authorizing ordinance or even if contrary to local ordinance. Under density bonus law, project applicants who provide a certain percentage of affordable housing are entitled to a density bonus ranging from 20 to 35% and from 1 to 3 regulatory "incentives and concessions."In addition, they may request "waivers" of local development standards if the development standards prevent construction of the project with the density bonus and incentives that the project is entitled to. SB 2280 provides that waivers can only be granted if local development standards "physically preclude" construction of the project with the density bonus and incentives. However,the applicant does not need to show that the waivers are needed to make the project economically feasible (which had previously been required). Law Alert is published by Goldfarb&Lipman LLP as a timely reporting service to alert clients and others of recent changes in case law,opinions or codes.This alert does not represent the legal opinion of the firm or any member of the firm on the issues described,and the information contained in this publication should not be construed as legal advice.Should further analysis or explanation of the subject matter be required,please contact the attorney with whom you normally consult. California Department of Housing and Community Development Housing Element Policies and Programs Addressing Climate Change The update of the housing element provides an important opportunity to evaluate and adopt programs and strategies benefiting both housing supply and affordability, and energy and climate objectives. Many local governments are setting out to become models of sustainable development, implementing policies that not only benefit the climate, but improve their communities in various ways. The housing element update can provide an effective mechanism to adopt new efficient land-use strategies such as infill, mixed-use, or downtown revitalization. It can also provide a vehicle for local governments to adopt housing and land-use strategies to address climate change and the reduction of green house gas emissions. Most of the housing and land-use strategies adopted by local governments to meet their existing and projected housing needs also serve to effectively address climate change concerns. For example, promoting higher density, infill housing for low-income workers and housing along transit corridors also can .significantly contribute to reductions in green house gas emissions. Below are programs and policies being used by local government to not only meet housing requirements, but make significant contributions to reducing greenhouse gas emissions and promote energy conservation. The programs and strategies are listed by the most relevant section of housing element law and highlight the environmental co-benefits of various housing policies. These examples are not meant to be exhaustive. Many other communities may have similar or additional policies and programs to those represented here. Examples have been paraphrased or edited. Potential Co-Benefits c 0 3 N A ' N 0 O 7 N fD 3 Policy or Program Description o " m' 0 O o 0 2 A o a m 2 0 0 C 3 M 7 1 O ortuni#les or ner o servatfon Photovoltaic System Incentive. Rebates provided to the utility's customers x x on a per-watt AC basis, consistent with the terms of the California Solar Initiative. (Alameda Power&Telecom) 1 State Department of Housing and Community Development February 2009 Potential Co-Benefits i g m 0 m m 3 0 ( o S 3 nZ3 �. N Policy or Program Description � o 0 r- 0 � ° _ ° `D m a 3 m Z o 13 o C 3 m o D= s ca m = o > > The Public Utility offers a rebate to its residential and business customers x x who install a solar photovoltaic(PV) system. The incentive for residential customers is $4twatt AC. Residential customers who participate in the Home Investment Package (HIP) can receive a rebate of$5/W up to $14,000. (Anaheim) Greenprfnt Initiative. A regional and multi-decade program to expand urban x x forests and optimize the benefits of tree canopy cover. Trees help reduce urban heat-island effect and can slow structural deterioration. (Sacramento) Encourage resident support of renewable energy. The City Department of x Water and Power offers interested residents the Bronze, Silver, or Gold program. The bronze requires 15% of renewable energy, the silver 37.5% and the gold 60%. Each green kilowatt-hour signed up for would be billed at two cents above the existing rate. For more information visit http://www.burbankwaterandpower.com/green-energv.html. (Burbank) The City Department of Water and Power offers an incentive for landlords x x x and building owners of multifamily residential rental units to replace inefficient air conditioning units with new ENERGY STAR®qualified units. The rebate amount is determined by the level of efficiency and can equal up to 50% of the installed cost. Actual incentives will be based on Seasonal Energy Efficiency Ratio (SEER) for central ACs or Energy Efficiency Ratio (EER) for room ACs of the existing and proposed unit(s). (Glendale) SMUD's Solar Domestic Hot Water Program provides rebates and/or loan x x financing to customers who install solar water heating systems. Rebates of $1,500 per solar water heating system are available for residential customers who replace their electric water heating system. In addition, SMUD offers 100% loan financing to cover the remaining costs with a ten- year repayment period. (Sacramento) 2 State Department of Housing and Community Development February 2009 L Potential Co-Benefits o C) � 3 1 0 . 47 CD O CD Policy or Program Description 0 o n o fD a 3 0 20 d 2 0 0 c 3 m o = ? m 0 o t; 3 Work with the International Council of Local Environmental Initiatives (ICLEI) x x x to implement the Urban Environmental Accords. The program contains an element of competition to achieve as many of the 21 actions outlined in the accords as possible before World Environment Day 2012. Participating cities may earn up to a "4-Star City" designation. These implementable goals focus on urban sustainability, promote healthy economies, and advance social equity. For more information visit www.ci,pasadena.ca.us/permitcenter/GreenCity/Home Green.asp. (Pasadena) Adopt Action Plan for Future Water Supply. Implement conservation, X x reclamation, re-use, desalinization, surface runoff and groundwater development practices. Landscape and irrigation practices that encourage low water demand in both private and city-owned sectors shall be promoted. The City encourages efficient water softener usage, low water demand demonstration gardens and water conservation home design awards. (San Diego) Community Forest Initiative. Plant 5,000 shade trees per year on public x X property for twenty years, for a total of 100,000 trees by the year 2020. Tree cover can slow structural deterioration and reduce the urban heat-island effect. (San Diego) Test new ways to pave streets, parking lots, sidewalks, and trails. New x x x pervious surfaces, which allow water to penetrate the surface, offer great promise for being better for the environment. (San Jose) Encourage the planting and restoration of native rather than non-native x x vegetation throughout the City and also in areas where plants or habitats are diseased or degraded. (Santa Cruz) Community Energy Independence Initiative. Establish a city-sponsored solar TM service to first reduce energy usage and then meet the goal of solar on every roof possible by 2020. For more information visit www.solarsantamonica.com. (Santa Monica) 3 State Department of Housing and Community Development February 2009 Potential Co-Benefrts i m n m0c M on 2 3 .Policy or Program Description Z o 0 c ; 0 o o 10 a 3 obi G y c m o CD z CD 7 O p 7 Water Efficient Landscape Program. Ensure efficient water use by X establishing standards for landscape design appropriate to the City's climate, soils, water resources, land use, and resource planning. (Sebastopol) Promote photovoltaic system installations by creating a network of vendors, x improving ease and reducing cost of permitting, training and educating the community, along with other activities. For more information visit www.solarsebastopol.com. (Sebastopol) Variable Can System. Customers are billed on the number and/or size-of cans subscribed in order to promote reduction/recycling. (Marin County) )W �x x I Home Water Survey Program. Free home inspection by trained staff that will X make specific recommendations tailored to the household needs. (Santa Cruz) Peak Corps Voluntary Program through SMUD to reduce electric load and X maintain a reliable electric system during electrical emergencies. Peak Corps members allow SMUD to install a cycling device that sends a radio signal to switch-off(or cycle) their central air conditioners. Cycling can occur periodically between June 1 and September 30. Similar programs can be established within different jurisdictions (in conjunction with their Municipal Utility District) to help ameliorate massive consumption of energy during peak hours. (Sacramento) Clothes Washer Rebate Program. $100 rebate for the purchase of an x x Energy Star®labeled clothes washer, which uses about half the total gas and electric energy of a standard machine. (Santa Cruz) Rebate for purchasing ENERGY STAR Refrigerators. $40-75/unit through IX X SMUD. (Sacramento) 4 State Department of Housing and Community Development February 2009 i Potential Co-Benefits 3 0 rn 0 � 3 1 N 7 7 CD O fD 3 Policy or Program Description = 0 �^ o O 0Z 0 O Z M Z3 a 3 m Z o o c 3 .. m o Zero Interest Loans. Provide qualifying homeowners zero interest loans X X X (maximum amount should be determined by local governments) for a variety of energy saving projects, including solar water heaters, heat pump systems, duct sealing or replacement, replacement windows, and weatherization measures. (Ashland, Oregon) High Efficiency Toilet Rebates. SoCalWater$mart Rebate Program: Provide X X rebates to residents who replace existing toilets with low flow toilets. Water savings from high efficiency toilets can save $270 to $1,400 on water bills depending on the type of toilet replaced. Rebates start at $30 for upgrading standard toilets and $165 for replacing older, inefficient models. (Metropolitan Water District of Southern California—check other water or utility districts for other examples and programs) a -fi ,i, Adopt the California Integrated Waste Management Board's model X X construction and demolition (C&D) diversion ordinance. The model is designed to be flexible enough to help jurisdictions meet their local needs. Visit www.ciwmb.ca.qov/ConDemo/Sami)IeDocs/default for the model ordinance and a list of communities that have adopted ordinances. Personal Tax Deduction. Local governments can educate residents about X X and promote use of tax deduction. Taxpayers may deduct the interest paid on loans from a publicly-owned utility used to purchase energy efficient products or equipment for a residence in California. Items include: energy- efficient heating, ventilation, air-conditioning, lighting, solar, advanced metering of energy usage, windows, insulation, zone heating products, and weatherization systems. Customers of publicly-owned utility companies that do not offer customer financing may be able to deduct the interest from a home equity or home improvement loan used to purchase energy efficient products and equipment. This deduction may not be taken if a tax credit is taken for the purchase of the energy efficient equipment. (State of California Tax Code 17208.1) Solar Access Regulation. Requires that the site plan of new developments X demonstrate that the orientation and location of buildings, structures, open spaces and other features preserve solar access of adjacent properties. (San Diego). 7 5 State Department of Housing and Community Development February 2009 Potential Co-Benefits -i m 0 m m 3 'm W O O n ai " : O o' 3 Policy or Program Description = = o " io up o 01 o 0 <p , 0 Z CD� G 3 W Z O O C 3 O (D 7 , Peak Energy Program targets multifamily buildings, as well as residents of X x single-family homes who are elderly, disabled, or low-income. Focuses on replacing lighting and coin-operated washing machines with more efficient models, saving resident money and reducing demand. (San Francisco) Woodbuming Stove Replace Rebate Program. Provides $250 Rebate to x X encourage homeowners to remove or replace non-EPA certified wood- burning heaters (wood stoves and fireplace inserts) with cleaner burning stoves or gas insert replacements. It is also possible to receive a rebate for completely removing a fireplace from service. (Marin County) Solar Rebate Program. Rebate for solar energy system purchases to X X residents and businesses in the unincorporated areas of the County of Marin and County of Marin employees. Photovoltaic System $500. Solar Domestic Hot Water Heater$300. Solar Pool Heater$200. (Marin County) Roseville Utility Exploration Center. Roseville's Utility Exploration Center is X X X X an interdepartmental project spearheaded by Roseville Electric and the Environmental Utilities Department with support from the Parks, Recreation and Libraries Department and City Manager's Office. The Center is a key component will be a one-of-a-kind center offering an exciting new take on preserving natural resources and protecting the environment through new technologies and conservation measures in energy efficiency, water conservation, recycling, and water quality and environmentally sustainable building materials making the Center an exhibit in itself. When completed, the Center will offer children and adults fun and interactive tools for learning. (Roseville) 6 State Department of Housing and Community Development February 2009 Potential Co-Benefits 3 0 n 3 01 X m = om Z r'n m w = 3 Policy or Program Description 0 o = 0 m o O o o Z m a 3 = m o o C 3 m o ^. � o '�° > > des' a uat Site n ovide or a a e m of Ho i Increase infrll development opportunities along commercial corridors by X x x X facilitating site assemblage to create larger more viable sites. (San Leandro) Promote infill and intensify land uses consistent with existing neighborhood X x x r or commercial district patterns in developed areas currently served by municipal services. (Santa Cruz) Basedt on the land-use strategy developed in the City's land-use and X x x X circulation element(LUCE) identify areas of future residential development near existing and proposed transit connections and adopt tools or policies to successfully develop housing that is served by nearby retail uses and services. (Santa Monica) 77 Direct growth into compact patterns of development, where living and X x x x _x X working environments are within walkable distances. Apply the"Transit Oriented Development Design Guidelines" which are designed to reduce auto trips to work, roadway expansion and air pollution. These guidelines will maximize availability of open spaces, diversify housing and populations, as well as improve upon new and existing public transit, convenience and availability. (San Diego) Traditional Neighborhood Design (TND) Ordinance. Provides fora 30% X x X reduction in transportation fees charged to the developer in return for pedestrian-oriented design features, and another possible 30% cut for transit-friendly design. (Davidson, NC) 777 Increase awareness of green building design practices involving soil erosion x x x prevention, soil permeability standards and drainage/runoff issues. Limiting development's impact can reduce the amount of water the City has to treat, saving money and resources. (Santa Barbara) 7 State Department of Housing and Community Development February 2009 Potential Co-Benefits 0 0 0 � 3 N A o m 3 0 2 3 N Policy or Program Description w 0 o o o fD N a 3 obi o o C 3 m o Require new buildings to maximize use of daylight and use energy efficient X X lighting, such as compact fluorescent lighting indoors and LED lighting outdoors. Promote design and development of inter-connected streets and traffic X X X X calming features. Facilitate mixed-use development opportunities along commercial corridors X x X X X served by high quality transit. Play a proactive role by offering fiscal and regulatory incentives and increasing by-right densities, conducting education and outreach to promote mixed-use development opportunities, monitoring new housing production, and committing to make regulatory changes should housing production not keep pace with projected objectives and demand. (Foster City and Saratoga) L Li Revitalize the Downtown by upzoning sites proximate to BART stations to X x x x X allow high density infill and mixed-use development. (San Leandro) Rezone sites for higher density use. The City is rezoning 59 acres of land to X X x X X high density residential development, increasing maximum densities from 12 du/acre to 24/du/acre. The City considered sustainable development objectives and the reduction of greenhouse gasses in this section of sites, and therefore all sites are located adjacent to commercial districts that will accommodate pedestrian-oriented commercial developments. (Yucaipa) 8 State Department of Housing and Community Development February 2009 Potential Co-Benefits 0 0 � 3 3._ N y ' `-'' 3 iD O fD Policy or Program Description o r v' > 0 O Z, o 0 10 1° A a 3 o o o 0 3 3 O 3 3 7 Promote Infill Housing Development. The County implements several X X X X X programs to promote infill consistent with the County's sustainable community's strategy. The programs are linked to land-use strategies to reduce vehicle miles, increase energy efficiency, and reduce greenhouse gas emissions. Programs include: (a) funding of an infill coordinator position that develops and directs the infill program; (b) providing incentives for infill development including financial incentives: (c) amending the zoning code to provide for a new mixed-use zone; (d) adopting a new development code to facilitate medium and high density development along commercial corridors; (e) developing and utilizing "ready made" plans to promote infill projects; and developing community plans, specific and comprehensive plans, corridor plans, and design guidelines that incorporate energy efficient configuration and design as primary goals. (Sacramento County) Adopt "Transit-Oriented Distract"plans to increase density, reduce parking X X X X X X requirements, and establish design and development standards to create inviting, mixed-use urban neighborhoods around transit. (City of Los Angeles) Adopt infill House Plan Program to streamline the process for development X X X X X X of high quality single-family homes in the City's older neighborhoods and redevelopment areas. The homes are designed to suit the character and style of the City's older neighborhoods. Under this program, users can purchase plans that are pre-approved through the City's design review and building plan check review process, saving time and money. The program may be expanded in the future to include additional plans or plans for different lot sizes or types of development. In addition, private developers may also request that their plans be pre-approved for repeated use. All plans are approved by the City's Design Commission and Preservation Commission. (City of Sacramento) 9 State Department of Housing and Community Development February 2009 Potential Co-Benefits e 0 3 w N = o M o m 3 Policy or Program Description = � o s o r o 13 o z M a 3 � m Z o o C 3 M o °..' s o M > LEED Incentives. Builders who construct Leadership in Energy and x x Environmental Design (LEED) certified structures receive cash incentives. (Fremont) Green Building Incentive Program. Financial incentives for new construction x X and major rehabilitation projects that are LEED-certified are calculated using a simple cents/square foot measure on the number of points earned in the LEED energy category. The incentive rate increases for each additional point earned (e.g., $0.30/square foot for 1 point, $0.40/square foot for 2 points, etc.) as projects save more energy. There is no cap per project, so, for example, a 1 million square foot development that earned four points in the energy category could receive $600,000. (City of Los Angeles) Reduce fees and provide priority processing for residential development to X x X promote development within the Inner City area. (City of Fresno) Generation Solar. Install at least 100 solar electric systems on residential x X and commercial rooftops, to help overcome the structural, institutional and market barriers that currently inhibit solar power. Ten municipal sites are included for their educational value, high visibility in the surrounding neighborhoods, and their value as demonstration sites. (San Francisco) Environmental Justice Grant Program funds community-based organizations x X and non-profit groups dedicated to providing energy and environmental services to specific disadvantaged neighborhoods. (San Francisco) Establish system for reuse or recycling of construction and demolition x materials. (Marin County) 10 State Department of Housing and Community Development February 2009 Potential Co-Benefits r c � m z a i , p 7 m o N 3 n < Z 3 '. N Policy or Program Description a w ; o o o � U , CD a 3 5 m � o o C 3 m O d+ m .�. 7 O i 7 Coordinate and host general and technical green building educational X x opportunities for public and private building industry stakeholders including: residents, architects, engineers, contractors, permit applicants, developers, real estate professionals, and financial institutions. (San Francisco) City Sponsored Energy Resource Centers. Centers are conveniently located x X x throughout the community offering educational workshops given by leading industry experts and a wide-variety of seminars and workshops to help incorporate the latest best practices. Features real-world interactive displays and exhibits on energy efficiency to aid design and technology choices. Provides expert assistance on energy design review, energy savings support and identification of financing opportunities for all members of the community. (San Diego) Green Building Incentive. Provide free technical assistance for buildings that x x exceed requirements by 20% or that can provide 75% of the site's annual energy use and offer fast-track permitting for these. (Marin County) Green Building Grant Program. Affordable housing, mixed-use and x x X multifamily residential are eligible if registered for LEED certification. Grants range from $20,000 to $35,000 depending on level of certification. (Santa Monica) x Innovative Technology Grants for energy efficient systems and urban runoff X X X x mitigation technologies. The City provides these grants for energy efficiency measures and hybrid systems, such as solar absorption chillers or solar- assisted heating systems. Grants cover 50% of the cost of eligible systems up to a maximum of$5,000. (Santa Monica) 11 State Department of Housing and Community Development February 2009 Potential Co-Benefits -+ * m n m m 3 N 0 o 0 CD a m o 3� m o m Policy or Program Description o o m y o 0 3 o o � m a 3 a m 2 0 o c a M o = M C m o 3 3 Provide low interest loans for residential solar energy systems in conjunction x x x with the First Time Home Buyers Program. (Arcata) Green Building Guidelines. Promote use of the Multifamily Green Building x x x x Guidelines. The Guidelines are a technical resource for the multifamily residential building industry. Free copies of the guidelines are available to design and building industry professionals working on multifamily housing projects in the County. The Guidelines address planning and design; site; structure; systems; and finishes and furniture. There is also a section on how building green can reduce costs. (StopWaste.org, Alameda County) Transit-Oriented Development Program (TOD):Th I.e Department of Housing X X x X and Community Development (HCD) administers the TOD program funded by Proposition 1 C to facilitate the development of higher density housing within close proximity to transit stations, to increase public transit ridership and to minimize automobile trips. Loans are provided for housing and grants for the provision of infrastructure in infill areas. Local governments can apply or assist in the application of funds from this program. (HCD) Green Communities Initiative is a partnership of corporate, financial and X X x x >c philanthropic organizations with the goal of achieving 8,500 environmentally friendly affordable housing units across the country within 5 years. The partnership has committed $550 million for financing, grants and technical assistance to developers to build affordable housing that promotes health, conserves energy and natural resources and provides easy access to jobs, schools and services. (ESIC, NRDC, APA, others) -- — Assist developers of affordable housing projects to incorporate energy x X x efficiency designs including: • Use subsidies, expedited permit processing, density bonuses or other incentives to support implementation of photovoltaic and other renewable energy technologies to provide a portion of the City's energy needs. • Establish a technical assistance program to help developers in complying with the energy code and implementing energy efficient technologies. • Offer incentives to developers for projects that result in energy savings of at least 20% when compared to the energy consumption that would occur under similar projects built to meet the minimum standards of the energy code. Davis 12 State Department of Housing and Community Development February 2009 Potential Co-Benefits o 3 N 1 N 7 O _7 m o 3 Policy or Program Description o r " fD N O O 3 O a 3 m 2 0 o C 3 A o �' M m �• > > o Location Efficient Mortgages (LEM): Local governments can adopt policies X X X X or programs to promote use of LEMs to increase the amount of money homebuyers in urban areas are able to borrow by taking into account the money they save by living in neighborhoods where they can shop at nearby stores and use public transit, rather than driving to work and to the mall. (Fannie Mae, others) Energy Efficient Mortgages (EEM): Local governments can adopt policies or X X X programs to promote use of EEMs which increase the purchasing power of buying an energy efficient home by allowing the lender to increase the borrower's income by a dollar amount equal to the estimated energy savings. (CaIHFA, others) The California Tax Credit Allocation Committee (TCAC) requires minimum X X X construction standards including low-water landscaping, energy star appliances and low VOC paints. TCAC also provides additional competitive advantage for further energy efficiencies such as locating development in designated infill areas. Local governments can support applications and projects requesting tax credits. (TCAC) Require Redevelopment Agency-assisted residential and mixed-use X X X x x developments include sustainable design features including energy and water reduction strategies, building design that maximizes sunlight for heat and light, and maximizes air flow for natural cooling, re-use and recycling of materials, and selection of building materials made from renewable resources. Develop educational materials on green building and provide to homeowners and builders. (San Fernando) 13 State Department of Housing and Community Development February 2009 Potential Co-Benefits c 3 i H 3 7 N O N 3 n 3 M N Policy or Program Description [-0) 3 o 0 � 0 w 3 o O o 10 N (A o Z m a13 3 m Z o o cZ to 3 0 0 _ Require energy audits to be performed when residential and commercial x x buildings are sold and that information regarding the opportunities for energy efficiency improvements is presented to the buyer. (Arcata) Solar& Energy Efficiency Conversion Program. Pr ovide residents a X X x streamlined, cost-effective opportunity to implement energy efficiency improvements and to install solar/renewable energy systems on their properties. Develop a funding mechanism to allow program participants to voluntarily choose to place the improvement costs on their property's tax rolls, thereby avoiding large upfront capital costs. (Chula Vista) Turf Lawn Conversion Program. Provide residents a streamlined, cost- X X x effective opportunity to replace their turf lawns with water-saving landscaping and irrigation systems. Establish the model for water-wise landscaping for new development through an update of the Municipal Landscape Ordinance and Water Conservation Plan Guidelines. (Chula Vista) Provide more efficient water heaters to qualified affordable housing and X x x social service organizations, and others (program only aims to provide up to 100 water heaters). (Fresno) Residential Energy Conservation Ordinance (RECO). Require all homes to X x undergo an energy audit at time-of-sale. (Sacramento) Residential Water Survey Program. Free of charge to single- and multi- X x family units who pay their water bills to the City. A Water Conservation Representative tours the property and points out leaks and water-saving opportunities and provides water-saving equipment and information. The program not only reduces the property's water usage, but also educates the tenants on water conservation. (San Diego) 14 State Department of Housing and Community Development February 2009 Potential Co-Benefits m A m m 3 CD Z c v' m 'o m 3 Policy or Program Description = = ; o o 9 o � U) 0 2 m c a m 2 0 o c 3 7 0 3 7 Plumbing Fixture Retrofit Ordinance. Require that at time of sale the seller X X update specified plumbing fixtures, or officially transfers the responsibility to the buyer, and have the property inspected and subsequently certified. (Santa Cruz) The City delivers energy, insulation, and weatherproofing retrofit services to X X x public housing and multi-family building owners and offer energy awareness services to their employees and tenants. (San Francisco) Work with public health representatives to reduce environmental risk factors X X X in existing and new construction housing, with an emphasis on low-income residents. Promote "Healthy Home" guidelines. (San Francisco) s Residential Rehabilitation Loan and Grant Program. A rehabilitation X X X counselor inspects the home and discusses improvements that fall under the loan program and energy-efficiency enhancements that are eligible for the grant from the City Public Utility. The grant is automatically available to all participants in the Rehabilitation Loan Program. Energy-efficiency enhancements include heating, ventilation and air conditioning repairs; high efficiency lighting retrofits; air conditioning compressor replacement; and home insulation. Income-qualified City Public Utilities residential customers may qualify for up to a $5,000 grant or up to $60,000 loan at 3% interest. (Anaheim) Residential Weatherization Grant. To participate, customers must complete X X X and send in a Weatherization Cash Grant Application Form. Upon receipt of a completed application, the City Department of Power may or may not require a free energy audit before installation. All work must be completed by a pre-approved contractor, and the completed project must be inspected by the Department, which will then pay the contractor 80% of the cost. The contractor will then bill the customer or the landlord for the remaining 20%. (Alameda) 15 State Department of Housing and Community Development February 2009 Potential Co-Benefits c 03 H 5 3 4/ W o 0 3 Policy or Program Description 0 o d o 0 0 ; p m a 3 m 2 0 o C 3 m o °� c o 0 The "Residential Garden Walks" program offers homeowners and renters a x x x free, one-hour visit by two LIC-certified master gardeners who will assess landscaping and make stops at the water meter, valve box and irrigation system timer. The assessment also includes testing all irrigation system components and preparing a list of recommendations to fix outstanding issues. A $350 rebate applies to any irrigation system upgrades. (Marin County) Energy Audits. Roseville Electric offers energy audits to aid customers in x x x reducing home energy costs. In addition to free mail-in and web-based customer assisted energy audits, at the customer's request, a trained energy auditor will inspect residences and advise the best way to achieve energy efficiency and save money. Roseville Electric also offers website or mail in energy audits. The audit includes a utility bill analysis to show the customer where the energy is being used. Also included are suggested low and no cost conservation practices and an analysis of recommended conservation measures. (Roseville) A Sustainable EnergyFinancing District:Create a g City-run voluntary x x x program that allows participating homeowners to pay for energy efficiency and renewable energy improvements to their buildings as a 20-year assessment on their property tax bills. This program eliminates much of the upfront cost that inhibits many homeowners from improving their properties. The tax assessment may be less than traditional financing and is transferable between owners if the property is sold before the 20-year repayment period. (Berkeley) Energy Action Program provides energy audits for affordable multifamily x x x developments, engages contractors to participate and install energy efficiency improvements, and provided rebates to cover the majority of project costs, among other activities. (Bay Area Local Initiatives Support Corporation) 16 State Department of Housing and Community Development February 2009 Potential Co-Benefits 1 Z o 0 = 3 A. CDN = 7 m o A 3 Policy or Program Description o 13 CD N o 0 ; o a13 3 m Z o o C 3 m o KillUd dress n ..etnove r tt a on Reduce on-site parking requirements and adjust parking pricing in specific X X X X areas. Effective mixed-use, transit-oriented development reduces the need for residential parking because residents can meet mobility needs without a personal vehicle. In addition, as an incentive to increase the use of carpooling and vanpooling as an alternative to driving. (Berkeley) Energy Efficient Permit Fee Waiver Program (Residential). This fee waiver X X x x program applies to plumbing, mechanical, electrical, and solar permits issued for systems that either produce energy or save natural resources. (Huntington Beach) Encourage use of cool roofing systems to reduce a building's energy usage. X x (Contra Costa County) Waive building permit fees for solar and wind-generated energy systems, x x tankless water heaters and energy-efficient heating, ventilation and air- conditioning (HVAC) systems on existing buildings. (San Bernardino County) Develop streamlined permitting for solar water heating and promote easier IT x = interconnection requirements for distributed generation. (San Francisco) � Ensure obstructions of solar access to a registered solar energy system be X X mitigated to the maximum extent feasible during the review of any permit to construct a building, wall, fence or other structure, or part of structure on a property that could have an impact on the system. It also contains a provision to protect registered systems from shading by vegetation on neighboring property. (Santa Cruz County) Waive building permit fees for green installations and provide a rebate for X x x the cost of green building certification, not to exceed the cost of the building permit. (Costa Mesa) T _ F' Adopt an ordinance to facilitate the conversion of old, abandoned downtown x X X office buildings into housing. The Adaptive Reuse ordinance has facilitated the reuse of historic building into apartments and condominiums in the downtown area by waiving modern zoning requirements that were difficult to apply to historic buildings. The ordinance assures that new units are safe, without sacrificing the extraordinary architecture of Los Angeles' historic buildings. (City of Los Angeles) 17 State Department of Housing and Community Development February 2009 Potential Co-Benefits 1 g m 0 m m 3 N N = o 0 = m a=i = y m o rD 3 Policy or Program Description w 0 o o o o10 Z m = a 3 m Z o o C 3 m o °: � m �• = o > Building Code Flexibility. The City's Height of Building or Structures Code X X provides an exemption for solar energy devices, or similar structures. They may be erected above the height limit specified in the district in which the property is located if, for each foot such structure exceeds the height limit, an equal setback from the roof perimeter is provided. (Los Angeles) Fast-track building permit processing and waiver of T-24 energy review fee f r f X IX for all projects (new construction, additions, remodels). (Marin County) I I I 1 Permit Processing Incentives. Homebuilders who build homes which meet III X X X the California Green Builder standard will receive expedited plan checks, guaranteed timelines, and priority field inspection service. Residents and businesses in existing buildings can also receive incentives for improving their building's energy use. Permit fees will be waived for the installation of solar energy systems, wind-generated electrical systems, tankless water heaters, and highly efficient heating, ventilation and air conditioning systems. (San Bernardino County) Building Permit Fee Waiver. To encourage green building the City waives X x permits fees for green installations and provides a rebate for the cost of green building certification, not to exceed the cost of the building permit. (Costa Mesa) Development Standard Concession. Promote installation of solar energy X X devices, or similar structures by permitting them to be erected above the height limit specified in the district in which the property is located if, for each foot such structure exceeds the height limit, an equal setback from the roof perimeter is provided. In addition, no additional permit or fee is needed for solar as part of other improvements of new construction. (City of Los Angeles) Economic Opportunity refers to programs or policies that potentially reduce costs, directly or indirectly, for either the producer, consumer or general public. Sources: The examples have been compiled from a variety of sources including individual local government or program websites, and other resources such as the following: "California Incentives for Renewable and Efficiency,"Database for State Renewables and Efficiency(DSIRE), July 2008, http://www.dsireusa.org/library/includes/map2.cfm?CurreiltPagelD=1&State=CA&RE=1&EE=1 "Cities and Counties Addressing Climate Change,"Compiled by Governor's Office of Planning and Research, 2007 http://opr.ca.gov/cega/pdfs/City and County Plans Addressing Climate Change pdf "Green Building &Sustainability Resources," State of California Department of Housing & Community Development, Housing Policy Division, August, 2007, http://www.hcd.ca.gov/hpd/green build.pdf 18 State Department of Housing and Community Development February 2009 COPY TERRA NOVA PLANNING & RESEAR ,HI-1,1N a P 3. 1 o November 5, 2010 plI;CI?Y �C iC Mr. Mario Angel California Department of Housing and Community Development 1800 Third Street, Suite 430 Sacramento, CA 94252 RE: Revised City of Palm Desert Housing Element Update Dear Mario: Please find attached the revised Housing Element for the City of Palm Desert. The document is provided to you in "track changes" for ease of review. The changes made, in the order presented in your letter of August 24, 2010 are: A.1. Table III-29: The data from the CHAS Databook has been updated to include ELI households. A.2. Households Overpaying: Text has been added below Table II1-29, on page 111-31, to address this issue. A.3. Condition of Housing Stock: Text has been added to page III-26 which describes the number of sub-standard units as investigated by the Code Compliance Department. Language regarding the assistance provided by the City through its Rehabilitation Program is also included. Language has also been added to page III-25 to describe the Code Compliance process. The language is identical to that approved by the Department for other certified elements we have prepared. A.4. Progress in Meeting the RHNA: A comprehensive description of the projects included in the inventory, and in Programs LA, 1.13, and LC has been included on page III-35. The description of each project includes whether they are new construction; their affordability levels; ownership; and financing, if known. As the Department is aware, in this economic climate, projects which were entitled two years ago are not proceeding due to lack of financing. The City continues to work with developers to try to facilitate where it can. A.4. Sites Inventory: General Plan designations have been added to Table III-33. A.4. Realistic Capacity: Language has been added to page III-33 which describes land use controls and site improvements on recently built projects. The content is identical to that approved by the Department for other certified elements we have prepared. 42635 MELANIE PLACE, SUITE 101 ❑PALM DESERT, CA9221111(760) 341-4800❑FAX (760) 341-4455 a Mr. Mario Angel November 5,2010 Pagae 2 of 4 A.4. Zoning to Encourage and Facilitate Housing for Lower-Income Households: Language has been added to page III-33 which describes market demand, financial feasibility and development experience within zones. The language is consistent with that approved by the Department for other certified elements we have prepared. Program LH has been added to address the requirements of Government Code Section 65583.2(h) and (i). The language was provided by the Department for a similar situation in Rancho Mirage. A.4. Large Sites: Program 1.G has been added to describe how the City will facilitate subdivision of large sites. The language was provided by the Department for other certified elements we have prepared. A.4. Suitability of Non-Vacant Sites: Only one site proposed for affordable housing is currently developed. That site currently contains 16 market rate units,which have been bought by the Agency, and will be rebuilt for affordable households. See the description of Sagecrest Apartments on page III-35. All other lands proposed are currently vacant. A.4. Infrastructure: Language has been added to page III-23 which describes that water and sewer services are available, and that sufficient water is available to serve new housing units. A.4. Environmental Constraints: No environmental constraints occur in the City. Language has been added to page III-26 to clarify. A.4. Alternative Adequate Sites: As clearly demonstrated in the inventory and associated discussion, the City has more than enough land available to accommodate its housing need with new units. The purchase of existing units is not included in these calculations, as they are not needed to meet the need. The City has, however, had an aggressive program of market unit purchases for conversion to affordable units, which needed to be described in the Element. A.4. Emergency Shelters: The information provided on page III-28 describes the zones in which the City currently permits homeless shelters, and why the Industrial zone is appropriate. This language and the associated Program have been found adequate for both Rancho Mirage and Cathedral City, which the Department has certified. We believe that the requirements of law,therefore, are addressed in the element. A.S. Land Use Controls: Language has been added to page III-23 to address the fact that the City's development standards have no impact on the development of housing. Parking standards for 1 bedroom units have been added to Table III-25. Mr. Mario Angel November 5,2010 Pagae 3 of 4 There is not a separate standard for studios. There is no need to add a program to remove development standards, as they do not impact the provision of affordable housing. A.S. Fees and Exactions: All the fees charged by the City are listed in the element. No other fees exist. As stated on page III-21, the City has the lowest fees in the Valley. As a result, the City's fees have no impact on the provision of affordable housing. A.S. Processing and Permit Procedures: A description of the City's processing requirements has been added to page III-21. The language is consistent with that approved by the Department for other certified elements. A.S. Codes and Enforcement: The language on page III-24 has been clarified. The City's implementation of the Building Code has no impact on the provision of affordable housing. A.S. Constraints on Persons with Disabilities: Language has been added to page III-29 to address development, maintenance and improvement of housing for persons with disabilities. The language is identical to that approved by the Department for other certified elements we have prepared. A.6. Language has been added to pages III-29 and III-30 to address the potential at risk units at The Regent. In addition, Program 6.13 was in the original submittal, and directly addresses how the City will facilitate the preservation of these units. The language in the program was provided by the Department for a similar situation in the City of Palm Springs. B. Quantified Objectives: ELI households have been added to Table III-32. C.1. All programs include a timeline. However, a number of programs are designed to be implemented when opportunities arise, and cannot be given specific dates. Those programs use "Ongoing" as the appropriate timeline. The City's role in implementation has been expanded where appropriate. The programs clearly state when City or Redevelopment Agency actions are required. As regards numerical quantification, programs 1.A, 1.13, LC, LD, LF, 1.H, 2.A, 2.13, 3.13, 3.C, and 3.13 all quantify units or acreage specifically relating to the program action. No additional quantification is required. Program 1.C: Program 1.G has been added to describe how the City will facilitate the development of affordable housing. V Mr. Mario Angel November 5,2010 Pagae 4 of 4 Program 3.E: Language has been added which describes how the City will preserve mobile home parks. Program 3.F: Language has been added to describe when and how the City will coordinate with developers and service agencies. Program 5.A: A reference to the description of the CVAG programs has been added to the program. As that discussion is comprehensive, it is not necessary to repeat it in the program. C.2. The element contains a complete sites inventory and analysis. Program LH has been added to address the requirements of Section 65583.2(h) and (i). The language was provided by the Department for a similar situation in Rancho Mirage. Program 5.13: The program has been modified to show a specific timeframe for modification of the zoning ordinance. The language has also been modified to be consistent with the language the Department has approved for other certified elements. C.3. ELI housing has been added to programs LA, 1.13, LC, and I.E. CA. The Element provides a complete analysis of governmental constraints. No additional programs are required, as no governmental constraints were identified. D. The City will forward the Housing Element to the Coachella Valley Water District immediately following adoption, as required by law. E. Language has been added to page III-2 to describe consistency of the Housing Element with the General Plan. We look forward to receiving the Department's approval so that the City can adopt its Element and begin its implementation. If you have any questions, please contact me at 760-320-9040. Sincerely, Nicole Sauviat Cr4tq;�� Principal CC: Lauri Aylaian Ryan Stendell l — 4 TaXICity of Palm Desert t General Plan/Housing Element r HOUSING ELEMENT PURPOSE Providing all residents of Palm Desert with a safe and affordable residence is the ultimate goal of this Element. The Housing Element is designed to guide the City's elected and appointed officials, as well as City staff and the general public, in locating and constructing housing to accommodate all segments of the community. The City has been active in adding to its inventory of affordable housing units in the 1998-2006 planning period, and continues to strive to provide quality housing for all its residents. BACKGROUND The Housing Element works hand in hand with the Land Use Element to balance the land uses available in the City to accommodate future growth. Land use designations are designed to accommodate all types of housing, to allow for the development of single family and multi- family units to meet the needs of the City's residents, now and in the future. The Housing Element includes a description of existing housing types, condition of existing units, overcrowding, overpayment, special housing needs, and the demand for affordable housing in the City. The Element also includes an analysis of the progress made since the drafting of the last Housing Element, and projections of needs for the 2006-2014 planning period. California Law California Government Code requires that every City and County prepare a Housing Element as part of its General Plan. In addition, State law contains specific requirements for the preparation and content of Housing Elements. According to Article 10.6, Section 65580, the Legislature has found that: (1) The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. (2) The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. (3) The provision of housing affordable to low and moderate income households requires the cooperation of all levels of government. (4) Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. (5) The legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and Housing Element III- J TN/City of Palm Desert General Plan/Housing Element a community goals set forth .in the General Plan and to cooperate with other local governments, and the state, in addressing regional housing needs. Section 65581 of the Government Code states that the intent of the Legislature in enacting these requirements is: (1) To assure that local governments recognize their responsibilities in contributing to the attainment of the State housing goal. (2) To assure that cities and counties prepare and implement housing elements which, along with federal and State programs, will move toward attainment of the State housing goal. (3) To recognize that each locality is best capable of determining what efforts are required by it to contribute to the attainment of the State housing goal as well as regional housing needs. (4) To ensure that each local government cooperates with other local governments to address regional housing needs. Government Code Section 65583 outlines the required content of all housing elements including identification and analysis of existing and projected housing needs, and a statement of goals, policies, quantified objectives, and scheduled programs .For the preservation, improvement, and development of housing. Specific requirements include the following: (1) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The analysis should include population and employment trends; documentation of household characteristics; inventory of land suitable for residential development; governmental and other constraints to new housing development; analysis of any special housing needs and an assessment of existing affordable housing developments. (2) A program which sets forth a five-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the objectives of the housing element in order to meet the housing needs of all economic segments of the community. California lacy also requires that the Housing Element be consistent ,Kith the balance of the General Plan. The update of the Element ,Nas considered in the context of the balance of the General Plan. and found to be consistent. Am- future amendment of any portion of the General Plan. including this element. «ill be analyzed to assure internal consistency. Evaluation of Existing Housing Element Policies and Programs Policy 1 The creation of new and the preservation of existing affordable housing projects shall be encouraged in all areas of the City. Housing Element IH-2 TN/City of Palm Desert General Plan/Housing Element Program LA The Agency shall pursue development of 162 rental and 117 ownership units west of Cook Street, between 42nd Avenue and Merle, as an affordable family project. Of the 162 rental units, 154 shall be restricted to very low income households, and 8 shall be restricted to low income households. Responsible Agency: Redevelopment Agency Schedule: 2002-2005 Evaluation: 162 rental units were developed in 2003, consisting of 73 very low income and 89 low income units. The Agency also planned the development of 27 very low and low income senior rental units at the La Rocca Villas project during the previous planning period. The Falcon Crest project will consist of 93 ownership units, 13 of which will be available to low income owners, and 80 of which will be available for moderate income owners. Program LB The Agency shall continue to implement the Self Help Housing program, and shall identify 20 households to be assisted by the program in this planning period. Responsible Agency: Redevelopment Agency Schedule: 2004-2005 Evaluation: There were six lots donated for self-help housing units to be built in the planning period, and 14 additional units are planned and will be constructed in the coming planning period. The Agency will continue to work with agencies such as Habitat for Humanity and Coachella Valley Housing Coalition to identify additional properties where self-help units may be implemented. Program LC The Agency shall continue to subsidize existing affordable housing units in the City, including apartment units it owns now and in the future. Responsible Agency: Redevelopment Agency Schedule: Ongoing Evaluation: The Agency owned 745 units at the beginning of the previous planning period. During the previous planning period, the Agency also acquired, restricted or constructed 420 additional units, including 141 units at California Villas, 48 units at Laguna Palms, 66 units at Country Village, and 30 units at Candlewood. In addition, 15 units at Villas on the Green, 31 units at Canterra, 64 units at the Enclave, 21 units at Emerald Brook and two units each at River Run One and Pacific Assisted Living were realized through density bonus provisions by third parties. Program 1.13 The Agency shall maintain the existing resale restrictions and other subsidies on the Desert Rose project. Responsible Agency: Redevelopment Agency Schedule: Ongoing Housing Element 111-3 TN/City of Palm Desert General Plan/Housing Element a Evaluation: The Desert Rose project continues to be a fully functioning project with income and affordability restrictions in place as they have been since its construction. There are 161 homes in the project, 24 of which are owned by very low income households, 108 by low income households, and 29 by moderate income households. The Agency intends to maintain the affordability of this ownership project through the next planning period and beyond. Program LE The Agency shall maintain ownership of its 745 existing rental housing units in order to assure long term affordability for these projects. Responsible Agency: Redevelopment Agency Schedule: Ongoing Evaluation: The Agency has maintained ownership of the 745 units since the beginning of the previous planning period, and has purchased or constructed additional units. See Program 1.C., above. Policy 2 The City shall continue to strive to meet the State-mandated special shelter needs of large families, female headed households, single parent families, senior citizens, handicapped and homeless individuals and families, and shall consider including units for such households in its projects. Program 2.A The City shall continue to enforce the provisions of the Federal Fair Housing Act. Information on the Fair Housing Act, as well as methods for responding to complaints, shall continue to be available at City Hall in the Director of Housing's office. Responsible Agency: Housing Department, Redevelopment Agency Schedule: Ongoing Evaluation: The City maintains literature at City Hall relating to tenant rights and other Fair Housing Act issues as well as at each of the Agency's rental properties. The Redevelopment Agency also refers complaints to the Fair Housing Council of Riverside County. Program 2.13 The City shall work with the Senior Center and other appropriate agencies in assisting whenever possible in the housing of handicapped residents, through participation by the Redevelopment Agency. Responsible Agency: Redevelopment Agency, Senior Center Schedule: Ongoing Evaluation: The Redevelopment Agency accommodates the Americans with Disabilities Act (ADA) in all its projects, and provides for ADA accessible or adaptable units in its new projects. In addition, privately developed projects are required to meet current ADA standards. Program 2.0 The development of homeless shelters and transitional housing shall be maintained as a conditional use in the R-3 and Planned Residential districts in the Zoning Ordinance. Responsible Agency: Community Development Department Housing Element ❑1-4 TN/City of Palm Desert General Plan/Housing Element Schedule: Ongoing Evaluation: The City is home to a Shelter from the Storm facility which provides 20 two- bedroom transitional units for women and their children. In addition, the City is participating in the regional homelessness program being developed through the Coachella Valley Association of Governments (see Homelessness section, below). The City's Zoning Ordinance continues to allow homeless shelters as a conditional use. Program 2.D The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha's Village and Catholic Charities, to apply to the City for the assignment of CDBG funds for homeless services. Responsible Agency: City Manager's Office Schedule: 2003-04 Evaluation: The City annually receives requests from a number of organizations for assistance through the CDBG program. In the previous planning period, the City provided CDBG funds to organizations such as the Shelter from the Storm, the Fair Housing Council and the Riverside County Department of Social Services for homeless programs. Program 2.E The City shall encourage the acquisition of existing mobile home parks by non-profit agencies or organizations, in order to preserve their affordability. Responsible Agency: Redevelopment Agency, City Manager's Office Schedule: Ongoing Evaluation: The City has not acquired mobile home parks through this program, nor have third party organizations done so. However, during the planning period the City made several efforts to preserve affordability of an existing mobile home parr including the submission of an application to the State of California Water Quality Resources Control Board for sewer conversion grant assistance. The application for grant assistance by the City on behalf of the Indian Springs Mobile Home Park to the State of California Water Quality Resources control board was not selected. Additionally, the City has implemented a mobile home improvement program as part of its Home Improvement Program as well as an ongoing code compliance program to assure that the quality of life within mobile home parks is maintained. This program of maintenance and improvement shall be continued in the current planning period. Policy 3 The City shall continue to utilize resale and rental restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval in order to preserve affordable for sale housing units for the long term. Housing Element 1II-5 TN/City of Palm Desert General Plan/Housing Element y Program 3.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 50 households should be assisted every year. Responsible Agency: Housing Department Schedule: Ongoing Evaluation: The number of Section 8 assisted households varies from year to year in the City, but currently totals about 129 annually. There are currently approximately 35 Section 8 households in Agency owned properties. This program will be ongoing. Program 3.13 Should the Candlewood Apartments opt-out of their HUD contract, the City shall actively participate in the identification of a potential buyer to maintain affordability for this project. The Redevelopment Agency will also assist these organizations in securing financing. Responsible Agency: Redevelopment Agency Schedule: As needed Evaluation: The Candlewood Apartments were purchased by the Redevelopment Agency during the previous planning period, and currently remain affordable to very low (23 units), low (4 units) and moderate (3 units) income senior households. This program was successfully completed and will not be extended to the current planning period. Policy 4 The Redevelopment Agency shall annually allocate funds to eligible projects for review and consideration, in conformance with its Five Year Implementation Plan. Evaluation: The Redevelopment Agency prepares its 5 year Implementation Plan on the State mandated schedule. This Plan requires that the Agency allocate funds for projects through each five year cycle. In addition, the Agency regularly reviews revenues and opportunities, and adjusts future expenditures based on these opportunities. This policy is ongoing. Policy 5 The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Evaluation: The City has not included the deferral or reduction offees in past projects, but has used a variety of means, including density bonus and variations on development standards, to facilitate affordable housing production by private parties. The City Council continues to have the ability to include fee waivers or deferrals for affordable housing projects in the future. Policy 6 The City shall continue to address the needs of the senior population in the development of housing. Program 6.A The City shall maintain the Senior Housing Overlay District and the Second Unit Senior Housing standards in the Zoning Ordinance. Responsible Agency: Community Development Department Housing Element Ill-6 TN/City of Palm Desert General Plan/Housing Element Schedule: Ongoing Evaluation: The City continues to include the Senior Overlay District and Second Unit Senior Housing standards in its Zoning Ordinance. Program 6.13 The Agency shall begin to develop plans for a senior housing project during this planning period. Responsible Agency: Redevelopment Agency, Housing Department Schedule: 2003-04 Evaluation: The Redevelopment Agency planned the La Rocca Villas project during the past planning period, which will provide 27 senior units for very low and low income households. Program 6.0 The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Redevelopment Agency, Community Development Department Schedule: Ongoing Evaluation: The assisted living projects in existence in the City at the beginning of the previous planning period continue to operate in the City. Policy 7 The City shall implement the State's density bonus law. Evaluation: The City implemented the State's density bonus law during the previous planning period to assure compliance with the latest State requirements. This program is ongoing. Policy 8 The City shall encourage the rehabilitation of existing housing units. Program &A The Agency shall annually fund the Single Family Rehabilitation Program, and shall assist 25 households each year. Responsible Agency: Redevelopment Agency, Housing Department Schedule: 2003-04, Ongoing Evaluation: The Agency continues to operate several home improvement programs which include grants and low interest loans. Grants vary in amount from $5,000 to $20,000 depending on household income and type of improvement. Loans are available up to $45,000 depending on household income and type of improvement. Types of improvements range from emergencies, lead and asbestos abatement, and energy efficiency upgrades as well as overall home improvement for health and safety issues. The Agency also maintains a Matching Fund grant program, which matches up to $5,000 for eligible very low, low and moderate income households. No applicant has been denied due to lack offending, and 191 households were assisted in the previous planning period. Housing Element ttt-7 TN/City of Palm Desert General Plan/Housing Element Program 8.B The Agency shall establish and fund a multi-family residential rehabilitation program, and assist 3040 multi-family units during the planning period. Responsible Agency: Redevelopment Agency, Housing Department Schedule: 2003-04 Evaluation: The Agency funded rehabilitation programs for Agency owned properties throughout the previous planning period The Agency has not received or identified rehabilitation requests from private owners which could be funded through this program. As a rule, requests for assistance from privately owned apartment projects have been for purchase of those units, rather than rehabilitation. The Agency acquired California Villas and Country Village Apartments (Formerly market units) during the previous planning period, which the Agency rehabilitated and converted the units to affordable housing. California Villas was substantially rehabilitated and Country Village was undergoing a site analysis for future increased affordable opportunities. The Agency acquired Candlewood Apartments and Laguna Palms in anticipation of the expiration of affordability restrictions. Please see the Existing Housing Projects section for details on these projects. Altogether, these projects provide 285 units of very low, low or moderate income housing in the City. Policy 9 The City shall maintain the Rental Subsidy Program, the Mortgage Subsidy Program and the Homebuyers Program. Evaluation: The Redevelopment Agency maintained a Rent Subsidy Program and assisted families that were overburdened in housing cost or were overcrowded to obtain suitable housing. The Redevelopment Agency has a First Time Homebuyer Program at Desert Rose and Falcon Crest, and other various location throughout the City and has assisted 207 single family homes which have been sold to 45 very low income households, 130 low income households, and 30 moderate income households. These homes all have long term resale restrictions which assure their affordability. Policy 10 Promote the jobs/housing balance through the development of housing with convenient access to commercial land uses, schools, available public transport and employment centers. Evaluation: With adoption of the General Plan in 2004, the City established the University Park Master Plan area, which provides a broad mix of land use designations for an area encompassing 2,230 acres. The University Park is focused on the California State University campus, and includes newly developed office and retail commercial development, and areas for high density residential development. Please see the Land Inventory section below for details on the lands available for housing in this area. Policy 11 Encourage energy conservation through the implementation of new technologies, passive solar site planning and enforcement of building codes. Please also see the Energy and Mineral Resources Element. Housing Element 111-8 TN/City of Palm Desert General Plan/Housing Element Evaluation: Through the Home Improvement Program, the Agency operates two programs for very low, low and moderate income households to promote energy conservation: the Drought Tolerant Landscaping Retrofit Program, which provides loans in the amount of$7,500 at a 3% interest rate for very low, low and moderate income households to convert landscaping to drought tolerant, low water using landscaping; and the Energy Efficiency Upgrade Program, which coordinates available energy efficient conversions with the Energy Management office at the City. In addition, the City has adopted an Energy Conservation Ordinance for the construction of all projects, and includes "Green" improvements in all Agency construction projects to the greatest extent possible. This has included the installation of solar panels at Falcon Crest, La Rocca Villas and Palm Village. Housing Element Qf-9 TN/City of Palm Desert General Plan/Housing Element DEMOGRAPHIC INFORMATION This section provides the demographic background for the residents of Palm Desert. The information is primarily based on 2000 U. S. Census data. Where more current data is available, it has been included in addition to the Census information. REGIONAL SETTING The City of Palm Desert is located in the Coachella Valley, in eastern Riverside County. Riverside County grew from 663,923 in 1980 to 1,110,000 in 1990, an increase of 67%. By the year 2000, the U.S. Census estimated that population in the County had grown to 1,545,387. Since the completion of the Census, the Department of Finance (DOF) has annually estimated population growth. The DOF estimated that in January of 2009, Riverside County had a population of 2,107,653, an increase of 36% over the 2000 population. Historic and Current City Population Palm Desert has also experienced a rapid rate of growth. In 1990, the Census reported a population of 23,252 in the City. From 1990 to 2000, the City's population grew to 41,284, an increase of 77% in ten years, and an average annual increase of just under 6.25%. By 2009, the DOF estimated that the City's population had grown to 51,509 (including population from newly annexed areas), an increase of 24.7% in nine years. The City has grown at a rate slower than that of the County as a whole. Population by Age Group and Ethnicity The Coachella Valley has historically been a retirement area, and Palm Desert is no exception. The City's median age rose from 42.3 in 1990 to 48.0 in 2000. With the continuing aging of America, it is expected that this trend will continue. Table III-14 illustrates the 2000 Census estimates for population by age group. Table III-14 Age Distribution, 2000 Age Number % of Total Under 19 7,744 18.8% 20-34 6,030 14.6% 35-44 5,372 13.0% 45-64 10,728 26.0% 65+ 11,410 27.6% Total 41,284 100% Source: 2000 U.S. Census Table I17-15 lists the ethnic distribution for Palm Desert in 2000. Housin,v Element III-l0 TN/City of Palm Desert General Plan/Housing Element Table III-15 City of Palm Desert Ethnic Characteristics, 2000 Number % of Total White 35,961 87.1% Black 493 1.2% Native American 130 0.3% Asian& Pac. Islanders 1,061 2.6% Other 3,639 8.8% Total 41,284 100% Hispanic 7,031 17.0% Note: the ethnic population numbers may seem distorted because the U.S. Census does not consider Hispanic ancestry to be a race. For this reason, some Hispanics choose to list themselves under the classification for other races. Source: 2000 Census of Population and Housing Household Size and Income The City had a total of 19,370 households in 2000. By 2009, the DOF estimated that there were 23,712 households in the City. Median household income in the City in 1990 was $37,315, slightly higher than the County median income, which stood at $36,000 for the same time period. In 2000, median household income had risen to $48,316. The following Table lists the number of households in each income range in 2000. Table III-16 City Household Income Distribution, 2000 Income No. of HH % of Total Less than $10,000 1,413 6.5% 10,000-14,999 1,043 5.4% 15,000-24,999 2,128 11.0% 25,000-34,999 2,306 11.9% 35,000-49,999 3,111 16.1% 50,00-74,999 3,715 19.2% 75,000-99,999 1,938 10.0% 100,0004149,000 1,919 9.7% $150,000-$199,999 815 4.2% $200,000 + 982 5.1% Total 19,370 100%* Source: 2000 U.S. Census *Differences due to rounding. The Census identified 538 families living below the poverty level in Palm Desert in 2000, of which 158 were female-headed households. Of the total female-headed households, 107 had children. Housing Element III-1l TN/City of Palm Desert General Plan/Housing Element Employment and Major Emplovers The Census data also provided information on employment distribution in 2000. Of a total workforce of 17,384, the largest sectors for employment were retail trade and services. Table III-17 City Employment by Industry,2000 Industry No. of % of Total Employees Agriculture/Forest/Fish/Mining 82 0.5% Construction 1,427 8.2% Manufacturing, Durables 492 2.8% Wholesale Trade 390 2.2% Retail Trade 2,167 12.5% Transportation, warehousing & utilities 530 3.0% Information 372 2.1% Finance, insurance & real estate 1,705 9.8% Professional, scientific, management & administration 1,806 10.4% Educational, health & social services 3,051 17.6% Arts, entertainment, recreation, accommodation& food service 3,760 21.6% Other services (except public administration 992 5.7% Public Administration 610 3.5% Total Employment by Industry 17,384 100% Source: 2000 Census Housing Characteristics The 2000 Census showed a total of 28,071 housing units in the City in 2000, while the DOF estimates that the City has 34,329 housing units in 2009, as demonstrated in Table III-18. Housing Element III-12 TN/City of Palm Desert General Plan/Housing Element Table III-18 City Housing Characteristics Units in Structure 2000* 2009** Single Family, detached 11,120 13,571 Single Family, attached 9,551 9,697 2-4 Units, Multi-family 2,463 2,541 S+Units, Multi-family 3,738 5,208 Mobile homes 1,199 3,312 Total 28,071 34,329 *Source: 2000 US Census **Department of Finance, January 2009 estimates Age of Housing Stock The Census identified a total of 19,299 occupied housing units in 2000. Of these, 7,888 were built before 1980, while 11,411 were less than 20 years old. From 2000 to 2009, an additional 6,258 units were constructed, of which 4,321 are estimated to be occupied. Table I11-19 Age of Occupied Housing Units Year Built No of Units % of Total 2000-2009 4,321 18.3% 1999-2000 372 1.6% 1995-1998 1,292 5.5% 1990-1994 2,416 10.2% 1980-1989 7,331 31.0% 1970-1979 4,343 18.4% 1960-1969 2,351 10.0% 1940-1959 1,106 4.7% Before 1940 88 0.4% Total 23,620 100% Source: 2000 U.S.Census.Department of Finance 2009 Vacancy Status The 2000 Census showed a total of 8,701 of the City's total 28,071 housing units to be vacant, for an overall vacancy rate of 31.2%. Correcting for seasonal or recreational units, which are considered vacant by the Census but are not available or used for permanent occupancy, the vacancy rate decreased to 6.3% in 2000. In 2009, the DOF estimates that 30.94% of the City's housing stock is vacant, which adjusted for seasonality, results in a net vacancy rate of 5.98%. The vacancy rate in the City has remained consistent during the last eight years. Housing Element 111-13 TN/City of Palm Desert General Plan/Housing Element Table I1I-20 Vacancy Status—2000 Unit Type No. of Units % of All Vacant Units For Rent 562 6.4% For Sale 351 4.0% Rented or Sold, not occupied 192 2.2% Seasonal, Recreational or Occasional Use 7,005 79.9% For Migrant Workers 0 0.0% Other Vacant 662 7.5% Total 8,772 100% Source: 2000 Census HousingTenure enure Housing tenure for occupied units only in 2000 is shown in Table 11I-21. Table III-21 Housing Tenure—2000 Unit No. of Units % Owner Occupied 12,964 67.2% Renter Occupied 6,335 32.8% Total 19,299 100% Source: 2000 Census Overcrowding The California Department of Housing and Community Development (HCD) establishes a standard of 1.01 persons per room as the criteria for defining "overcrowded" housing conditions. Overcrowding is one of the specifically identified issues that must be addressed in the Housing Element. Table 1II-22 illustrates the Census estimates for persons per room. The Table illustrates that a total of 977 housing units in Palm Desert were overcrowded in 2000, representing 5.1% of the total occupied housing units in the City. Of the overcrowded units, 678 were renter-occupied, and 299 were owner-occupied. Housing Element 111-14 TN/City of Palm Desert General Plan/Housing Element Table HI-22 Overcrowding, 2000 Persons/Room No, of HH Owner-Occupied Units 0.50 or less 10,938 0.51 to 1.00 1,727 1.01 to 1.50 180 1.51 to 2.00 87 2.01 or more 32 Renter-Occupied Units 0.50 or less 3,830 0.51 to 1.00 1,827 1.01 to 1.50 278 1.51 to 2.00 249 2.01 or more 151 Source: 2000 Census Housing Values The 2000 Census estimated values for owner-occupied single family homes in the City. These are listed in Table III-23. Table 11I-23 Values, Specified Owner-Occupied Housing Units, 2000 Value Number Less than$50,000 86 $50,000 to 99,999 1,056 $100,000 to 149,999 2,714 $150,000 to 199,999 1,982 $200,000 to 299,999 2,554 $300,000 to 499,999 1,743 $500,000 to 999,999 647 $1,000,000 or more 152 Source: 2000 Census The median housing unit value in 2000 was $189,100. For renters, the median contract rent at that time was $744.00. Current housing values and rental rates are further discussed below in the section titled "Economic Constraints". Housing Element 111-l5 TN/City of Palm Desert General Plan/Housing Element EXISTING AFFORDABLE HOUSING PROGRAMS There are a number of projects and programs available ki Palm Desert which provide a variety of services to the City's residents. In addition, regional, state and federal programs can also be accessed within the community. This section of the Housing Element provides a summary of programs available by a number of agencies. City Programs The City's affordable housing programs are provided through its Redevelopment Agency. The Agency maintains a Five Year Implementation Plan which includes an Affordable Housing Strategy & Compliance Plan. The latter provides specific allocations for assistance programs for the period from 2006 through 2014, which are briefly described below. Rental Assistance Program Owners of single-family homes, condominiums, mobile homes or apartments who rent to very low, low, and moderate income tenants may receive direct rental payment assistance from the Agency. The owner must, in exchange for the assistance, enter into a recorded agreement with the Agency assuring affordability of the rental units for 55 years. Acquisition. Rehabilitation and Resale This program allows the Agency to purchase existing market rate single family units, rehabilitate and refurbish them, and re-sell them to lower income households with affordability covenants. The Agency has completed three (3) units through this program. This program is also the funding mechanism established to repurchase single family units that are restricted as affordable in the event a qualified buyer cannot he identified prior to the expiration of the Agency's option to repurchase. The Agency opts to repurchase these units in order to maintain affordability of the unit and currently has five (5) such homes awaiting qualified buyers. Mortgage Assistance Program Very low, low, and moderate income owners of single-family homes, condominiums and mobile homes may receive assistance if their mortgage payment exceeds 30% of their income. Assistance is provided directly by the Redevelopment Agency. In exchange for the assistance, the home owner is required to enter into a recorded agreement with the Agency assuring affordability of the home for 45 years. This program is also the funding mechanism established in order to preserve Indian Springs Mobile Home Park's affordability. The City received a request from the current Owner to convert Indian Springs Mobile Home Park into a resident-owned development. The tentative Tract Map 31862 has been approved and currently the subdivision is pending DRE submission and approval. The City of Palm Desert and the Palm Desert Redevelopment Agency, will offer purchase money financing to certain extremely low, very low and low income households for the purchase of real property during the upcoming planning period. Housing Element IH-16 TN/City of Palm Desert General Plan/Housing Element Homebuyers Assistance Program The Agency will provide assistance to very low, low, and moderate income persons in the form of low interest loans to be applied to down payment, non-recurring closing costs, reduction of the interest rate on the first trust deed, or any other cost associated with the purchase of a home, condominium or mobile home. There are currently 303 homes in this program. Self-Help Housing The City and Agency will assist very low, low and moderate income households in constructing and purchasing their own home on existing lots of record within the City. There are currently 17 contracts with individual households in place for such assistance during this planning period, and funding has been allocated throughout the planning period. During the previous planning period, the Agency also set aside 14 lots for a future self-help development along Merle Drive, and in 2009 completed a Request for Proposals (RFP) for development. No responses were received for the RFP. Staff will revise the RFP to include assistance to the homebuyers for their down payment or closing costs and re-advertise the opportunity. Home Improvement Program The Agency assists very low, low and moderate income households with home repairs by providing grants and low interest loans to program participants. The program has eight (8) components: • The Emergency Grant Component allows up to $7,500 for very low and $5,000 for low income households for emergency repairs to their homes. • The Rehabilitation Grant Component will grant up to $20,000 for home improvements to very low income households. • The Matching Fund Grant Component will match up to $5,000 in home improvements with a homeowner who contributes the same amount or more to the improvements. This grant is available to very low and low income households. • The Rehabilitation Loan Component allows up to $35,000 for active loans and $45,000 for a deferred loan for home improvements to low and moderate income households, respectively. • The Drought Tolerant Landscape Retrofit Loan Component allows up to $7,500 in improvements that intend to reduce the consumption of a natural resource for very low, low and moderate income households. • The Make a Difference Volunteer Assistance Component organizes community involvement through volunteers for very low, low and moderate income households. • The Acquisition, Rehabilitation, Resale Component allows the Agency to acquire properties available on the market for the purpose of rehabilitation and resale to a qualified household. • The Lead and Asbestos Abatement Component will grant $7,500 to remove lead and asbestos from the homes of very low and low income households. Housing Element 111-17 TN/City of Palm Desert General Plan/Housing Element County and Federal Programs There are numerous programs available to provide rental assistance and to encourage the construction of new affordable housing. The following programs are available in the City of Palm Desert: Section 8 Housing Assistance The Riverside County Housing Authority provides HUD Section 8 rental assistance to lower income renters within the City. The Authority annually subsidizes approximately 50 households in the City. Fair Housing Programs The City works with the County of Riverside Fair Housing Chapter to provide anti- discrimination, landlord-tenant mediation, fair housing training and technical assistance, enforcement of housing rights,administrative hearings, home buyer workshops, lead-based paint programs,and other housing related services for City residents. AFFORDABLE HOUSING DEVELOPMENTS The City of Palm Desert Redevelopment Agency purchased 8 housing complexes in 1998 to provide a wide range of housing for lower income residents. Since that time, an additional 7 complexes have either been acquired or constructed by the Agency in the City. Each of these complexes is described below. Agency Owned Family Apartments One Quail Place provides 384 one and two-bedroom apartments available to lower income ranges. There are 279 very low, 81 low, and 18 moderate income households currently living in the complex. Desert Pointe is a 64 one and two-bedroom unit project which currently houses 51 very low- income households, 6 low-income households, and 2 moderate income households. Neighbors Garden Apartments has a total of 24 two-bedroom units, 21 of which are rented by very low-income households, 1 of which are low-income tenants, and I is rented to moderate income tenants. Taos Palms provides 16 two-bedroom units to 6 very low, 9 low and 1 moderate-income households. California Villas is a 141 unit project which provides one bedroom units to 107 very low, 16 low and 9 moderate income households. The complex was acquired in March 2003. Laguna Palms provides 48 units which include 4 studios, 16 one bedroom and 28 two bedroom units to 39 very low income, 7 low income and 1 moderate income tenants. The complex was acquired in July 2003. Housing Element 11I-18 TN/City of Palm Desert General Plan/Housing Element Country Village Apartments was acquired as a 66 studio property and converted to provide 72 senior units, of which 30 are occupied by very low income households, 30 by low income households, and 12 by moderate income households. The complex was acquired in September 2005. Sagecrest Apartments is a 15 unit project which provides two bedroom units to 5 very low, 9 low and 1 moderate income households. The property was acquired in February 2008. Agency Owned Senior Apartments The Pueblos originally provided 15 units. In 2008 the Agency acquired an adjacent property and combined the complexes for a total of 18 one-bedroom, 1 three bedroom unit for a total of 19 units to 15 very low, 3 low and 1 moderate income senior households. Catalina Gardens provides 72 studio and one-bedroom apartments to 62 very low, 6 low, and 3 moderate income senior households. Las Serenas Apartments has 150 one-bedroom units rented to 121 very low-income, 17 low- income, and 6 moderate-income seniors. Candlewaood Apartments provides a total of 30 one and two bedroom units to 26 very low, 3 low and 1 moderate income senior households. Affordable Units Built in the 2006-2014 Planning Period Palm Village Apartments provides 36 two bedroom units for 29 very low, 5 low and 2 moderate income household. The project consists of new construction, and was completed in November 2007. La Rocca Villas provides 27 one bedroom units for 21 very low and 6 low income senior households. The project was newly constructed, and opened in November of 2007. Affordable Ownership Projects Desert Rose, a 161 unit single-family project, was developed in 1996. The units are restricted for a period of 30 years to purchasers in the very low, low, and moderate-income categories. The project includes 25 very low income, 100 low-income and 36 moderate-income households. Facilities within the project include community recreation and daycare. The Rebecca Road and San Marino Homes were part of the Acquisition Rehabilitation Resale program. Three single-family homes were rehabilitation and resold with resale restrictions for low and moderate income households. Housing Element Ill-19 TTUCity of Palm Desert General Plan/Housing Element Coachella Valley Housing Coalition constructed a total of 11 self-help homes restricted to very low and low income households, that purchased the homes through low interest loans and sweat- equity programs. Habitat for Humanity constructed 6 single-family homes, which are restricted to very low- income households, that were purchased through low interest loans and sweat-equity programs. Building Horizons homes were built as part of a vocational high school program, and provide 2 single-family homes for low-income households, with 30--year resale restrictions. Falcon Crest provides 93 single family homes for 13 low and 80 moderate income households. The project includes resale restrictions for a 45 year time period. Portola Palms Mobile Home Park includes 23 mobile homeowners, 16 of which are very low income, and 7 of which are low income. The project includes resale restrictions for 30 years. Other Affordable Projects The Regent (formerly Sevilla or San Tropez) Apartments has 512 one and two-bedroom units, 103 of which must be restricted to low income households, in exchange for participation in the City's Density Bonus Program. The balance of the units are available to market households. Hovley Gardens is a private project which received Agency assistance and tax credits, and constructed 162 two, three and four bedroom rental units available to very low and low income households. The project was completed in 2003. Canterra, which consists of a total of 306 units, includes 31 units affordable to very low and low income tenants. The units were created through the City's density bonus program. The Agency hopes to double the number of affordable units within this project during this planning period (please see the policies and programs below). Villas on the Green, which consists of a total of 76 units, includes 15 studio and one bedroom units for persons over 55 years of age in the very low, low and moderate income categories. The units were created through the City's density bonus program. The Enclave, which consists of a total of 320 units, includes 64 one, two, and three bedroom units reserved for very low, low and moderate income households. The units were created through the City's density bonus program. The Vineyards, which consists of a total of 260 units, includes 52 one and two bedroom units reserved for for very low, low and moderate income households. The units were created through the City's density bonus program and the Agency has an option to purchase affordability of an additional 51 units in the future. Housing Element 111-20 TN/City of Palm Desert General Plan/Housing Element The City has also conditioned projects to provide affordable units within otherwise unrestricted projects, resulting in a total of 27 additional units affordable to very low, low and moderate income households throughout the City. Summary of Affordable Housing Developments The Agency owns and operates 1,111 multi-family housing units, and 481 units are owned and operated by third parties. There are an additional 303 ownership units for very low, low and moderate income households. CONSTRAINTS TO THE DEVELOPMENT OF HOUSING This section of the Housing Element analyzes the governmental, environmental, physical and economic constraints associated with the development of housing. These constraints can take many forms, but generally increase the cost of providing housing, which can have a potentially significant impact on affordable housing development. Governmental Constraints Permit Processing Palm Desert has historically provided expeditious processing for planning entitlements. The City encourages the concurrent processing of applications, and can complete the entitlement process on most projects in three to six months, depending on the approving body and the complexity of the application. The City requires tract map review and approval for all single family home tracts and a precise plan for multi-family proiects both of which can be processed concurrently with any other permit that might be required. For either,the review process is a simple analysis that assures that the project's desion meets the requirements of the zone in which it occurs Al2plications when complete, are circulated to other City departments for comments. The project will then be reviewed by the Architectural Review Committee, and approved by the Planning Commission. Public notice and mailings are made 10 days prior to a public hearing The findings needed for approval of either a tract map or precise plan pertain to the Qroject's consistency with State law-, the General Plan and Zoning Ordinance: public health and safety: and the site's physical ability to accommodate the project. The average processing time for a typical application is 4 to 6 months, which is generally consistent with most Valley cities, and does not represent a constraint. Individual single family homes do not require a public hearing, and are approved by the Planning Department as part of the usual building plan checking process. The City's processes are not a constraint to the provision of affordable housing. Application Fees According to a Rose Institute study for the year 2007, Palm Desert's planning application and permit fees are the lowest of the Coachella Valley cities, and do not represent a constraint on the provision of affordable housing.Table III-24, below, illustrates typical permit fees. Housing,Element I11-21 TN/City of Palm Desert General Plan/Housing Element Table III-24 City of Palm Desert Planning Department Fees Permit Type Fee General Plan Amendment/Change of Zone 1,230.00 Architectural Review(single family) 168.00 Conditional Use Permit or Precise Plan 2,915.00 Environmental Assessment 158.00 Tentative Tract Map 2,915.00 Parcel Map 950.00 Source:City of Palm Desert 2008 General Plan and Zoning Ordinance Constraints The residential districts of the Land Use Element allow a broad range of densities for all types of development. The Low Density Residential category allows 0 to 4 units per acre; the Medium Density Residential designation allows 4 to 10 units per acre; and the High Density Residential designation allows 10 to 22 units per acre. The Land Use designations also include a High Density Overlay, which was specially created for University Park. This overlay has been placed on all land designated Medium Density Residential in the University Park area. This overlay allows these lands to be developed at High Density Residential densities. The City's Zoning designations parallel the General Plan, and include R-1, which allows up to 5 units per acre; the R-2 zone which allows up to 10 units per acre; R-3, which allows 17 units per acre; and the PR zone, which allows up to 25 units per acre for affordable housing projects. The Zoning Ordinance also includes density bonus provisions, the second unit standards, and a Senior Housing Overlay, which allows maximum flexibility in density because no density limit is specified, and each project is evaluated on its merits. The development standards in the Zoning Ordinance are also not restrictive, as shown in Table III-25, below. Housing Element ❑1-22 TN/City of Palm Desert General Plan/Housing Element Table III-25 Minimum Development Standards for Residential Zones Standard R-1 R-2 R-3 PR Units per Acre 5 10 17 18-22 Lot Area 8,000 sq. ft. 8,000 sq. Ft. 10,000 sq. Ft. 2,500 s.f. Lot Width 70 feet 70 feet 90 feet 250 feet* Lot Depth n/a 100 feet 100 feet n/a Building Lot Coverage 35% 50% 50% 40% Common Area N/A N/A 300 s.f/unit 40% Building Height 1 story/18 feet 22 feet 22 feet 24 feet Parking Required 2 spaces/unit l bdrm 1 space/unit 1 space/unit 1 space/unit or more bdrms 2 spaces/unit 2 maces/unit 2 spaces/unit Source:City of Palm Desert Zoning Ordinance Lot width for proieet,not per unit. The City's development standards allow for two story development typical of all desert cities. Common area requirements in the R-3 and PR zones are also typical of desert cities. and allow for clustering of units to allow for common area amenities. Even with imposition of the City's development standards. and assuming a unit size of 1.000 square feet. with two parking spaces per unit and 40% open space. densities in excess of 22 units per acre could be achieved. The City's development standards are not a constraint on the development of housing. Infrastructure Requirements Most of the City is served by General Plan roads, water and sanitary sewer facilities. Individual development projects are required to connect to water and sewer facilities, and are also required to improve roadways in and adjacent to the project. Adjacent roadways must be improved to their ultimate half width, and include curb, gutter and sidewalk. Roadway standards for local or neighborhood streets that allow parking on both sides must have a paved width of 40 feet. The City will also allow deviations to these standards, including the narrowing of streets if on-street parking is restricted. Pursuant to SB 1087. the Coachella Valle+Water District will be provided the adopted Housing Element and will be required to establish specific procedures to O.rant priority service to affordable projects As water and sewer services are installed in most neighborhoods in the City. the Citv's water and sewer provider will not be constrained in providing services in the Cites The Coachella Vallev Water District has an approved Urban Water Management Plan. which was developed based on the City's General Plan build out which states that they have sufficient supplies available to meet the City's built out demands. Public Works Fees Table III-26 depicts the City's Public Works fees, which include those fees associated with site preparation and infrastructure. Housing Element 111-23 TN/City of Palm Desert General Plan/Housing Element Table III-26 Public Works Fees Grading Plan Check (per plan) $775.00 1513 acres $310/acre ea. add. acre Subdivision Plan Check $1,550 up to 8 lots; $78/lot each add. SWPPP/NPDES Plan Check $137.00/acre PM10 Plan $258.00 /2 Street Improvement Plan Check $1,500.00/1000 LF Storm Drain Plan Check $1,290,00/1000 LF Signing and Striping Plan Check $882.00 Traffic Signal Plan Check $1,176.00 Faithful Performance Bonds 100% of Public Improvements Labor &materials ''/z FPB 25% of Grading Signalization Impact Fee $50.00/unit Drainage Impact Fee $1,000-$1,500/ac. (based on location) MSHCP Fee 8-14 d.u./acre $533 14+d.u./acre$235 WQMP Fee $2,000 deposit Because individual projects vary greatly, it is not possible to determine an average cost per unit based on Public Works fees, however, the limited impact fees charged by the City make it one of the less costly in the Coachella Valley in which to develop. These fees are not a constraint on the development of affordable housing. Building Code Requirements As with most communities in California, the City has adopted the California Building Code (CBC), and updates the Code periodically as State-wide updates are developed. Currently (2010), the City is enforcing the provisions of the 2001 CBC, The City cannot adopt standards that are less stringent than the CBC. The only local amendments made by the Citv are administrative. and relate to the timing of payment of fees These amendments have no impact on the provision of affordable housing. Since all communities in the State enforce similar provisions, the City's CBC requirements are not an undue constraint on the development of affordable housing. Building Permit Fees The Building Department charges on a per square foot basis for building permit plan checks and inspections. For single family homes, the architectural and structural charge is $0.33 per square foot for plan check, and $1.10 per square foot for inspection. For multi-family residential units, the architectural and structural plan check fee is $0.28 per square foot for projects less than 15,000 square feet, and $0.25 per square foot for project of more than 15,000 square feet. Inspection fees are $0.35 per square foot for the smaller projects, and $0.29 per square foot for the larger projects. In all cases, whether single family or multi-family, additional charges apply for plumbing and electrical inspections. Housing Element III-24 TN/City of Palm Desert General Plan/Housing Element In addition to the City's fees, residential developers are responsible for the payment of the State mandated school fees, as well as connection and/or metering fees for public utilities. These fees vary somewhat from one provider to the next, but since many of the utilities in the Coachella Valley serve all the cities, the fees are consistent throughout the area. Policy 6 of this Housing Element allows the City Council to waive fees for affordable housing projects on a case by case basis. Code compliance for structural deficiencies or maintenance problems is processed as follows: A phone call and/or a site visit is made to inspect the reported problem and discuss correction of deficiencies with the owner. In most instances. this is sufficient to cause the violation to be corrected by the property owner. If the violation is not corrected. a notice is sent to the owner. ie vine the owner 20 days to correct the violation. The City has the ability to directly abate a violation. if the owner is unwilline or cannot be located. All costs associated with abatement are billed to the property owner. If the owner is unwilline to pay. a lien is placed on the property. These procedures are typical of those emploved by most cities in California. and do not place an un-due constraint on the development or maintenance of housing. Economic Constraints Economic constraints are those associated with the cost of land and construction, and the ability to finance any housing, ranging from single family homes to larger apartment or condominium projects. The cost of land varies somewhat from City to City in the Coachella Valley, but the cost of construction, and the ability of homes and projects to financed, is regional in nature. Land and Housinna Costs During the recent economic boom, land costs rose significantly throughout California. The cost of land has the potential to impact the overall cost of housing. Finished lots in Palm Desert can cost from $50,000 to over $200,000, depending primarily on location. Infill lots in the southern portion of the City are most difficult to find, as the City's core is mostly built out. The median cost of existing single family homes in Palm Desert has been significantly affected by the current economic downturn, standing at $253,519 for new homes, and $307,232 for existing homes in the second quarter of 2009. The median price of new homes in the second quarter of 2007 was $420,000 for new homes, and$454,064 for existing homes. Therefore, home prices have dropped 36% in two years. The 2000 Census identified that the median rental rate in the City in 2000 was $735. In order to update this information to current (2010) conditions, representative rental rates for non- subsidized apartments were collected, and are provided in Table III-27, below. Housing Element 111-25 TN/City of Palm Desert General Plan/Housing Element ` I Table III-27 Representative Apartment Market Rental Rates in Palm Desert, 2010 Project Name Unit Size Market Rental Rate The Regent 1 & 2 Bdrm $845-$1,450 Desert Fountains Studio & 1 Bdrm $720-$899 Desert Oasis Studio, 1, 2 & 3 Bdrnt $630-$1,479 The Enclave 1,2 &3 Bdrm $990-$1,580 The Vineyards 12& 3 Bdrm $925-$1,750 Royal Palms 2 Bdrm $895 Construction Costs Construction costs have been similarly affected by current economic conditions. Single family construction costs range from $95 to over $200 per square foot (excluding site improvements), varying based on the size of the home and the materials selected. Multi-family construction costs generally range from $90 to $150 per square foot. Financing Costs The cost of financing can also impact the development community's ability to fund projects. The current mortgage crisis has made single family loans extremely difficult to secure. Although this condition is not expected to continue through the entire planning period, the duration of the current economic downturn could impact the ability of developers to fund and construct affordable housing in the City. Physical Constraints Age of Housing Stock The City's housing stock is relatively new. As shown in Table ITI-19, above, 7,888 existing housing units in the City are over 30 years old, representing 34% of the housing stock. Maintenance in the City is not a significant issue, however, and the Redevelopment Agency has programs in place to assist lower income households with home repairs and improvements. Condition of Housing Stock The Code Enforcement Department responded to 68 complaints or inquiries for dangerous buildings in 2009. This is reflective of the number of units requiring rehabilitation. In addition. as described in the Evaluation section above. 191 households were assisted through the Cit<'s Rehabilitation Program in the period from 1998 to 2005. or an average of 23 units annually. Environmental Constraints The City is identified as Zone III and IV in the Uniform Building Code for seismic activity. The UBC imposes certain standards for construction in these zones, which may add to the overall costs of housing. These standards, however, are necessary for the public health and safety, and are common throughout the Coachella Valley and California. None of the proposed sites occur on lands designated as Alquist Priolo Earthquake Fault Zones by the State. There are no active Housing Element 111-26 TN/City of Palm Desert General Plan/Housing Element faults on any of the sites proposed for development of affordable housing units in the City. The standards required to protect the City's residents from seismic hazards are not considered a constraint to the provision of housing. Energy Conservation In addition to the requirements of Title 24 of the Building Code, the City has enacted additional energy efficiency requirements, water conserving landscaping requirements, and has a number of energy conservation programs for residents. Although the cost of installation of energy efficient, "green" or similar products in a home or apartment may increase the initial cost, the affordable housing providers who participated in the City's workshops for this Housing Element clearly indicated that the cost differential was becoming smaller as technologies improved; and that the long term benefit to the home owners or renters was worth the added initial expense. These developers, and the City's Redevelopment Agency, implement energy conserving construction to the greatest extent possible in their projects. Housing Element III-V TN/City of Palm Desert General Plan/Housing Element HOUSING NEEDS SPECIAL HOUSING NEEDS This section of the Housing Element quantifies households with special needs such as farmworkers, the homeless and the elderly living in the City. These households can have housing needs which may be more difficult to address, and which require special attention. Farm Workers In 2000, there were 22 persons employed in "farming, fishing, and forestry" in the City, down from over 200 in 1990. The City's continued urbanization has eliminated farming activities in the City. Agricultural activities are focused on the east end of the Coachella Valley. As such Palm Desert is not an employment center for agriculture. Homeless The Riverside County Department of Public Social Services completed a homeless count in 2009 for all cities in the County. That effort identified 38 homeless persons in Palm Desert. A number of organizations provide services to the homeless throughout the Coachella Valley. In addition, Shelter From the Storm, which operates battered women's shelters in several cities in the Valley, operated a transitional facility in the City for 20 women and their children. The City is also participating in the Coachella Valley Association of Governments' (CVAG) Homelessness Strategic Plan, which has established a regional shelter for 125 homeless persons. The shelter will also provide a central location for service providers to assist with transportation, health care, mental health services, child care, and other social services. The Strategic Plan also includes goals to establish 225 emergency shelter beds (doubling the current size), 225 transitional housing units, 200 supportive housing units and 200 rental units in the western Coachella Valley by 2010. The City permits homeless shelters as Conditional Uses in the R-2 and PRD Zones. This is no longer consistent with state law, and a program has been added which requires amendment of the Zoning Ordinance to allow homeless shelters by right in the Industrial zone.There are 168 acres of serviced, vacant land in this zone in the City. The Industrial zone is appropriate for such facilities because these lands are located on transit lines, near commercial and school sites, and in areas where other governmental services are available. Similarly,the City's Zoning Ordinance does not define or include single room occupancy facilities or transitional housing, and the program includes the modifications required to assure compliance with the law. The Elderly In 2000, the City had 11,339 persons over the age of 65, representing 27.6% of the population. These seniors were in a total of 7,356 households. The Census further indicated that there were 6,176 owner-occupied senior housing units, and 1,661 renter-occupied housing units. There are six senior apartment projects in the City which are owned by the Agency, providing 308 units for very low, low and moderate income senior households. Nursing care facilities in Housing Element 111-28 TN/City of Palm Desert General Plan/Housing Element + the City include the Carlotta, with 192 beds; Manorcare Health Services, with 178 beds; and Monterey Palms, with 99 beds. Persons with Disabilities The 2000 Census identified 7,833 persons in the City with disabilities, of which 3,505 were persons over the age of 65. The California Building Code requires that all new multi-family construction include a percentage of units accessible to persons with disabilities. The City of Palm Desert Building Department requires compliance with these standards as part of the Building Permit review and inspection process. The City's affordable housing projects include units for persons with disabilities. The Citv adheres to State guidelines regarding handicapped access and promotes the use of principles of architectural design that aid the disabled. The Americans with Disabilities Act requires all new multi-family construction to include a percentage of units be accessible to persons with disabilities The City monitors and requires compliance with these standards as part of the building permit review. issuance. and inspection process. The City imposes no special requirements or prohibitions on the development of housing for persons with disabilities beyond the requirements of the Americans with Disabilities Act. There is no concentration restriction for residential care homes. State and federal law does not permit the City to regulate group homes of 6 or fewer residents Group homes of 7 or more residents are permitted, with approval of a conditional use permit, in the R3 zone. Large Families The 2000 Census indicates there were 1,052 households with five or more persons in the City. The Census further indicated that 589 of these households lived in owner-occupied housing units, and 463 lived in renter occupied housing units. The Census also identified a total of 1,879 housing units with 4 or more bedrooms. The stakeholders' workshop conducted in February 2008 in preparation for this Housing Element update revealed that local affordable housing providers, including the Coachella Valley Housing Coalition, are finding that the need for larger units, although not eliminated, has been reduced in recent years. A drop in the number of children per family, and an attitudinal change in multi- generational living were theorized to be the reasons for the lower demand for these units. Single-Parent Families 1,165 single-parent families resided in the City in 2000, 328 of which were composed of a male head of household, and 837 of which had a female head of household. Affordable Units at Risk The Regent Palm Desert apartments, formerly the Sevilla or Saint Tropez apartments, located at 73373 Country Club Drive. include 103 units restricted to low income households. The project is not aue-restricted. This project, privately owned, is at risk of eliminating the affordability restrictions in 2016. The project received a density bonus in exchange for affordability covenants. The City has been in discussion with the owner of the project, and will make every effort to assure the long term affordability of these 103 units. Housing Element 111-29 TN/City of Palm Desert General PlanlHousing Element Maintenance of the at-risk housing units as affordable will depend largely on market conditions. the status of HUD renewals of Section 8 contracts. and the attractiveness of financial incentives. if warranted. The cost to replace the 103 units will vary based on the timing of replacement and the economic conditions in the region. The Building Industry Association estimates that new multiple-family projects cost $l25 to $130 per square foot. Using the average square footages of 1.000 square feet. the building replacement cost would be $13.4 million dollars. Perhaps the most effective means for preserving affordable units at risk of conversion to market rates units would be the transfer of ownership. A nonprofit housing corporation could purchase the project, rehabilitate it using Low Income Housing Tax Credits, and then extend the affordability controls. The City could, if desired. facilitate this effort through a reduction in building. permit fees, impact fees. or other indirect assistance. Riverside County Income Limits Income limits for affordability are established annually on a regional basis by the Department of Housing and Community Development. Table III-28 provides the current (2009) income limits applicable in Palm Desert. The median household income for a family of four in 2009 is $64,500. Table III-28 Riverside C nty Housing Program Income Limits 2009 Number of Persons in Family Income Category 1 2 3 4 Extremely Low $14,000 $16,000 $18,000 $20,000 Very low $23,300 $26,650 $29,950 $33,300 Low $37,300 $42,650 $47,950 $53,300 Moderate $54200 $61,900 $69,650 $77,400 Median $45,150 351,600 $58,050 $64,500 Source: HUD and HCD 2009 Households Overpavinp for Housing When a household pays more than 30% of its income toward its housing expenses, it is considered to be over-paying. The 2000 CHAS Databook identifies the following households overpaying for housing: Housing Element 111-30 TN/City of Palm Desert General Plan/Housing Element Table III-29 Over ayment by Income Level 2000 Household Type Low Very Low Extremely Income Income Low Income Total Renter Occupied 1305 &4_ Z43 Elderly renters 335 380 295 Small family renters 360 237 188 Large family renters 85 57 35 All Other 525 130 425 Total Owner Occupied 1330 2M M Elderly owners 805 440 415 Small family owners 200 90 145 Large family owners 105 35 55 All Other 220 155 135 The Databook further indicates that in 2000. 40.4% of renters were Paving more than 30% of their household income for housing. and 33.5% of owners were paving more than 30% of their household income for housing. Affordability of Housing In order to determine the level of affordability for market housing in Palm Desert, a comparison of for-sale and for-rent market housing was undertaken. Table III-30 illustrates that the moderate income household of 4 in Palm Desert is able to find rental housing well within its ability to pay, but falls $83 per month short in being able to afford to purchase a median priced home. The Table demonstrates that both rental and purchase units are affordable to moderate income households in the City. Table HI-30 Affordability of Housing 2010 Type of Housing Cost Ownership Rental Median Single Family $280,000 N/A Purchase Price Median Mortgage Costs $1400 N/A (PITI) Rental Rate N/A $1,150 30% of Moderate $1,613 $1,613 Household Income Affordability Gap $213 $463 Housing Element Ill-31 TN/City of Palm Desert General Plan/Housing Element Regional Housing Needs Allocation The State and Southern California Association of Governments develop housing allocations for each Housing Element planning period. For the 2006-2014 planning period, Palm Desert's share of the Regional Housing Needs Allocation(RHNA) is: Table III-31 RHNA by Income Category, 2006-2014 Units Extremely Low 553 Very Low Income 552 Low Income 759 Moderate Income 847 Above Moderate Income 1,875 Total Units Needed 4,586 Quantified Objectives Table H! 32 Table III-32 uantified Objectives Matrix. 2006-2014 Income Category Extremely Very Low Low Moderate High Total Low New Construction 553 552 759 847 1,875 4,586 Rehabilitation' 50 54-00 100 150 0 350 Conservation 10 12-0 20 20 0 60 'Includes 350 market units to be purchased rehabilitated and converted to affordable housing units by the Redevelopment Aeencv. and _-.a . _.,.. cr._d..�.i_ . units b.� iig Housing Element III-32 TN/City of Palm Desert General Plan/Housing Element LAND INVENTORY Since preparation of the 1998-2006 Housing Element, State law has changed to require specific analysis, on a parcel level basis, of lands available for the development of housing in the City. The City's Regional Housing Needs Assessment for 2006-2014 estimates that a total of 4,586 housing units will be built in the City. Of these, 1,875 are expected to be constructed for those of above moderate income, and 847 for moderate income households. These units are expected to be market-driven, and constructed in the single family homes traditionally built in the City. The remaining 1,864 housing units are to be provided for those of extremely low, very low, and low incomes. Land in the southern portion of the City is mostly built out, with only inlill development opportunities available at higher densities. The Land Use Element includes the University Park area, which is designed to accommodate this higher density. Table III-33 lists the available vacant lands in the City by Assessor's Parcel Number, provides the size of each parcel, and the potential number of units that could be developed on that parcel. It must be noted that the General Plan land use designations applied in 2004 have not been reflected to the Zoning Map. As a result, parcels shown in the Table as PC (Planned Commercial), are designated Medium Density/High Density Overlay in the General Plan, and will require Zoning Map amendments. The requirement for Zoning Map amendments is provided in the policies and programs of this Element. Lands provided in the inventory have been calculated at a density of 15 to 20 units per acre It is planned that the properties to be re-zoned will be changed to Planned Residential. or its equivalent. which allows up to 22 units per acre. Assuming an average unit size of 1,000 square feet.28 units per acre can be achieved with 2 stoU buildings, which is the current height limit in the PR zone. This also assumes common area open space in compliance with Zoning requirements, and surface parking As this zone allows building coverage of 40% there is more than sufficient space to accommodate the density assumed in the inventory. The vacant lands in the northern section of the City where most of the City's affordable housing need is proposed to be met are for sale in the range of 5170 000 tp S 340,000 per acre At a density of 15 units per acre, land costs are therefore expected to be between $1 1.350 and $22.650 per unit Three recently completed affordable housing projects in Palm Desert had construction costs ranging from $136450 to 5211 150 per unit Therefore total construction cost in Palm Desert at a typical density of 15 units per acre will range from $147,800 to 233,800 per unit. Proiects in this cost range can be funded when including HOME funds tax credit funds or other programs and built at a density of 15 units per acre Most importantly the affordable housing community has indicated that projects above this range are not marketable insofar as more dense projects cannot be built and include the amenities and common areas that make a project a liveable community for the families who are looking for rental units. The Coachella Valley Housing Coalition and Palm Desert Development. who attended the City's workshops, clearly stated that they will not plan projects at densities over 16 units per acre since the higher densities do not allow them to create communities that they can lease, because they cannot provide the services and amenities that create a healthv living environment. Housing Element 111-33 TN/City of Palm Desert General Plan/Housing Element Table III-33 , Invento of Available Vacant Lands Inventory d Assessor's Parcel No. General Size (Acres) Potential Plan/Zone Units 694-130-017 D R-M. R-HO PC* 10.21 176 694-130-021 G R-M.R-HO/PC* 24.16 200 694-130-018 D R-M. R-HO1PC* 3.48 72 694-190-008 (H) MU/PC* 15 of29.36 160 694-200-014(1) R-M. R-HQ, 11.46 194 MU,PC* 694-130-012 E R-M R-HO;PR-5 33.71 235 694-130-003 F R- R-HOTC* 18.92 302 685-010-005 A C-R'PC* 4-330 432 694-310-001 &005 B C-R%PR-5 35 520 694-120-012 C 1-BP;PC* 10 200 627-273-018 R-MIR-3 0.3 7 627-273-005 R-MR-3 0.3 7 625-171-001 R-M,R-3 0.3 7 627-121-044 R-H%R-3 0.25 6 627-121-045 R-H!R-3 0.25 6 627-301-022 R-H/R-3 0.31 7 627-153-007 R-H/R-3 0.22 5 627-101-033, -038.-039,-002,-017 R-lot/OP* 1.64 22 627-041-010 through 013, -29,031 -033 R-MOP*and R-2 1.20 19 627-051-002 R-M.!R-2 0.16 2 627-031-030 RM/R-2 0.17 2 627-052-006 R-MiR-2 0.17 2 627-052-031 R-M/R-2 0.16 2 627-052-033 R-MIR-2 0.16 2 627-084-001 R-M/R-2 0.22 2 627-084-003 R-M/R-2 0.19 2 627-182-004 R- VR-1 0.20 1 627-182-005 R-H,R-1 0.20 1 627-182-006 R-HfR-1 0.17 1 627-351-042 R-M;R-2 0.20 2 627-351-019 R-MrR-1 0.17 1 625-224-001 R-M;R-1 0.19 1 625-126-009 R-H/R-3 0.14 2 625-061-018 R-M.R-1 0.15 1 625-021-008 R-MR-1 0.19 1 625-031-011 R- I/R-1 2.20 1 625-032-011 R-MR-1 0.21 1 624-241-008 R-MR-I 0.12 1 Total Units f 2,605 *Requires re-zoning. Property designated Office Professional or Medium Density Residential/ High Density Overlay in General Plan As shown in the inventory, approximately 2,605 units could be constructed on lands which are currently available for multiple family residential development. In addition to the vacant lands Housing Element Ill-34 TN/City of Palm Desert General Plan/Housing Element included above, the Redevelopment Agency currently has commitments for an additional 103 units at the Vineyards project, located at the northwest corner of Frank Sinatra Drive and Cook Street, as well as 21 additional units at Emerald Brook,located on the north side of Frank Sinatra Drive, west of El Dorado; and 31 units at the existing Canterra project; and has produced 88 units between June of 2006 and June of 2008, in this planning period (see Existing Housing Projects,below).The City therefore has capacity to accommodate 2,848 units, and a RHNA need of 1864 units for low, very low and extremely low income households. The City therefore has capacity for 984 units more than its RHNA need in these income categories. Specifically the following units their status in the planning and/or construction process and the anticipated financing if known. are described below (these descriptions match the units described in Programs LA, LB and I.C): 31 units at Canterra Phase Il: The project is approved. and a Development Agreement is in place with a private developer. That developer will secure funding The project is inactive due to economic conditions. • 21 units at Emerald Brook: The proiect developer has secured entitlements. The developer will secure funding. The project is inactive due to economic conditions. • 200 units at Dinah Shore and Portola: The property is owned by the Redevelopment Agency. The Agency will consider Agency funding. or a partnership with a private developer or non-profit organization in the development of the site. • 72 units at Carlos Ortega Villas: The property is Agency owned. The Agency is currently undertaking project design. The project will be Agency funded. • 16 units at Sagecrest Apartments: The property is Agency owned. The Agency will demolish the existing market rate project and rebuild with Agency funds. • 520 units that will include sinele familv for-sale and multi-familv for rent units at Gerald Ford Drive and Portola• The property is owned by the Redevelopment Agency. The Agencv will consider Agency funding. or a partnership with a private developer or non- profit organization in the development of the site. • an additional 51 units at the Vinevards• The units are built market rate apartments. The Agencv has an agreement with the developer to purchase affordability covenants • 432 units at Kev Largo: The property is privately owned. The developer may request Agency funding for a part of the project The project is inactive due to economic conditions. • 194 units at Frank Sinatra and Cook Street: The property is privately owned. The Property owner will secure financing The project is inactive due to economic conditions. Approximately 302 units at Dinah Shore and 350' Avenue (southeast corner): The pro ep rtv is privately owned The property owner will secure financing The project is inactive due to economic conditions. • 52 units at Frank Sinatra and Cook Street ("The Vinevards` / northwest corner): The project is complete and occupied (2010). As manv of these sites are larger. Program 1 G has been provided to encourage the subdivision of these sites to facilitate multi-family development. Housing Element III-35 I TN/City of Palm Desert General Plan/Housing Element Finally, the Redevelopment Agency continues to identify and purchase existing market rate apartment projects for conversion to affordable housing units (See Redevelopment Agency Funding section, below), and anticipates the purchase and conversion of 350 units during this planning period. Therefore, this Element identifies available lands or commitments and existing projects totaling 3,095 units or more, which is more than sufficient to accommodate the very low and low income units assigned to the City in the RHNA for 200E-2014. Housing Element 111-36 TN/City of Palm Desert General Plan/Housing Element REDEVELOPMENT AGENCY FUNDING In order to achieve the units identified in the RHNA, and assure that the lands shown in the Table III-33 are developed, Redevelopment Agency participation will be necessary. As part of this Housing Element update, the Agency prepared projections of revenue and expenses for the period from 2006 through 2014. The Agency receives approximately $16 million annually in housing set aside funds. The projections are provided in Table III-34, below The projects shown in the Table reflect the City's current Implementation Plan allocations for the short term. The estimates shown for 2011 through 2014 are estimates based on projected revenues, and may change based on actual revenues and Agency Board allocations and priorities, and upon the specific projects submitted for consideration. Programs include: Acquisition, Rehab & Resale, Home Improvement Program, Home Buyer Assistance Program, Rental Assistance Program, Self Help Housing, Mortgage Assistance Program, Multi-Family Assistance Program, and Costs to Maintain Affordability. Housing Element I(I-37 TN/City of Palm Desert General Plan/Housing Element Table 111-34 Redevelopment Agency Funding CASH BONDS Revenue Expenditures Revenue Expenditures Beginning Balance 21,004,163 4,405,871 2006 11,055,874 Programs(]) 1,028,012 Capital Improvements(2) 6,804,853 3,899,330 Acquisitions(3) 4,614,027 Owner Assisted Subsidies(4) 2007 16,740,186 49,231,539 Programs(`) 279,610 Capital Improvements('-) 3,662,650 8,960,064 Acquisitions(3) 5,153,978 Owner Assisted Subsidies(4) 809,559 2008 25,559,485 Programs(i) 139,141 Capital Improvements(') 19,664,349 7,488,269 Acquisitions(3) 1,667,148 Owner Assisted Subsidies(4) 2,418,442 2009 9,126,762 Programs])) 338,272 Capital Improvements(2) 2,507,613 3,261,281 Acquisitions(3) 2,403,369 Owner Assisted Subsidies(4) 2010 (s) (10,813,184) Programsa) 2,219,033 Capital Improvements(2) 803,971 Acquisitions(;) Owner Assisted Subsidies(4) 2011 7,017,367 Programs(l) 2,703,701 Capital lmprovements(2) 950,000 20,000,000 Acquisitions(3) 1,844,631 Owner Assisted Subsidies(4) 16,233,941 Housing Element 111-38 TNICity of Palm Desert General Plan/Housing Element 2012 4,644,299 40,000,000 Programs(') 911,000 Capital Improvements(2) 6,000,000 40,000,000 Acquisitions(3) 2,000,000 Owner Assisted Subsidies(4) 2,500,000 2013 4,867,268 Programs(l) 1,158,030 Capital Improvements(z) 4,500,000 Acquisitions(3) 2,000,000 Owner Assisted Subsidies(4) 2,500,000 2014 13,690,637 Programs(') 1,179,593 Capital Improvements(2) 5,262,587 Acquisitions(3) 2,000,000 Owner Assisted Subsidies(4) 5,000,000 TOTALS(ALL YEARS) 102,892,857 101,229,044 93,637,410 93,637,410 Ending Balance 1,663,813 0 Notes: I.Includes: Program l D, Program 2A,Program 213,Program 3A,Program 313,Program 3C,and Program 3E. 2.Includes: Program IA. 3.Includes: Program 3D. 4. Includes: Program I B and Program 1 C. 5.Adjusted for deferral of Housing Set-Aside Deposit to cover SERAF obligation. Loan to Agency due 6/30/2015. 'S40MM Bond issuance and subsequent project depends on viability of bond market. Housing Element III-39 TN/City of Palm Desert General Plan/Housing Element PUBLIC PARTICIPATION The City held two community workshops at the beginning of the update process in February of 2008. These workshops were directed toward stakeholders and community members. The participants in these workshops expressed concerns about the need for social services in association with affordable housing, and the changes in the household types — toward smaller households in need of smaller housing units. These comments shaped the policies and programs in this Element. The City advertised the Housing Element workshop in the display advertising section of the newspaper, and mailed notices to the Coachella Valley Housing Coalition, Riverside County Housing Authority,Habitat for Humanity, and similar organizations. Several City Council and Planning Commission workshops were held to review the revisions to the Element, and the goals, policies and programs. The City will continue to advertise Housing Element hearings in the Desert Sun, and send notices to local affordable housing developers such as Palm Desert Development and the Coachella Valley Housing Coalition. Finally, public hearings were held before the Planning Commission and City Council for the adoption of the Element, in 2011. Housing Element III-40 TN/City of Palm Desert General Plan/Housing Element GOALS, POLICIES AND PROGRAMS Goal I A variety of housing types that meet all of the housing needs for all income groups within the City. Goal 2 The preservation and maintenance of the high quality of the City's affordable housing supply. Policy 1 New affordable housing projects shall be encouraged in all areas of the City. Special attention will be made to distributing the units so that large concentrations of affordable housing in any one area are avoided. Program LA The Agency shall implement the following affordable housing projects for extremely low. very low. low and moderate income households during the planning period: • 31 units at Canterra Phase II • 21 units at Emerald Brook • 200 units at Dinah Shore and Portola • 72 units at Carlos Ortega Villas • 16 units at Sagecrest Apartments Responsible Agency: Redevelopment Agency Schedule: 2010-2014 Program LB The Agency shall pursue the planning and implementation of the following projects for extremely low. very low. low and moderate income households during the planning period: • 520 units that will include single family for-sale and multi-family for rent units at Gerald Ford Drive and Portola • an additional 51 units at the Vineyards Responsible Agency: Redevelopment Agency Schedule: 2010-2014 Program LC The City shall encourage and facilitate the development by private parties of the following projects for extremely low.very low,low and moderate income units: • 432 units at Key Largo Housing Element III1ll TN/City of Palm Desert General Plan/Housing Element • 194 units at Frank Sinatra and Cook Street • Approximately 302 units at Dinah Shore and 35th Avenue (southeast comer) • 52 units at Frank Sinatra and Cook Street("The Vineyards"/northwest corner) Responsible Agency: Redevelopment Agency Schedule: 2010-2014 Program 1.D The Agency shall continue to implement the Self Help Housing program, and shall identify 15 households to be assisted by the program in this planning period. Responsible Agency: Redevelopment Agency Schedule: 2006-2014 Program LE The City shall maintain its inventory of sites zoned for PR-7 and R-3, and shall encourage the incorporation of extremely low, very low. low and moderate income housing units into these projects as they are brought forward. Responsible Agency: Planning Department Schedule: Ongoing as project applications are submitted Program 1.F In order to assure that sufficient lands are available for affordable housing projects described in Programs LA and 1.13, the City shall undertake or shall process private party Changes of Zone on the following parcels to provide zoning that is consistent with the General Plan and supportive of residential uses. Where necessary, General Plan amendments will also be undertaken: • The east side of Monterey, at the western City limits • 20 acres of land at the southeast comer of Gerald Ford and Portola • 10 acres of land at the northeast comer of Dinah Shore and Portola • 19.6 acres of land at the southwest corner of University Park Drive and Cook • 34 acres of land at the southwest comer of 35 h Avenue and Dinah Shore 19 acres of land at the southeast corner of 35`h Avenue and Dinah Shore • The south side of Fred Waring Drive on the east side of San Pablo Avenue and on the west side of San Pablo north of Santa Rosa. Responsible Agency: Planning Department Schedule: 2011 Program l.G The Citv will encourage further land divisions resulting in pa-cel sizes that facilitate multifamily development affordable to lower income households in light of state. federal and local financing programs (i.e. 50-100 units). The City will offer incentives for the development of affordable housing including. but not limited to: • priority to processing subdivision maps that include affordable housing units. • expedited revie,.t for the subdivision of larger sites into buildable lots where the development application can be found consistent 1,Nith the Specific Plan. Housing Element 111-42 TN/City of Palm Desert General Plan/Housing Element • financial assistance (based on availability of federal. state. local foundations. and private housing funds). Responsible Agency: Planning Department Schedule: 2011-2014 Program LH Properties described in Program 1.17 will be designated to assure that 16 units are permitted per site: at least 50% of the remaining need will be accommodated on sites allowing exclusively residential uses pursuant to Government Code Section 65583.2 (i): and that minimum densities of 20 units per acre are provided on the sites designated for exclusively residential use. The Citv's zoning standards currently ermit multifamily uses without a CUP or other discretionary permit. Responsible Agency: Planning Department Schedule: 2011-2012 Policy 2 The City shall encourage the rehabilitation of existing housing units through a variety of programs. Program 2.A The Agency shall annually fund an Acquisition, Rehabilitation, and Resale Program for 10 blighted homes each year. Responsible Agency: Redevelopment Agency Schedule: 2009-14 Program 2.13 The Agency shall annually fund the Single Family Rehabilitation Program and Housing Improvement Program, for 20 households each year. Responsible Agency: Redevelopment Agency Schedule: 2009-2010, Ongoing Program 2.0 The Agency shall pursue and utilize Neighborhood Stabilization Program (NSP) funding to the greatest extent possible, and shall use that funding to assist homeowners in the purchase and rehabilitation of blighted single family homes for up to four homes per NSP funding cycle. Responsible Agency: Redevelopment Agency Schedule: 2009-14 Policy3 The City shall preserve existing affordable housing units. Program 3.A The Agency shall continue to subsidize existing affordable housing units in the City, including apartment units it owns now and in the future. Responsible Agency: Redevelopment Agency Schedule: Ongoing Housing Element 111-43 TN/City of Palm Desert General Plan/Housing Element Program 3.13 The Agency shall maintain the existing resale restrictions and other subsidies on its 303 ownership units. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program IC The Agency shall maintain ownership of its 1,111 existing rental housing units in order to assure long term affordability for these projects. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program ID The Agency shall continue its program of acquiring market rate apartment projects for rehabilitation and conversion to affordable units, with the goal of converting 350 through the planning period. Efforts shall be focused on blighted properties in Palma Village, Redevelopment Project Area 4, and south of Highway I11 between Portola Avenue and Deep Canyon Road. Responsible Agency: Redevelopment Agency Schedule: 2006-2014 Program 3.E The City shall encourage the preservation of existing mobile home parks by non-profit agencies or organizations, in order to preserve their affordability._he City will directly contact CVHC, DACE and others should a mobile home nark be put up for sale. and assist through permit streamlining in its sale, if possible. Responsible Agency: Redevelopment Agency, City Manager's Office Schedule: Ongoing Program IF The Agency shall coordinate between affordable housing developers and social service agencies when new projects are developed to encourage the integration of services such as child care,job training, vocational education, and similar programs into new affordable housing projects through direct contact ,vith both parties. For on-site child care, the Agency shall consider allocation of the City's Childcare Mitigation Fee to new projects which provide the service. Responsible Agency: Redevelopment Agency, City Manager's Office, Community Development Department Schedule: Ongoing Policy 4 The City shall continue to strive to meet the State-mandated special shelter needs of large families, female headed households, single parent families, senior citizens, and disabled individuals and families, and shall consider including units for such households in its projects. Housing Element 111.44 TN/City of Palm Desert General Plan/Housing Element Program 4.A The City shall continue to enforce the provisions of the Federal Fair Housing Act. The City shall continue its referral program to the County Fair Housing Office, and shall maintain information at City Hall and the Agency's affordable housing complexes. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program 4.13 The City shall work with the Senior Center and other appropriate agencies in assisting whenever possible in the housing of disabled residents, through participation by the Redevelopment Agency. Responsible Agency: Redevelopment Agency, Senior Center Schedule: Ongoing Policy 5 The City shall strive to provide shelter for the homeless. Program 5.A The City shall continue to work with CVAG on a regional solution for homelessness, including the Multi-Service Center in North Palm Springs, and the beds and services it will provide. See discussion on page 28 regarding CVAG's program) Responsible Agency: City Manager's Office, City Council Schedule: 2008-2014 Program 5.13 The City shall amend the Zoning Ordinance as follows: a. Allow emergency shelters by right in the Industrial zone. Approval shall be through a non- discretionary design review process. b. Transitional and supportive housing shall be subject to only those restrictions that apply to other residential uses of the same type in the same zone c. Define Single Room Occupancy facilities. d. Allow Single Room Occupancy facilities in the Industrial zone, subject to approval of a conditional use permit. The Zoning Ordinance shall be clarified to state that handicapped ramps are permitted in the front, side or rear yard setback of any residential structure. A reasonable accommodation procedure shall be established to provide exception in zoning and land use for persons with disabilities. Responsible Agency: Community Development Department Schedule: 2011 Program 5.0 The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha's Village and Catholic Charities, to apply to the City for the assignment of CDBG funds for homeless services. Responsible Agency: City Manager's Office Schedule: 2003-04 Housing Element I11-45 TN/City of Palm Desert General Plan/Housing Element Policy 6 The City shall continue to utilize restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval in order to preserve affordable for sale housing units for the long term. Program 6.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 30 households should be assisted every year. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program 6.13 The Agency shall work with affordable housing organizations to preserve the affordability of the Regent Palm Desert project (formerly known as Sevilla or Saint Tropez), which is currently at risk of losing its affordability restrictions in 2016. The Agency may consider financial assistance or purchase, assistance in preparing applications for funding through state and federal programs for third party ownership, and other means to assure the long term affordability of the project. Responsible Agency: Redevelopment Agency Schedule: 2014-2015 Policy '7 The Redevelopment Agency shall annually allocate funds to eligible projects for review and consideration, in conformance with its Five Year Implementation Plan. Policy 8 The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Policy 9 The City shall continue to address the needs of the senior population in development of housing. Program 9.A The City shall maintain the Senior Housing Overlay District and the Second Unit Housing standards in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Ongoing Program 9.0 The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Redevelopment Agency, Community Development Department Schedule: Ongoing Policy 10 The City shall implement the State's density bonus law. Housing Element 111 46 TN/City of Palm Desert General Plan/Housing Element Policy 11 The City shall maintain the Rental Subsidy Program, the Mortgage Subsidy Program and the First Time Homebuyers Program. Policy 12 Promote the jobs/housing balance through the development of housing with convenient access to commercial land uses, schools, available public transport and employment centers. Policy 13 Encourage energy conservation through the implementation of new technologies, passive solar site planning and enforcement of building codes. Please also see the Energy and Mineral Resources Element. Program 13.A The City shall maintain an Energy Conservation Ordinance which mandates conservation in new construction beyond the requirements of the California Building Code. Responsible Agency: Planning Department Schedule: 2010-2011 Program 13.B The City shall encourage Green Building techniques, recycling in demolition, and the use of recycled, repurposed and reused materials in all new affordable housing projects to the greatest extent possible. Responsible Agency: Redevelopment Agency, Planning Department, Building Department, Public Works Department Schedule: Ongoing Housing Element Itt-47 ss t TN/City of Palm Desert General Plan/Housing Element Appendix A Land Inventory Aerials Housing Element 111-49 rs '�--•i:.. - � _' ~=� a '.. ' _. � c¢-_�� ja -raw Ak - _ .. ■ .ems. i-t � .�1� J _ �•�.w�- _ to UZI• ` . I F Aa \iJ h Wr 1 r i •• , � :'jam" - - � i _ - �. _ Aix _�- ilk. �•- TL: _ .ram UZI t� _ 1 All- �I 4 i t 1 f t � r t. ' i� • Tr F• 1 • _ f , f 41AFT• �'� _ . . - - _ -�,.•- is rf �' �.� • �` r ,si 07 ., • ��. �, • Wm*i of d i' ca • ...ram � i s + � i � . i a tmw son . ' • F __ _ mu - _[y'° � •. � = !--- yam, ' ! I - nv- JKV47. '' Al ' _ t AN f it at Jr tu _ ;.,. r�z..,¢= > l : , •' � ' ,,ram ,,. �` � -+ ;_ ::.•ice s-: �. �- / ..� `0 Beni AL RM i ` l • -3 N ' �f 3 e t� !i (r ' __..__ __i_� ';_fie►.+���"+�=+ �-.nos-7 w �..�.` +MAN !='S�,A; I , ; c . Wit ► _ F+ �' - — a 2 � ..} � .� -�ice.^.. •{ AZT=�• � = � � e . An ilaw ..e in Avu mar - -�- �- � _ � �r•7�1-p�fi � �-- f •.{ �� a •• ram - ` t r _ 'tiWti A •-��.Ati 1 MEN R,.71 IL A i - AS-. _ . .r ]_.- 1 - ----- {{ (( l Y Aim©J RIP I `J Zia- - S ` or 4.7 Liu ulr Lv! <rau •L. JY ]1 OJLl L04J I'1r'U f"HUt GLI 1G STATE OF CAWFORNIA RIISINFSS TRANCPt]RTA7IAN AND HO ICIN �jGENCV �Rb QLD SCMMARZ,ENC-�=^FR .nvemor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 18001Tird Street,Suite 430 P,O.Box 952053 Sacramento,CA 94252-2053 (916)323-31771 FAX(916)327-2643 August 24, 2010 Ms. Lauri Aylaian, Director Community Development Department City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 15ear Ms. Aylaian: RE: Review of Palm Desert's Draft Housing Element Update Thank you for submitting Palm Desert's draft housing element received for review on June 25, 2010. The Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). A telephone conversation on August 9, 2010 with the City's consultant Ms. Nicole Sauviat Criste, of Terra Nova Planning & Research Inc., facilitated the review. The Department commends Palm Desert for its success in facilitating the acquisition and rehabilitation and construction of 420 units affordable to lower-income households in the previous planning period. The draft element addresses many Statutory requirements; however, revisions will be necessary to comply with State housing element law (Article 10.6 of the Government Code). In particular, the element shot.ld include a complete analysis of identified sites and potential governmental constraints. The enclosed Appendix describes these and other revisions needed to comply with State housing element law. If you have any questions or would like assistance in revising the elem ant, please contact Mario Angel, of our staff, at (916) 445-3485. Sincer ly, Aathy E. Creswell Deputy Director Enclosures I _ APPENDIX CITY OF PALM DESERT The following changes would bring Palm Desert's housing element into cc mpliance with Article 10.6 of the Government Code. The pertinent Government Code is cited for each recommended change. Housing element technical assistance information is available on the Department's website at www.hcd.ca.gov. Refer to the Division of Housing Policy Development and the section pertaining to State Housing Planning. Among other resources, please refer to the Department's latest technical assistance tool Building Blocks for Effective Housing Elements (Building Blocks) at httt)://www.hod-ca,gov/hpd/housin-ci element2/index.p 32, and the Government Code addressing State housing element law. A. Housing Needs. Resources. and Constraints 1. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and project9d needs for all �rincome levels, including extremely low-income households (Section 65583(a)(1)). Wt`ru� As noted in a conversation, the element should correct data for extremely low-income (ELI) households (Table 11I-29). For your information, according to Comprehensive Housing Affordability Strategy (CHAS) data, 515 owners and 698 ranters are ELI households. 2. Include an analysis and documentation of household characteristic;, including level of payment compared to ability to pay (Section 65583(a)(2)). The element did not address this requirement. The element should include an estimate and evaluation of the number of lower-income households, by tenure, paying more than 30 percent of their income on housing. For your infomlation, CHA8 household data indicates 1,233 of the 4,098 owner (31.5 percent) and 1,229 of the 6,326 renters (40.4 percent) paid more than 30 percent of their income on housir g. To assist with this analysis, see the Department's sample analysis from the Building Eilocks' website at http://www.hcd.ca:ciovlhpd/housing element2/EHN Ove a ment. eft. 3. Include an analysis and documentation of household characterfstics, including housing stock condition (Section 65583(a)(2)). The element Includes some general information on the age of how ing stock in Table III-19; however, it should also include an estimate of the number of units in need of rehabilitation and/or replacement. For example, the element coidd include estimates from a recent windshield survey or sampling, estimates from the ccde enforcement agency, information from knowledgeable builders/developers, including non-profit housing,developers or organizations, or estimates from the redevelopment agency. For additional information, refer to the housing stock characteristic sect ion of the Building Blocks'technical assistance tool at http://www hcd ca gov/hod1housing element21HN EHN home.pho. -2 4. include an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis cf the relationship of zoning and public facilities and services to these sites(Section 65563(a)(,3)). The inventory of land suitable for residential development shall be used to identify sites that can be developed for housing within the planning period(Section 65583.2). Palm Desert has a regional housing needs allocation (RHNA) of 4,586 housing units, of which 1,864 are for lower-income households. To address this neE d, the element relies on recent constructed, approved and pending projects and vacant ;sites. To demonstrate the adequacy of these sites and strategies to accommodate the Cily's RHNA, the element must include complete analyses as follows: Progress in Meeting the RHNA: The element indicates that 1,320 iinits will be developed by Program 1.A, LB and 1.0 (page III-37). The element must indicate the status of these projects to demonstrate their availability in the planning period, indicate�wt which projects are new construction and demonstrate the anticipated affordability by income group and actual or anticipated rent or sales prices, or financing or other mechanism establishing affordability. Refer to the Building Blocks'website at http7//www hcd ca gov/hod/housing element2/HN PHN regional 2n. Sites Inventory: While the element list sites by parcel number, size, zoning and residential capacity for each site, it must also list sites by General Flan designation. Please see the Building Blocks' website at httP:I/www.hcd.ca.covfhtDd/housinct eleme t2/SIA land. h . Realistic Capacity: The element did not address this requirement.. The element must describe the methodology for determining the development capaCiiy of sites listed in v Z Table 111-33. The estimate of potential unit capacity must account for land-use controls and site improvements and could reflect recently built densities. Refer to the Building Blocks'website at http://www.hcd-ca.govlhpd/housina element2lSlA zoning.php. Zoning to Encourage and Facilitate Housing for Lower-Income Households: The element did not address this requirement. Pursuant to Goverr meet Code Section 65583.2(c)(3)(A) and (B), the element must identify and analyze zoning and densities appropriate to encourage and facilitate the development of housing for lower- income households. The analysis must demonstrate the appropriateness of the zone(s) ^ 32 based on factors such as market demand, financial feasibility and development experience within zones. For communities with densities that meet specific standards (at least 30 units per acre for Palm Desert), this analysis is not required pursuant to Government Code Section 65583.2(c)(3)(B). Based on the conver>ation, the City intends to accommodate the regional housing need for lower-income households by rezoning to higher densities. However, Program IF does not address the statutory requirements. If Palm Desert intends to rezone, the element must demonstrate compliance with Government Codes Sections 65583.2(h) and (i) (See Finding C2). Otherwise, the element must include an analysis as described abode. Large Sites: The element identifies several large sites to accommodate the City's housing need for lower-income households (Table III-33), which based on the conversation, some are intended for rezoning to accommodate the regional housing need for lower-income households. However, the element does nct describe how such large parcels can facilitate the development of housing affordable t) lower-income d° households. For example, most developments utilizing State or federal financial resources include 50 to 150 units. If using larger sites (e.g., greater than 15 acres) to accommodate the City's share of the regional housing need for lower-income households, the element should include an analysis of the appropriateness of such sites Including, for example, a discussion of opportunities for specific-pia n development, further subdivision or other methods and programs to facilitate their use for the development of housing affordable to lower-income households. Suitability of Non-Vacant Sites: If using non-vacant sites to accominq�e RHNA,. the element must describe the existing uses of non-v ca lciently to demonstrate the potential for redevelo� ate the extent to which existing uses may impede additional r id a elopment. The evaluation should include a description, relative a sites, of development trends, market conditions and regulatory " and standards to facilitate redevelopment or rause. Please see the Buld eks' website at http://www.hcd.ca.gov/hpdthougina elemerd2/SIA home,ohp. �L Infrastructure: While the element notes infrastructure must be extended to parcels r (page III-22), it must also identify whether sufficient total water and sewer capacity is available or planned to accommodate Palm Desert's share of the n:gional housing need. Environmental Constraints: While the element broadly discusses environmental ZSlib conditions page III-25 , it should include a general discussion of how these or other conditions may impact development capacity in the planning perioc. Refer to the Building Blocks'website at htto://www.hcd.ca.00v/hr)d/housing elemerit2/SIA zonine.pho. Alternative Adequate Sites: The element notes the purchase and conversion of 350 units (page III-32), but does not include any analysis to credit tnese units toward the City's share of the regional housing need. If using these units towE rd the regional housing need, the element must address the speck statutory requirements of Government Code Section 65583.1. For more information, see the enclosed checklist and Building Blocks' website at http://www.hed.Ca.goy/hpdlb-Q 120A adegsites.nhp, Emergency Shelters: The element includes Program 5.6 to revise the zoning ordinance to permit emergency shelters in the Industrial zone and a general statement of total acreage in the industrial zone (page III-26). However, pursuant to ,>apter 633, Statutes of 2007 (SB 2),.the element must evaluate the appropriateness of the zone and describe suitable capacity (e.g_, typical parcel sizes) within the Inds strial zone to accommodate the need for emergency shelters. For additional information and assistance in addressing this requirements, refer to the Department's technical assistance memo at htto/iwww.hcd ca.oQvlhod/sb2 memo050708Edf. UPI LY/ Lulu 14. 0Y J100L 1 LU`..] -4- 5. Analyze potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income'levels, including the types of housing identified in paragraph (f) of subdivision (c), and for perso,ts with disabilities as identified in the analysis pursuant to paragraph (7), including land rase controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that 1 cinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7) (Section 65583(a)(5)). Land-Use Controls: The element identifies various residential devE Iopment standards but provides no analysis of their potential impacts on the cost and E•upply of housing and the ability to achieve maximum densities. In addition, the analysis ;should specifically address multifamily parking requirements for studio and one-bedroom units, heights of 22 and 24 feet in higher density districts, lot widths in the PR zone ;and lot coverage and common area requirements in the R-3 and PR zones. The elemen: should include programs to address and remove or modify these requirements if appropriate. For information on the required analysis, refer to the Building Blocks'wabsite at http'//www hcd ca gov/hpd/housing element2/CON landuse.php. Fees and Exaction: The element lists some planning fees (Table Il 1-24) and public work fees (fable III-26); however, it should also describe all required fees, including impact fees and analyze the total effect or proportion of these fees and exactions for typical single- and multi-family housing. For information on the required analysis, refer to the Building Blocks'website at htto'/hvww hcd ca cnvlhiid/housing elemenVscr_en24 constralnts.pdf and the sample analysis at httrdfwww hod ea ggv&Othousin�eiemenyexamo qs/screen24samglet.p4f. Processing and Permit Procedures: While the element identifies local development processing time frames (Table III-24), it must also include a descrif bon and analysis of the review processes and procedures for typical single- and multi-family projects and evaluate potential impacts on the cost and supply of housing, The analysis should address project types by zone and typical decision-making criteria aluch as approval findings and the impact on approval certainty, timing, and housing frost. For information on the required analysis, refer to the Building Blocks'website at htts):/Awm.hcd.ca.gov/hl2dfhousi element2/CON permits.php. Codes and Enforcement: While the element describes the City's u:>e of the California Building Codes (page 23), it must identify and evaluate any local amendments and describe the City's building and zoning code enforcement processes and procedures. For more information, refer to the Codes and Enforcement section :)n the Building Blocks'website at hftp://www.hcd.ca.govfhpd/housing element2/C()N home.php. Constraints on Persons with Disabilities: The element did not addnsss this requirement. The element must include a complete analysis of potential constrai its on the development, maintenance, and improvement of housing for persons with disabilities. I The analysis should address zoning, development standards, build ng codes, and approval procedures for the development of housing for persons with disabilities. - i raar� a... ..ram ..a aa�ci rV�V 10 v I MVL V/I LV Examples of standards and requirements that could be analyzed include: (1) any definitions of family in the zoning code; (2) description of zones allcwing group homes and residential care facilities with fewer than six persons; (3) discw lion of permit procedures including any conditions or restrictions on the approval of group homes with seven or more residents; and, (4) spacing or concentration requirements. Refer to the Department's memo and the Building Blocks'sample analysis at http://www.hcd.ca.gpv/hl)-d/housing element2/CON disabilities.phg Second Units: As noted in the element (page 111-6), the City has a :;econd-unit ordinance (Program 9.A, page 111-42) limiting occupancy by age. For your information, Government Section 65852.1 authorizing localities to limit occupan;y of the unit to persons 62 years or older became inoperative as of January 1, 2007. 6. Analyze existing assisted housing developments that are eligible to change to non-low- income housinguses during the next 10 ears due to termination o.`subsid contracts 9 Y Y , mortgage prepayment, or expiration of use restrictions (Sections 6E'S83(a)(8) through 65583 a D . The draft element Identifies one project as being "at risk" of converting to market-rate (page III-27). As a result, the element must include a description and analysis as follows: list the development by project name and address; type of assistance received; ■ earliest date of change from low-income use; and ■ total number of elderly and non-elderly units. In addition, the element must: ■ evaluate overall potential conversion risk based on the total number and type of units at-risk, total number of potentially displaced households, conversion intent of the ownership, and the economic condition of the local housing market, especially in areas with high housing costs and/or low vacancy rates; ■ estimate total cost for producing, replacing and preserving the units at-risk; ■ identify public and private non-profits known to the City to have ,he legal and managerial capacity to acquire and manage at-risk units (see enclosed list); and ■ identify and consider the use of federal, State and local financing and subsidy programs. Additional infonmation and sample analyses are available in the Building Blocks'section on Identification and Analysis of Developments At-risk at http://www.hcd.ca.(iov/hpd/housing element2/EHN atrisk.php. uoi cvi cuiu ♦c. JY J10JGfcOYJ nry ^`^- """" B. Quantified Objectives Include quantified objectives estimating the number of housing units b./income category, including extremely low-income, that can be constructed, rehabilitated, and conserved over a five-year time period (Section 65583(b)). While the element includes objectives for very low-, low-, moderate-, and above moderate- income (Table III-32), pursuant to Chapter 891, Statutes of 2006 (AB 2.634),.it must also include objectives for ELI households. C. Housing Programs 1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that oertain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undeflake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available and the utilization of money, in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelop Vnent Law (Division 24 (commencing with Section 33000) of the Health and Safety Coae) (Section 65583(c)) The draft element includes overarching housing goals and policies, along with a number of accompanying programs. However, most programs do not commit to speck actions to demonstrate beneficial impacts of the programs within the planning period. Most of the programs should be revised to: 1) include specific timelines or milestones; 2) expand the description of the City's role in implementation; and, 3) include-specific commitments with numerical objectives where appropriate. For additional information, refer to the previous review and sample programs on the ,Building f hocks' website at hftp:/lwww hcd ca gov/hod/housing element2/PRO overview. -hp. Examples of programs needing to be revised include, but are not limited to: Proaram 1.C: How will the City encourage and facilitate the development of housing affordable to lower-income households? Program 3.E: When and how will the City encourage non-profits to preserve the affordability of existing mobilehome parks? Program 3.F: When and how will the City coordinate with develope rs and social service agencies? Program 5.A: How will the City continue to work on regional solutions to homeless? -7- 2. Identify adequate sites which will be made available through approsriate zoning and development standards and with public services and facilities neeaed to facilitate and., encourage the development of a variety of types of housing for all income levels, including rental housing, factory-built housing, mobilehomes, and emergency shelters and transitional housing. Where the inventory of sites, pursuant to paragraph (3) of I fl subdivision (a), does not identify adequate sites to accommodate h to need for groups of all household income levels pursuant to Section 65584, the program shall provide for sufficient sites with zoning that permits owner-occupied and rental multifamily residential use by right, including density and development standards that coL Id accommodate and facilitate the feasibility of housing for very low- and low-income households (Section 65583(c)(1)). As noted in the Finding A-3, the element does not include a complete sites inventory or analysis; as a result, the adequacy of sites and zoning has not been established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites and zoning for a variety of housing types. Based on the conversation, Palm Desert intends to rezone sites to accommodate the regional housing need for lower income households. Programs su,;h as Program 1 F to address a shortfall of sites must commit to permit owner-occupied and rental multifamily uses by right sufficient to accommodate the remaining need for IoMfer-income households. Pursuant to Section 65583.2 (h) and (i), "by-right" means local government review must not require a conditional use permit (CUP), planned unit development or other discretionary review or approval. The program must also: • allow a minimum of 16 units per site; • require a minimum density of 20 units per acre; • ensure at least 50 percent of the lower-income need must be aix;ommodated on sites designated for residential use only; and • reference candidate sites by parcel number or unique references. Program 5.B: The Program must commit to when the zoning ordinance will be revised to permit transitional and supportive housing as residential uses. In s ddition, pursuant to Chapter 633, Statutes of 2007 (SB 2), the Program must be revisel to clarify zoning will be amended to permit emergency shelters without discretionary action and only subject shelters to the same development and management standards that apply to other allowed uses within the identified zone. In addition, the Program must commit to amend zoning for emergency shelters within one year of the planning period. See th D Department's SB 2 technical assistance memo at httpi/Avww,hod.ca.gov/hpd/sb2 menno050708.pdf. 3. The housing element shall contain programs which "assist in the development of adequate housing to meet the needs of extremely low-, low- and rr oderate-income households (Section 65583(c)(2)). While the element includes Program 5.B to allow single-room occupancy units which can assist in meeting fhe needs of single-person ELI households, it dons not address the needs of family or larger ELI households. As a result, pursuant to ;.hapter 891, Statutes of 2006 (AB 2634), existing programs should either be revised or added to specifically assist in the development of a variety of housing types to meet the housing needs of ELI households. To address this requirement, the eleme it could revise programs to prioritize some funding for the development of housinli affordable to it oo/ Gw GCJLCI LG..]4 ]L 03Ll G043 I'tYll YHlit 117/1!9 ELI households, and/or offer financial incentives or regulatory concussions to encourage the development of housing types, such as supportive housing, which address some of the needs of this income group. 4. The housing element shall contain programs which "address, and v/here appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing"(Section 65583(c)(3)). As noted in Finding A-4, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigat= any identified constraints. D. Water Sewer Priority For your information, Government Code Secti 9.7 requires wat�=r and sewer providers to establish specific praced nd grant priority water and sewer service to developments with units afford o lower-income households. The;, also requires local governments to im iately deliver the housing element to water and sewer providers. The Department rpeeaffirriends including a cover memorandum describ ng the City's housing element, inyylad ng the City's housing needs and share of the regional Housing need. For more ' 6rmation, please refer to the Department's technical assistance memo at htt6V/www.hcd.ca.aov/hpd/memo sb1087. df, E. Consistency with General Plan The housing element shall describe the means by which consistency vdil be achieved with other general plan elements and community goals (Section 65583(c)(7)). The element did not address this requirement. The.element must include a complete discussion of how consistency will be achieved and maintained during the planning period. Ppac The element could include a program to conduct an internal consistency review as part of its annual General Plan implementation report required under Government Code Section 65400. This annual report can also assist future updates of the housing element.. Palm Desert should also note recent statutory changes to Governmen: Code Section 65302 (Chapter 369, Statutes 2007 [AB 1621) which requires amendment of the safety and conservation elements of the general plan to include analysis and polii;ies regarding flood hazard and management information upon the next revision of the hOL sing element on, or after, January 1, 2009. For additional information, please refer to Department's website at htto:/lwww hcd ca gov/hpd/hre/plan/he/ab 162 statOTodf. l TN/City of Palm Desert RECEIVED General Plan/Housing Element • JUN 2 5 2010 RlUWM HOUSING ELEMENT PURPOSE Providing all residents of Palm Desert with a safe and affordable residence is the ultimate goal of this Element. The Housing Element is designed to guide the City's elected and appointed officials, as well as City staff and the general public, in locating and constructing housing to accommodate all segments of the community. The City has been active in adding to its inventory of affordable housing units in the 1998-2006 planning period, and continues to strive to provide quality housing for all its residents. BACKGROUND The Housing Element works hand in hand with the Land Use Element to balance the land uses available in the City to accommodate future growth. Land use designations are designed to accommodate all types of housing, to allow for the development of single family and multi- family units to meet the needs of the City's residents, now and in the future. The Housing Element includes a description of existing housing types, condition of existing units, overcrowding, overpayment, special housing needs, and the demand for affordable housing in the City. The Element also includes an analysis of the progress made since the drafting of the last Housing Element, and projections of needs for the 2006-2014 planning period. California Law California Government Code requires that every City and County prepare a Housing Element as part of its General Plan. In addition, State law contains specific requirements for the preparation and content of Housing Elements. According to Article 10.6, Section 65580, the Legislature has found that: (1) The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. (2) The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. (3) The provision of housing affordable to low and moderate income households requires the cooperation of all levels of government. (4) Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. (5) The legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and Housing Element 111-1 TN/City of Palm Desert General Plan/Housing Element community goals set forth in the General Plan and to cooperate with other local governments, and the state, in addressing regional housing needs. Section 65581 of the Government Code states that the intent of the Legislature in enacting these requirements is: (1) To assure that local governments recognize their responsibilities in contributing to the attainment of the State housing goal. (2) To assure that cities and counties prepare and implement housing elements which, along with federal and State programs, will move toward attainment of the State housing goal. (3) To recognize that each locality is best capable of determining what efforts are required by it to contribute to the attainment of the State housing goal as well as regional housing needs. (4) To ensure that each local government cooperates with other local governments to address regional housing needs. Government Code Section 65583 outlines the required content of all housing elements including identification and analysis of existing and projected housing needs, and a statement of goals, policies, quantified objectives, and scheduled programs for the preservation, improvement, and development of housing. Specific requirements include the following: (1) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The analysis should include population and employment trends; documentation of household characteristics; inventory of land suitable for residential development; governmental and other constraints to new housing development; analysis of any special housing needs and an assessment of existing affordable housing developments. (2) A program which sets forth a five-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the objectives of the housing element in order to meet the housing needs of all economic segments of the community. Evaluation of Existing Housing Element Policies and Programs Policy 1 The creation of new and the preservation of existing affordable housing projects shall be encouraged in all areas of the City. Program 1.A The Agency shall pursue development of 162 rental and 117 ownership units west of Cook Street, between 42nd Avenue and Merle, as an affordable family project. Of the 162 rental units, 154 shall be restricted to very low income households, and 8 shall be restricted to low income households. Responsible Agency: Redevelopment Agency Schedule: 2002-2005 Housing Element 111-2 Y TN/City of Palm Desert General Plan/Housing Element Evaluation: 162 rental units were developed in 2003, consisting of 73 very low income and 89 low income units. The Agency also planned the development of 27 very low and low income senior rental units at the La Rocca Villas project during the previous planning period. The Falcon Crest project will consist of 93 ownership units, 13 of which will be available to low income owners, and 80 of which will be available for moderate income owners. Program 1.B The Agency shall continue to implement the Self Help Housing program, and shall identify 20 households to be assisted by the program in this planning period. Responsible Agency: Redevelopment Agency Schedule: 2004-2005 Evaluation: There were six lots donated for self-help housing units to be built in the planning period, and 14 additional units are planned and will be constructed in the coming planning period. The Agency will continue to work with agencies such as Habitat for Humanity and Coachella Valley Housing Coalition to identify additional properties where self-help units may be implemented. Program 1.0 The Agency shall continue to subsidize existing affordable housing units in the City, including apartment units it owns now and in the future. Responsible Agency: Redevelopment Agency Schedule: Ongoing Evaluation: The Agency owned 745 units at the beginning of the previous planning period. During the previous planning period, the Agency also acquired, restricted or constructed 420 additional units, including 141 units at California Villas, 48 units at Laguna Palms, 66 units at Country Village, and 30 units at Candlewood. In addition, 15 units at Villas on the Green, 31 units at Canterra, 64 units at the Enclave, 21 units at Emerald Brook and two units each at River Run One and Pacific Assisted Living were realized through density bonus provisions by third parties. Program 1.D The Agency shall maintain the existing resale restrictions and other subsidies on the Desert Rose project. Responsible Agency: Redevelopment Agency Schedule: Ongoing Evaluation: The Desert Rose project continues to be a fully functioning project with income and affordability restrictions in place as they have been since its construction. There are 161 homes in the project, 24 of which are owned by very low income households, 108 by low income households, and 29 by moderate income households. The Agency intends to maintain the affordability of this ownership project through the next planning period and beyond Program LE The Agency shall maintain ownership of its 745 existing rental housing units in order to assure long term affordability for these projects. Housing Element ❑1-3 TN/City of Palm Desert General Plan/Housing Element Y Responsible Agency: Redevelopment Agency Schedule: Ongoing Evaluation: The Agency has maintained ownership of the 745 units since the beginning of the previous planning period, and has purchased or constructed additional units. See Program 1.C., above. Policy 2 The City shall continue to strive to meet the State-mandated special shelter needs of large families, female headed households, single parent families, senior citizens, handicapped and homeless individuals and families, and shall consider including units for such households in its projects. Program 2.A The City shall continue to enforce the provisions of the Federal Fair Housing Act. Information on the Fair Housing Act, as well as methods for responding to complaints, shall continue to be available at City Hall in the Director of Housing's office. Responsible Agency: Housing Department, Redevelopment Agency Schedule: Ongoing Evaluation: The City maintains literature at City Hall relating to tenant rights and other Fair Housing Act issues as well as at each of the Agency's rental properties. The Redevelopment Agency also refers complaints to the Fair Housing Council of Riverside County. Program 2.13 The City shall work with the Senior Center and other appropriate agencies in assisting whenever possible in the housing of handicapped residents, through participation by the Redevelopment Agency. Responsible Agency: Redevelopment Agency, Senior Center Schedule: Ongoing Evaluation: The Redevelopment Agency accommodates the Americans with Disabilities Act (ADA) in all its projects, and provides for ADA accessible or adaptable units in its new projects. In addition, privately developed projects are required to meet current ADA standards. Program 2.0 The development of homeless shelters and transitional housing shall be maintained as a conditional use in the R-3 and Planned Residential districts in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Ongoing Evaluation: The City is home to a Shelter from the Storm facility which provides 20 two- bedroom transitional units for women and their children. In addition, the City is participating in the regional homelessness program being developed through the Coachella Valley Association of Governments (see Homelessness section, below). The City's Zoning Ordinance continues to allow homeless shelters as a conditional use. Housing Element 111-4 r TN/City of Palm Desert General Plan/Housing Element Program 2.1) The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha's Village and Catholic Charities, to apply to the City for the assignment of CDBG funds for homeless services. Responsible Agency: City Manager's Office Schedule: 2003-04 Evaluation: The City annually receives requests from a number of organizations for assistance through the CDBG program. In the previous planning period, the City provided CDBG funds to organizations such as the Shelter from the Storm, the Fair Housing Council and the Riverside County Department of Social Services for homeless programs. Program 2.E The City shall encourage the acquisition of existing mobile home parks by non-profit agencies or organizations, in order to preserve their affordability. Responsible Agency: Redevelopment Agency, City Manager's Office Schedule: Ongoing Evaluation: The City has not acquired mobile home parks through this program, nor have third party organizations done so. However, during the planning period the City made several efforts to preserve affordability of an existing mobile home park, including the submission of an application to the State of California Water Quality Resources Control Board for sewer conversion grant assistance. The application for grant assistance by the City on behalf of the Indian Springs Mobile Home Park to the State of California Water Quality Resources control board was not selected. Additionally, the City has implemented a mobile home improvement program as part of its Home Improvement Program as well as an ongoing code compliance program to assure that the quality of life within mobile home parks is maintained. This program of maintenance and improvement shall be continued in the current planning period. Policy 3 The City shall continue to utilize resale and rental restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval in order to preserve affordable for sale housing units for the long term. Program 3.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 50 households should be assisted every year. Responsible Agency: Housing Department Schedule: Ongoing Evaluation: The number of Section 8 assisted households varies from year to year in the City, but currently totals about 129 annually. There are currently approximately 35 Section 8 households in Agency owned properties. This program will be ongoing. Housing Element 11[-5 I i TN/City of Palm Desert General Plan/Housing Element Program 3.11 Should the Candlewood Apartments opt-out of their HUD contract, the City shall actively participate in the identification of a potential buyer to maintain affordability for this project. The Redevelopment Agency will also assist these organizations in securing financing. Responsible Agency: Redevelopment Agency Schedule: As needed Evaluation: The Candlewood Apartments were purchased by the Redevelopment Agency during the previous planning period, and currently remain affordable to very low (23 units), low (4 units) and moderate (3 units) income senior households. This program was successfully completed and will not be extended to the current planning period. Policy 4 The Redevelopment Agency shall annually allocate funds to eligible projects for review and consideration, in conformance with its Five Year Implementation Plan. Evaluation: The Redevelopment Agency prepares its 5 year Implementation Plan on the State mandated schedule. This Plan requires that the Agency allocate funds for projects through each five year cycle. In addition, the Agency regularly reviews revenues and opportunities, and adjusts future expenditures based on these opportunities. This policy is ongoing. Policy 5 The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Evaluation: The City has not included the deferral or reduction of fees in past projects, but has used a variety of means, including density bonus and variations on development standards, to facilitate affordable housing production by private parties. The City Council continues to have the ability to include fee waivers or deferrals for affordable housing projects in the future. Policy 6 The City shall continue to address the needs of the senior population in the development of housing. Program 6.A The City shall maintain the Senior Housing Overlay District and the Second Unit Senior Housing standards in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Ongoing Evaluation: The City continues to include the Senior Overlay District and Second Unit Senior Housing standards in its Zoning Ordinance. Program 6.B The Agency shall begin to develop plans for a senior housing project during this planning period. Responsible Agency: Redevelopment Agency, Housing Department Schedule: 2003-04 Housing Element III-6 TN/City of Palm Desert General Plan/Housing Element Evaluation: The Redevelopment Agency planned the La Rocca Villas project during the past planning period, which will provide 27 senior units for very low and low income households. Program 6.0 The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Redevelopment Agency, Community Development Department Schedule: Ongoing Evaluation: The assisted living projects in existence in the City at the beginning of the previous planning period continue to operate in the City. Policy 7 The City shall implement the State's density bonus law. Evaluation: The City implemented the State's density bonus law during the previous planning period to assure compliance with the latest State requirements. This program is ongoing. Policy 8 The City shall encourage the rehabilitation of existing housing units. Program &A The Agency shall annually fund the Single Family Rehabilitation Program, and shall assist 25 households each year. Responsible Agency: Redevelopment Agency, Housing Department Schedule: 2003-04, Ongoing Evaluation. The Agency continues to operate several home improvement programs which include grants and low interest loans. Grants vary in amount from S5,000 to S20,000 depending on household income and type of improvement. Loans are available up to S45,000 depending on household income and type of improvement. Types of improvements range from emergencies, lead and asbestos abatement, and energy efficiency upgrades as well as overall home improvement for health and safety issues. The Agency also maintains a Matching Fund grant program, which matches up to $5,000 for eligible very low, low and moderate income households. No applicant has been denied due to lack offunding, and 191 households were assisted in the previous planning period. Program 8.13 The Agency shall establish and fund a multi-family residential rehabilitation program, and assist 30-40 multi-family units during the planning period. Responsible Agency: Redevelopment Agency, Housing Department Schedule: 2003-04 Evaluation: The Agency funded rehabilitation programs for Agency owned properties throughout the previous planning period. The Agency has not received or identified rehabilitation requests from private owners which could be funded through this program. As a rule, requests for assistance from privately owned apartment projects have been for purchase of Housing Element III-7 TN/City of Palm Desert General Plan/Housing Element those units, rather than rehabilitation. The Agency acquired California Villas and Country I Village Apartments (formerly market units) during the previous planning period, which the Agency rehabilitated and converted the units to affordable housing. California Villas was substantially rehabilitated and Country Village was undergoing a site analysis for future increased affordable opportunities. The Agency acquired Candlewood Apartments and Laguna Palms in anticipation of the expiration of affordability restrictions. Please see the Existing Housing Projects section for details on these projects. Altogether, these projects provide 285 units of very low, low or moderate income housing in the City. Policy 9 The City shall maintain the Rental Subsidy Program, the Mortgage Subsidy Program and the Homebuyers Program. Evaluation: The Redevelopment Agency maintained a Rent Subsidy Program and assisted families that were overburdened in housing cost or were overcrowded to obtain suitable housing. The Redevelopment Agency has a First Time Homebuyer Program at Desert Rose and Falcon Crest, and other various location throughout the City and has assisted 207 single family homes which have been sold to 45 very low income households, 130 low income households, and 30 moderate income households. These homes all have long term resale restrictions which assure their affordability. Policy 10 Promote the jobs/housing balance through the development of housing with convenient access to commercial land uses, schools, available public transport and employment centers. Evaluation: With adoption of the General Plan in 2004, the City established the University Park Master Plan area, which provides a broad mix of land use designations for an area encompassing 2,230 acres. The University Park is focused on the California State University campus, and includes newly developed office and retail commercial development, and areas for high density residential development. Please see the Land Inventory section below for details on the lands available for housing in this area. Policy 11 Encourage energy conservation through the implementation of new technologies, passive solar site planning and enforcement of building codes. Please also see the Energy and Mineral Resources Element. Evaluation: Through the Home Improvement Program, the Agency operates two programs for very low, low and moderate income households to promote energy conservation: the Drought Tolerant Landscaping Retrofit Program, which provides loans in the amount of S7,500 at a 3% interest rate for very low, low and moderate income households to convert landscaping to drought tolerant, low water using landscaping; and the Energy Efficiency Upgrade Program, which coordinates available energy efficient conversions with the Energy Management office at the City. In addition, the City has adopted an Energy Conservation Ordinance for the construction of all projects, and includes "Green" improvements in all Agency construction Housing Element 111-8 i TN/City of Palm Desert General Plan/Housing Element projects to the greatest extent possible. This has included the installation of solar panels at Falcon Crest, La Rocca Villas and Palm Village. Housing Element ❑1-9 TN/City of Palm Desert General Plan/Housing Element DEMOGRAPHIC INFORMATION This section provides the demographic background for the residents of Palm Desert. The information is primarily based on 2000 U. S. Census data. Where more current data is available, it has been included in addition to the Census information. REGIONAL SETTING The City of Palm Desert is located in the Coachella Valley, in eastern Riverside County. Riverside County grew from 663,923 in 1980 to 1,110,000 in 1990, an increase of 67%. By the year 2000, the U.S. Census estimated that population in the County had grown to 1,545,387. Since the completion of the Census, the Department of Finance (DOF) has annually estimated population growth. The DOF estimated that in January of 2009, Riverside County had a population of 2,107,653, an increase of 36% over the 2000 population. Historic and Current City Population Palm Desert has also experienced a rapid rate of growth. In 1990, the Census reported a population of 23,252 in the City. From 1990 to 2000, the City's population grew to 41,284, an increase of 77% in ten years, and an average annual increase of just under 6.25%. By 2009, the DOF estimated that the City's population had grown to 51,509 (including population from newly annexed areas), an increase of 24.7% in nine years. The City has grown at a rate slower than that of the County as a whole. Population by Age Group and Ethnicity The Coachella Valley has historically been a retirement area, and Palm Desert is no exception. The City's median age rose from 42.3 in 1990 to 48.0 in 2000. With the continuing aging of America, it is expected that this trend will continue. Table III-14 illustrates the 2000 Census estimates for population by age group. Table III-14 Age Distribution, 2000 Age Number % of Total Under 19 7,744 18.8% 20-34 6,030 14.6% 35-44 5,372 13.0% 45-64 10,728 26.0% 65+ 11,410 27.6% Total 41,284 100% Source: 2000 U.S. Census Table III-15 lists the ethnic distribution for Palm Desert in 2000. Housing Element III-10 TN/City of Palm Desert General Plan/Housing Element Table III-15 City of Palm Desert Ethnic Characteristics, 2000 Number % of Total White 35,961 87.1% Black 493 1.2% Native American 130 0.3% Asian & Pac. Islanders 1,061 2.6% Other 3.639 8.8% Total 41,284 100% Hispanic 7,031 17.0% Note: the ethnic population numbers may seem distorted because the U.S. Census does not consider Hispanic ancestry to be a race. For this reason, some Hispanics choose to list themselves under the classification for other races. Source: 2000 Census of Population and Housing Household Size and Income The City had a total of 19,370 households in 2000. By 2009, the DOF estimated that there were 23,712 households in the City. Median household income in the City in 1990 was $37,315, slightly higher than the County median income, which stood at $36,000 for the same time period. In 2000, median household income had risen to $48,316. The following Table lists the number of households in each income range in 2000. Table III-16 City Household Income Distribution,2000 Income No. of HH % of Total Less than $10,000 1,413 6.5% 10,000-14,999 1,043 5.4% 15,000-24,999 2,128 11.0% 25,000-34,999 2,306 11.9% 35,000-49,999 3,111 16.1% 50,00-74,999 3,715 19.2% 75,000-99,999 1,938 10.0% 100,0004149,000 1,919 9.7% $150,000-$199,999 815 4.2% $200,000 + 982 5.1% Total 19,370 100%* Source: 2000 U.S. Census *Differences due to rounding. The Census identified 538 families living below the poverty level in Palm Desert in 2000, of which 158 were female-headed households. Of the total female-headed households, 107 had children. Housing Element III-1 I 4 TN/City of Palm Desert General Plan/Housing Element Employment and Major Employers The Census data also provided information on employment distribution in 2000. Of a total workforce of 17,384, the largest sectors for employment were retail trade and services. Table III-17 City Employment by Industry, 2000 Industry No. of % of Total Em ployees Agriculture/Forest/Fish/Mining 82 0.5% Construction 1,427 8.2% Manufacturing, Durables 492 2.8% Wholesale Trade 390 2.2% Retail Trade 2,167 12.5% Transportation, warehousing & utilities 530 3.0% Information 372 2.1% Finance, insurance & real estate 1,705 9.8% Professional, scientific, management & administration 1,806 10.4% Educational, health & social services 3,051 17.6% Arts, entertainment, recreation, accommodation & food service 3,760 21.6% Other services (except public administration 992 5.7% Public Administration 610 3.5% Total Employment by Industry 17,384 100% Source: 2000 Census Housing Characteristics The 2000 Census showed a total of 28,071 housing units in the City in 2000, while the DOF estimates that the City has 34,329 housing units in 2009, as demonstrated in Table II1-18. Housing Element til-12 r TN/City of Palm Desert General Plan/Housing Element Table I11-18 City Housing Characteristics Units in Structure 2000* 2009** Single Family, detached 11,120 13,571 Single Family, attached 9,551 9,697 2-4 Units, Multi-family 2,463 2,541 5+ Units, Multi-family 3,738 57208 Mobile homes 1,199 3,312 Total 28,071 34,329 *Source: 2000 US Census **Department of Finance, January 2009 estimates Age of Housin Stock tock The Census identified a total of 19,299 occupied housing units in 2000. Of these, 7,888 were built before 1980, while 11,411 were less than 20 years old. From 2000 to 2009, an additional 6,258 units were constructed, of which 4,321 are estimated to be occupied. Table III-19 Age of Occupied Housing Units Year Built No of Units % of Total 2000-2009 4,321 18.3% 1999-2000 372 1.6% 1995-1998 1,292 5.5% 1990-1994 2,416 10.2% 1980-1989 7,331 31.0% 1970-1979 4,343 18.4% 1960-1969 2,351 10.0% 1940-1959 1,106 4.7% Before 1940 88 0.4% Total 23,620 100% Source: 2000 U.S.Census,Department of Finance 2009 Vacancy Status The 2000 Census showed a total of 8,701 of the City's total 28,071 housing units to be vacant, for an overall vacancy rate of 31.2%. Correcting for seasonal or recreational units, which are considered vacant by the Census but are not available or used for permanent occupancy, the vacancy rate decreased to 6.3% in 2000. In 2009, the DOF estimates that 30.94% of the City's housing stock is vacant, which adjusted for seasonality, results in a net vacancy rate of 5.98%. The vacancy rate in the City has remained consistent during the last eight years. Housing Element 111-13 t TN/City of Palm Desert General Plan/Housing Element r Table III-20 Vacancy Status—2000 Unit Type No. of Units % of All Vacant Units For Rent 562 6.4% For Sale 351 4.0% Rented or Sold, not occupied 192 2.2% Seasonal, Recreational or Occasional Use 7,005 79.9% For Migrant Workers 0 0.0% Other Vacant 662 7.5% Total 8,772 100% Source: 2000 Census Housing Tenure Housing tenure for occupied units only in 2000 is shown in Table III-21. Table III-21 Housing Tenure—2000 Unit No. of Units % Owner Occupied 12,964 67.2% Renter Occupied 6,335 32.8% Total 19,299 100% Source: 2000 Census Overcrowding The California Department of Housing and Community Development (HCD) establishes a standard of 1.01 persons per room as the criteria for defining "overcrowded" housing conditions. Overcrowding is one of the specifically identified issues that must be addressed in the Housing Element. Table III-22 illustrates the Census estimates for persons per room. The Table illustrates that a total of 977 housing units in Palm Desert were overcrowded in 2000, representing 5.1% of the total occupied housing units in the City. Of the overcrowded units, 678 were renter-occupied, and 299 were owner-occupied. Housing Element Ill-14 r TN/City of Palm Desert General Plan/Housing Element Table III-22 Overcrowding, 2000 Persons/Room No. of HH Owner-Occupied Units 0.50 or less 10,938 0.51 to 1.00 1,727 1.01 to 1.50 180 1.51 to 2.00 87 2.01 or more 32 Renter-Occupied Units 0.50 or less 3,830 0.51 to 1.00 1,827 1.01 to 1.50 278 1.51 to 2.00 249 2.01 or more 151 source: 2000 Census Housing Values The 2000 Census estimated values for owner-occupied single family homes in the City. These are listed in Table III-23. Table HI-23 Values, Specified Owner-Occupied Housing Units,2000 Value Number Less than $50,000 86 $50,000 to 99,999 1,056 $100,000 to 149,999 2,714 $150 000 to 199,999 1,982 $200,000 to 299,999 2,554 $300,000 to 499,999 1,743 $500,000 to 999,999 647 $1 000 000 or more 152 Source: 2000 Census The median housing unit value in 2000 was $189,100. For renters, the median contract rent at that time was $744.00. Current housing values and rental rates are further discussed below in the section titled "Economic Constraints". Housing Element 111-15 TN/City of Palm Desert General Plan/Housing Element EXISTING AFFORDABLE HOUSING PROGRAMS There are a number of projects and programs available in Palm Desert which provide a variety of services to the City's residents. In addition, regional, state and federal programs can also be accessed within the community. This section of the Housing Element provides a summary of programs available by a number of agencies. City Programs The City's affordable housing programs are provided through its Redevelopment Agency. The Agency maintains a Five Year Implementation Plan which includes an Affordable Housing Strategy & Compliance Plan. The latter provides specific allocations for assistance programs for the period from 2006 through 2014, which are briefly described below. Rental Assistance Program Owners of single-family homes, condominiums, mobile homes or apartments who rent to very low, low, and moderate income tenants may receive direct rental payment assistance from the Agency. The owner must, in exchange for the assistance, enter into a recorded agreement with the Agency assuring affordability of the rental units for 55 years. Acquisition, Rehabilitation and Resale This program allows the Agency to purchase existing market rate single family units, rehabilitate and refurbish them, and re-sell them to lower income households with affordability covenants. The Agency has completed three (3) units through this program. This program is also the funding mechanism established to repurchase single family units that are restricted as affordable in the event a qualified buyer cannot be identified prior to the expiration of the Agency's option to repurchase. The Agency opts to repurchase these units in order to maintain affordability of the unit and currently has five (5) such homes awaiting qualified buyers. Mortgage Assistance Program Very low, low, and moderate income owners of single-family homes, condominiums and mobile homes may receive assistance if their mortgage payment exceeds 30% of their income. Assistance is provided directly by the Redevelopment Agency. In exchange for the assistance, the home owner is required to enter into a recorded agreement with the Agency assuring affordability of the home for 45 years. This program is also the funding mechanism established in order to preserve Indian Springs Mobile Home Park's affordability. The City received a request from the current Owner to convert Indian Springs Mobile Home Park into a resident-owned development. The tentative Tract Map 31862 has been approved and currently the subdivision is pending DRE submission and approval. The City of Palm Desert and the Palm Desert Redevelopment Agency, will offer purchase money financing to certain extremely low, very low and low income households for the purchase of real property during the upcoming planning period. Housing Element III-16 TN/City of Palm Desert General Plan/Housing Element Homebuyers Assistance Program The Agency will provide assistance to very low, low, and moderate income persons in the form of low interest loans to be applied to down payment, non-recurring closing costs, reduction of the interest rate on the first trust deed, or any other cost associated with the purchase of a home, condominium or mobile home. There are currently 303 homes in this program. Self-Help Housing The City and Agency will assist very low, low and moderate income households in constructing and purchasing their own home on existing lots of record within the City. There are currently 17 contracts with individual households in place for such assistance during this planning period, and funding has been allocated throughout the planning period. During the previous planning period, the Agency also set aside 14 lots for a future self-help development along Merle Drive, and in 2009 completed a Request for Proposals (RFP) for development. No responses were received for the RFP. Staff will revise the RFP to include assistance to the homebuyers for their down payment or closing costs and re-advertise the opportunity. Home Improvement Program The Agency assists very low, low and moderate income households with home repairs by providing grants and low interest loans to program participants. The program has eight (8) components: • The Emergency Grant Component allows up to $7,500 for very low and $5,000 for low income households for emergency repairs to their homes. • The Rehabilitation Grant Component will grant up to $20,000 for home improvements to very low income households. • The Matching Fund Grant Component will match up to $5,000 in home improvements with a homeowner who contributes the same amount or more to the improvements. This grant is available to very low and low income households. • The Rehabilitation Loan Component allows up to $35,000 for active loans and $45,000 for a deferred loan for home improvements to low and moderate income households, respectively. • The Drought Tolerant Landscape Retrofit Loan Component allows up to $7,500 in improvements that intend to reduce the consumption of a natural resource for very low, low and moderate income households. • The Make a Difference Volunteer Assistance Component organizes community involvement through volunteers for very low, low and moderate income households. • The Acquisition, Rehabilitation, Resale Component allows the Agency to acquire properties available on the market for the purpose of rehabilitation and resale to a qualified household. • The Lead and Asbestos Abatement Component will grant $7,500 to remove lead and asbestos from the homes of very low and low income households. Housing Element 111-17 TN/City of Palm Desert General Plan/Housing Element County and Federal Programs There are numerous programs available to provide rental assistance and to encourage the construction of new affordable housing. The following programs are available in the City of Palm Desert: Section 8 Housing Assistance The Riverside County Housing Authority provides HUD Section 8 rental assistance to lower income renters within the City. The Authority annually subsidizes approximately 50 households in the City. Fair Housing Programs The City works with the County of Riverside Fair Housing Chapter to provide anti- discrimination, landlord-tenant mediation, fair housing training and technical assistance, enforcement of housing rights, administrative hearings, home buyer workshops, lead-based paint programs, and other housing related services for City residents. AFFORDABLE HOUSING DEVELOPMENTS The City of Palm Desert Redevelopment Agency purchased 8 housing complexes in 1998 to provide a wide range of housing for lower income residents. Since that time, an additional 7 complexes have either been acquired or constructed by the Agency in the City. Each of these complexes is described below. Agency Owned Family Apartments One Quail Place provides 384 one and two-bedroom apartments available to lower income ranges. There are 279 very low, 81 low, and 18 moderate income households currently living in the complex. Desert Pointe is a 64 one and two-bedroom unit project which currently houses 51 very low- income households, 6 low-income households, and 2 moderate income households. Neighbors Garden Apartments has a total of 24 two-bedroom units, 21 of which are rented by very low-income households, 1 of which are low-income tenants, and 1 is rented to moderate income tenants. Taos Palms provides 16 two-bedroom units to 6 very low, 9 low and 1 moderate-income households. California Villas is a 141 unit project which provides one bedroom units to 107 very low, 16 low and 9 moderate income households. The complex was acquired in March 2003. Laguna Palms provides 48 units which include 4 studios, 16 one bedroom and 28 two bedroom units to 39 very low income, 7 low income and 1 moderate income tenants. The complex was acquired in July 2003. Housing Element 111-18 c TN/City of Palm Desert General Plan/Housing Element Country Village Apartments was acquired as a 66 studio property and converted to provide 72 senior units, of which 30 are occupied by very low income households, 30 by low income households, and 12 by moderate income households. The complex was acquired in September 2005. Sagecrest Apartments is a 15 unit project which provides two bedroom units to 5 very low, 9 low and 1 moderate income households. The property was acquired in February 2008. Agency Owned Senior Apartments The Pueblos originally provided 15 units. In 2008 the Agency acquired an adjacent property and combined the complexes for a total of 18 one-bedroom, I three bedroom unit for a total of 19 units to 15 very low, 3 low and I moderate income senior households. Catalina Gardens provides 72 studio and one-bedroom apartments to 62 very low, 6 low, and 3 moderate income senior households. Las Serenas Apartments has 150 one-bedroom units rented to 121 very low-income, 17 low- income, and 6 moderate-income seniors. Candlewaood Apartments provides a total of 30 one and two bedroom units to 26 very low, 3 low and I moderate income senior households. Affordable Units Built in the 2006-2014 Planning Period Palm Village Apartments provides 36 two bedroom units for 29 very low, 5 low and 2 moderate income household. The project consists of new construction, and was completed in November 2007. La Rocca Villas provides 27 one bedroom units for 21 very low and 6 low income senior households. The project was newly constructed, and opened in November of 2007. Affordable Ownership Projects Desert Rose, a 161 unit single-family project, was developed in 1996. The units are restricted for a period of 30 years to purchasers in the very low, low, and moderate-income categories. The project includes 25 very low income, 100 low-income and 36 moderate-income households. Facilities within the project include community recreation and daycare. The Rebecca Road and San Marino Homes were part of the Acquisition Rehabilitation Resale program. Three single-family homes were rehabilitation and resold with resale restrictions for low and moderate income households. Housing Element III-19 t TN/City of Palm Desert General Plan/Housing Element Coachella Valley Housing Coalition constructed a total of 11 self-help homes restricted to very , low and low income households, that purchased the homes through low interest loans and sweat- equity programs. Habitat for Humanity constructed 6 single-family homes, which are restricted to very low- income households, that were purchased through low interest loans and sweat-equity programs. Building Horizons homes were built as part of a vocational high school program, and provide 2 single-family homes for low-income households, with 30-year resale restrictions. Falcon Crest provides 93 single family homes for 13 low and 80 moderate income households. The project includes resale restrictions for a 45 year time period. Portola Palms Mobile Home Park includes 23 mobile homeowners, 16 of which are very low income, and 7 of which are low income. The project includes resale restrictions for 30 years. Other Affordable Projects The Regent (formerly Sevilla or San Tropez) Apartments has 512 one and two-bedroom units, 103 of which must be restricted to low income households, in exchange for participation in the City's Density Bonus Program. The balance of the units are available to market households. Hovley Gardens is a private project which received Agency assistance and tax credits, and constructed 162 two, three and four bedroom rental units available to very low and low income households. The project was completed in 2003. Canterra, which consists of a total of 306 units, includes 31 units affordable to very low and low income tenants. The units were created through the City's density bonus program. The Agency hopes to double the number of affordable units within this project during this planning period (please see the policies and programs below). Villas on the Green, which consists of a total of 76 units, includes 15 studio and one bedroom units for persons over 55 years of age in the very low, low and moderate income categories. The units were created through the City's density bonus program. The Enclave, which consists of a total of 320 units, includes 64 one, two, and three bedroom units reserved for very low, low and moderate income households. The units were created through the City's density bonus program. The Vineyards, which consists of a total of 260 units, includes 52 one and two bedroom units reserved for for very low, low and moderate income households. The units were created through the City's density bonus program and the Agency has an option to purchase affordability of an additional 51 units in the future. Housing Element 111-20 t TN/City of Palm Desert General Plan/Housing Element a The City has also conditioned projects to provide affordable units within otherwise unrestricted projects, resulting in a total of 27 additional units affordable to very low, low and moderate income households throughout the City. Summary of Affordable Housing Developments The Agency owns and operates 1,111 multi-family housing units, and 481 units are owned and operated by third parties. There are an additional 303 ownership units for very low, low and moderate income households. CONSTRAINTS TO THE DEVELOPMENT OF HOUSING This section of the Housing Element analyzes the governmental, environmental, physical and economic constraints associated with the development of housing. These constraints can take many forms, but generally increase the cost of providing housing, which can have a potentially significant impact on affordable housing development. Governmental Constraints Permit Processing Palm Desert has historically provided expeditious processing for planning entitlements. The City encourages the concurrent processing of applications, and can complete the entitlement process on most projects in three to six months, depending on the approving body and the complexity of the application. The City's processes are not a constraint to the provision of affordable housing. Application Fees According to a Rose Institute study for the year 2007, Palm Desert's planning application and permit fees are the lowest of the Coachella Valley cities, and do not represent a constraint on the provision of affordable housing. Table III-24, below, illustrates typical permit fees. Table IH-24 City of Palm Desert Planning Department Fees Permit Type Fee General Plan Amendment/Change of Zone 1,230.00 Architectural Review(single family) 168.00 Conditional Use Permit or Precise Plan 2,915.00 Environmental Assessment 158.00 Tentative Tract Map 2,915.00 Parcel Map 950.00 Source:City u[Palm Descm 2008 General Plan and Zoning Ordinance Constraints The residential districts of the Land Use Element allow a broad range of densities for all types of development. The Low Density Residential category allows 0 to 4 units per acre; the Medium Housing Element III-21 t TN/City of Palm Desert General Plan/Housing Element a Density Residential designation allows 4 to 10 units per acre; and the High Density Residential designation allows 10 to 22 units per acre. The Land Use designations also include a High Density Overlay, which was specially created for University Park. This overlay has been placed on all land designated Medium Density Residential in the University Park area. This overlay allows these lands to be developed at High Density Residential densities. The City's Zoning designations parallel the General Plan, and include R-1, which allows up to 5 units per acre; the R-2 zone which allows up to 10 units per acre; R-3, which allows 17 units per acre; and the PR zone, which allows up to 25 units per acre for affordable housing projects. The Zoning Ordinance also includes density bonus provisions, the second unit standards, and a Senior Housing Overlay, which allows maximum flexibility in density because no density limit is specified, and each project is evaluated on its merits. The development standards in the Zoning Ordinance are also not restrictive, as shown in Table III-25, below. Table III-25 Minimum Development Standards for Residential Zones Standard R-1 R-2 R-3 PR Units per Acre 5 10 17 18-22 Lot Area 8,000 sq. ft. 8,000 sq. Ft. 10,000 sq. Ft. 2,500 s.f. Lot Width 70 feet 70 feet 90 feet 250 feet Lot Depth n/a 100 feet 100 feet n/a Building Lot Coverage 35% 50% 50% 40% Common Area N/A N/A 300 s.f./unit 40% Building Height 1 story/18 feet 22 feet 22 feet 24 feet Parking Required 2 spaces/unit 2 spaces/1 2 spaces/1 2 spaces/i covered covered covered Source:Ciry of Palm Desert Zoning Ordinance Infrastructure Requirements Most of the City is served by General Plan roads, water and sanitary sewer facilities. Individual development projects are required to connect to water and sewer facilities, and are also required to improve roadways in and adjacent to the project. Adjacent roadways must be improved to their ultimate half width, and include curb, gutter and sidewalk. Roadway standards for local or neighborhood streets that allow parking on both sides must have a paved width of 40 feet. The City will also allow deviations to these standards, including the narrowing of streets if on-street parking is restricted. Public Works Fees Table TII-26 depicts the City's Public Works fees, which include those fees associated with site preparation and infrastructure. Housing Element lit-22 i TN/City of Palm Desert General Plan/Housing Element Table II1-26 Public Works Fees Grading Plan Check (per plan) $775.00 1513 acres $310/acre ea. add. acre Subdivision Plan Check $1,550 up to 8 lots; $78/lot each add. SWPPP/NPDES Plan Check $137.00/acre PM10 Plan $258.00 %2 Street Improvement Plan Check $1,500.00/1000 LF Storm Drain Plan Check $1,290.00/1000 LF Signing and Striping Plan Check $882.00 Traffic Signal Plan Check $1 176.00 Faithful Performance Bonds 100% of Public Improvements Labor & materials %2 FPB 25% of Grading Signalization Impact Fee $50.00/unit Drainage Impact Fee $1,000-$1,500/ac. (based on location) MSHCP Fee 8-14 d.u./acre $533 14+ d.u./acre $235 WQMP Fee $2,000 deposit Because individual projects vary greatly, it is not possible to determine an average cost per unit based on Public Works fees, however, the limited impact fees charged by the City make it one of the less costly in the Coachella Valley in which to develop. These fees are not a constraint on the development of affordable housing. Building Code Requirements As with most communities in California, the City has adopted the California Building Code (CBC), and updates the Code periodically as State-wide updates are developed. Currently (2010), the City is enforcing the provisions of the 2007 CBC. The City cannot adopt standards that are less stringent than the CBC. Since all communities in the State enforce similar provisions, the City's CBC requirements are not an undue constraint on the development of affordable housing. Building Permit Fees The Building Department charges on a per square foot basis for building permit plan checks and inspections. For single family homes, the architectural and structural charge is $0.33 per square foot for plan check, and $1.10 per square foot for inspection. For multi-family residential units, the architectural and structural plan check fee is $0.28 per square foot for projects less than 15,000 square feet, and $0.25 per square foot for project of more than 15,000 square feet. Inspection fees are $0.35 per square foot for the smaller projects, and $0.29 per square foot for the larger projects. In all cases, whether single family or multi-family, additional charges apply for plumbing and electrical inspections. In addition to the City's fees, residential developers are responsible for the payment of the State mandated school fees, as well as connection and/or metering fees for public utilities. These fees Housing Element lit-23 s TN/City of Palm Desert General Plan/Housing Element vary somewhat from one provider to the next, but since many of the utilities in the Coachella Valley serve all the cities, the fees are consistent throughout the area. Policy 6 of this Housing Element allows the City Council to waive fees for affordable housing projects on a case by case basis. Economic Constraints Economic constraints are those associated with the cost of land and construction, and the ability to finance any housing, ranging from single family homes to larger apartment or condominium projects. The cost of land varies somewhat from City to City in the Coachella Valley, but the cost of construction, and the ability of homes and projects to financed, is regional in nature. Land and Housing Costs During the recent economic boom, land costs rose significantly throughout California. The cost of land has the potential to impact the overall cost of housing. Finished lots in Palm Desert can cost from $50,000 to over $200,000, depending primarily on location. Infill lots in the southern portion of the City are most difficult to find, as the City's core is mostly built out. The median cost of existing single family homes in Palm Desert has been significantly affected by the current economic downturn, standing at $253,519 for new homes, and $307,232 for existing homes in the second quarter of 2009. The median price of new homes in the second quarter of 2007 was $420,000 for new homes, and $454,064 for existing homes. Therefore, home prices have dropped 36% in two years. The 2000 Census identified that the median rental rate in the City in 2000 was $735. In order to update this information to current (2010) conditions, representative rental rates for non- subsidized apartments were collected, and are provided in Table III-27, below. Table III-27 Representative Apartment Market Rental Rates in Palm Desert, 2010 Project Name Unit Size Market Rental Rate The Regent 1 &2 Bdrm $845-$1,450 Desert Fountains Studio& 1 Bdrm $7204899 Desert Oasis Studio, 1, 2 & 3 Bdrm $630-$1,479 The Enclave 1, 2 &3 Bdrm $990-$1,580 The Vineyards 12 & 3 Bdrm $925-$1,750 Royal Palms 2 Bdrm $895 Construction Costs Construction costs have been similarly affected by current economic conditions. Single family construction costs range from $95 to over $200 per square foot (excluding site improvements), varying based on the size of the home and the materials selected. Multi-family construction costs generally range from $90 to $150 per square foot. Housing Element Ill-24 1 1 TN/City of Palm Desert General Plan/Housing Element Financing Costs The cost of financing can also impact the development community's ability to fund projects. The current mortgage crisis has made single family loans extremely,difficult to secure. Although this condition is not expected to continue through the entire planning period, the duration of the current economic downturn could impact the ability of developers to fund and construct affordable housing in the City. Physical Constraints Age of HousingStock tock The City's housing stock is relatively new. As shown in Table III-19, above, 7,888 existing housing units in the City are over 30 years old, representing 34% of the housing stock. Maintenance in the City is not a significant issue, however, and the Redevelopment Agency has programs in place to assist lower income households with home repairs and improvements. Environmental Constraints The City is identified as Zone III and IV in the Uniform Building Code for seismic activity. The UBC imposes certain standards for construction in these zones, which may add to the overall costs of housing. These standards, however, are necessary for the public health and safety, and are common throughout the Coachella Valley and California. The standards required to protect the City's residents from seismic hazards are not considered a constraint to the provision of housing. Energy Conservation In addition to the requirements of Title 24 of the Building Code, the City has enacted additional energy efficiency requirements, water conserving landscaping requirements, and has a number of energy conservation programs for residents. Although the cost of installation of energy efficient, "green" or similar products in a home or apartment may increase the initial cost, the affordable housing providers who participated in the City's workshops for this Housing Element clearly indicated that the cost differential was becoming smaller as technologies improved; and that the long term benefit to the home owners or renters was worth the added initial expense. These developers, and the City's Redevelopment Agency, implement energy conserving construction to the greatest extent possible in their projects. Housing Element III-25 L TN/City of Palm Desert General Plan/Housing Element HOUSING NEEDS SPECIAL HOUSING NEEDS This section of the Housing Element quantifies households with special needs such as farmworkers, the homeless and the elderly living in the City. These households can have housing needs which may be more difficult to address, and which require special attention. Farm Workers In 2000, there were 22 persons employed in "farming, fishing, and forestry" in the City, down from over 200 in 1990. The City's continued urbanization has eliminated farming activities in the City. Agricultural activities are focused on the east end of the Coachella Valley. As such Palm Desert is not an employment center for agriculture. Homeless The Riverside County Department of Public Social Services completed a homeless count in 2009 for all cities in the County. That effort identified 38 homeless persons in Palm Desert. A number of organizations provide services to the homeless throughout the Coachella Valley. In addition, Shelter From the Storm, which operates battered women's shelters in several cities in the Valley, operated a transitional facility in the City for 20 women and their children. The City is also participating in the Coachella Valley Association of Governments' (CVAG) Homelessness Strategic Plan, which has established a regional shelter for 125 homeless persons. The shelter will also provide a central location for service providers to assist with transportation, health care, mental health services, child care, and other social services. The Strategic Plan also includes goals to establish 225 emergency shelter beds (doubling the current size), 225 transitional housing units, 200 supportive housing units and 200 rental units in the western Coachella Valley by 2010. The City permits homeless shelters as Conditional Uses in the R-2 and PRD Zones. This is no longer consistent with state law, and a program has been added which requires amendment of the Zoning Ordinance to allow homeless shelters by right in the Industrial zone. There are 168 acres of serviced, vacant land in this zone in the City. The Industrial zone is appropriate for such facilities because these lands are located on transit lines, near commercial and school sites, and in areas where other governmental services are available. Similarly, the City's Zoning Ordinance does not define or include single room occupancy facilities or transitional housing, and the program includes the modifications required to assure compliance with the law. The Elderly In 2000, the City had 11,339 persons over the age of 65, representing 27.6% of the population. These seniors were in a total of 7,356 households. The Census further indicated that there were 6,176 owner-occupied senior housing units, and 1,661 renter-occupied housing units. There are six senior apartment projects in the City which are owned by the Agency, providing 308 units for very low, low and moderate income senior households. Nursing care facilities in Housing Element I1I-26 TN/City of Palm Desert General Plan/Housing Element the City include the Carlotta, with 192 beds; Manorcare Health Services, with 178 beds; and Monterey Palms, with 99 beds. Disabled Persons The 2000 Census identified 7,833 persons in the City with disabilities, of which 3,505 were persons over the age of 65. The California Building Code requires that all new multi-family construction include a percentage of units accessible to persons with disabilities. The City of Palm Desert Building Department requires compliance with these standards as part of the Building Permit review and inspection process. The City's affordable housing projects include units for persons with disabilities. Large Families The 2000 Census indicates there were 1,052 households with five or more persons in the City. The Census further indicated that 589 of these households lived in owner-occupied housing units, and 463 lived in renter occupied housing units. The Census also identified a total of 1,879 housing units with 4 or more bedrooms. The stakeholders' workshop conducted in February 2008 in preparation for this Housing Element update revealed that local affordable housing providers, including the Coachella Valley Housing Coalition, are finding that the need for larger units, although not eliminated, has been reduced in recent years. A drop in the number of children per family, and an attitudinal change in multi- generational living were theorized to be the reasons for the lower demand for these units. Single-Parent Families 1,165 single-parent families resided in the City in 2000, 328 of which were composed of a male head of household, and 837 of which had a female head of household. Affordable Units at Risk The Regent Palm Desert apartments, formerly the Sevilla or Saint Tropez apartments, include 103 units restricted to low income households. This project, privately owned, is at risk of eliminating the affordability restrictions during the planning period. The City has been in discussion with the owner of the project, and will make every effort to assure the long term affordability of these 103 units. Riverside County Income Limits Income limits for affordability are established annually on a regional basis by the Department of Housing and Community Development. Table III-28 provides the current (2009) income limits applicable in Palm Desert. The median household income for a family of four in 2009 is $64,500. Housing Element 1❑-27 s TN/City of Palm Desert General Plan/Housing Element Table III-28 Riverside Co nty Housing Program Income Limits 2009 Number of Persons in Family Income Category 1 2 3 4 Extremely Low $14,000 $16,000 $18,000 $20,000 Very low $23,300 $26,650 $29,950 $33,300 Low $37,300 $42,650 $47,950 $53,300 Moderate $54,200 $61,900 $69,650 1 $77,400 Median $45,150 $51,600 $58,050 1 $64,500 Source: HUD and HCD 2009 Households Overpaying for Housing When a household pays more than 30% of its income toward its housing expenses, it is considered to be over-paying. The 2000 CHAS Databook identifies the following households overpaying for housing: Table III-29 Overpayment by Income Level 2000 Household Type Low Very Low Extremely Income Income Low Income Total Renter Occupied 330 475 423 Elderly renters 230 260 230 Small family renters 90 205 168 Large family renters 10 10 25 Total Owner Occupied 1,790 649 450 Elderly owners 1,020 480 300 Small family owners 706 119 95 Large family owners 64 50 55 Affordability of Housing In order to determine the level of affordability for market housing in Palm Desert, a comparison of for-sale and for-rent market housing was undertaken. Table III-30 illustrates that the moderate income household of 4 in Palm Desert is able to find rental housing well within its ability to pay, but falls $83 per month short in being able to afford to purchase a median priced home. The Table demonstrates that both rental and purchase units are affordable to moderate income households in the City,. Housing Element Ill-28 TN/City of Palm Desert General Plan/Housing Element Table III-30 Affordability of Housing 2010 Type of Housing Cost Ownership Rental Median Single Family $280,000 N/A Purchase Price Median Mortgage Costs $1,400 N/A (PITI) Rental Rate N/A $1,150 30% of Moderate $1,613 $1,613 Household Income Affordability Gap $213 $463 Regional Housing Needs Allocation The State and Southern California Association of Governments develop housing allocations for each Housing Element planning period. For the 2006-2014 planning period, Palm Desert's share of the Regional Housing Needs Allocation(RHNA) is: Table IIl-31 RHNA by Income Category, 2006-2014 Units Extremely Low 553 Very Low Income 552 Low Income 759 Moderate Income 847 Above Moderate Income 1,875 Total Units Needed 4,586 Quantified Objectives Table IIl-32 Quantified Objectives Matrix, 2006-2014 Income Category Very Low Low Moderate High Total New Construction 1,005 659 697 1,875 4,286 Rehabilitation* 100 100 150 0 350 Conservation 20 20 1 20 1 0 60 *Includes 350 market units to be purchased,rehabilitated,and converted to affordable housing units by the Redevelopment Agency. Housing Element Ill-29 TN/City of Palm Desert General Plan/Housing Element LAND INVENTORY Since preparation of the 1998-2006 Housing Element, State law has changed to require specific analysis, on a parcel level basis, of lands available for the development of housing in the City. The City's Regional Housing Needs Assessment for 2006-2014 estimates that a total of 4,586 housing units will be built in the City. Of these, 1,875 are expected to be constructed for those of above moderate income, and 847 for moderate income households. These units are expected to be market-driven, and constructed in the single family homes traditionally built in the City. The remaining 1,864 housing units are to be provided for those of extremely low, very low, and low incomes. Land in the southern portion of the City is mostly built out, with only infill development opportunities available at higher densities. The Land Use Element includes the University Park area, which is designed to accommodate this higher density. Table III-33 lists the available vacant lands in the City by Assessor's Parcel Number, provides the size of each parcel, and the potential number of units that could be developed on that parcel. It must be noted that the General Plan land use designations applied in 2004 have not been reflected to the Zoning Map. As a result, parcels shown in the Table as PC (Planned Commercial), are designated Medium Density/High Density Overlay in the General Plan, and will require Zoning Map amendments. The requirement for Zoning Map amendments is provided in the policies and programs of this Element. Housing Element ❑1-30 TN/City of Palm Desert General Plan/Housing Element Table III-33 Inventory of Available Vacant Lands Assessor's Parcel No. Zone Size (Acres) Potential Units 694-130-017 D PC" 10.21 176 694-130-021 G PC* 24.16 200 694-130-018 D PC' 3.48 72 694-190-008 H PC' 15 of29.36 160 694-200-014 J PC" 11.46 194 694-130-012 E PR-5 33.71 235 694-130-003 F PC" 18.92 302 685-010-005 A PC" 15 432 694-310-001 &005 B PR-5 35 520 694-120-012 C PC" 10 200 627-273-018 R-3 0.3 7 627-273-005 R-3 0.3 7 625-171-001 R-3 0.3 7 627-121-044 R-3 0.25 6 627-121-045 R-3 0.25 6 627-301-022 R-3 0.31 7 627-153-007 R-3 0.22 5 627-101-033, -038,-039,-002,-017 OP* 1.64 22 627-041-010 through 013, -29,031 -033 OP' and R-2 1.20 19 627-051-002 R-2 0.16 2 627-031-030 R-2 0.17 2 627-052-006 R-2 0.17 2 627-52-031 R-2 0.16 2 627-52-033 R-2 0.16 2 627-084-001 R-2 022 2 627-084-003 R-2 0.19 2 627-182-004 R-1 0.20 1 627-182-005 R-1 0.20 1 627-182-006 R-1 0.17 1 627-351-042 R-2 0.20 2 627-351-019 R-1 0.17 1 625-224-001 R-1 0.19 1 625-126-009 R-3 0.14 2 625-061-018 R-1 0.15 1 625-021-008 R-1 0.19 1 625-031-011 R-1 2.20 1 625-032-011 R-1 0.21 1 624-241-008 R-1 0.12 1 Total Units 2,605 *Requires re-zoning. Property designated Office Professional or Medium Density Residential / High Density Overlay in General Plan As shown in the inventory, approximately 2,605 units could be constructed on lands which are currently available for multiple family residential development. In addition to the vacant lands included above, the Redevelopment Agency currently has commitments for an additional 103 units at the Vineyards project, located at the northwest corner of Frank Sinatra Drive and Cook Housing Element Ill-31 TN/City of Palm Desert General Plan/Housing Element Street, as well as 21 additional units at Emerald Brook,located on the north side of Frank Sinatra Drive, west of El Dorado; and 31 units at the existing Canterra project; and has produced 88 units between June of 2006 and June of 2008, in this planning period (see Existing Housing Projects,below). Finally,the Redevelopment Agency continues to identify and purchase existing market rate apartment projects for conversion to affordable housing units (See Redevelopment Agency Funding section, below), and anticipates the purchase and conversion of 350 units during this planning period. Therefore, this Element identifies available lands or commitments and existing projects totaling 3,095 units or more,which is more than sufficient to accommodate the very low and low income units assigned to the City in the RHNA for 2006-2014. Housing Element 111-32 i TN/City of Palm Desert General Plan/Housing Element REDEVELOPMENT AGENCY FUNDING In order to achieve the units identified in the RHNA, and assure that the lands shown in the Table III-33 are developed, Redevelopment Agency participation will be necessary. As part of this Housing Element update, the Agency prepared projections of revenue and expenses for the period from 2006 through 2014. The Agency receives approximately $16 million annually in housing set aside funds. The projections are provided in Table 111-34, below The projects shown in the Table reflect the City's current Implementation Plan allocations for the short term. The estimates shown for 2011 through 2014 are estimates based on projected revenues, and may change based on actual revenues and Agency Board allocations and priorities, and upon the specific projects submitted for consideration. Programs include: Acquisition, Rehab & Resale, Home Improvement Program, Home Buyer Assistance Program, Rental Assistance Program, Self Help Housing, Mortgage Assistance Program, Multi-Family Assistance Program, and Costs to Maintain Affordability. Housing Element III-33 TN/City of Palm Desert General Plan/Housing Element Table 111-34 Redevelopment Agency Funding CASH BONDS Revenue Expenditures Revenue Expenditures Beginning Balance 21,004,163 4,405,871 2006 11,055,874 Programs(() 1,028,012 Capital Improvements(2) 6,804,853 3,899,330 Acquisitions(') 4,614,027 Owner Assisted Subsidies(4) 2007 16,740,186 49,231,539 Programs(') 279,610 Capital Improvements( ) 3,662,550 8,960,064 Acquisitions(3) 5,153,978 Owner Assisted Subsidies(4) 809,559 2008 25,559,485 Programs(() 139,141 Capital Improvementsa) 19,664,349 7,488,269 Acquisitions(3) 1,667,148 Owner Assisted Subsidies(4) 2,418,442 2009 9,126,762 Programs(l) 338,272 Capital Improvements(Z) 2,507,613 3,261,281 Acquisitions(3) 2,403,369 Owner Assisted Subsidies(4) 2010 (s) (10,813,184) Programso) 2,219,033 Capital Improvements(') 803,971 Acquisitions(3) Owner Assisted Subsidies(4) 2011 7,017,367 ProgramsM 2,703,701 Capital Improvements(2) 950,000 20,000,000 Acquisitions(3) 1,844,631 Owner Assisted Subsidies(4) 16,233,941 Housing Element 111-34 TN/City of Palm Desert General Plan/Housing Element 2012 4,644,299 40,000,000 " Programs(l) 911,000 Capital Improvements(') 6,000,000 40,000,000 AcquisitionsM 2,000,000 Owner Assisted Subsidies(4) 2,500,000 2013 4,867,268 Programs(l) 1,158,030 Capital Improvements(''-) 4,500,000 Acquisitions(3) 2,000,000 Owner Assisted Subsidies(4) 2,500,000 2014 13,690,637 Programso) 1,179,593 Capital Improvements(2) 5,262,587 AcquisitionsM 2,000,000 Owner Assisted Subsidies(4) 5,000,000 TOTALS(ALL YEARS) 102,892,857 101,229,044 93,637,410 93,637,410 Ending Balance 1,663,813 0 Notes: 1. Includes: Program 1D, Program 2A,Program 213, Program 3A,Program 313, Program 3C,and Program 3E. 2. Includes: Program M 3. Includes: Program 3D. 4. Includes: Program I and Program IC. 5.Adjusted for deferral of Housing Set-Aside Deposit to cover SERAF obligation. Loan to Agency due 6/30/2015. 'S40MM Bond issuance and subsequent project depends on viability of bond market. Housing Element 111-35 TN/City of Palm Desert General Plan/Housing Element PUBLIC PARTICIPATION The City held two community workshops at the beginning of the update process in February of 2008. These workshops were directed toward stakeholders and community members. The participants in these workshops expressed concerns about the need for social services in association with affordable housing, and the changes in the household types — toward smaller households in need of smaller housing units. These comments shaped the policies and programs in this Element. The City advertised the Housing Element workshop in the display advertising section of the newspaper, and mailed notices to the Coachella Valley Housing Coalition, Riverside County Housing Authority,Habitat for Humanity,and similar organizations. Several City Council and Planning Commission workshops were held to review the revisions to the Element, and the goals, policies and programs. The City will continue to advertise Housing Element hearings in the Desert Sun, and send notices to local affordable housing developers such as Palm Desert Development and the Coachella Valley Housing Coalition. Finally, public hearings were held before the Planning Commission and City Council for the adoption of the Element, in , 2011. Housing Element III-36 TN/City of Palm Desert General Plan/Housing Element GOALS, POLICIES AND PROGRAMS Goal 1 A variety of housing types that meet all of the housing needs for all income groups within the City. Goal 2 The preservation and maintenance of the high quality of the City's affordable housing supply. Policy 1 New affordable housing projects shall be encouraged in all areas of the City. Special attention will be made to distributing the units so that large concentrations of affordable housing in any one area are avoided. Program LA The Agency shall implement the following affordable housing projects during the planning period: • 31 units at Canterra Phase II • 21 units at Emerald Brook • 200 units at Dinah Shore and Portola • 72 units at Carlos Ortega Villas • 16 units at Sagecrest Apartments Responsible Agency: Redevelopment Agency Schedule: 2010-2014 Program 1.11 The Agency shall pursue the planning and implementation of the following project during the planning period: • 520 units that will include single family for-sale and multi-family for rent units at Gerald Ford Drive and Portola an additional 51 units at the Vineyards Responsible Agency: Redevelopment Agency Schedule: 2010-2014 Program LC The City shall encourage and facilitate the development by private parties of the following projects for very low, low and moderate income units: • 432 units at Key Largo Housing Element III-37 TN/City of Palm Desert General Plan/Housing Element • 194 units at Frank Sinatra and Cook Street • Approximately 302 units at Dinah Shore and 35t6 Avenue (southeast corner) • 52 units at Frank Sinatra and Cook Street("The Vineyards" /northwest comer) Responsible Agency: Redevelopment Agency Schedule: 2010-2014 Program 1.D The Agency shall continue to implement the Self Help Housing program, and shall identify 15 households to be assisted by the program in this planning period. Responsible Agency: Redevelopment Agency Schedule: 2006-2014 Program LE The City shall maintain its inventory of sites zoned for PR-7 and R-3, and shall encourage the incorporation of affordable housing units into these projects as they are brought forward. Responsible Agency: Planning Department Schedule: Ongoing as project applications are submitted Program IX In order to assure that sufficient lands are available for affordable housing projects described in Programs LA and 1.13, the City shall undertake or shall process private party Changes of Zone on the following parcels to provide zoning that is consistent with the General Plan and supportive of residential uses. Where necessary, General Plan amendments will also be undertaken: • The east side of Monterey, at the western City limits • 20 acres of land at the southeast comer of Gerald Ford and Portola • 10 acres of land at the northeast comer of Dinah Shore and Portola • 19.6 acres of land at the southwest corner of University Park Drive and Cook • 34 acres of land at the southwest corner of 35`h Avenue and Dinah Shore 19 acres of land at the southeast corner of 35" Avenue and Dinah Shore • The south side of Fred Waring Drive on the east side of San Pablo Avenue and on the west side of San Pablo north of Santa Rosa. Responsible Agency: Planning Department Schedule: 2011 Policy 2 The City shall encourage the rehabilitation of existing housing units through a variety of programs. Program 2.A The Agency shall annually fund an Acquisition, Rehabilitation, and Resale Program for 10 blighted homes each year. Responsible Agency: Redevelopment Agency Schedule: 2009-14 Housing Element 111-38 TN/City of Palm Desert General Plan/Housing Element Program 2.B The Agency shall annually fund the Single Family Rehabilitation Program and Housing Improvement Program, for 20 households each year. Responsible Agency: Redevelopment Agency Schedule: 2009-2010, Ongoing Program 2.0 The Agency shall pursue and utilize Neighborhood Stabilization Program (NSP) funding to the greatest extent possible, and shall use that funding to assist homeowners in the purchase and rehabilitation of blighted single family homes for up to four homes per NSP funding cycle. Responsible Agency: Redevelopment Agency Schedule: 2009-14 Policy- The City shall preserve existing affordable housing units. Program 3.A The Agency shall continue to subsidize existing affordable housing units in the City, including apartment units it owns now and in the future. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program 3.13 The Agency shall maintain the existing resale restrictions and other subsidies on its 303 ownership units. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program 3.0 The Agency shall maintain ownership of its 1,111 existing rental housing units in order to assure long term affordability for these projects. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program 3.D The Agency shall continue its program of acquiring market rate apartment projects for rehabilitation and conversion to affordable units, with the goal of converting 350 through the planning period. Efforts shall be focused on blighted properties in Palma Village, Redevelopment Project Area 4, and south of Highway 111 between Portola Avenue and Deep Canyon Road. Responsible Agency: Redevelopment Agency Schedule: 2006-2014 Housing Element 111-39 TN/City of Palm Desert General Plan/Housing Element Program IE The City shall encourage the preservation of existing mobile home parks by non-profit agencies or organizations, in order to preserve their affordability. Responsible Agency: Redevelopment Agency, City Manager's Office Schedule: Ongoing Program IF The Agency shall coordinate between affordable housing developers and social service agencies to encourage the integration of services such as child care,job training, vocational education, and similar programs into new affordable housing projects. For on-site child care, the Agency shall consider allocation of the City's Childcare Mitigation Fee to new projects which provide the service. Responsible Agency: Redevelopment Agency, City Manager's Office, Community Development Department Schedule: Ongoing Policy 4 The City shall continue to strive to meet the State-mandated special shelter needs of large families, female headed households, single parent families, senior citizens, and disabled individuals and families, and shall consider including units for such households in its projects. Program 4.A The City shall continue to enforce the provisions of the Federal Fair Housing Act. The City shall continue its referral program to the County Fair Housing Office, and shall maintain information at City Hall and the Agency's affordable housing complexes. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program 4.13 The City shall work with the Senior Center and other appropriate agencies in assisting whenever possible in the housing of disabled residents, through participation by the Redevelopment Agency. Responsible Agency: Redevelopment Agency, Senior Center Schedule: Ongoing Policy 5 The City shall strive to provide shelter for the homeless. Program 5.A The City shall continue to work with CVAG on a regional solution for homelessness, including the Multi-Service Center in North Palm Springs, and the beds and services it will provide. Responsible Agency: City Manager's Office, City Council Schedule: 2008-2014 Housing Element 111-40 TN/City of Palm Desert General Plan/Housing Element Program 5.B The City shall amend the Zoning Ordinance as follows: a. Allow emergency shelters by right in the Industrial zone, subject to design review; b. Transitional and supportive housing shall be subject to only those restrictions that apply to other residential uses of the same type in the same zone c. Define Single Room Occupancy facilities. d. Allow Single Room Occupancy facilities in the Industrial zone, subject to approval of a conditional use permit. The Zoning Ordinance shall be clarified to state that handicapped ramps are permitted in the front, side or rear yard setback of any residential structure. A reasonable accommodation procedure shall be established to provide exception in zoning and land use for persons with disabilities. Responsible Agency: Community Development Department Schedule: Ongoing Program 5.0 The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha's Village and Catholic Charities, to apply to the City for the assignment of CDBG funds for homeless services. Responsible Agency: City Manager's Office Schedule: 2003-04 Policy 6 The City shall continue to utilize restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval in order to preserve affordable for sale housing units for the long term. Program 6.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 30 households should be assisted every year. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program 6.B The Agency shall work with affordable housing organizations to preserve the affordability of the Regent Palm Desert project (formerly known as Sevilla or Saint Tropez), which is currently at risk of losing its affordability restrictions. The Agency may consider financial assistance or purchase, assistance in preparing applications for funding through state and federal programs for third party ownership, and other means to assure the long term affordability of the project. Responsible Agency: Redevelopment Agency Schedule: 2010-2011 Policy 7 The Redevelopment Agency shall annually allocate funds to eligible projects for review and consideration, in conformance with its Five Year Implementation Plan. Housing Element 111-41 TN/City of Palm Desert General Plan/Housing Element Policy S The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Policy 9 The City shall continue to address the needs of the senior population in development of housing. Program 9.A The City shall maintain the Senior Housing Overlay District and the Second Unit Housing standards in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Ongoing Program 9.0 The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Redevelopment Agency, Community Development Department Schedule: Ongoing Policy 10 The City shall implement the State's density bonus law. Policy 11 The City shall maintain the Rental Subsidy Program, the Mortgage Subsidy Program and the First Time Homebuyers Program. Policy 12 Promote the jobs/housing balance through the development of housing with convenient access to commercial land uses, schools, available public transport and employment centers. Policy 13 Encourage energy conservation through the implementation of new technologies, passive solar site planning and enforcement of building codes. Please also see the Energy and Mineral Resources Element. Program 13.A The City shall maintain an Energy Conservation Ordinance which mandates conservation in new construction beyond the requirements of the California Building Code. Responsible Agency: Planning Department Schedule: 2010-2011 Program 13.B The City shall encourage Green Building techniques, recycling in demolition, and the use of recycled, repurposed and reused materials in all new affordable housing projects to the greatest extent possible. Responsible Agency: Redevelopment Agency, Planning Department, Building Department, Public Works Department Schedule: Ongoing Housing Element Ill-42 ORMIlTo 1 1 ' . ' 1 ' . •1 �, A, E �{ 1 �•,L4 6n�Gi a4 k � f r h "•,� �, � ®moo � ik 3 ,. n All .s�'�j � T•�i= r , C(!� i � �'i�:C� � TN/City of Palm Desert General Plan/Housing Element Appendix A Land Inventory Aerials Housing Element Ill-44 c .r� 5 aa F MOM 17 MI c RIP I • 1 r u Lr '�• - AIL " ��� elf D. a j t d► SL W I I t ^^� r%ai L i4 5 SS Kra ART MEOW i • �Ca Y L • � ' - JAI or - I _ I I ��. +ram• ".��s-r'-� *::.,�. . �,: r Y ' I. ' A 9 i r _ _ - 1 ` or OF 4 - � r' 3 f r r EV FkV-A ' r Or Af "lid01 - 0 w ' •r 1 : It rP ar �� '- p ` LAME&, NMI 1 AV i E7 .1 4 ' 1 I 111 Medium Density & Mixed Use - Vacant Parcels 694190008 _ 29.36 MUiL_.—. Gerald,Ford�Dr. s �t . �~• � � •Vk Fla• to � •-�-.r���� , yQ Y , y r ; RM t� _ 694200014 11.46 r - 1 l N Map*2 I _ - \V©A AA SUR 77 17t' _ ►gyp . 1 :r ram► • �, � «. � ,,,- r-�`� - -�" } � is w .' � r.�s..y�.' � ��� �i �y� • loll — _�_�a i� � f^ YYYfff � y a — � , ii. K � I •• _. rp �l . i ti}� ' F p 71, rot- irillL leu .. Samf in ,a ¢,o 0 Z G I c •L M N •A L lop- In r e la N N to � N m � _wt t N N p � N w . m r i 3 AI �p 1�I'. F r'�~� ♦�� � .. y ,i -77 - a galMd iw♦T ✓ tl ; on al -'� a p .. i x- Ap LN As- LO 60 it s� p • lT Ya � � ; .W��M �t rt t C, s r COPY J TERRA NOVA PLANNING & RESEARCH INC June 24, 2010 RECEIVED JUN 2 5 2010 Ms. Cathy Creswell =NUW Deputy Director Division of Housing Policy Development California Department of Housing and Community Development 1800 Third Street, Suite 430 Sacramento, CA 94252 RE: City of Palm Desert Housing Element Update Dear Ms. Creswell: Please find attached the City of Palm Desert's Housing Element Update for the 2006- 2014 planning period. The Element has been updated to include the revised RHNA for 2006-2014; and includes the components required to meet the requirements of law, and bring the City into conformance for the current planning period. The Element does not represent a significant departure from previous policy, as the City had significant success in developing affordable housing in the 1998-2006 cycle. The City intends to continue with the policies and programs that were successful, and has maintained them in this draft. We look forward to receiving the Department's comments, and successfully completing the update process. Should you or your staff have any questions about the Element, please feel free to contact me at 760-320-9040. Sincerely, Nicole Sauviat Criste Principal CC: Lauri Aylaian, City of Palm Desert Ryan Stendell, City of Palm Desert 400 SOUTH FARRELL, SUITE B-205 0 PALM SPRINGS, CA 92262 0 (760) 320-9040 0 FAX (760) 322-2760 It7►L RICHARDS I WATSON I GERSHON Vre ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION 355 South Grand Avenue,40th Floor,Los Angeles,California 90071•3101 Telephone2l3.626.8484 Facsimile 213.626.0078 MEMORANDUM ATTORNEY—CLIENT PRIVILEGE CONFIDENTIAL TO: Lauri Aylaian,Director of Community Development Ryan Stendell, Senior Management Analyst FROM: David M. Snow \, Whitney G. McDonald CC: William L. Strausz DATE: February 22, 2010 SUBJECT: Administrative Mandate Procedure I. INTRODUCTION AND QUESTION PRESENTED The City of Palm Desert (City") has requested a brief outline of the procedures entailed with a petition for writ of administrative mandamus were one to be filed following the denial of a developer's application for certain entitlements to a development project. This memorandum provides such an outline. II. DISCUSSION A. The Petition Petitions for writ of administrative mandamus' are typically brought pursuant to Code of Civil Procedure ("C.C.P.")section 1094.5. That section governs actions seeking judicial review of an adjudicatory or quasi-adjudicatory decision by an agency where the agency is required by law to hold a hearing prior to issuing its decision. C.C.P. §1094.5(a).2 .If successful,the petitioner'obtains a peremptory writ,which is an order issued by a court to a lower tribunal (i.e. 1 The terms"mandate"and"mandamus"are used interchangeably and are essentially synonymous. C.C.P. §1084. 2 A similar statute governs challenges to legislative acts or decisions by legislative bodies that do not require a hearing. C.C.P. §1085. ' In writ proceedings,the person or entity bringing the challenge is referred to as the"petitioner,"the agency that is the subject of the challenged action is referred to as the"respondent,"and other parties with interest in a proceeding are called`real parties in interest." If,for example,a housing advocacy group challenged the City's approval of a developer's project,the advocacy group would be the petitioner,the City would be the respondent and the developer would a real-parry-in-interest. CONFIDENTIAL THIS MATERIAL 15 SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402-000fl1208761v2.doc CONTENTS HEREOF.DO NOT FILE WITH PUBLICLY ACCESSIBLE RECORDS. ' I RICHARDS I WATSON I GERSHON y ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE CONFIDENTIAL Lauri Aylaian February 22, 2010 Page 2 the City Council or Planning Commission), directing the agency to set aside its decision, reconsider its decision, or take other action as directed by the court. C.C.P. §I094.5(I). The typical statute of limitations for challenging a local agency's quasi-adjudicative decision by way of writ of administrative mandate is 90 days from the day the decision becomes final. C.C.P. §1094.6. When the decision is considered"final"depends on whether there is an applicable rule, statute, or ordinance providing for reconsideration of the decision and/or for a written decision or written findings supporting the decision. C.C.P. §1094.6(b). If neither such provision exists, the decision is deemed final on the date it is announced.' Id. If there is a provision for reconsideration, the decision is deemed final when the period within which the party may request reconsideration expires, or, if reconsideration is sought, when that reconsideration is rejected. Id. If there is a provision requiring a written decision or written findings,the decision is deemed final upon the date it is mailed (by first-class mail, postage prepaid, along with a copy of an affidavit or certificate of mailing)to the party seeking the writ. Id. Where the local agency has denied a party's application for a permit or other entitlement, the agency must also provide notice to the party that Code of Civil Procedure section 1094.6 governs the time period within which the party may seek judicial review of the denial. C.C.P. §1094.6(f). That notice must be mailed directly to the party,rather than to the party's attorney, in order to trigger the 90-day limitations period. Herman v. Los Angeles County Metro. Transp.Auth., '71 Cal.App.4th 819, 829 (1999). If the party also files a written request with the local agency to prepare the record of proceedings(discussed more fully below) within 10 days of the date the agency's decision becomes final, the time limitation for filing the petition for writ of mandate is extended to no later than 30 days after the date the record is delivered or mailed to the party or the party's attorney of record. C.C.P. §1094.6(d). ' If the decision is not announced at the close of the hearing,the date,time,and place of the announcement of the decision shall be announced at the hearing. C.C.P. §1094.6(b). CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY-CLIENT ANO/OR THE ATTORNEY WORN PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402-000n1208761v2.doc CONTENTSHEREOF.DONOTFILEWITHPUBLICLYACCESSIBLERECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE CONFIDENTIAL Lauri Aylaian February 22, 2010 Page 3 Prior to filing a petition for writ of mandate, the petitioner is generally required to exhaust all available administrative remedies' For instance, if the Planning Commission denies a petitioner's application for entitlements to a development project, and if the City's municipal code provides for an appeal of the Planning Commission's decision to the City Council,the petitioner must actually take that appeal. Courts treat the petitioner's failure to exhaust as a jurisdictional defect and will decline to hear the case, even if the administrative remedy is no longer available. Roth P. City of Los Angeles, 53 Cal.App.3d 679, 687 (1975). Upon filing the petition,the court has the authority to stay implementation of the agency's decision that the petition challenges, unless to do so would be against public interest. C.C.P. §I094.5(g). The petitioner bears the burden of proving entitlement to a stay and whether to grant the stay is within the court's discretion. Elizabeth D. v.Zolin, 21 Cal.App.4th 347, 354 (1993). The petitioner may join other causes of action in a petition for writ of mandate, including claims for damages or other equitable relief. Those causes of action are typically bifurcated from the writ portion of the petition and tried separately from, and after a decision is rendered on, the writ claim. B. The Record The evidence in a writ of administrative mandamus action is limited to the record of proceedings, sometimes called the"Administrative Record," that was before the agency at the time the decision was made. Code of Civil Procedure section 1094.5(e) expressly limits the court's review to the evidence included in the administrative record, except in very limited circumstances where (1) the evidence could not, with due diligence, have been produced at the administrative proceeding,or(2) the administrative body improperly excluded the evidence. Case law has interpreted these exceptions narrowly such that, to allow the court to consider evidence outside of the record,either(a) the petitioner must prove that the evidence could not, with due diligence, have been discovered and produced at the administrative hearing, or(b) the record itself shows that the evidence was offered and rejected at the administrative hearing. 'There are several exceptions to this rule,such where the administrative remedy is futile or inadequate,the petitioner is asserting claims under the federal Civil Rights Act, irreparable injury will result,or the petitioner is seeking to enforce an important pubic right. CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY-CnENT AND/OR THE ATTORNEY WORK PRODUCT PIWILEGES. DO NOT DISCLOSE THE P6402-0001\12087610.doc COITERTSNEREOF.DO NOT Fla WITH PUBLICLY ACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE CONFIDENTIAL Lauri Aylaian February 22, 2010 Page 4 Western States Petroleum Assn v. Superior Court, 9 CalAth 559, 578 (1995). If the petitioner is able to establish either of these exceptions and that,therefore, evidence outside of the record should have been considered by the agency,the court typically remands or returns the matter to the administrative body to consider the new evidence.' Because the evidence is confined to the administrative record, discovery is generally not allowed in administrative mandamus actions. Petitioners' attempts to depose members of hearing bodies have been routinely rejected by the courts, except where the petitioner can prove the relevance of the evidence and that the evidence meets one of the two limited exceptions to allowing extra-record evidence discussed above. See Pomona Valley Hosp. Med. Ctr. v. Superior Court, 55 Cal.AppAth 93, 101 (1997); Guilbert v Regents of Univ. of Cat, 93 Cal.App.3d 233, 245 (1979) (depositions of board members not allowed because no claim of bias was made at administrative hearing). The local agency has the responsibility of preparing the administrative record but the petitioner is responsible for paying the costs of preparation. If the petition is granted, however, the petitioner may recover those costs from the agency. C.C.P. 1094.5(a). If the petitioner makes a written request to prepare the administrative record,the local agency has 190 days to complete and deliver the record to the petitioner.' C.C.P. §1094.6(c). The petitioner then bears the burden of producing the record to the court and may do so along with the petition, when the respondent's memorandum of points and authorities(trial brief) is filed,or at any other time ordered by the court, but in no event later than 5 days before the trial date. C.C.P. §1094.5(a); Rule of Court 3.1140. In practice, however, when the record is lodged with the court largely depends on the preferences of the judge. The contents of the record are governed by the substantive laws under which the petition is brought. For instance, Public Resources Code section 21167.6 delineates what documents are required in a record for a California Environmental Quality Act case. Code of Civil Procedure section 1094.6(c)proscribes the documents to be included in the administrative record for an action challenging a local agency decision: 6 This generally does not occur,however, in cases involving fundamental rights wherein the court is to exercise its independent review of the agency's decision,discussed more fully below. 'Shorter time limitations govern records in California Environmental Quality Act actions and those subject to the Administrative Procedure Act. CONFIDENTIAL THIS MATERIAL IS SUBIECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402-0001%1208761 v2.dOc CONTENTS HEREOF.DO NOT FILE WITH PUBLICLY ACCESSIBLE RECORDS. r RICHARDS I WATSON !GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE CONFIDENTIAL Lauri Aylaian February 22, 2010 Page 5 • transcript of the proceedings • all pleadings, including the permit application • all notices and orders • any proposed decisions by hearing officers • the final decision • all admitted exhibits • all rejected exhibits in the possession of the agency or its officers • all written evidence • any other papers in the case. As a matter of custom and practice, the respondent will usually provide the petitioner a draft index of documents it intends to include in the record to provide the petitioner the opportunity to negotiate with the respondent for the inclusion or exclusion of certain records. If the respondent refuses to include documents which the petitioner believes should be included,the petitioner may bring a motion to augment the record. The record should be placed into bound volumes of no more than 300 pages each, with an index of the documents included and the document separated by numbered tabs. Each page should be numbered consecutively to enable accurate citation. C. Trial The hearing on the petition for a writ of mandate is called the trial and it results in the entry of judgment, unless the petition contains other causes of action. The hearing is always held before a judge and never a jury. Typically, no witnesses are called to testify and no exhibits or documents are offered as evidence outside the administrative record. The judge decides the case based upon the briefs submitted, including the petitioner's moving papers, the respondent's opposition papers, and the petitioner's reply brief, and the oral arguments presented at trial, which can last anywhere from a few minutes to a few days depending on the complexity of the issues presented in the lawsuit and the number of questions the judge may have. The petitioner has two options in bringing a writ petition to trial. The petitioner may file a noticed motion for a writ similar to the procedure followed when bringing a motion in an ordinary civil action. Or, the petitioner may seek an alternative writ of mandate, which is an CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY•CUENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402-000M208761v2.doc CONTERTSHEREOF.00NOTflLEWTTH PUBLICLY ACCESSIBLE RECORDS. I RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE CONFIDENTIAL Lauri Aylaian February 22, 2010 Page 6 order commanding the agency to either set aside its decision or show cause,at a specific hearing date and time, why it has not done so and why a peremptory writ of mandate should not be issued. If utilizing the noticed motion procedure,the petitioner typically waits until the record is complete to file its motion for a writ of mandate' Usually,the parties agree upon a briefing schedule (i.e. the dates by which each party will file their moving papers, oppositions, and reply briefs). But if this does not occur, the petitioner may notice the hearing date(the trial) for as early as 16 court days from the date the motion is served. The respondent would then have until 9 court days to file its opposition brief and the petitioner would file a reply brief up to 5 court days before the hearing date. If using the alternative writ procedure, the petitioner would prepare an application for an alternative writ and documentation to support the writ and serve those materials along with the petition on the respondent, prior to filing the petition with the court. The court, however, may grant an alternative writ without prior service upon the agency where the petitioner has demonstrated good cause therefor. C.C.P. §1088. In the least,the petitioner must provide ex pane notice of the application to the respondent,allowing the respondent only 24 hours notice of the date and time of the application.' At the hearing on the alternative writ application, the court may grant the alternative writ or may delay the issuance of the writ until 5 days after the petition has been served and filed in order to give the agency time to respond. C.C.P. §1107. If the alternative writ is issued at that time, the court will set a date for the agency to return and show cause(the"OSC") why a peremptory (final)writ should not be issued. At that time,the court will usually set a briefing schedule for the agency's opposition and the petitioner's reply brief and a date by which the record shall be submitted to the court. The granting of an alternative writ is not a decision on the merits of the petition, which is reserved for the OSC hearing date. The OSC then becomes the trial on the merits. An order denying the alternative writ, however, may be on the merits or on R Though unusual,the respondent may file its own motion for denial of writ of administrative mandamus if the petitioner appears to be delaying the filing of its motion. Ex pane application procedures vary depending upon the court and department to which the case is assigned. In the least,the petitioner must provide written or telephonic notice by 10:00 a.m.the day before the hearing. Rules of Court 3.1204. CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402-0001\120876lv2.doc CONTENTS HEREOF.DO NOT FILE WITH PUBLICLY ACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT UW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE CONFIDENTIAL Lauri Aylaian February 22,2010 Page 7 some other grounds. A denial on the merits effectively ends the case whereas a denial on other grounds provides the petitioner some leeway to file a motion for a peremptory writ. The petitioner may also choose to serve the alternative writ application and the petition on the respondent at least 10 days prior to the date upon which the writ application will be made. Where this is the case, the court has the ability to grant the peremptory writ at that first hearing if it is convinced of the merits of doing so. C.C.P. §1088. Because the alternative writ procedure typically involves such an expedited time frame,the issues may therefore be decided without a complete administrative record. In reaching a decision on the merits, the court may review the agency's actions on three grounds: (1) whether the agency proceeded without or in excess of its jurisdiction, (2)whether there was a fair trial, and (3) whether there was a prejudicial abuse of discretion because (a)the agency did not proceed in the manner required by law, (b)the agency's decision is not supported by its findings, or(c) the agency's findings are not supported by the evidence. C.C.P. §1094.5(b). Most writ petitions are based upon an alleged abuse of discretion,and most of those petitions allege that the agency's findings are not supported by the evidence (3(c) above). In reviewing such a claim, the court will review the record for substantial evidence to support the agency's findings in light of the record as a whole. C.C.P. §1094.5(c). If a fundamental vested right is involved, or if a statute specifies otherwise, the court exercises its independent judgment in reviewing the record. Bixby P. Pierno,4 Cal.3d 130, 144 (1971); C.C.P. §1094.5(c). Under "substantial evidence" review, the court will presume that the agency's findings are supported by substantial evidence. Desmond x County of Contra Costa, 21 Cal.App.4th 330, 335 (1993). If exercising its "independent judgment,"the court will reweigh the evidence in the record and determine whether the agency's findings are supported by the weight of the evidence. C.C.P. §1094.5(c). However, the court will still regard the agency's findings with a"strong presumption of correctness." Sager v. County of Yuba, 156 Cal.App.4th 1049, 1053 (2007). Similar to the exhaustion of administrative remedies doctrine, the petitioner cannot present any issues or arguments at trial that were not presented to the agency before it made its decision. This "full presentation"of issues requirement may keep out evidence that may otherwise be allowed in by way of judicial notice. Judicial notice allows parties to have CONFIDENTIAL THIS MATERIAL 15 SUBJECT TO THE ATTORNEY-CUEKT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402-000 M 208761 v2.doc CONTENTS HEREOF.DO NOT FILE LYITH PUBUCLY ACCESSIBLE RECORDS. t RICHARDS I WATSON 1 GERSHON ATTORNEYSATIAW A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE CONFIDENTIAL Lauri Aylaian February 22,2010 Page 8 evidence admitted that is not reasonably subject to disagreement, such as regulations, official acts of an agency, and legislative history. Upon review of the evidence and after hearing oral argument by the parties, the judge will apply the proper standard of review to determine whether the agency has abused its discretion and then will enter a judgment either granting or denying the requested writ. Alternatively, the court may remand the matter back to the administrative body if additional or clarifying findings are needed or where the evidentiary record was inadequate and a rehearing is required. D. Judgment and Effect Thereof After making its decision, the court typically instructs the prevailing party to prepare the judgment, a statement of decision (if one is requested), and the peremptory writ(if one is granted). In most administrative mandamus actions where the court has found that the agency abused its discretion, the remedy is to remand the matter to the agency for a new hearing in light of the court's ruling. In such a case,the court cannot command the agency to exercise its discretion in a certain fashion but it may order the agency to take specific actions required by law. C.C.P. §I094.5(f). The judgment may provide for the court's retained jurisdiction such that the agency's failure to comply with the court's decision may be challenged in the same court without the need to file a new writ action. If the writ is granted, it is entitled a"peremptory writ of mandate"and is an order of the court commanding the respondent to do, or refrain from doing,certain things. C.C.P. §17.6. The writ is separate from the judgment, which must also be entered and which disposes of all causes of action included in the case and any claims for damages,attorneys' fees, and costs. The peremptory writ of mandate must be served on the respondent in the same manner as a summons. The writ may also contain a return date,which serves as a date by which the agency must return before the court and explain what it has done to comply with the writ. Where the writ petition has been joined with other causes of action, such as claims for damages, a final judgment on the writ cause of action cannot be entered until all other claims have been decided due to the`one judgment rule." This rule requires that only one judgment be entered in a case so that only one appeal need be taken. See C.C.P. §904.1(a). As a result,where CONFIDENTIAL THIS MATERIAL 15 SUBJECT TO THE ATTORNEY-CUENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402-000 1\1 208761 Q.dOc CONTENTSHEREOF.DONOTFILEWTRH PUBLICLY ACCESSIBLE RECORDS. J RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE CONFIDENTIAL Lauri Aylaian February 22,2010 Page 9 the petitioner is successful, the writ may not actually be issued until all other claims have been resolved and the one judgment may be entered. E. Damages, Fees, and Costs Damages are not available in petitions for administrative mandamus, though the writ petition may join other causes of action seeking damages. The prevailing party in a writ petition is typically entitled to the recovery of costs, including costs of preparing the administrative record, filing fees, and service of process costs. To obtain these costs,the party must file a Memorandum of Costs within 15 days of the notice of entry of judgment or dismissal. The losing party has an opportunity to oppose the claimed costs by filing a Motion to Tax Costs. Attorneys' fees are only recoverable by petitioners in limited circumstances -- where the agency had acted "arbitrarily or capriciously,"or under the "private attorney general" statute. Gov't Code §800;C.C.P. §1021.5. The private attorney general statute allows recovery of attorneys' fees where the administrative mandamus proceeding"resulted in the enforcement of an important right affecting the public interest." C.C.P. §1021.5. Fees are not awarded where the petitioner has a personal or pecuniary interest in the litigation such that it alone would warrant the expense of the litigation or where the public benefited only incidentally. See Mejia v. City of Los Angeles, 256 Cal.AppAth 151, 159(2007);Pacific Mut. Life Ins. Co. v. State Bd. of Equalization, 41 Cal.App.4th 1153, 1165 (1996). Alternatively, the petitioner may obtain attorneys' fees where the mandamus proceeding was the"catalyst" for the agency eventually providing the primary relief sought, even if no writ was issued. Graham v DaimlerChrysler Corp., 34 CalAth 553, 560 (2004). Thus,a writ petition brought by an individual developer challenging an agency's decision concerning that developer's entitlements would find it difficult to recover its attorneys fees, but an action by a non-profit organization or community group, would gain much more traction under the private attorney general statute to obtain its legal fees. 11I. CONCLUSION The procedure governing a petition for writ of administrative mandamus provides a more narrowly focused and expeditious way of resolving a challenge to an agency's quasi-adjudicative decisions than a traditional 'civil lawsuit. The evidence is confined to the record of proceedings prepared by the agency and the trial is based almost exclusively on that record and the arguments presented in the parties' briefs. The final judgment on the writ petition, if the writ is granted, CONFIDENTIAL MIS MATERIAL IS SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402-000 A 1208761 v2.doc CONTENTS HEREOF.DO NOT FILE WITH PUBLICLY ACCESSIBLE RECORDS. l RICHARDS I WATSON I GERSHON A7TORNEYS AT LAW-A P7OFESSIONAL COP PORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE CONFIDENTIAL Lauri Aylaian February 22,2010 Page 10 results in a peremptory writ of mandate that most often remands the matter to the agency tribunal for reconsideration in light of the court's findings. Damages are not allowed for the writ claim, but the prevailing party is entitled to its costs and there is potential for a prevailing petitioner to obtain its attorneys' fees through the private attorney general statute. Should you have any questions regarding this matter, please do not hesitate to contact us. CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY-CLIENT AND/OR 711E ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402.0001\1208761 vldoc CONTENTS HEREOF.DONOTEILEWITH PUBLICLY ACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON r�CC! ATTORNEYS AT LAW—A PROFESSIONAL CORPORATION 355 South Grand Avenue,4oth Floor,Los Angeles,California 90071-3101 Telephone 213.626.8484 Facsimile2t3.616.0078 MEMORANDUM ATTORNEY—CLIENT PRIVILEGE TO: Lauri Aylaian, Director of Community Development Ryan Stendell, Senior Management Analyst CC: William L. StrauszA,.R,�e,development Agency Counsel FROM: David M. Snow V9�1�1- DATE: February 24, 2010 SUBJECT: Update Regarding High Density Overlay Designation and Housing Element Back1?round On August 21, 2008, our office provided a memorandum to the Mayor and City Council regarding certain questions related to the City's High Density Overlay(HDO) designation for the medium density residential portions of the University Park planning area. A copy of that memorandum is attached hereto for your information. At this time, you have asked that we review the memo and provide any updates that might be necessary due to the passage of time. For the most part,the information in the August 21, 2008 memo remains current and applicable. Specifically, the risks of not submitting a Housing Element for review by the California Housing and Community Development Department remain. In reviewing the 2008 memo, we noted new legislation and case law of which the City should be aware, and provide a sun-unary of these changes with respect to housing elements and how those changes may impact the City's efforts. Analysis 1. Density Bonus Law Changes Assembly Bill 2280, which became effective on January 1, 2009, effected a number of changes to the density bonus law. These changes were summarized in a previous letter dated January 6, 2009, a copy of which is attached hereto. The most significant change is one we previously discussed—the change in the definition of "maximum allowable residential density." CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402-000I\1207041v1.doc CONTENTS HEREOF.00 NOT FILE WITH PUBLICLY ACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE Lauri Aylaian February 24, 2010 Page 2 Under pre-2009 density bonus law, the maximum allowable residential density was defined to mean the"density allowed under the zoning ordinance, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the project." (Govt. Code Section 65915(o)(2), before amendment.) AB 2280, however, broadens the definition to consider not only the zoning ordinance, but also the density that might be allowed by the land use element of the general plan. (Govt. Code Section 65915(o)(2).) Further, "[w]here the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail." (Id.) This change in law could have significant ramifications in the City's University Park area. I understand that the City has not amended its General Plan Land Use Element with respect to Policy 9 and Program 9.A, which establish the High Density Overlay for Medium Density Residential (R-M) designated properties. This overlay allows for densities up to 22 dwelling units per acre. Under new density bonus law,the 22 dwelling units per acre density could serve as the starting point for calculating density bonuses for properties with this designation, rather than the lower densities under the zoning. At bottom, this change may allow a density bonus applicant to demand higher density based on the agency's general plan, which could result in development of more units than the City may have envisioned when it adopted Policy 9 and Program 9.A. 2. Senate Bill 575 A. Housing Element Update Deadlines Cities in the SCAG region were originally required to adopt the so-called "fourth update" to their housing element by June 30, 2006, which date was later extended by the Department of Housing and Community Development ("HCD") to June 30th, 2008. For future updates, SB 575 established different lengths of time, either, four, five or eight years, between housing element updates, depending on whether a city is inside or outside an air quality"attainment area" and whether the city had met or failed to meet prior update deadlines. For cities in the SCAG region, which is a region classified as a non-attainment area for air pollutants, the fifth update of the housing element will now be due 18 months after SCAG's adoption of the first regional transportation plan ("RTP"),which is to be adopted after CONFIDENTIAL THIS MATERIAL 15 SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. 00 NOT DISCLOSE THE P6402.000I\]207041v1.doc CONTENTSHEREOF.DONOTFILEWITHPUBLICLYACCESSIBLERECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A PROFESSIONAL COR PO RATION _ MEMORANDUM ATTORNEY—CLIENT PRIVILEGE Lauri Aylaian February 24, 2010 Page 3 September 30, 2010. (Govt. Code § 65588(e)(2)(A).)' Thereafter, for the sixth update, cities in the SCAG region will be required to update their housing element by the earlier of two time frames: (i) either eight years after the fifth update, or 18 months after SCAG's second regional transportation plan update. (Govt. Code § 65588(e)(3)(A)). So, in sum, SB 575 clarified that cities in the SCAG region will be required to adopt one more housing element(the fifth update) before a city can adopt a new 8-year housing element (the sixth update). Finally, a third schedule applies to local governments that fail to meet the statutory deadline for adoption of the fifth or a subsequent housing element update. If a city or county does not adopt its housing element within 120 days of the statutory deadline, then the next housing element update will be due in four years. (Govt. Code § 65588(e)(4)(A)). This shortened update period of Housing applies whether the element receives certification from the Department g and under Govt. Code Section n r the jurisdiction"self-certifies" Community Development h o 65585(f)(2). However, SB 575 clarifies that a city can eam back its ability to qualify for an eight-year housing element if it adopts two consecutive revisions under the four-year deadline c reference in Section 65588 e 4 a to fifth cycle. (Gout. Code § 65588 (e)(4)). The specific ( )( )( ) triggered b tardy updates suggests that the four-year cycle would not be to y y and subsequent y y �g P gg adoption of the fourth update. P P B. Clarification of Dejined Terins. Under prior law, a planning period, for purposes of housing element Iaw, was defined as"the time period for periodic revision of the housing element." SB 575 amends that definition to now provide that the"`planning period' shall be the time period between the due date for one housing element and the due date for the next housing element." SB 575 adds both"projection period"and"regional transportation plan update" as newly defined terns. "Projection period"is defined as "the time period for which the regional housing need is calculated." In practice, projections are made two years before the planning period begins. They will also begin on the date of December 31st or June 30th that most closely precedes the end of the previous projection period. uni and the 26 2009 document entitled"The Linkage m ty Strategy In an August a between Sustainable Com g Regional Housing Needs Assessment(RHNA),"at page 6,SCAG suggests that the fifth housing element for jurisdictions in the SCAG region would be due in October 2013,based on adoption of the Regional Transportation Plan which is projected to occur in mid 2012. A copy of the document is attached. CONFIDENTIAL THIS MATERIAL 15 SUBJECT TO THE ATTORHEY•CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402-0001\1207041vI.doc CONTENTS HEREOF.00 NOTFILEWITH PUBLICLY ACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE Lauri Aylaian February 24, 2010 Page 4 Finally, "regional transportation plan update" is defined as "a regional transportation plan adopted to satisfy the requirements of subdivision(d) of Section 65080." 3.. Senate Bill 251 Senate Bill 251, an omnibus bill,makes numerous minor changes to housing statutes. A. Regional Housing Needs Allocation Must be Subnlitted by the COG to the HCD Within Three Days After Adoption, First, SB 251 amends the housing element law to require that a Council of Government("COG") submit its final regional housing needs allocation plan to the HCD within three days of adoption. Within 60 days of the HCD's receipt of the final allocation plan adopted by the COG, the HCD will make its required determination. Submitting the allocation plan within three days is a new requirement, as is the requirement that the HCD make its determination within 60 days of the receipt of the final allocation (not adoption). (Govt. Code § 65584.05) B. Manufactured Homes. SB 251 also amends the law to provide that a manufacturer of manufactured homes may sell a manufactured home directly to a licensed California general building contractor as well as to a nonprofit corporation that is also a"Community Housing Development Organization,"under specified conditions. A Community Housing Development Organization is a private nonprofit organization, as defined by federal law. For these sales to be permissible, the sale must be for five or more manufactured homes in a calendar year, the manufactured homes are delivered directly to a site for installation, and the homes are to be sold or rented at affordable costs to low- and moderate-income households. (Health &Safety Code § 18062.9) C Housing Grants. In 2006, California voters adopted Proposition I that authorized the issuance of$2.85 billion in bonds for production of affordable housing. SB 25I clarifies the law implementing that bond measure to indicate how long funds derived from those bonds are available for use for specific purposes. Specifically, SB 251 amends Health and Safety Code Section 53545.9 to provide that funds set aside for newly established housing trust funds must be made available for encumbrance for 42 months after the date the funds are first made available. Disbursements in CONFIDENTIAL THIS MATERIAL 15 SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402.000I\1207041vLdoe CONTENTS HEREOF.DONOTFILEWITH PUBLICLY ACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE Lauri Aylaian February 24, 2010 Page 5 liquidation of the encumbrance will be made before or during 48 months after the date the funds are first made available. Funds not encumbered for newly established housing trust funds within 42 months after the date the funds are first made available will revert to the Self-Help Housing Fund created by Health and Safety Code Section 50697.1, and will be made available for the purposes established by law. 4. Assembly Bill 720 Assembly Bill 720 ("AB 720") amends State Planning and Zoning Law provisions related to amoral reporting of progress in implementing housing elements and time periods for counting rehabilitated units toward meeting the Regional Housing Needs Allocation ("RHNA"). A. Annual Reports. Cities are required to prepare an annual report by April I"of each year of the city's progress in implementing its housing element. The report is prepared using forms issued by the HCD. The city council is required to receive and review the report at a public meeting. The report is then to be submitted prior to the April 1" deadline to HCD and to the Office of Planning and Research ("OPR"). AB 720 now provides that the annual report may include a section that describes the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved. If this section is included, it shall document how the units meet the standards of affordability required by paragraph (2) of subdivision (c) of Section 65583.1. (Govt. Code § 65400) B. Weatherization and Energy Efficiency in Assessment and Inventory. Housing elements are currently required to include a section of analysis regarding opportunities for energy conservation with respect to residential development. Under AB 720,cities are now "encouraged"to include in these sections of their housing elements, requirements that publicly subsidized housing rehabilitation projects include weatherization and energy efficiency improvements. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system." However, as indicated above, the inclusion of these weatherization requirements is not mandatory. (Govt. Code § 65583). CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORN PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402.000I\1207041v1.doc CONTENTS HEREOF.DONOTFILEWITH PUBLICLY ACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE Lauri Aylaian Febmary 24, 2010 Page 6 C. Amends Definition of"Committed Assistance"to Affordable Units Under existing law, the HCD may allow a city to substitute up to 25% of a city's obligation to identify adequate sites for affordable housing with a program to provide committed assistance in the production of affordable housing. Under the prior law, "committed assistance"was defined to mean that "the city or county enters into a legally enforceable agreement during the first two years of the housing element planning period." AB 720 amends the definition of committed assistance to mean that"the city or county enters into a legally enforceable agreement during the period from the beginning of the projection period [which is two (2) years before the beginning of the planning period] until the end of the second year of the planning period..." However, "committed assistance" does not mean tenant-based rental assistance. As a result, because a rehabilitated unit may be counted if it was completed during the first two years of the newly defined"projection period," the time period for counting rehabilitated units has been extended from two to four years. (Govt. Code § 65583.1 (c)(4)). This change may be helpful to the City as it seeks to identify adequate sites. D. Adds Flexibility in Reporting. AB 720 also provides clarification with regard to the reporting of units that are substantially rehabilitated, converted or preserved. Each city or county that has included in its housing element a program to provide these units must report in writing to the legislative body and the HCD within 30 days of making its report on progress during the third year of the planning period, rather than July IS' of the third year of the planning period. Overall, the changes to the law made by this bill appear to be part of a comprehensive effort to improve the ability of cities and counties to provide housing appropriate to the community's needs, and also to coordinate the development of RTPs and housing elements. 5. Palmer v. City of Los Angeles The July 23, 2009, decision in the case of PaGner/Sixth Street Properties v. City of Los Angeles, (2009) 175 Cal.App.4th 1396, calls into question the authority of local agencies to exercise the police powers by requiring affordable housing in certain rental housing projects. The California Supreme Court denied a petition for review in October, 2009, thus the decision is now final. The Pal,ner case addresses the intersection of affordable housing requirements and the vacancy decontrol provisions of the Costa-Hawkins Housing Rental Act (Civ. Code Sec. 1954.50 et seq; CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402-0001\1207041v1.doc CONTENTSHEREOF.DO NOTFILEWITH PUBLICLY ACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE Lauri Aylaian February 24, 2010 Page 7 hereafter the Costa-Hawkins Act). Under the Costa-Hawkins Act residential landlords are allowed to set the initial rental levels at the commencement of each tenancy. (Civ. Code § 1954.53(a).) The property at issue in the case is located in a specific plan area that, among other things, requires the provision of affordable housing in residential and mixed-use projects consisting of more than ten dwelling units per lot. When adopted, the specific plan included the affordable housing requirements to ensure the area would, as in the past, continue to provide affordable housing by replacing affordable housing units that were being lost at an alarming rate, including 60 low income apartments that were demolished at the subject property in 1990. The specific plaza states that an applicant must , among other things: "1) Document and replace, on a one-for-one basis in the form of new dwelling unit construction, Low and Very Low Income Dwelling Units and or guest rooms demolished on the lot or lots on or after February 14, 1988; or 2) If no dwelling units were demolished on the lot or lots on or after February 14, 1988, a Project Applicant shall designate [and) reserve a total of 15%of the dwelling units within the Project as low Income Dwelling Units." Pabuer, Supra, 175 Ca1.App. 4th 1396, 1400-01 Pursuant to the specific plan, if an applicant provides the affordable units,the applicant must also agree to limit the amount of rent that can be charged to 30% of 80%of the medial monthly income for low income housing, and 30% of 50% for very low income households, with any such restriction memorialized in deed restrictions. (Id.) An applicant that does not wish to comply with the affordable housing requirements could instead pay an in lieu fee for each required very low income and low income unit. During the City's administrative proceedings,Palmer requested a waiver from the affordable housing requirement claiming that the requirement would Lender the project economically infeasible. Palmer also pointed out that the project proposed approximately 40% fewer units than the zoning allowed, thus there was no need to seek a density bonus. At the conclusion of the City's administrative process,the project was approved subject to the requirement that Palmer either provide 60 replacement low income units on or off site, or pay an in lieu fee of $96,182.17 per unit, which would be a total fee of$5,770,930.20. Further,Palmer was required CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORN PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402-0001\1207041v1.d0c CONTENTSHEREOF.DONOTFILEWITH PUBLICLY ACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE Lauri Aylaian February 24, 2010 Page 8 to execute a covenant and agreement agreeing to restrict the rents on the affordable units for at least 30 years. In court, Palmer argued that the Costa-Hawkins Act precludes a landlord can charge for local agencies from applying affordable housing requirements that restrict the rate for rental units. As noted above, the Act provides that residential landlords may "establish the initial rental rate for a dwelling or unit." (Civ. Code Sec. 1954.53 (a).) The Court of Appeal, in siding with Palmer, concluded that the city's affordable housing requirements were preempted by the Costa-Hawkins Act, and noted that"[fJorcing Palmer to provide affordable housing units at regulated rents in order to obtain project approval is clearly hostile to the light afforded under the Costa-Hawkins Act to establish the initial rental rate for a dwelling or unit." (Pahner, supra, 174 Cal.App.4th at 1411.) Therefore, the Court concluded that Palmer did not have to comply with the conditions restricting the rents on the units. Further, although the City's ordinances provided the developer with the option of paying in lieu fees rather than restricting the rental rates, the Court concluded that the City could not evade the Costa-Hawkins limitations by requiring the developer to pay the fee because the fees were inextricably intertwined with the impermissible rental restriction. This case casts doubts over local agencies' ability to impose affordable housing requirements on rental projects, except in those specific instances set forth in the Costa-Hawkins Act. For example, the Costa-Hawkins Act provides that the restrictions do not apply when the owner has agreed by contract to build affordable housing in pursuant to density bonus law, Govt. Code Section 65915. (Civ. Code Sec. 1954.53 (a)(2).) Presumably, rental restrictions negotiated as part of a statutory development agreement pursuant to Govt. Code Section 65864 would also remain enforceable. If the City aims to require affordable housing in for-rent residential developments, the Costa- Hawkins constraint annunciated in the Pahner case should be taken into account. Conclusion We hope that this summary of significant developments related to housing issues is helpful, and please contact me if you have any questions or if we may be of further assistance. CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY-CLIENT ANO/OR THE ATTORNEY WORK PRODUCT PRMLEGES. DO NOT DISCLOSE THE P6402-0001\1207041vi.doc CONTENTS HEREOF.DO NOT FILE WITH PUBLICLY ACCESSIBLE RECORDS. I10A9 RICHARDS I WATSON I GERSHON N&SM ATTORNEYS AT LAW—A PROFESSIONAL CORPORATION 355 South Grand Avenue,40th Floor,Los Angeles,California goo7t•31ot Telephone 213.626.8484 Facsimile 213,626.0078 MEMORANDUM ATTORNEY—CLIENT PRIVILEGE TO: Honorable Mayor Benson and Members of the City Council CC: Carlos Ortega, City Manager Lauri Aylaian, Director of Community Development William L. Straun,t�edevelopment Agency Counsel FROM: David M. Snow DATE: August 21, 2008 SUBJECT: High Density Overlay Designation and Housing Element Ouestions Presented and Short Answers During the City Council's deliberations regarding an updated General Plan Housing Element certain questions arose regarding the High Density Overlay(HDO) designation for the medium density residential portions of the University Park planning area. Listed below are the specific questions with short answers, followed by a more detailed analysis. 1. Is the City obligated to interpret the Land Use Element Policy 9 and Program 9.Ak to mean the HDO density is allowed by right on all parcels with a general plan land use designation of Medium Density Residential(R-M)in the University Park area of the City? Short answer. No. The language of Land Use Element Policy 9,Program 9.A, and other references to the HDO support an interpretation that the overlay provides the opportunity to develop at higher densities,provided certain specific performance criteria are met. 2. Does the City have the authority to deny projects proposed in reliance on the Land Use Element Policy 9,which establishes the HDO designation and performance criteria for developments proposing the higher density,even though the City Zoning/Development Code has not been amended to establish specific development criteria? Short answer: Yes,provided the decision maker finds that the project is inconsistent with one or more of the performance criteria set forth in the Land Use Element. The City Council may wish to consider revising the language of Program 9.A to more specifically identify the criteria to be used when reviewing a project;however, the same results could be obtained through adopting more detailed standards into the City's zoning regulations as contemplated by Program 9.A. CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRANUGES. 00 NOT DISCLOSE THE P6402-000 1\1 079152v3.doc CONTENTS HEREOF.120 NOT FILE WITH PUBLICLYACCESSISLE RECORDS. RICHARDS1WAT SON IGERSHON ATTORNEYS AT LAW-A PEOFESSIORAI CORPORATION MEMORANDUM ATTORNEY-CLIENT PRIVILEGE Honorable Mayor Benson and Members of the City Council August 21,2008 Page 2 3. Is the City obligated to update its Housing Element and submit the updated element to HCD? Short Answer: Probably. However,this does not mean that the City must obtain approval from the State Department of Housing and Community Development(HCD). State Housing Element Law provides a process to be followed in the event that the HCD does not approve the housing element. This alternate process is sometimes referred to as a"self-certification"process. 4. What are the ramifications if the City opted not to submit an updated Housing Element to the State for review? Short Answer: State Planning and Zoning Law requires cities,both charter and general law,to have a valid general plan with seven mandatory elements. (Govt. Code §§ 65300,65302.) A general plan,to be valid,must contain a valid housing element. If the City does not update its Housing Element, there would be a good argument that the City's General Plan is inadequate. If deemed inadequate,the City may not be able to make required general plan consistency findings for such things as zoning code amendments,development agreements,subdivision maps, and other approvals or entitlements that require a general plan consistency finding under the City's Zoning Code or State law.' This could also limit the City's ability to obtain funds for housing from certain sources that are made available only to jurisdictions with housing elements approved by HCD,hinder its ability to comply with the California Environmental Quality Act, run afoul of the Stipulation regarding Redevelopment Plan for Project Area No. 2, and jeopardize the Agency's ability to issue tax allocation bonds.. Background The City's current General Plan includes a Housing Element updated in March 2004. Pursuant to State Planning and Zoning Law,housing elements must be updated every five years. (Govt. Code § 65588(b).) The latest deadline for communities within the Southern California I As discussed below,charter cities are not bound by all of the consistency requirements under State Planning and Zoning law,but would be bound by consistency requirements in the charter or city ordinances. CONFIDENTIAL THIS MATERIAL 15 SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402-000 1\1 079152v3.doc CONTENTS HEREOF.DO NOTFILE WITH PUBLICLYACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE Honorable Mayor Benson and Members of the City Council August 21,2008 Page 3 Association of Government's(SCAG)area(which includes the City)was extended to June 30, 2008 2 The City has been working on the 2008 Housing Element update,and I understand that a draft has been completed and presented to the City Council for consideration before it is submitted to. During the course of the Council's consideration of the draft Housing Element,certain questions arose with respect to the HDO and Housing Element Law. The questions and analysis of each follows. Analysis 1) Is the City obligated to interpret the Land Use Element Policy 9 and Program 9.A to mean the HDO density is allowed by right on all parcels with a general plan land use designation of Medium Density Residential(R M)in the University Park area of the City? The City's current General Plan's Land Use Element includes Policy 9 and Program 9.A,which provide the following: "Policy 9 Within the University Park planning area,the City shall uniformly apply a`High Density Overlay' designation to all lands designated for Medium Density Residential(R-M) development to provide the opportunity to develop at R-H densities in compliance with specific performance criteria. Program 9.A The `High Density Overlay' development standards assigned to allow development of R-H(High Density Residential, 10-22 du/ac)on any R-M lands within the University Park planning area shall be further elaborated and incorporated into the City Zoning/Development Code and shall be consistent with the following performance criteria. 1.The percentage of residential units, whether single or multi-family, that shall be available for homeownership. 'The State Department of Housing and Community Development granted SCAG's request for extension of the deadline from 2006 until 2008,as memorialized in a letter dated July 6,2005. CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402-000111079152v3.dGc CONTENTS HEREOF.DO NOTFlLE Wlm PUBLICLYACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT IAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE Honorable Mayor Benson and Members of the City Council August 21,2008 Page 4 2. High density residential neighborhoods shall be located in proximity and have convenient access to public transportation. 3. High density residential development shall be located in proximity to schools,parks and commercial services,which shall be accessible by means of non-motorized vehicle routes. 4. The percent of proposed high-density units to be reserved to meet the affordable housing needs of the community. 5. Adequacy and usability of landscaped open space planned internal and integral to the design of high-density developments. 6.Development plans reflecting creative and innovative design in site planning, building design and landscape treatment,consistent with the General Plan Community Design Element. 7.Development proposals with high-density residential units shall include analyses of the potential fiscal impacts of the development. Responsible Agency: City Council,Planning Commission, Community Development Department;Redevelopment Agency Schedule: 2004; On-going(City of Palm Desert General Plan,Land Use Element, p. III-30.) The Land Use Element also provides descriptions of various General Plan Overlay Designations, including the HDO. The HDO is described as follows: "The 'High Density Overlay' allows development of R-H(High Density Residential, 10-22 du/ac)on any R-M lands within the University Park planning area,subject to development standards/criteria set for in this element. Criteria include the percentage mix of residential product types and rental versus ownership units and affordability,proximity and access to employment, commercial services, schools and parks, open space amenities, design quality, and potential fiscal impacts." (Land Use Element,p.III-9.) The University Park planning area contemplates up to a maximum of 5,993 residential units. (Land Use Element Table III-3,p. 1II-20.) However, CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE AITORNEY-CLIENT AND/OR THE ATTORNEY WORN PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402-000151079152v3.doe CONTENTS HEREOF.DO NOT FILE WITH PUBLICLYACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE Honorable Mayor Benson and Members of the City Council August 21,2008 Page 5 "The overall goal of this program is to provide a minimum of 4,037 dwelling units within this planning area. To assure the provision of higher density residential units, the City has adopted a residential 'High Density Overlay' on all lands designated medium density or greater within the University Park planning area. The maximum possible number of dwelling units in this area is 5,993. Specific development criteria set forth in Program 9.A,in the residential lands discussion below, are to be satisfied in order to qualify for the overlay and higher residential densities." (Land Use Element,p. III-22.) The University Park Planning Area envisions"a balanced mix of low moderate and high density housing." (Land Use Element,p. 1II-22.) Unrestricted exercise of the HDO opportunity would frustrate the vision of the University Park planning area as it would result in a community with only low and high density residential,which would not be balanced with moderate density housing. This further supports a conclusion that the City has retained the discretion to deny requests for exercise of the HDO when the performance criteria have not been satisfied. It should be noted that an applicant would still request a density bonus pursuant to Government Code Section 65915 as an alternate way to increase the density of a project. Given the general nature of the performance criteria in Program 9.A, it may be difficult to determine whether a specific project does or does not comply with the criteria. For example, criterion 1 deals with the percentage of units that would be available for homeownership. However, the criterion does not provide either a minimum or a goal percentage with which to determine project consistency. Similarly criterion 4 takes into account the percent of the high- density units to be set aside to meet the City's affordable housing needs,but provides no goal percentage the City would like to see. The generality of the criteria arguably provides broader latitude for the City to determine consistency,however some might argue it grants too much discretion to effect its underlying goal of predictably increasing the number of housing units in the area. Nonetheless,a reviewing court should accord great defense to the City's interpretation of its own General Plan because of its unique expertise. (Save Our Peninsula Comm. v. County of Monterey(2001) 87 Ca1.App.4th 99, 142.) The lack of specificity could be addressed either through amending the Land Use Element to provide greater specificity in Program 9.A,or it could be accomplished by the adoption through the further elaboration as contemplated in Program 9.A as currently set forth in the General Plan. The latter approach would not require an amendment to the General Plan. Under criterion 6, which requires innovative design in site planning,building design,and landscape treatment,the CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRMLEGES. DO NOT DISCLOSE THE P6402-0001\1079152v3.doe CONTEXTS HEREOF.DO NOTFILE WITH PUBLICLY ACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE Honorable Mayor Benson and Members of the City Council August 21,2008 Page 6 City would likely be able to craft more detailed.criteria to deal with green building requirements and efficiency of water use. It should be noted,however, that the more strict the standards to exercise the HDO are,the more likely it is that HCD would consider those standards to be a potential barrier to developing the affordable housing contemplated by Program 9.A. As such,HCD may view the number of housing units achievable in the University Park to be somewhat less than the maximum number theoretically allowed by the HDO. Further,such standards would need to be consistent with all aspects of the General Plan, including the Housing Element. (Palm Desert Municipal Code (PDMC) § 25.82.050.) In conclusion, the City's University Park planning vision contemplates significant exercise of the increased HDO densities to achieve a minimum of 4,037 dwelling units in the area,but not full exercise of the HDO densities,which would result in 5,993 dwelling units, or 1,956 more units than the expressed minimum. This, in conjunction with the express language appearing in several places in the Land Use Element,provides that the HDO may only be exercised with demonstrated compliance with the specific development criteria of Program 9.A. Therefore, the City may deny a project seeking to exercise the HDO densities provided that the project fails to meet one or more of the specific development criteria set forth in Program 9.A. This conclusion is in keeping with the balance between providing higher density development in the University Park planning area to ensure a minimum number of housing units,while at the same time ensuring that higher density projects are in keeping with the City's development standards. 2) Does the City have the authority to deny projects proposed in reliance on the HDO designation and performance criteria for developments proposing the higher density,even though the City Zoning/Development Code has not been amended to establish specific development criteria? For the reasons discussed above in the analysis of Question 1,the City has the authority to deny projects that fail to meet one or more of the development criteria set forth in General Plan Land Use Element Policy 9 and Program 9.A. However,the Land Use Element contemplates the development of more specific development criteria for adoption into the City's Municipal Code. Because the Program 9.A is appropriately general, the City would likely benefit from the development of a more detailed development criteria for adoption into its Municipal Code, as CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATIORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. Do NOT DISCLOSE THE P6402-000 I kI 079152v3.doc CONTENTS HEREOF.00 NOT FILE WITH PUBLICLY ACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY--CLIENT PRIVILEGE Honorable Mayor Benson and Members of the City Council August 21,2008 Page 7 discussed above. The more detailed Municipal Code standards could better guide applicants to present projects that include what the City is looking for, and should provide detailed standards against which to compare projects. With the more specific standards,the City would likely enhance its ability to deny projects in a way a reviewing court would more likely uphold in the event of a legal challenge. 3) Is the City obligated to update its Housing Element and submit the updated element to HCD? California's Planning and Zoning Law requires cities,both charter and general law, to adopt a general plan containing seven mandatory elements: land use,circulation,housing,conservation, open space,noise, and safety. (Govt. Code§§ 65300, 65302.) As such, all California cities must adopt a housing element as part of their state mandated general plan. (Govt. Code § 65302(c).) Further, general plans in both charter and general law cities must be internally consistent. (Govt. Code § 65300.5; Garat v. City of Riverside(1991)2 Cal.AppAth 259.) The process for preparation and adoption of a housing element differs from the other mandatory elements in that it must be submitted to HCD. Government Code Section 65585(b) creates this obligation by requiring that"[a]t least 90 days prior to adoption of its housing element,or at least 60 days prior to the adoption of an amendment to this element, the planning agency shall submit a draft element or draft amendment to the department" Further, if HCD provides comments on the draft document, a city"shall consider the findings made by[HCD]"prior to adopting the element or amendment. (Govt. Code§ 65585(e).) Finally, "[p]romptly following the adoption of its element or amendment, the planning agency shall submit a copy to [HCD]." (Govt. Code § 65585(g).) Although the charter of a city is the supreme law of that city, charter cities remain subject to conflicting provisions of the State and Federal constitutions, and preemptive State law on matters of statewide concern. (Johnson v. Bradley(1992) 4 Ca1.4th 389. The State Legislature has found and declared,with respect to housing elements,that"[I]ocal and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community." (Govt. Code § 65580(d).) Further, the Legislature has declared that"[t]he availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian,including CONFIDENTIAL THIS MATERIAL 15 SU8IECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRMLEGES. DO NOT DISCLOSE THE P6402-000 R10791520.doc CONTENTS HEREOF.DO NOTFILE WITH PUBLICLY ACCESSIBLE RECORDS. I RICHARDS I WATSON I GERSHON ATTORNEYS AT VW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE Honorable Mayor Benson and Members of the City Council August 21,2008 Page 8 farmworkers,is a priority of the highest order." (GovL Code § 65580(a).) These policy statements strongly suggest that the procedural as well as the substantive provisions of the Housing Element Law(Gov't Code §§ 65580 through 65589.8)apply to charter cities. Further, Health and Safety Code Section 50459(b)requires HCD to"review housing elements and amendments for substantial compliance with Article 10.6(commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code and report its findings pursuant to Section 65585 of the Government Code." While this section is silent as to the review of housing elements for charter cities,it suggests that HCD must review all housing elements for compliance, and reinforces the position that housing issues are of statewide importance. Finally, Section 65301,which provides latitude and the adoption and format of general plans, states that"this section shall not be...construed to expand or limit the authority of the Department of Housing and Community Development to review housing elements pursuant to Section 65585 of(the Government] code or Section 50459 of the Health and Safety Code. The requirements of this section shall apply to charter cities." This suggests that the HCD review requirements apply to charter cities. A counter argument relying on Government Code Section 65700 could also be made for the position that charter cities'housing elements are not required to undergo HCD review. Government Code Section 65700 provides that Government Code Sections 65100 through 65763,which include the Housing Element Law(Govt. Code §§ 65580 through 65589.8),"shall not apply to a charter city, except to the extent that the same may be adopted by charter or ordinance of the city; except that charter cities shall adopt general plans in any case, ... and such plans shall contain the mandatory elements required by Article 5 (commencing with Section 65300)...." One could argue that the HDC review requirements of Section 65585 are not applicable to charter cities,because those provisions have not been made expressly applicable. Other sections of the Housing Element Law, such as Section 65589.4(Attached housing development not subject to conditional use permit)and Section 65589.5 (Findings to assure the approval of affordable housing), include express statements of applicability to charter cities. These express statements arguably demonstrate that when the Legislature intends to apply Housing Element Law to charter cities it does so expressly. Notably,Section 65585, establishing the state review requirement, contains no such statement. Without the express statement,one could argue that the provisions of Section 65700 control,meaning Section 65585 does not apply to charter cities. While this argument might overcome the provisions of Gov't Code§ 65585, CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. 00 HOT DISCLOSE THE P6402-0001\10791520.doc CONTENTS HEREOF.00 NOT FILE WITHPUBLICLYACCESSIBLERECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE Honorable Mayor Benson and Members of the City Council August 21,2008 Page 9 HCD's obligation to review housing elements remains. As noted above,this would be difficult given fact that housing is of statewide concern. Based on the foregoing,we believe the argument supporting HCD review of charter cities' housing elements is more compelling. Finally, Housing Element Law provides a procedure for cities to adopt housing elements that HCD has deemed not to substantially comply with the housing element requirements,provided that the legislative body adopts"written findings that explain the reasons the legislative body believes that the draft element of draft amendment substantially complies with the requirements of[Article 10.6],despite the findings of[HCD.]" (Govt. Code § 65585(f)(2).) This process is often referred to as self-certification.' This type of self-certification would not afford the Housing Element the assumption of validity set for in Government Code Section 65589.3,thus defense against any legal challenge to the element would be more difficult. Because the City has the ability to adopt its Housing Element regardless of the comments from HCD, it may not want to debate whether HCD has the authority to review. And,if HCD finds the element substantially complies with Housing Element Law, it would gain the benefit of the presumption of validity noted above. It is my understanding that it is typical for charter cities to submit for HCD's review. Finally, although it may raise unnecessary issues, the City could state in its transmittal letter that it is submitting the Housing EIement for review,even though it, as a charter city,may not be obligated to do so. 4 What a are the ramifications if the City opted not to submit an updated Housing Element to the State for review? A general plan that does not contain a required element would in all likelihood be deemed to be legally inadequate and invalid. (See,e.g.,Save El Toro Assn. v. Days(1977) 74 Cal.App.3d 64; Camp v. Board of Supervisors(1981) 123 Ca1.App.3d 334,348.) This form of self-certification should not be confused with the pilot program in San Diego County,as set forth in Govt.Code§65585.1,which allows for self-certification. Under the pilot program,cities in San Diego County have the opportunity to self-certify,and still qualify for certain funding for housing projects,whereas agencies that"self- certify"under the provisions of GovL Code§65585(f)(2)would not be eligible for such funds. CONFIDENTIAL THIS MATERIAL IS SUBIECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE P6402-000111079152v3.doe CONTENTS HEREOF.00 NOTr1LEWIrR PUBUCLYACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT IAW-A PROFESSIONALCORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE Honorable Mayor Benson and Members of the City Council August 21,2008 Page 10 A city's ability to make required general plan consistency findings could be severely compromised in the event that its general plan is deemed invalid as a result of either failure to include a mandatory element or inconsistency among the various elements. (Sierra Club v. Board of Supervisors(1981) 126 Cal.App.3d 698.) However, if a decision does not implicate the defective policy or element of a General Plan, a consistency determination could be valid. (Neighborhood Action Group v. County of Calaveras (1984) 156 Cal.App.3d 1176, 1187). Nonetheless, it would likely be easy to draw connection between any number of land use actions and potential ramifications to housing. Thus the scope of impact of the lack of a housing element could be far reaching. Palm Desert, as a charter city,is not statutorily bound by State Planning and Zoning law regarding to certain consistency requirements,pursuant to Government Code Section 65803, which provides"[e]xcept as otherwise provided, [Chapter 4-Zoning Regulations] shall not apply to a charter city, except to the extent that the same may be adopted by charter or ordinance of the city." While the City is not statutorily bound to make general plan consistency determinations for certain types of development applications such as development agreements or use permits,charter cities are bound by State law to make such a determination for other types of applications,such as subdivisions.' Further, the City's General Plan contemplated these consistency requirements. (See,e.g.,Palm Desert General Plan,Administration Element, p. 11-5.) In addition, the City's zoning code includes a general objective to"[r]elate proposals for development to the provisions and recommendations to [sic] the city's general plan and insure the consistency of development with the general plan." (PDMC §25.02.030 A.) The City's Zoning Code also includes specific consistency findings for certain types of applications or actions including,by way of example,development agreements(PDMC § 25.37.050), conditional uses(PDMC §25.72.070),and zoning ordinance amendments(PDMC § 25.82.050). The City would likely be bound to comply with its adopted ordinances, and thus could be in a position where the findings could not be made due to an invalid general plan. Not only would City enacted land use regulations be at risk,but also at risk would be actions to approve private development proposals that require general plan consistency. Examples of actions that could require general plan consistency include, but are not limited to: `Even if consistency is not required under a charter city's charter or ordinance,courts will look at the general plan to determine if challenged zoning regulations or decisions constitute an abuse of discretion. See,e.g.,Mira Dev. Corp. v. City of San Diego(1988)205 Cal.App.3d 1201. CONFIDENTIAL THIS MATERIAL 15 SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. 00 NOT DISCLOSE THE P6402-000I\1079152v3.doe CONTENTSHEREOF.DONOTFILEWITH PUBLICLY ACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE Honorable Mayor Benson and Members of the City Council August 21,2008 Page 11 ➢ Zoning (PDMC §§ 25.02.020,25.02.030 A.) ➢ Subdivisions (See,City of Del Mar v. San Diego (1982) 133 CAM 401,414.) ➢ Transit Villages (Govt. Code § 65460.8.) ➢ Specific Plans (Govt. Code§ 65454.) ➢ Acquisition and Disposition of Real Property (Govt. Code § 65402.) ➢ Housing Authority Projects. (Health and Safety Code § 34326.) D Parking Authority Projects. (Streets and Highways § 32503.) ➢ LAFCO/Annexations? (Govt. Code §§ 56375,56425, 56841). ➢ Capital Improvement Program General Plan Consistency Determination. (Govt. Code § 64501.) ➢ Redevelopment Project Areas. (Health and Safety Code §33331.) California Environmental Quality Act(CEQA). Lack of an adequate General Plan could complicate the City's ability to complete adequate CEQA documentation of environmental impacts related to land use,circulation,noise,housing, or other topics. (See,e.g., Guardians of Turlock's Integrity v. City Council(1983) 149 Cal.App.3d 584, 593); Palm Desert General Plan, Administration Element,p, H-4.) Risk of Litigation to Enforce Housing Element Law. The City could be at risk of legal actions to enforce the provisions of the Housing Element Law and compel the City to follow the required processes including the various submittals to HCD. Legal actions could come from a number of sectors including,but not limited to, the Attorney General,housing advocacy groups,and potentially development interests with concerns regarding the defensibility of development project approvals that rely on a general plan consistency determination. I£successful in requiring the City to comply,a petitioner likely would be entitled to attorney fees. (Code of Civil Procedure§ 1021.5.) CONFIDENTIAL THIS MATERIAL 1S SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. DO NOT DISCLOSE THE PW2.000IU079152v3.dcc CONTENTS HEREOF.00 NOT FILE WITH PUBLICLY ACCESSIBLE RECORDS. RICHARDS I WATSON IGERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE Honorable Mayor Benson and Members of the City Council August 21, 2008 Page 12 Potential Violation of the Terms of the Stipulation for Entry of Judgment, Case No. 51146, entered May 15, 1991. The Stipulation entered into with respect to consolidated cases related to the Redevelopment Plan for Project Area No. 2 contains the following provision in paragraph I-d: "Beginning July 1, 1994,and continuing through the life of the redevelopment projects in the City, the Agency shall develop,rehabilitate or acquire sufficient housing to meet the City's existing and future housing needs for very low and lower income households,and persons and families of low or moderate income, as identified in a valid Housing Element,periodically revised as required in Govemment Code Section 65588(b). .....(Stipulation,pp. 3-4,9 Ld. emphasis added) The City Council will recall that the proceedings for the Redevelopment Agency to issue tax allocation bonds includes the preparation and approval of what has been commonly referred to as a"Housing Report" The Housing Report is a document that is required by paragraph 2 of the Stipulation. A Housing Report prepared and approved in accordance with Paragraph 2 permits the Agency to make certain findings with respect to the number of very low, low and moderate income housing units that the Agency will be capable of developing over the life of the Redevelopment Plan for Project Area No. 2. One of the elements under paragraph 2 is"the projected housing needs included in the requirements set forth in paragraph Ld. . .which shall be based upon a forecast by a state agency or by the council of governments, currently the Southern California Association of Governments,with the responsibility to determine regional housing needs under Government Code Section 65584" (Stipulation,p.5, 2). Paragraph I.d of the Stipulation is set forth above, and it refers to a valid housing element. Thus, in addition to a violation of paragraph Ld of the Stipulation, the failure to have a valid housing element also jeopardizes the Agency's ability to issue tax allocation bonds. Conclusion The City(1)has the authority to reject projects that fail to conform to criteria set forth in the General Plan related to the HDO,(2)should consider adopting refined standards in its municipal code as contemplated by Program 9.A of the Land Use Element, (3) should submit its housing element to HCD as required by Housing Element Law,(4)risks legal challenges to various actions requiring general plan consistency, which may be difficult to successfully defend, and CONFIDENTIAL THIS MATERIAL IS SUBJECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. 00 NOT DISCLOSE THE P6402.000 IU079152v3.doc CONTENTS HEREOF.00 NOTFILE WITH PUBLICLY ACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT lAW-A PROFESSIONAL CORPORATION MEMORANDUM ATTORNEY—CLIENT PRIVILEGE Honorable Mayor Benson and Members of the City Council August 21,2008 Page 13 (5)risks violations of the Stipulation and jeopardizes the Agency's ability to issue tax allocation bonds. CONFIDENTIAL THIS MATERIAL IS SUBIECT TO THE ATTORNEY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIWLEGES. DO NOT DISCLOSE THE P6402-0001\1079152v3.doD CONTENTS HEREOF.00 NOT FILE WITH PUBLICLY ACCESSIBLE RECORDS. 1 I0%LTj RICHARDS I WATSON I GERSHR !�'�Cf ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION 355 South Grand Avenue,401h Floor,Los Angeles,California 9007E-3101 Telephone 213.626.8484 Facsimile 213.626.0078 °"""i°9,6-,99eei January 6, 2009 GUNN E.WATSON IRETIREOI VIA U.S. MAIL MARRY L aCRSHON ft923-2007) ) SYEVEN LDO SEY Lau ri auri Aylaian WI WAM L S MVSC MITCHELL E.AIROTT Director of Community Development GREGORY W.STCARNICICH UINN M Q M. BROWNE "RAM Cityof Palm Desert CAROL URRON W.UrNCM GREGO"M`WHEAT 73-510 Fred Waring Drive THOMACHICAT C. ifCCOO palm Desert, California 92260 'CHI CAT A[f[ANN STEVEXENIN G.MAN" KWN °.ARMS RCHAEO. TRADA ARRIS MIENICS%STMDR Re: Assembly Bill 2280-Amendment to Density Bonus Law UV RfSi 5,WIFNEA CIA a.TILD R.RIM °.IILOfM RIM SASKAT.ASAM"M Deal Lauri: KAYSER O.SUME PETER M.T"ORSoN TAMES L MAAXAMN T.PETE.STEW As you may know, the Legislature has passed Assembly Bill 2280 ( AB 2280"), TJCTEA.BOCA <a 11 TERENCE A BOND TOG" TAN"E.CDOUSON effective January 1, 2009, which makes numerous changes to the State's density bonus law,which is set forth in Government Code Section 65915. TIN G.GPAYSOM AOYA WHAM P.. I AM01 M III IDIMr1 I.YOSH°" In summary, AB 2280 increases the time by which a city may utilize funds that are REGINA N.ORMNER FAUNA GUTIERREZ"M TERE NPVMMO R TERE W.GAIEOWAY recaptured from the resale of affordable housing units, amends the definition of W DIAKA IC CHUA"O "development standards," amends the definition of"maximum allowable residential PATRICK K.EO°KO OUNISMORE AMYGRSTSONWN density" to be based not only on zoning, but also on the general plan land use ofRORAN A,MAKA4N A EXD.C A'N: densities in certain cases, adds clarifying language with respect to density bonuses for SUfAX E. OAVI°M.sXOWum developments with senior housing units, and provides that before a local agency may LOLLY&ENRIQUEE MARTEN A.COWMAN grant density bonuses in excess of those set forth in State law, it must first adopt a G.INDEX KNAISA GINETTAL.GHIW,CO local ordinance enabling it do so. The changes to prior density bonus law (operative TAISHAORTR DAVI G'IA'LDERSON before January 1, 2009)are summarized below: MFUSSA M.CROST MAITE MARICELR L MARAOQU(N GEXA M.STINNCTT AB 2280 Increases Time to Utilize Recaptured Funds From Three to Five Years I SIrwoR- R SISTOP L FLOWER.OW CMATTEW WHEN M"""EW E`°°E" Density bonus law enables cities and counties to require owners in owner-occupied ECUDone Y,ARD OUN L EYWARD fAIN L S. "Im affordable units to enter into equity sharing agreements requiring that when the unit is TDUSSMNi 5.411fl W""NIV..MX°°"A`° sold the owner retains the value of any improvements, downpayment, and a s MITA R.YOUNG S VERONICA 5.SHIIRI K NA proportionate share of the appreciation. (See Government Code Section 65915(c).) DIANA V H. AMT KATNINA C, H. UBES The local agency then recaptures any initial subsidy and its share of appreciation for QEEOUNKEL use in certain programs that promote home ownership, as described in Health and MARK L WEAVEN SAYA.WHOM, Safety Code Section 33334.2. Prior law required that funds recaptured by local NOpMAM A OVIONT I'MR.MAINE agencies be used within three years. AB 2280 extends the period in which the "WHORESANFRANCISCCO OIFII 1 9 recaptured funds must be used from three years to five years. ORANGE COUNTYOTEICE TELEPHONE 714.990.0901 RICHARDS I WATSON ]GERSHON AI TORNEVS AT LAW-A PROFE55IONAL CORPORATION Ms. Lauri Aylaian January 6, 2009 Page 2 AB 2280 Amends the Definition of"Development Standard" Density bonus law requires cities and counties to grant a specified number of incentives or concessions, as described in Government Code Section 65915(d), when an applicant for a housing development seeks and agrees to reserve certain percentages as affordable housing units. In addition, the law provides a mechanism for applicants to seek a waiver of certain development standards that could preclude the development of an affordable housing project. (See Government Code Section 65915(e).) AB 2280 defines "development standard" to include a "site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, or a parking ratio that applies to a residential development, pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation." (Amended Government Code Section 65915(o)(1) [Emphasis Added].) Further, the law, as amended, specifies that a city may not apply any development standard that "will have the effect of physically precluding the construction of a development meeting the criteria of [Government Code Section 65915(b), thus qualifying a project for a density bonus], at the densities or with the concessions or incentives permitted by [density bonus law]." (Amended Government Code Section 65915(e)(1) [Emphasis Added].) By limiting the type of waivable development standards to those that "physically" preclude density bonus development, the legislature presumably intended to limit the type of standards that a local agency must waive when requested to do so by an applicant. For example, development standards that might preclude construction because they are cost-prohibitive may not meet the definition of "development standards" eligible for a waiver. This interpretation is supported by the deletion of Government Code Section 65915(o in the prior law which provided that "[t]he applicant shall show that the waiver or modification is necessary to make the units economically feasible." Further, requests for waivers of development standards "shall neither reduce nor increase the number of incentives or concessions to which an applicant is entitled" under density bonus law. (See Government Code Section 65915(e)(2).) Finally, neither development standard waivers, concessions nor incentives need be granted if contrary to state or federal law. r' RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A MFESSIONAL CORRORAfION Ms. Lauri Aylaian January 6, 2009 Page 3 AB 2280 Amends the Definition of"Maximum Allowable Residential Density" Under prior density bonus law, the maximum allowable residential density was defined to mean the "density allowed under the zoning ordinance, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the project." (Government Code Section 65915(o)(2), before amendment.) AB 2280, however, broadens the definition to consider not only the zoning ordinance, but also the density that might be allowed by the land use element of the general plan. (Amended Government Code Section 65915(o)(2).) Further, "[wjhere the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail." (1d.) This amendment could have far reaching impacts in a jurisdiction that has a range of potentially permitted densities in its general plan land use element, but has adopted more specific zoning regulations for particular properties that do not reach the higher density range set forth in the land use element. Under prior law, a density bonus applicant could demand a density bonus based on the highest density allowed under the zoning ordinance, whereas under the amended law, an applicant could demand that a density bonus be calculated based on the highest density allowed under the general plan land use element. At bottom,this change may allow a density bonus applicant to demand higher density based on the agency's general plan,which may warrant a comparison of the zoning to the general plan land use designations and consideration of amendments as appropriate. AB 2280 Clarifies Required Density Bonus as 20% of the Number of Senior Housine Units,Not 20% of the Total Number of Units Witbin the Development AB 2280 adds language to prior Government Code Section 65915(g)(3), which after amendment is at Section 65915(f)(3), which states that density bonuses based on senior housing developments, pursuant to Government Code Section 65915(b)(1)(C), must be based on the number of senior housing units, not the total number of units in the development. This addition arose out of concern with the results of a Court of Appeal decision (Friends of Lagoon Valley v. City of Vacaville, 154 Cal. App. 4th 807 (2007)) that allowed the 20% density bonus to be applied to the entire development (over 800 units, with only 50 units as affordable senior housing units). Therefore, this change RICHARDS I WATSON GERSHON ATTORNEYS AT LAW-A PROF[SSIONAI FOR PO RATION Ms. Lauri Aylaian January 6, 2009 Page 4 units, with only 50 units as affordable senior housing units). Therefore, this change I clarifies that the required density bonus must be based on the number of affordable senior housing units, not the total number of units within the development. AB 2280 Allows Cities and Counties to Grant Greater Density Bonuses,but Only If Permitted by Local Ordinance Density bonus taw states that it shall not be construed to prohibit a local agency from granting density bonuses greater than those required under State law. (Government Code Section 65915(h).) AB 2280 stipulates, however, that a local agency must include such latitude in a local ordinance in order to grant a greater density.' Although AB 2280 does not make clear whether the local ordinance must indicate a specific "greater amount"that may be granted, a range of"greater amounts" that may be granted or merely indicate that a"greater amount" as determined on a case-by-case basis, may be granted, presumably any of these approaches would be acceptable. Further, we are happy to review a city's current density bonus ordinance and work with staff in order to determine an appropriate means of amending said ordinances to permit the granting of greater density bonuses, if so desired. The amendment does not require a local agency to provide for greater density than under State law, but does make the tool available to those agencies that wish to do so. Please feel free to forward this letter to other City staff or officials who may find this of interest. Very truly yours, David M. Snow cc: William L. Strausz P6402-0001U 109067v1.doc I In Friends of Lagoon Valley v. City of Vacaville, the court references Government Code Section 65915(n) in support of its position and states "[n]othing in the Density Bonus Law suggests that a municipality must enact an ordinance any time it wishes to provide more of a density bonus than is required by state law. If the Legislature had intended to require an ordinance in such situations, it could easily have said so,and it is not the court's place to insert words into the statute." (Id.at 826.) i The Linkage between the Sustainable Community Strategy and the Regional Housing Needs Assessment (RHNA) Prepared by Joseph Carreras,Program Manager,Housing/RHNA August 26, 2009 The scheduled 2012 RHNA will set local housing and Zoning goals to support future growth, including transit oriented, mixed use and infill development. These local goals are in turn aggregated into a region wide Sustainable Community Strategy(SCS)to fairly allocate Green House Gas(GHG)emission reduction targets across the region. SB 375 calls for a RHNA to be consistent with an SCS, and a Regional Transportation Plan(RTP)must be coordinated with an SCS and RHNA over eight years even though tine transportation plan is updated every four years. The RTP development pattern must comply with federal haw, which requires that any updated growth pattern be based upon "current planning assumptions"that include the information in local general plans, including the housing and land use elements, and sphere of influence boundaries. SB 375 anti-sprawl emphasis also calls for a RHNA and its housing allocation plan to support "irauspotation efficiency."The fair share!rousing allocation plan will focus new development in Transit Priority Areas and near employment centers within the transportation network To the extent that infill projects displace existing transit dependant residents of lower intone there may be important environmental justice and gentrification issues to address and mixed income housing strategies will take ore new importance. What is the relationship between the SCS and RHNA? The Regional Housing Needs Assessment(RHNA)is a policy based forecast of future household growth with a vacancy and replacement housing allowances.The RHNA is used in the development and periodic updating of the housing element of local jurisdiction's General Plan. The Legislature passed SB 375 in 2008 as the land use and transportation planning component of the state's effort to achieve the greenhouse gas emission reduction goals of The Global Warming Solutions Act of 2006(AB 32). The legislation is an attempt to integrate preparation of the RHNA and regional transportation plans (RTP)by requiring consistency between the RHNA and the"sustainable communities' strategy" (SCS), which must be part of the RTP. It links funding for transportation projects to the SCS, requiring consistency between the SCS and the financial and action elements of the RTP. SB 375 requires that the regional distribution of housing need is consistent with the Sustainable Communities Strategy (SCS)of a metropolitan area, and that the integrated growth forecast used in the housing distribution is the same as the one used in meeting mobility needs in a Regional Transportation Plan(RTP). The RHNA also determines the amount and income distribution of housing development capacity that each city and Carreras I Does 15331Iv5 8/25/09 county must zone for during an eight year planning period - instead of five years - in air quality non-attainment area such as the SCAG region. The SCS and General Plans General Plans are not required to be consistent with a SCS, but the RHNA allocation may trigger amendments to a General Plan or changes to local zoning which need to be completed within three years of adoption of the updated Housing Elements. In addition, if the community failed to make available sites to accommodate any portion of the RHNA of the prior planning period, the program should also contain an action program to zone or rezone adequate sites to accommodate that shortfall. Thus, there is clear direct relationship between SCS and RHNA, and the periodic update of local housing elements. The RHNA and SCS will together identify the general location of uses, residential densities, and building intensities within the region based on the updated local housing elements within a metropolitan area.Transportation projects must conform to the regional sustainability plan, and certain private development projects get a CEQA exemption or streamlined review, but there is no explicit tie between the regional sustainability plans and the local general plans, although there is a linkage to the Regional Housing Needs Assessment(RHNA)process. This alignment means that transportation investments will now be consistent with the obligations of local governments to enact zoning. CEQA Incentives The intent of SB 375 is to have both transportation and housing projects consistent with the SCS. SB 375 creates a new CEQA document, the sustainable communities' environmental assessment and the transit priority project(TPP) environmental impact report. Local governments are authorized, but not required, to set traffic mitigation policies in advance. Transit priority projects that comply with those policies cannot be required to do additional traffic mitigation as a result of the CEQA process. At the regional level locating more housing near employment opportunities and transit will reduce VMT, greenhouse gas emissions, air pollution, and gasoline consumption as compared with locating that housing on the urban fringe. Yet, when the local government analyzes new development in the urban core,it will estimate the number trips generated as a result of a specific project. From the local government's perspective, it will appear that reducing the size of the project will reduce the number of trips and hence reduce climate emissions, air pollution, and gasoline consumption—the exact opposite of the conclusion reached by an analysis on the regional scale of infill development.This is because the benefits of less auto use, more walking, increased transit ridership and less far away development are not factored into the analysis. Development away from the transportation network requires expensive investments in new infrastructure and creates costly fiscal, natural resource and environmental impacts. These costs collectively exceed the impacts of strategically defined infill development near transit and employment that land use modeling finds as beneficial in meeting sustainable,climate action goals. For these reasons SB 375 incorporates CEQA incentives as part of the community toolbox available to local governments. Can-eras 2 Does 153311v5 8/25/09 Achieving GHG Targets and Defining Fair Share Goals The RHNA distribution of housing need must be consistent with the SCS at the jurisdictional level. The"three legs"of the Sustainable Communities Strategy needed to meet Regional Greenhouse Gas Emission Targets are the RHNA distribution of housing, CEQA incentives implementing climate policy and the RTP modeling impacts of land use policy on vehicle miles traveled (VMT). Collectively, these regional and local plans are intended to identify the locations for growth and investment that help achieve climate goals supporting metropolitan area sustainability targets. The RHNA serves the SCS by collectively identifying general locations-cutting across cities and counties -for priority housing projects (TPP&Mixed use/Infill)but the RHNA allocations are still made at the jurisdictional level and it is up to local government to make land use decisions that align the RHNA with the SCS in order to meet Regional Emission Reduction Targets set by the California Air Resources Board (ARB). The sustainable communities' strategy is a growth strategy for the region which, in combination with transportation policies and programs, strives to reduce greenhouse gas emissions and, if it is feasible, help meet ARB's targets for the region. If the sustainable communities' strategy(SCS) will not achieve the region's greenhouse gas reduction target, the region must also prepare a separate document called the "alternative planning strategy(APS)." Projects consistent with this strategy also qualify for CEQA incentives. When SCAG adopts either an SCS or APS on behalf of the region,it will submit the strategy to the California Air Resources Board for review. If the ARB should find that the SCS will not achieve targeted greenhouse gas reductions, SCAG will be required to either revise the strategy or adopt an APS. If an APS is submitted,it must meet the emission reduction target and identify the impediments to achieving the target through an SCS. It is important to note that neither strategy regulates or supersedes the land use authority of local government. However, SB 375 does require consistency between the SCS/APS and the allocation of the RHNA to local governments. One of the challenges ahead is to define a new"fair share"concept to collectively address the Regional Greenhouse Emissions Goal as well as distributing affordable housing needs in ways that do not concentrate lower income housing opportunities where they already exist and provides more housing choice for all households,including transit dependant populations with lower incomes,the modest income workforce and those able to afford market rate housing. Conclusion The regional Sustainable Communities Strategy in support of housing and transportation planning make three significant changes over past practice. First, the SCS must accommodate all the population growth of the metropolitan region within the region. Second, the population growth projections must include the increased housing demand caused by anticipated employment growth or expansion on the transportation network and environment. These provisions recognize the crucial linkage between a regional-scale Carreras 3 Does 153311v5 8/25/09 Stendell, Ryan From: Moore, Janet Sent: Tuesday, March 16, 2010 2:46 PM To: 'Nicole Criste' Cc: Aylaian, Lauri; Stendell, Ryan; Gonzales, Jessica Subject: RE: Housing Element Attachments: image001.jpg Nicole, I have some clarifications before I can finalize the comments from the Housing Department. I realize the questions are many(EEK!), but some are fairly easy to answer, any answers at this point will help us move forward. They are in the order of the document: What date are thinking we should use as the 'through' date? Through today,through Dec 2009? It makes a difference with respect to the numbers in the text. 2. Under the BACKGROUND section, Program 1.A discusses the development at 42nd and Merle. Should we include something about the subsidies that were used on the for-sale development (BEGIN funds and 20%funds) and the amount?The amounts may just open the door to ask what the other Program Amounts were (don't want to do that....) but the funding source may be good information to show that we leveraged our funds. 3. Program 1.C. How detailed are we going here? There is quite a bit missing we can fix it but we need to know what direction to take it. That said, we were trying to determine whether it would be better to show the 'density' units in Policy 7 instead since we technically don't subsidize them? If not, then we will have quite a lengthy"Evaluation" under 1.C. 4. Program 1.D Should we mention the waitlist we maintain for resales? S. Program 2.E Do we want to describe Indian Springs in this section? We now have a settlement so we could add that in.... 6. Program 3.A the number"125" is too high based on the information that we have. Do you know where this number came from? For last year I think it was about 105 and the year before was about 90. Not a really big issue but just trying to keep our"numbers straight. 7. GENERAL comment— I notice that in various places we say "previous planning period" and in others we say "during the last planning period" I'm sure it is just me, but it seems confusing. Is previous, previous to this one or previous to the last one, or is the last planning period the one before this one...... 8. Policy 4 We just did our 5-year plan in 2009. Should we mention it or will it just confuse them because we were supposed to file this in 2008? This 2008 vs. 2009 thing is a common theme among several of these clarifications.... 9. This question goes along with #3 above. On Policy 7 does it make sense to list the density bonus units here? It does to me so that we can keep them straight but then again, I don't know what the State is looking for. 10. Policy 8.B need to be reworked a little bit. We demolished Country Village (I left out the wise crack comments). Also,just to be consistent with other reporting documents, do we want to go into detail about 'what' we did at Ca Villas and Laguna Palms since they are "substantially rehabilitated" under RDA law terms? 11. Table III-14, III-16, III-17, III-18... actually all of them through III-23 sn ufd clarify what geographic region they are for. Some say"City" some say "City of Palm Desert" and somE 't say anything. For example, III-14 doesn't say anything and the text says both Coachella Valley and City of PD so I am not sure what the table is for unless I really READ the text, but actually I still can't tell I guess. It is very useful info but it seems like it should be more uniform or clear. (Sorry the nit-picker accountant is coming out in me...) 12. When talking about EXISTING AFFORDABLE HOUSING PROGRAMS a. —Acquisition Rehabilitation and Resale—Should this include the units that the Agency has purchased back in Falcon Crest and Desert Rose? This is the program we use when we buy them back even though we may not have to do much to the units. 1 b. —Self-Help Housing—is this an appropriate place to add the 14 units on Merle and what we have done so far? I know we talk about it in several places but it is talking about what we will do. 13. Under AFFORDABLE HOUSING DEVELOPMENTS—the Agency owned units—we are verifying the numbers but they are a MOVING target. What are your thoughts about rewording this so that we use the word 'target' or 'at or below'? I am concerned that our finite list gives the impression that we do not deviate, however,we do based on a number of factors. 14. Under "Other Affordable Projects" in the same section, the last paragraph says "49" units. What are these and what SHOULD it include? 15. Under CONSTRAINTS TO THE DEVELOPMENT OF HOUSING— Economic Constraints—The median cost of the existing SFD is based on 2008 figures. Do we want to update that because later(Table III-30)we talk about in a different way and the number is yet again different? 16. Table III-27, Do we want to update that to current? We may have information that is from February 2010, but that goes back to the first question. What timeframe should this go through? Just a guess but I think the info from 2010 will be much different (lower). 17. Under"Energy Conservation" in the same section, is there any reason to include information about the Turf Buyback program? 18. Table III-28,just a suggestion. Can we switch Moderate and Median and bold MEDIAN? It just looks funny since Moderate is higher than Median. (Sorry I think that one was nit-picking again...) 19. Table III-30 refers back to #15 above. The Median SFD price listed in the table is$353,000 but it is different than what we say it was in 2008 in the Constraints section. If this changes it will change the entire table calculations and may then change the text related to those sections such as: under LAND INVENTORY. The third paragraph ,starts out by saying"...The rising cost of land and housing makes..." but we say in the Constraints section that the prices are going down. Ok, those are my questions in order to move forward. Our changes to the document depend on these clarifications. Janet Moore Director of Housing Extension 327 From: Nicole Criste [mailto:ncriste@Terranovaplanning.com] Sent: Tuesday, March 09, 2010 12:52 PM To: Stendell, Ryan; Aylaian, Lauri; Moore, Janet Subject: Housing Element Hello All! I have amended Ryan's version of the element to include language on homeless shelters (page 25) and a different program for same (page 38), which is consistent with what the state has been making other cities do. Please note that I have picked Planned Industrial, but you may want to change it. We have to have at least 5 acres vacant, which you'll note I also need information on. Also, could Janet please take a look at Table III-34, and make sure it's still correct? When I get the OK from you, we will submit. Nicole r '11 -d Nicole Sauviat Criste Principal Terra Nova Planning & Research, Inc.@ 2 1 . 400 S. Farrell Drive, Suite B-205 Palm Springs, CA 92262 Phone: 760-320-9040 Fax: 760-322-2760 E-Mail: ncriste@terranovaplanning.com 3 t _ jobs-housing balance and reduced VNIT and GHG emission. Third, the SCS must identify areas within the region sufficient to house all the population of the region, including all economic segments of the population, over the course of the planning period of the regional transportation plan, and supported by periodic updates of the housing elements of local General Plans. Caneras 4 Docs 153311v5 8/25/09 Attachment 1: RHNA Policy Issues RHNA policy issues and questions related to its integration into an SCS include, but are not limited to:l • What if any adjustments are needed to ensure that a RHNA fair share plan and targets for GHG and VMT reduction promote housing choice and does not put low income housing in areas where it is already concentrated?Existing policy calls for a 110% fair share adjustment supported by a"Healthy Market" vacancy rate for non-impacted jurisdictions. • RHNA allocation numbers must conform to the Sustainable Communities Strategy, but should such allocations allow more housing in transit-rich areas by shifting the distribution of the RHNA numbers to accommodate that goal as a way to address the regional Sustainable Communities Strategy's vehicle miles traveled (VMT) and Green House Gas (GHG)reduction targets?Existing policy provides for a job housing balance through the application of AB 2158 factors in the growth forecast. • In establishing vacancy and replacement allowance policies,should there be an existing vacancy rate adjustment credit against future need?Existing policy to use a 3.5% vacancy rate to adjust future need. Vacancy needs and credits against future construction need were discussed but not adopted in the last RHNA. • Should an approach be adopted in the next RHNA/Housing Element cycle to allow foreclosures turned into affordable housing opportunities (HUD NSP program)to be credit toward future RHNA construction need targets?Existing policy does not provide for this option as noted above. • Should a Regional versus County median income be used in determining a jurisdiction's fair share housing need by income group?Existing law calls for the use of the County median income, although it is possible to obtain the approval to use the Regional Median Income. • Subregional funding and delegation could be scaled to promote increasing levels of involvement- up to full delegation-in the distribution of housing need, including the administration of transfers of need between communities and conducting the revision and appeals process. Existing policy provides for limited funding for RHNA delegation only, although a set of guidelines and framework for SCS delegation is being developed. Subregions may choose either RHNA or SCS delegation or both. • Should policies related to specific factors in housing law to meet AB 2158 planning factor consistency be weighted differently? For instance, should more weight be given to job housing balance adjustments in ensuring an efficient distribution of housing within commute sheds across the region? • Adequate RHNA funding is needed to support the integrated forecast and housing allocation and distribution process in support of SB 375 goals, especially in supporting subregional involvement. What initiatives are needed to secure such funding? RHNA Reform Task Force recommendations dated April 2009. Carreras 5 Does 153311v5 8/25/09 Attachment 2: RHNA Schedule with Key Milestonesz Current Statutory Schedule Based on proposed SB 575 clean up language and SB 375 requirements for an RTP- RHNA planning cycle,the following are key RHNA milestones and steps. A new RTP/SCS notification requirement was introduced in SB 375. SCAG must notify Caltrans and State HCD 12 months in advance of the estimated RTP adoption date. So, in our case, SCAG would have given this notice to HCD and Caltrans by April 2011. This notice fixes the time frame for RHNA/SCS and housing element adoption due dates. Of note, SCAG may not be able to adopt the draft RHNA in advance of the RTP/Sustainable Community Strategy because of the"consistency"findings need when the RTP is adopted, as projected, in April 2012. For the SCAG region, SB 375 sets the fifth revision housing element date at 18 months after completion of the first RTP after September 30, 2010. It also requires SCAG to notify Caltrans and HCD 12 months in advance of the estimated RTP adoption date (e.g. April 2011 for an estimated RTP adoption in April 2012) and, then, specifies that fifth revision housing element due dates would be 18 months henceforth from that estimated adoption date. This provides greater clarity on the date of housing element revisions for the fifth revision than is in the current statute. The fifth revision housing elements for local jurisdictions in the SCAG region would be October 2013 (e.g. 18 months from April 2012).This allows localities the full 18 months to prepare an update and less time if SCAG is late in adopting the RTP/SCS.For instance, if SCAG adopts its RTP/SCS in June 2012, localities would have no more than 16 months to prepare an update.However, because of the concern over not letting conformity lapse, it is highly unlikely that the RTP adoption would be "late." 2012 RTP/SCS and RHNA Timeline H.E.Planning Period—Oct 2013 to Sept.2021 (8 years) Base Year: Jan.2011 Oct. 2013 5th revision SCAG due date for local Housing Element submissions to State HCD— 18 mo from draft RTP/SCS & 12 mo.from RHNA • Housing element due to HCD 18 months after local agency receives RHNA allocation (one year after final RHNA) • Local agency must adopt housing element 120 days after statutory deadline to HCD to avoid a 4 year cycle; otherwise localities are on an 8 year cycle 2 Technical Overview of SB 375 Memorandum prepared by the California League of Cities, dated September 2008. Carreras 6 Docs153311v5 8/25/09 Oct. 2012 Final RHNA Adopted—6 months from RTP/SCS adoption First six months from RTP/SCS adoption and Draft RHNA adoption, agencies may request COG reconsider of an allocation and file revision and appeals-successful appeals are re-allocated back proportionately • Local agency starts drafting housing element if satisfied with draft allocation of RHNA need • Final RHNA allocation adopted by COG at 6 months June 2012 ARB approves RTP/SCS and/or APS (60 days from SCAG submittal) April 2012 Draft RHNA Issued—RTP/SCS adoption by SCAG COG distributes draft RHNA allocation consistent with SCS; every agency must within SCS get some of the housing allocation. Sept 2011 HCD approves SCAG's Statewide share of Regional Housing Need—26 months from HE due date HCD consults with COG regarding assumptions and methodology to be used to determine housing needs • COG Develops Regional Growth Forecast • Subregions are designated to prepare SCS and/or RHNA allocations as appropriate • COG conducts survey of its member jurisdictions • HCD gives regional housing number to COGS • COG develops methodology for distributing RHNA consistent with development pattern in SCS April 2011 SCAG notifies Caltrans and State HCD of estimated RTP/SCS adoption date Sept 2010 CARB Targets Issued April2010 Census Carreras 7 Does 153311v5 8/25/09 Attachment 3: RHNA and SCS Schematic3 The following 18 step diagram illustrates one way in which a Regional Transportation Plan (RTP) and Sustainable Community's Strategy (SCS), including sub regional strategies, are intended to synchronize with the Regional Housing Needs Assessment (RHNA) and tie into the periodic update of the housing element of local General Plans in the SCAG region. sd 375 ImplementatEon 18 IAPOe.Exceptions for SCA sub-regions partiCipadon. A sub-feglo n SCAG. 6:Alloatt Sub-region Tar9en Allocate LNL Emission Reduction Target 2;Establish SCS FQM.,k oI} nl 188 cities i - Air sou is C) _ Sub-Reg l nA1P0 A and 3:peveI P G ' tlinCs SLAG. a:R. /Approve A/ sty ••:Inform Methodologies& 5:Update 2012 Plans Sub-region 7:Draft Tools SCS 1 Sub-region (travel demand... V Strategy b g:Input to SO Analyses RTPand RNNP have V. aligned revision cycles,. , 12:Accommodate _ 9:Input a RHNA . SCS Analyxs F Regional Re nin9 Sub-rcgbn Sustainable xo Sustalnabl< CommuniUcs Communides Strategy 10:Integrate Sub-rcglon -0 Slraim 11:RevM/Approve Scs 3 Kelly Chan, Center for Geographic Information Science Research, Cal Poly Pomona SB375 Implementation Life-Cycle Leonard Transportation Center Forum May 2009. Carreras g Does 153311 v5 8/25/09 RECEIVED DEC 2 3 2009 NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION ;OMMUNITYDEVELOPMENTDEPARTMENT UPDATE OF THE HOUSING ELEMENT OF THE GENERAL p 1RVA'PALMDESERT LEAD AGENCY: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 CONTACT PERSON: Craig A. Ewing, AICP; Director of Planning Services (760) 323-8245; craio.ewing o)palmsprings-ca.goy PROJECT TITLE: Update of the Housing Element of the General Plan PROJECT LOCATION: City-wide PROJECT DESCRIPTION: The City is required to update the Housing Element of the General Plan on a State-prescribed schedule. The current planning period is 2006 through 2014. The Housing Element addresses the housing needs of all economic segments of the community, with a particular focus on special housing needs and lower income households. The update addresses all the mandated components required of the Housing Element, including an evaluation of the effectiveness of goals, policies and programs in the 1998-2006 Housing Element; statistical data; special housing needs; the City's Regional Housing Needs Assessment (RHNA); and goals, policies and programs for this planning period. FINDINGS/DETERMINATION: The City has reviewed and considered the proposed project and has determined that the proposed update to the Housing Element will have no impact on the environment. The City hereby prepares and proposes to adopt a Negative Declaration for this project. PUBLIC REVIEW PERIOD: A 20-day public review period for the Draft Negative Declaration will commence at 8:00 a.m. on December 22, 2009 and end on January 11, 2010 at 5:00 p.m. for interested individuals and public agencies to submit written comments on the document. Any written comments on the Negative Declaration must be received at the above address within the public review period. In addition, you may email comments to the following address: crai4.ewin- ( malmsprings-ca.- copies of the Negative Declaration and Initial Study are available for review at the above address and at the City library. PUBLIC MEETING: This matter has been set for public hearing before the Planning Commission on January 14, 2010 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION O� .PALM S V v INITIAL STUDY/MITIGATED NEGATIVE DECLARATION R�OR11TC0 _ Project Title: Update of the Housin Element of the General Plan Case No. General Plan Amendment Number 5.1215 Assessor's Parcel No. City-wide Lead Agency Name and City of Palm Springs Address: 3200 E.Tahquitz Way PalmSprings, California 92262 Project Location: City-wide Project Sponsor's Name and City of Palm Springs P3200 ETahquitz Way Address: alm Springs, California 92262 General Plan Desi nations : Varies Zoning: Varies Contact Person: Craig Ewing Phone Number: 760 323-8245 Date Prepared December 21, 2009 City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 1 INITIAL STUDY/NEGATIVE DECLARATION Descrlpffon of the Project The City is required to update the Housing Element of the General Plan on a State-prescribed schedule. The current planning period is 2006 through 2014. The Housing Element addresses the housing needs of all economic segments of the community, with a particular focus on special housing needs and lower income households. The update addresses all the mandated components required of the Housing Element, including an evaluation of the effectiveness of goals, policies and programs in the 1998-2006 Housing Element; statistical data; special housing needs; the City's Regional Housing Needs Assessment (RHNA); and goals, policies and programs for this planning period. Environmental Setting and Surrounding Land Uses The update will apply to all lands in the City. Other public agencies whose approval is required None Environmental Factors Potentfally Affected: The environmental factors checked below would be potentially affected by this project, as indicated by the checklist and corresponding discussion on the following pages. ❑ Aesthetics ❑ Agricultural Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards & Hazardous ❑ Hydrology/water Quality ❑ Land use/Planning Materials ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance City of Palm Springs Mousing Element Update December 2009 Initial Study/Negative Declaration 2 INITIAL STUDY/NEGATIE DECLARATION DETERMINATION: The City of Palm Springs Planning Department On the basis of this initial evaluation: ® I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment there will not be a significant effect In this case because tevislons in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared., ❑ I find that the proposed project MAY.have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT Is requlred. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mtiigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards,and 2) has been addressed by mitigation measures based on the earlier analysis as described on `attached sheets. An ENVIRONMENTAL IMPACT REPORT is. required,but it must analyze only the effects that remain to be addressed. [] 1 find that although the proposed project could have a significant effect on the environment, because aR potenticlly significant effects (a) have been analyzed adequately in an earlier OR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier OR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project,nothing further is required. Plan r ignature Date E' g,Al Director of Planning Service PURPOSE OF THiS INITIAL STUDY This Initial Study has been prepared consistent with CEQA Guidelines Section 15063,to determine if the update of the Housing Element may have a significant effect upon the environment. Based upon the findings contained within this report, the Initial Study will be used in support of a Negative Declaration. EVALUATION Of ENVIRONMENTAL IMPACTS 1) A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A."No Impact' answer is*adequately supported 9 the referenced Information sources show that the Impact simply does not apply to projects like the one Involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., City of Palm Springs Housing Bement Update December 2009 initial Study/NegaHre Dedaraffoo. 3 INITIAL STUDY/NEGATIVE DECLARATION the project will not expose sensitive receptors to pollutants, based on project-specific screening analysis). 2) All answers must take into account the whole action involved, including offsite as well as onsite, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an EIR is required. 4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level mitigation measures from Section XVII, "Earlier Analyses,' may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEGA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated;' describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question: and b) The mitigation measure identified, if any, to reduce the impacts to less than significance. City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 4 INITIAL STUDY/NEGATIVE DECLARATION I. AESTHETICS Potentially Potentially Significant Less Than No Significant Unless Significant Impact ,Impact Mitigation Impact Would the project: incorporated a) Have a substantial adverse effect on a scenic ❑ El ❑ vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock ❑ ❑ ❑ outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its ❑ ❑ ❑ IS surroundings? d) Create a new source of substantial light or glare which would adversely affect day or ❑ ❑ ❑ nighttime views in the area? Setting The City of Palm Springs is located in the' valley floor in the southwest corner of the Coachella Valley where Palm Canyon enters the valley from the south. The city is framed by views of the San Jacinto Mountains to the south, west, and partially to the east; by open desert and the City of Cathedral City to the east; and the Little San Bernardino Mountains to the north. Discussion of Impacts a)-d) No Impact. The update of the Housing Element will have no impact on aesthetics. The Housing Element is a policy document which establishes the goals, policies and programs which address providing adequate housing for the period from 2006 to 2014. The Housing Element makes no changes to existing development standards or guidelines, and will not affect how individual projects are reviewed in the future. As required by CEQA, the City will undertake environmental review of individual projects as they are brought forward for consideration, and evaluate each project's impacts on aesthetics at that time. City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 5 INITIAL STUDY/NEGATIVE DECLARATION II. AGRICULTURAL RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Potentially Potentially Significant Less Than No Significant Unless Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Setting The City is an urban environment, and does nct contain agricultural lands, or agricultural land uses. Agriculture occurs in the eastern Coachella Valley, at least 15 miles to the east. a)-c) No Impact. There are no designated farmlands in the City. As a result, no agricultural land uses occur in the City, and zoning standards are not germane. There are no known Williamson Act contracts in the City. The adoption of the Housing Element update will not change any existing land uses, or land use designations, and will have no impact on agricultural resources. City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 6 INITIAL STUDY/NEGATIVE DECLARATION III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Potentially Potentially Significant Less Than No Significant Unless - Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Conflict with or obstruct implementation of El El Elthe applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air ❑ ❑ ❑ quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air ❑ ❑ ❑ quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Result in significant construction-related air ❑ ❑ quality impacts? e) Expose sensitive receptors to substantial ❑ ❑ ❑ pollutant concentrations? f) Create objectionable odors affecting a ❑ ❑ ❑ substantial number of people? Setting The City of Palm Springs is in the Coachella Valley. Palm Spring's climate is characterized by low annual rainfall (2 to 6 inches per year) and low humidity with temperatures ranging from 800 F to 108° F in July and 400 F to 570 F in January. The City is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD) as relates to air quality management. The SCAQMD maintains air quality monitoring stations in Palm Springs and Indio. The stations monitor criteria pollutants ozone, nitrogen dioxide, carbon monoxide, particulate matter under 10 microns (PMIo) and fine particulate matter 2.5 microns in size (PM2.5). The Coachella Valley is currently a non-attainment area for particulate matter of 10 microns or less, and ozone. o)-f) No Impact. The update of the Housing Element will have no impact on air quality. The update does not change land use designations defined in the General Plan Land Use Element, and will not result in any vehicle trips or stationary source emissions which could impact air quality. As required by CEQA, the City will undertake environmental review of individual projects as they are brought forward for consideration, and evaluate each project's impacts on air quality at that time. City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 7 INITIAL STUDY/NEGATIVE DECLARATION IV. BIOLOGICAL RESOURCES Potentially Potentially Significant Less Than No Significant Unless Significant Impact Would the project: Impact Mitigation Impact Incorporated a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or ❑ ❑ ❑ regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional ❑ ❑ ❑ plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not ❑ ❑ ❑ limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or ❑ ❑ ❑ migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a ❑ ❑ ❑ tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other ❑ ❑ ❑ approved local, regional, or state habitat conservation plan? Setting The City is located in the Coachella, which is located in the Sonoran Desert. The most common habitat in the City is creosote bush scrub. The City has participated in the preparation and adoption of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), which establishes reserves for species of concem, requires the payment of a mitigation fee for lands not designated for conservation, and requires the preparation of biological resource studies for certain species. All projects proposed in the City are subject to the requirements of the CVMSHCP. City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration B INITIAL STUDY/NEGATIVE DECLARATION Discussion of Impacts a)-f) No Impact. The adoption of the Housing Element update will have no impact on biological resources. The update makes no changes to existing General Plan policies and programs geared toward the preservation of species. As required by CEQA, the City will undertake environmental review of individual projects as they are brought forward for consideration, and evaluate each project's impacts on biological resources at that time. Should sensitive species, wetlands, riparian habitat or wildlife corridors occur on a particular property, impacts will be assessed, and mitigation measures recommended if necessary, at that time. City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 9 l INITIAL STUDY/NEGATIVE DECLARATION V. CULTURAL RESOURCES Potentially Potentially Significant Less.Than No Significant Unless Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Cause a substantial adverse change in the significance of a historical resource as defined ❑ ❑ ❑ in 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource ❑ ❑ ❑ pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique ❑ ❑ ❑ geologic feature? d) Disturb any human remains, including those ❑ ❑ ❑ interred outside of formal cemeteries? Setting The City occurs in the traditional territory of the Desert Cahuilla, with a history dating back to 1,000 BC. Evidence of Cahuilla occupation in the Coachella Valley dates to over 500 years ago, when the Tribe settled around ancient Lake Cahuilla, in the area of present day La Quinta and Indio. The canyons surrounding Palm Springs also have yielded evidence of use by the Tribe, which took advantage of water sources, food sources from plants and animals, and rock for tool-making. The City's modern history began in the early 1870s, when John Guthrie McCallum purchased land in the area, and later subdivided it. Rapid expansion in the area began in the 1920s, with the City's spreading reputation as a health resort, and the increased interest from the Hollywood movie community. Until the end of World War 11, architecture in the town site consisted primarily of Mission Revival and Spanish Colonial Revival structures. Development was centered around Palm Canyon Drive, as hotels and shops were constructed. After World War 11, new development tended to reflect modern architectural styles, and the City has recognized many post-war buildings as historic. The City occurs well outside the boundary of ancient Lake Cahuilla, an area where paleontological resources have occurred. Further, soils in the City are generally post-Pleistocene age alluvium from the surrounding mountains, too new in the context of paleontology to yield fossilized remains. Discussion of Impacts a)-d) No Impact. The adoption of the Housing Element update will have no impact on cultural resources. The update makes no changes to existing General Plan policies and programs geared toward the preservation of cultural resources. As required by CEQA, the City will undertake environmental review of individual projects as they are brought forward for consideration, and evaluate each project's impacts on cultural resources at that time. The City will continue to confer with the Agua Caliente Band of Cahuilla Indians on City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 10 INITIAL STUDY/NEGATIVE DECLARATION individual projects, to assure that potential impacts are addressed and mitigated as construction occurs. City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 17 INITIAL STUDY/NEGATIVE DECLARATION VI. GEOLOGY AND SOILS Potentially Potentially Significant Less-Than No Significant Unless Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area ❑ ❑ ❑ or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic-related ground failure, including ❑ ❑ ❑ liquefaction? iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of ❑ ❑ ❑ topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in ❑ ❑ ❑ on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code ❑ ❑ ❑ (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative ❑ ❑ ❑ wastewater disposal systems where sewers are not available for the disposal of wastewater? Setting The San Andreas Fault zone is the major fault in the Coachella Valley. Breaks associated with the Fault cover a generally northwest-southeast trending zone approximately 10 miles wide, north and east of the City. There are no Alquist Priolo Fault Zones in the City. Soils in the City consist of alluvial deposits which originated in the surrounding mountains, and consist primarily of sands, silts and cobbles. City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 12 INITIAL STUDY/NEGATIVE DECLARATION Discussion of Impacts a)-e) No Impact.The adoption of the Housing Element update will have no impact on geology or soils. As required by CEGA, the City will undertake environmental review of individual projects as they are brought forward for consideration, and evaluate each project's impacts on both geology and soils at that time. City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration. 13 INITIAL STUDY/NEGATIVE DECLARATION VII. HAZARDS AND HAZARDOUS MATERIALS Potentially Potentially Significant Less Than No Significant Unless Significant Impact Impact Mitigation Impact Would the project: incorporated a) Create a significant hazard to the public or the environment through the routine transport, use, ❑ ❑ ❑ or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the ❑ ❑ ❑ release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or ❑ ❑ ❑ waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Govemment Code Section 65962.5 and, as ❑ ❑ ❑ a result, would it create o significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or ❑ ❑ ❑ public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety ❑ ❑ ❑ hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with on adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to ❑ ❑ ❑ urbanized areas or where residences are intermixed with wildlands? Sett(ng The City's Fire Department and the Riverside County Department of Environmental Health implement regulation of hazardous material storage, use and transport. There are a number of City or Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 14 INITIAL STUDY/NEGATIVE DECLARATION small generators of'hazardous materials in the City. Housing development in the future will result in small quantities of household cleaners, chemicals and similar substances. Discussion of Impacts a)-h) No Impact. The adoption of the Housing Element update will have no impact on hazards and hazardous materials. The eventual development of housing in the future will not result in the transport, use or storage of significant quantities of hazardous materials. The development of housing is not expected to affect emergency response plans. The City is not subject to hazards from wildland fires. As required by CEGA, the City will undertake environmental review of individual projects as they are brought forward for consideration, and evaluate each project's impacts on hazards and hazardous materials at that time. City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 15 INITIAL STUDY/NEGATIVE DECLARATION VIII. HYDROLOGY AND WATER QUALITY Potentially Potentially Significant Less Than No Significant unless Significant Impact Impact Mitigation Impact Would the project: incorporated a) Violate any water quality standards or waste ❑ ❑ ❑ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the ❑ ❑ ❑ production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or ❑ ❑ ❑ river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or ❑ ❑ ❑ river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or ❑ ❑ ❑ provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water ❑ ❑ ❑ quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard ❑ ❑ ❑ Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Source: h) Place within a 100-year flood hazard area structures which would impede or redirect ❑ ❑ ❑ flood flows? i) Expose people or structures to a significant risk ❑ ❑ ❑ of loss, injury or death involving flooding, including flooding as a result of the failure of a City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 16 INITIAL STUDY/NEGATIVE DECLARATION Vill. HYDROLOGY AND WATER QUALITY Potentially Potentially Significant Less Than No Significant Unless Significant Impact Impact Mitigation Impact Would the project: Incorporated levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ Setting Desert Water Agency (DWA) supplies domestic water to the City. The DWA pumps water from a number of wells throughout the area for domestic use. Groundwater has historically been the principal source of domestic water in the City. DWA also recharges groundwater through recharge basins located in the northwestern portion of the City. Sanitary sewer services to the site will be provided at the City's treatment plant. The City is implementing a master plan of drainage to address flood control issues. In addition, the City requires that all project contain the 100 year storm on-site, and implement stormwater management plans to assure that the provisions of the National Pollution Discharge Elimination System (NPDES) are adhered to. Discussion of Impacts a)-h) No Impact. The adoption of the Housing Element update will have no impact on hydrology or water quality. As described above, the City implements standard conditions of approval for all future projects to assure that water quality is preserved, and stormwater is retained and does not affect other properties. As required by CEQA, the City will undertake environmental review of individual projects as they are brought forward for consideration, and evaluate each project's impacts on hydrology and water quality at that time. City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 17 INITIAL STUDY/NEGATIVE DECLARATION ' IX. LAND USE AND PLANNING Potentially Potentially Significant less Than No Significant Unless Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local ❑ ❑ ❑ coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community ❑ ❑ ❑ conservation plan? Setting The City's General Plan includes a mix of residential, commercial, open space and institutional uses. The-Housing Element is a component of the General Plan, and identifies goals, policies and programs to facilitate the development of housing throughout the community. The City's Zoning Ordinance is the implementation tool for the General Plan. It includes zoning districts which correspond to the General Plan's land use designations for each type of land use in the City, and establishes development standards and guidelines for all types of uses. The City participates in the implementation of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP), which provides for the preservation of sensitive species throughout the Valley (please also see Biological Resources, above). Discussion of Impacts a)-c) No Impact. The update of the Housing Element will have no impact on land use and planning. The Housing Element does not change land use designations of the General Plan. The update includes changes required in the Zoning Ordinance to comply with State law, but does not affect development standards or guidelines already in place in that document. As required by CEQA, the City will undertake environmental review of individual projects as they are brought forward for consideration, and evaluate each project's impacts on land use and planning at that time. City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 19 INITIAL STUDY/NEGATIVE DECLARATION X. MINERAL RESOURCES Potentially , Potentially Significant Less Than No Significant Unless Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Result in the loss of availability of a known mineral resource that would be of value to ❑ ❑ ❑ the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site ❑ ❑ ❑ delineated on a local general plan, specific plan or other land use plan? Setting The California Division of Mines and Geology identifies portions of Palm Springs as a resource zone for aggregate/industrial minerals. The ma!odly of the City is located in Mineral Resource Zone 3 MRZ-3 (an area containing mineral deposits the significance of which cannot be evaluated from available data). MRZ-2 areas are located in the northern portion of the City. MRZ-2 represents an area where adequate information has been established to indicate that significant mineral deposits are present, or where it has been judged that a high likelihood for such deposits exists. Minerals in the Palm Springs area are limited to sand and gravel for aggregate and/or decorative stone purposes and limestone. Discussion of Impacts a)-b) No Impact. The update of the Housing Element will have no impact on mineral resources. Lands designated for residential development in the City do not occur on significant mineral resources. As required by CEQA, the City will undertake environmental review of individual projects as they are brought forward for consideration, and evaluate each project's impacts on mineral resources at that time. City of Palm Springs Housing Element Update December 2009 Initiaf Study/Negative Declaration 20 INITIAL STUDY/NEGATIVE DECLARATION XI. NOISE Potentially, Potentially Significant Less Than No Significant Unless Significant Impact Impact Mitigation Impact Would the project result in: incorporated a) Exposure of persons to or generation of noise levels in excess of standards established in the ❑ ❑ ❑ local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or ❑ ❑ ❑ groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels ❑ ❑ ❑ existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity ❑ ❑ ❑ above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport ❑ ❑ ❑ or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people ❑ ❑ residing or working in the project area to excessive noise levels? Setting The City of Palm Springs requires that the community noise equivalent level (CNEL) does not exceed 65 dB at the exterior living areas (rear yards) or 45 dB at the habitable interior living area for residential land uses. Discussion of Impacts a)-f) No Impact. The update of the Housing Element will have no impact on noise. Future residential projects will occur in all areas of the City, and will be required to implement the City's noise attenuation standards. As required by CEQA, the City will undertake environmental review of individual projects as they are brought forward for consideration, and evaluate each project's impacts on noise at that time. City of Palm Springs Housing Element Update December 2009 In1Hal Study/Negative Declaration 21 INITIAL STUDY/NEGATIVE DECLARATION XII. POPULATION AND HOUSING Potentially Potentially Significant Less Than No Significant Unless Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or ❑ ❑ ❑ indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of ❑ ❑ ❑ replacement housing elsewhere? . c) Displace substantial numbers of people, necessitating the construction of ❑ ❑ ❑ replacement housing elsewhere? Setting The City's population in 2009 is estimated to be 47,601. This population is housed in a total of 33,558 housing units. Single family attached and detached development represent 56% of the current housing stock. Discussion of Impacts a)-c) No Impact. The adoption of the Housing Element will have no impact on population and housing. The Housing Element addresses the City's need for housing for the period from 2006 through 2014. The Regional Housing Needs Assessment (RHNA), which assigns the City its share of the number of housing units needed State-wide, has been developed using the same growth projections used by the Southern California Association of Governments and the Coachella Valley Association of Governments. These projections were also used in the preparation of the City's General Plan and associated EIR, which were adopted in October of 2007. The Housing Element does not change land use designations, or affect the number of housing units which will be built in the planning period. As a result, the adoption of the Housing Element will not induce growth, but only facilitate the development of housing needed to meet demand in the planning period. As required by CEQA, the City will undertake environmental review of individual projects as they are brought forward for consideration, and evaluate each project's impacts on population and housing at that time. City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 22 INITIAL STUDY/NEGATIVE DECLARATION XIIL PUBLIC SERVICES Potentially Potentially Significant Less Than No Significant Unless Significant Impact Impact Mitigation Impact Would the project result in: Incorporated Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ❑ ❑ ❑ b) Police protection? ❑ ❑ ❑ 19 c) Schools? ❑ ❑ ❑ d) Parks? ❑ ❑ ❑ e) Other public facilities? ❑ ❑ ❑ Setting Fire Protection. The Palm Springs Fire Department provides fire protection and emergency medical service to the City. The Department currently operates five fire stations located throughout the city. The City has established maximum fire response time at five minutes. Police Protection. The City of Palm Springs Police Department provides law enforcement services within the City limits. The Department has a Services Division and an Operations Division. The Department does not have a standard ratio of officers to population, but does have a desired response time of 6 minutes for emergency calls and 20 minutes for non-emergency calls. Schools.The Palm Springs Unified School District (PSUSD) provides educational services for grades K-12 in the City of Palm Springs. Currently, there are 4 elementary schools. 1 middle school and 1 high school in the City. PSUSD is authorized to collect school facilities fees as provided for in Government Code Section 53080 et. seq. and 65995 et seq. Parks. The City of Palm Springs has seven parks located on approximately 140-acres within its boundaries. The City has a standard park ratio of 5 acres of parkland for every 1,000 population as required by City Ordinance 1632. Discussion of Impacts a)-e) No Impact. The adoption of the Housing Element will have no impact on public services. Future housing projects will occur throughout the City, and will be required to contribute to the City's emergency services CFD, to offset the costs of providing emergency services to new development. Similarly, all projects will be assessed State-mandated school fees, and will be assessed Quimby fees, or will provide parkland within their boundaries, to address the need for additional parks. As required by CEQA, the City will undertake City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 23 INITIAL STUDY/NEGATIVE DECLARATION environmental review of individual projects as they are brought forward for consideration, and evaluate each project's impacts on public services at that time. City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 24 INITIAL STUDY/NEGATIVE DECLARATION XIV. RECREATION Potentially Potentially significant Less Than No Significant Unless Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Increase the use of existing neighborhood and regional parks or other recreational facilities ❑ such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of ❑ recreational facilities which might have an adverse physical effect on the environment? Setting In addition to the 140-acres of developed parkland and several public and private golf courses, the City also includes a system of hiking/equestrian trails as well as bikeways. Other recreational offerings in the area include the Whitewater Wilderness Study Area and the Murray, Andreas and Palm Canyon recreation areas which are operated by the Agua Coliente Band of Cahuilla Indians. Discussion of Impacts a)-b) No Impact. The adoption of the Housing Element will have no impact on recreation. As described above, future housing projects will will be assessed Quimby fees, or will provide parkland within their boundaries, to address the need for additional parks. As required by CEQA, the City will undertake environmental review of individual projects as they are brought forward for consideration, and evaluate each project's impacts on recreation at that time. City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Deciaratian 25 INITIAL STUDY/NEGATIVE DECLARATION XV. TRANSPORTATION/TRAFFIC Potentially Potentially Significant Less Than No Significant Unless Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a ❑ ❑ ❑ substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the ❑ ❑ ❑ county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a ❑ ❑ ❑ change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous ❑ ❑ ❑ intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation ❑ ❑ ❑ (e.g., bus turnouts, bicycle racks)? Setting The City's General Plan Circulation Element was developed to address the impacts of the land uses proposed in the Land Use Element. It establishes a system of arterial, collector and local roadways which are designed to carry the anticipated build out traffic generated throughout the City, as well as in the region. Housing projects in the future are expected to occur throughout the City, and will integrate into the existing roadway system. Discussion of Impacts a)-g) No Impact. The adoption of the Housing Element will have no impact on traffic. The Housing Element does not change any of the General Plan land use designations, and therefore will not affect the volume or location of trips which are projected to occur in the City in the future. As required by CEQA, the City will undertake environmental review of individual projects as they are brought forward for consideration, and evaluate each project's impacts on traffic at that time. City of Palm Springs Housing Element Update December 2009 Initial Study/Negatiye Declaration 26 INITIAL STUDY/NEGATIVE DECLARATION XVI. UTILITIES AND SERVICE SYSTEMS Potentially Potentially Significant Less Than No Significant Unless Significant Impact Impact Mitigation Impact Would the project: Incorporated a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control ❑ ❑ ❑ Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction ❑ ❑ ❑ of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of ❑ ❑ ❑ existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements ❑ ❑ Cl and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to ❑ ❑ ❑ serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid ❑ ❑ ❑ waste disposal needs? g) Comply with federal, state, and local statutes ❑ ❑ ❑ and regulations related to solid waste? Setting The City owns a wastewater treatment plant (WWTP) located at 4375 Mesquite Way. The plant has a capacity of approximately 10.9 mgd and demands typically range from 7 to 8 mgd. Water service is provided by the Desert Water Agency (DWA). DWA obtains most of its water supply from groundwater. The City is located within two subbasins of the Coachella Valley Ground Water Basin: The Mission Creek subbasin; and the Garnet Hill and Palm Springs subareas of the Whitewater Subbasin. Solid waste service is provided by Palm Springs Disposal Service. Solid waste generated in the City is sent to the Edom Hill transfer station, located in the City of Cathedral City. Permitted throughput of the facility is 2,600 tons per day. Solid waste from the transfer station is disposed of City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 27 INITIAL STUDY/NEGATIVE DECLARATION at one of three landfills: Lambs Canyon (remaining capacity 25,967,000 cubic yards); Badlands Landfill (remaining capacity 15,036,809 cubic yards); or El Sobrante Landfill (remaining capacity 184,930,000 cubic yards) (City of Palm Springs, 2005). Drainage from the surrounding mountains drains to the Valley floor and is directed by sheet flow, channels, and other improvements including levees, reinforced concrete pipe and drainage channels to the Palm Canyon Wash and the Whitewater River. Discussion of Impacts a)-g) No Impact. The adoption of the Housing Element will have no impact on utilities or service systems. Future housing projects will be required to implement sanitary sewer, domestic water and drainage plans which meet the City's standards. All projects will also be required to provide solid waste collection and recycling. As required by CEQA, the City will undertake environmental review of individual projects as they are brought forward for consideration, and evaluate each project's impacts on utilities and service systems at that time. City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 28 INITIAL STUDY/NEGATIVE DECLARATION XVII. MANDATORY FINDINGS OF SIGNIFICANCE NOTE: If there are significant environmental impacts which cannot be mitigated and no feasible project alternatives are available, then complete the mandatory findings of significance and attach to this initial study as an appendix. This is the first step for starting the environmental impact report (EIR) process. Potentially Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigation Does the project: Incorporated a) Have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a El El ❑ plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when ❑ ❑ ❑ viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Have environmental effects which will cause substantial adverse effects on human beings, ❑ ❑ ❑ either directly or indirectly? a) No Impact. The adoption of the Housing Element update will have no impact on either biological or cultural resources. The Housing Element is a policy document which directs future development in the City. Projects proposed in the future to implement the Element's goals, policies and programs will be reviewed and mitigated as necessary. b) No Impact. The adoption of the Housing Element update will have no cumulative impacts. The Element update does not propose any changes in the land use designations, or the land use assigned to any property in the City. The build out of the City will occur as planned in the General Plan Land Use Element, and as analyzed in the General Plan EIR. c) No Impact. The adoption of the Housing update will have no environmental effect on human beings. As required by CEQA, the City will undertake environmental review of individual projects as they are brought forward for consideration, and evaluate each project's impacts on people at that time. City of Palm Springs Housing Element Update December 2009 Initial Study/Negative Declaration 29 r Stendell, Ryan From: David Snow [DSnow@rwglaw.com] Sent: Saturday, November 29, 2008 7:32 AM To: Aylaian, Lauri Cc: Gonzales, Jessica; Moore, Janet; Stendell, Ryan; Diana H. Varat Subject: RE: Attorney Client- Confidential - University Park HDO Attachments: Draft High Density Overlay Ordinance.DOC Lauri, Attached is latest version of the HDO. We may want .to more clearly articulate how we envision this as a program that will be in addition to standard state-mandated density bonus, but can discuss whether to put that in the codified section of any future ordinance, or as recitals. Specifically density bonus law acknowledges that densities higher than required under density bonus can be granted, and the HDO is in effect an option to do this. Hope you all have a nice Thanksgiving weekend! Regards, Dave -----Original Message----- From: laylaian@ci.palm-desert.ca.us [mailto:laylaian@ci.palm-desert.ca.us] Sent: Tuesday, November 25, 2008 10:20 AM To: David Snow Cc: jgonzales@ci.palm-desert.ca.us; jmoore@ci.palm-desert.ca.us; rstendell@ci.palm- desert.ca.us; ncriste@Terranovaplanning.com Subject: RE: Attorney Client - Confidential - University Park HDO David, In light of your earlier e-mail regarding the defensibility of the ordinance, I agree that it's appropriate to hold off on making the criteria any more specific until we've discussed this with the Council members. Lauri A. -----Original Message----- From: David Snow [mailto:DSnow@rwglaw.com] Sent: Monday, November 24, 2008 11:15 PM To: Aylaian, Lauri Subject: RE: Attorney Client - Confidential - University Park HDO Lauri, The revisions you suggested have been made to the draft ordinance, but for the issue of the tax credit criteria for transit amenities. I can incorporate the details that Jessica sent earlier, but this seems to be a departure from the more general approach taken in the ordinance to date. --- t f Thanks, Dave -----Original Message----- From: laylaian@ci.palm-desert.ca.us [mailto:laylaian@ci.palm-desert.ca.us] Sent: Monday, November 24, 2008 7:36 AM To: jmoore@ci.palm-desert.ca.us Cc: rstendell@ci.palm-desert.ca.us; David Snow; jgonzales@ci.palm-desert.ca.us; ncriste@Terranovaplanning.com Subject: FW: Attorney Client - Confidential - University Park HDO Janet, Can you provide the tax credit financing points allocation scheme for proximity to transit for David? I'll forward the draft ordinance when I receive it so that we can discuss whether we're ready to share it with Jim and Cindy. Thanks, Lauri A. -----Original Message----- From: David Snow [mailto:DSnow@rwglaw.com] Sent: Monday, November 24, 2008 7:21 AM To: Aylaian, Lauri Cc: Diana H. Varat; William L. Strausz; Stendell, Ryan Subject: RE: Attorney Client - Confidential - University Park HOD Lauri and Ryan, First, the revisions look fine. With respect to the note regarding proximity to transit being correlated with distance for tax credits, can you provide additional details about that program and what the distances are? Second, as you requested, I have again looked at the defensibility of the ordinance, and believe a court should uphold the proposed ordinance against any facial challenges based on vagueness. Courts have upheld other regulations that are based on very general standards, and the fact that there are a number of specific criteria to be considered should be a helpful factor in any challenge of this ordinance. However, if over time there is a pattern of decision making that suggests that only the lowest level of density can be approved, a future applicant may be able to craft an as applied challenge. Although we believe the ordinance would be defensible in a facial challenge, we also see benefits from including a "sliding scale" for some or all of the criteria because this could assist in showing how the ordinance will enable the City to achieve its RHNA allocation, or at least a greater percentage of the RHNA allocation. Attached is the updated spreadsheet, which previously included 103 units in Planning Area I on the Affordable Unit Summary and P.R. 25 Affordable 2 i Summary pages. Removing those 103 units, which were not included in the overall summary because they either exist or are under construction. If you think these should be accounted for, we could add them to each of the sheets, with an appropriate notation. Finally, I am contemplating the issue we discussed previously about relationship to the Density Bonus Ordinance, which I understand the City will be adopting in the relatively near future, and will want to try and offset any claims that one could claim density bonus in addition to the HDO. The final draft ordinance will be sent separately later today, and I will leave in the note about the tax credits for the time being. Thanks, Dave -----Original Message----- From: laylaian@ci.palm-desert.ca.us [mailto:laylaian@ci.palm-desert.ca.us] Sent: Friday, November 14, 2008 4:31 PM To: David Snow Cc: Diana H. Varat; William L. Strausz; rstendell@ci.palm-desert.ca.us Subject: FW: Attorney Client - Confidential - University Park HDO Dave, I've redlined a couple of minor changes and suggestions, based on input from staff and our housing element consultant. The bigger issue that we came back to is our ability to defend denial of projects based on the criteria in this ordinance. I know I asked you before, but I want to ask again if you're comfortable that the City would be able to defend its denial of a project based upon the development standards as they're now worded. Our housing element consultant, in particular, is concerned that we would be better served by putting in a sliding scale on most of the criteria, rather than saying that a project that exceeds a threshold "should be eligible for higher densities." This issue will undoubtedly be the subject of discussion with the Council subcommittee (Jim and Cindy) when we talk, and my guess is that they'll like your current language. Nonetheless, I want you to be very comfortable defending a project denial based upon the language of the HDO ordinance. Otherwise, we should tighten it up. I'm not sure what progress you made with the chart of housing numbers for the properties in the University Park HOD zone, but we'll need that before we discuss this with the subcommittee. Ryan Stendell is going to set up a meeting with the two Council members, the City Manager, me, and you (via telecom) in a week or so. I'd like to be able to get the draft ordinance and the housing numbers to the Council members several days before we meet so that they have a chance to digest the information. Please forward the housing numbers and revised ordinance when they're ready to look at. 3 Thanks, Lauri A. -----Original Message----- From: David Snow [mailto:DSnow@rwglaw.com] Sent: Tuesday, November 11, 2008 6:26 PM To: Aylaian, Lauri Cc: Diana H. Varat; William L. Strausz Subject: Attorney Client - Confidential - University Park HOD Lauri, Attached is a revised draft ordinance that incorporate the revisions we discussed last week. Please let us know if you have any further questions or comments. We have left the document entitled attorney client privileged for the time being. As we discussed, it sounds like the next steps include meeting with Councilmembers Finerty and Ferguson to discuss the draft ordinance to get their thoughts before presenting this to the full council. Also, I understand that the intent is to proceed with the housing element step first, and then take the High Density Overlay forward after working through HCD's review process, so that the HOD will become one of the first actions the City will consider to implement its new housing element. Finally, we will send the revised spreadsheet with the density analysis separately. Regards, Dave David Snow, AICP RichardslWatsonIGershon 355 S. Grand Avenue, 40th Floor Los Angeles, CA 90071-3101 t: 213.626.8484 f: 213.626.0078 dsnow@rwglaw.com NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. 4 Stendell, Ryan From: David Snow[DSnow@rwglaw.com] Sent: Monday, October 06, 2008 12:01 PM To: Aylaian, Lauri Cc: Stendell, Ryan; William L. Strausz Subject: RE: Housing Element Update Attachments: Palm Desert- University Park Housing Unit Spread Sheet.XLS Lauri, Yes, I have been looking over the information Ryan provided and am trying to boil this down into a spread sheet that I think will be helpful as we continue our discussions on how to craft the High Density Overlay ordinance. Attached is the spread sheet (in Excel)with a number or cells highlighted in yellow,which indicates information that I think will be helpful in getting to our bottom line number of housing units. After getting this baseline information, we can.run different density scenarios for the various properties and then set about crafting a set of criteria that would get us to the goal. Could someone in your Department provide the information for the spread sheet? [Note: The dwelling unit columns in the attached spread sheet will automatically calculate when the acreage of the various areas is entered.] I think it is important to also get a good understanding of where the entitled projects are in the development process, and have included columns the spreadsheet columns about the development status and expiration dates. In light of the present housing market, I wonder if any of these projects are on hold and if they might expire thus freeing up that '.entitled"property for potential future projects at different densities. To further assist in developing standards, the following information (and any related maps or exhibits you may have) also would be helpful: 1) Public Transit stops in the University Park Area, and identifications of which stops provided the highest level of service/ accessibility 2) Schools in the vicinity of the University Park Area 3) Parks in the vicinity of the University Park Area agree setting a time this week to discuss this effort would be helpful. I am available tomorrow morning, or in the afternoon between 1:30 and 2:30, Wednesday afternoon, and Thursday morning. So just let me know what works for you. Thanks, Dave David Snow, AICP Richards lW atson JGershon 355 S. Grand Avenue, 40th Floor Los Angeles, California 90071-3101 t: 213.626.8484 e: dsnowC r"Ogaw.com -----Original Message----- From: laylaian@ci.palm-desert.ca.us [mailto:laylaian@ci.palm-desert.ca.us] Sent: Friday, October 03, 2008 5:10 PM To: David Snow Cc: rstendell@ci.palm-desert.ca.us Subject: Housing Element Update i mEhTi-uGLwE__lo CITY OF PALM DESEF# L,- PASSED TO 2ND READING DEPARTMENT OF COMMUNITY DE * Continued the matter unt CITY COUNCIL STAFF REPORT after a Study Session on the matter can be conducted. REQUEST: Request for approval to authorize staff to submit the first draft of the General Plan 2008 Housing Element Update to the State Department of Housing and Community Development. SUBMITTED BY: Ryan Stendell, Senior Management Analyst Lauri Aylaian, Director of Community Development CASE NO: GPA 07-01 MEETING DATE / 't"O ' �d DATE: June 26, 2008 dcoNrrHUED To__t�' CONTENTS: Draft Element ❑ PASSED TO 2ND READING Plans & Exhibits I. RECOMMENDATION: By minute motion that the City Council authorize staff to submit the first draft of the General Plan 2008 Housing Element Update to the State Department of Housing and Community Development (HCD). m 11. EXECUTIVE SUMMARY: o: Approval of staff recommendation will authorize the submittal of the General P an o N 2008 Housing Element Update to HCD as required by State Law. = o � � o Ill. BACKGROUND: Previous Housing Element (1998-2006) ❑ The previous housing element was certified with the adoption of the General Plan Update of 2000, approved March of 2004. At that time the Regional Housing Needs Allocation (RHNA) for Palm Desert was 444 total units (215 market rate and 229 affordable units). SCAG uses several years of previous census data and transportation and growth patterns in determining a RHNA allocation. At the time of the previous allocation, the City was coming out of downturn in the economy and this resulted in a low RHNA allocation for Palm Desert. As a result of this computation method, the RHNA numbers for Palm Desert for 1998- 2006 were extremely low. QQ Cie, k MEETING DATE �"- * Continue the matter 90 days ,� Q (meeting of December 11, 2008). LJ CONTINUED TO ❑ PASSED TO 2ND READING Staff Report Housing Element Update June 26, 2008 Page 2 of 7 The City was successful in meeting its RHNA goals for this previous cycle, providing 77 very low income units, 67 low income units, and 85 moderate income units. In addition, during the 1998-2006 cycle the Agency maintained and operated over 1,000 affordable units within Palm Desert. New State Housing Element Requirements: Since the last update, State Law has changed and now is very detailed regarding the required content of Housing Elements. The City's Housing Element must include: 1. An analysis of the 1998-2006 Housing Element goals, policies and programs which demonstrates whether these were effective in facilitating the development of housing. 2. An analysis of the demographics of the community. 3. An inventory of the existing affordable housing units available in the City. 4. An analysis of the constraints to the development of affordable housing. 5. An inventory and parcel-specific listing of the vacant lands available in the City for affordable housing in the 2006-2014 planning period. 6. Revised goals, policies and programs that will facilitate the construction of the City's RHNA allocation. The site-specific land inventory (Item #5 above) is a new requirement which must clearly show that land which has utilities, services, and appropriate zoning in place is available to accommodate the housing for the very low, low and moderate income categories. Current Housing Element Cycle (2006-2014) Based on total acres of land in the north sphere (University Park Planning Area), staff had projected that the north area would provide between 4,000 and 5,000 new housing units based upon sizing and densities. This was reflected in the 2004 General Plan Land Use Map which showed between 4,147 and 7,753 total units within the north sphere. Residential growth has boomed over the past several years, leaving the census data that SCAG uses to calculate RHNA numbers very high. Staff expected a very high number for the current RHNA cycle, given the total number of units that were approved in the land use map of the General Plan. The current RHNA numbers released in November of 2007 (4,586 total units, including 2,711 affordable units) are actually lower than .the total number staff expected, although the affordable component was higher than anticipated. Challenges to the RHNA numbers were permitted only on a narrow ' Staff Report Housing Element Update June 26, 2008 Page 3 of 7 range of bases and during a proscribed period of time. Because the City did not meet the criteria for challenges, no protest was filed during the appeal period. IV. DISCUSSION: Analyzing Vacant Lands: Examination of the land inventory for the required RHNA numbers makes apparent that the most abundant vacant lands are in the north end of town. However, since the update of the General Plan Land Use Map, several of the parcels that had the medium to high density overlay were entitled at low densities, and very little affordable housing was achieved. Finding the land to accommodate the identified number of units for this RHNA cycle then becomes more challenging. Staff has prepared a map that shows how the RHNA numbers could be met with the vacant lands still available: Approved General Plan Land Use Map (larger version attached): The current version of the Land Use Map of the approved General Plan is shown below. The General Plan Land Use Map as approved in 2004 showed that between 3,392 and 5,993 units could be built in that area. With the addition of the General Plan amendment to include the Taylor Woodrow development, the amended Land Use Map calls for 4,147 to 7,753 total residential units to be built within the northern area of the City. ary amwo d TW IN Y wi••n urw.uw>er . uttvsF coots + kR�r } .. .... •.. r � Y 1 R4f,....�..-ram........ �..�• t Y 'Yf' _ \ F r Staff Report Housing Element Update June 26, 2008 Page 4 of 7 Land Use Map Showing Entitled Properties (larger version attached): Below is the 2004 General Plan map showing in black the projects that have been entitled since the General Plan was approved in 2004 ("Entitled Projects'). The bulk of these projects do not exceed 8-10 dwelling units per acre, and only 136 affordable units were produced within the medium to high density overlay. (Sareis Regis (64 units), Taylor Woodrow (21 units), and The Vineyards (51 units).) Entitled Projects_ _ 7 y unnr nu,mfo ` —.. .—I c/fro//ilm Denf I,ONFCOMf � .. � rIl' � 'i ROpGrllae OI-JO ® M To simply increase densities on the remaining unentitled parcels within the medium to high density overlay zones in order to meet RHNA numbers, densities of 25 to 30 units per acre would be required. Staff believes that such densities would adversely impact the character of the community. Land Use Map with staff recommended option to meet current State Law: The following map ('Revised Proposal') identifies sufficient land to meet the RHNA allocation, based on the remaining available land in the University Park Planning Area. Below is the Land Use Map that incorporates the results of the above two maps. Through discussions with developers, staff has f + Staff Report Housing Element Update June 26, 2008 Page 5 of 7 identified several parcels where the property owners would be willing to provide an affordable component, that are not currently allocated the medium to high density overlay. The owners of the parcel west of Monterey at the City border with Rancho Mirage have discussed several options of mixed use development, and have shown willingness to provide approximately 280 affordable units as a part of the master planned project. Staff has also looked to the parcels that the City or Redevelopment Agency control to identify possible sites for additional housing. Using portions of City/Agency owned lands, staff believes that an additional 720 units could be produced. With the addition of these units being proposed on lands not currently within the medium to high density overlay, the City can better disperse the housing throughout the northern area of the City. The densities resulting from allowing this proposed solution will allow a range from 13 to 16 dwelling units per acre for the identified parcels, which is more in keeping with the City's existing stock of housing. _ Revised Proposal _ ays[coos mJO/Fi/m Desrfl IMF �.....,.-. r �•1 •ow,fba 01.10 Goals, Policies, and Programs: The majority of the goals and policies found in the existing 2004 Housing Element will carry through to the new element. The most substantial proposed change is in the goal to purchase an additional 300 units throughout this planning period. Staff believes given the current level of M Staff Report Housing Element Update June 26, 2008 Page 6 of 7 acquisition, that this is a reasonable number and helps lighten the load of new units that need to be constructed. It will also help to distribute the units throughout the City geographically, since the existing units likely to be acquired are south of Fred Waring Drive. New units produced will likely be north of Frank Sinatra Drive. The draft element also addresses information that every City in California is facing with SB 2, which deals with homeless shelters. Programs 3.A — 3.0 address the concerns of homelessness and providing appropriate zoning for new shelters within the City and continuing to work with existing and planned regional shelters through CVAG's ongoing programs. Proposed language also reaffirms that citywide energy conservation and green building techniques are an important goal of the City. The Housing Element covers all housing that is constructed in the City. By reaffirming energy conservation and green building, staff will have a better tool to work with developers in achieving good design that is also sensitive to the environment. CONCLUSION: New State requirements for updating the City's Housing Element add a layer of complexity to an already complicated issue. The recommended draft of the 2008 City of Palm Desert Housing Element seeks to balance the newly assigned RHNA numbers against sound community development principles, while minimizing impact to previously developed or entitled properties. The Housing Element must demonstrate that it is possible for the required housing units be built. It is not required that the City actually build the units, but the City must demonstrate that the units can be reasonably built. The draft Housing Element Update grows out of the 2004 General Plan, and has been updated to reflect projects that have been entitled since the General Plan was adopted. It also disseminates affordable housing units throughout the City as much as is practicable without impacting areas of the City that are already developed. Through the review and comment phase HCD has the chance to determine whether or not the proposed Housing Element is in compliance with Housing Element laws. If HCD determines that the proposed Housing Element is not in compliance with State law, the City may "self-certify' its own Housing Element. If the Element is "self-certified," the City will be ineligible for State and Federal funds for any housing projects, and will not be able to take advantage of other programs that require a State certified Housing Element. Staff Report Housing Element Update June 26, 2008 Page 7 of 7 Submitt� Depaltm Head: 61 Ryan Stendell Lauri Aylaian Associat Planner Director, Community Development Appr al: w . omer Cro ACM, Dev ent Services Carlos Orteg City Manager CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: Authorize staff to submit the first draft of the General Plan 2008 Housing Element Update to the State of California Department of Housing and Community Development SUBMITTED BY: Ryan Stendell DATE: 8 May 2008 Recommendation: That the City Council authorize staff to submit the first draft of the General Plan 2008 Housing Element Update, as presented at a joint City Council / Planning Commission study session held 8 May 2008, to the State of California Department of Housing and Community Development (HCD). Executive Summary: Approval of the staff recommendation will begin the process for approving the 2008 Housing Element Update. Approval typically requires two or three rounds of submission to, and comments from, HCD prior to adoption by the City Council. The update is required to be adopted by 30 June 2008. Discussion: In November 2007, the City Council approved a professional services agreement with Terra Nova Planning & Research to update the Housing Element of the General Plan, as is required by State law. Over the last five months, staff and the consultant have worked to update the Housing Element to reflect achievements realized since the element was last updated in 2004, and to devise a strategic plan to meet the housing production requirements identified by the State through the Regional Housing Needs Allocation (RHNA) process. Public workshops have been held to gather input from both the community at large, and the professionals and service providers who work in the affordable housing arena. This community-wide collaborative effort has resulted in production of the first draft of the Housing Element Update, which will be presented to the Planning Commission and City Council in a study session at 3:00 PM on Thursday, 8 May 2008. Staff Report— Housing Element Update 8 May 2008 Page 2 of 2 Staff hereby requests authorization to submit the first draft of the Housing Element Update to HCD for their review, subject to any modifications that may be made as an outcome of the study session immediately prior to the City Council meeting. Final approval of the Update will require future City Council action. Submitted by: Department Head: Ryan Stendell Lauri Aylaian Associate Planner Director of Community Development Approval: Homer Croy ACM for Develoolent Services Carlos LOrt City Manage G:Tlanning\Ryan Stendell\Word Data\Housing Element 200ACity Council Staff Report-Draft Update.doc d ` r � L -A TERRA NOVA PLANNING & RESEARCH, INC May 5, 2008 Honorable Mayor, Members of the City Council and Planning Commission City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 RE: Housing Element Update Honorable Mayor, Members of the City Council and Planning Commission: The Housing Element is one of the required Elements in the General Plan, which reports on the City's existing housing inventory, and provides for the development of housing to meet the growth anticipated for the future. The Housing Element is the only Element of the General Plan that must be updated on a set schedule established by the California Department of Housing and Community Development (HCD). The Element must be updated to cover the planning period from 2006 to 2014. The Element must be submitted to HCD by June 30 of 2008. For every planning period, all'cities and counties are assigned a Regional Housing Need Allocation (RHNA), which represents the City's fair share of housing units to be built during that planning period. The goals, policies and programs of the Housing Element are developed to facilitate the construction of these units. The City's previous (1998-2006) RHNA, and its current (2006-2014) RHNA are depicted in Table 1, below. Table 1 RHNA Allocation Household Income 1998-2006 2006-2014 Very Low 77 1,105 Low 67 759 Moderate 85 847 Above Moderate 215 1,875 Total 444 4,586 As can be seen in the Table, the City's allocation has increased significantly in this planning period. This increase is reflective of the intense growth experienced in California in the period from 2000 through 2006. The Housing Element must demonstrate that it is possible for the units in the RHNA to be built. It is not required that the City build them. It must be demonstrated, however, that the units can 7,7,r_3 400 S. FARRELL DR., SUITE B-205 PALM SPRINGS, CA 92262 cost-effectively be built, which means that in the case of very low and low income housing units, subsidy will be required, whether from the City, or from a State or Federal funding source. Housing Element Requirements California law is very detailed regarding the required content of Housing Elements. The City's Housing Element must include: 1. An analysis of the 1998-2006 Housing Element goals, policies and programs which demonstrates whether these were effective in facilitating the development of housing. 2. An analysis of the demographics of the community. 3. An inventory of the existing affordable housing units available in the City. 4. An analysis of the constraints to the development of affordable housing. 5. An inventory and parcel-specific listing of the vacant lands available in the City for -affordable housing in the 2006-2014 planning period. 6. Revised goals, policies and programs that will facilitate the construction of the City's RHNA allocation. The site-specific land inventory (item#5 above), is a new requirement, which must clearly show that land which has utilities and services in place is available to accommodate the housing for the very low, low and moderate income categories. State "Certification" of the Element In addition to reviewing the Housing Element, State law requires that HCD determine whether the Element is in compliance with Housing Element law. This requires that the updated Element be submitted to HCD for review and comment. The City's 1998-2006 Element was determined compliant with State law, and was "certified" by HCD. If the State finds that the Element does not comply with State law, the City has the ability to make findings that the Element does comply, and "self-certify" its Housing Element. It is extremely important to note, however, that if the Element is "self-certified," the City becomes ineligible for State and Federal funds for any housing project. In addition, case law is extensive on the subject of State certified Housing Elements. If HCD finds our Housing Element to be in compliance, its adequacy is presumed in the courts, and the City is better protected against legal challenges, should they be brought by an advocacy organization, a developer, or other interested party. Upon review by the City Council and Planning Commission of the attached Goals, Policies and Programs, at this study session, the Element will be forwarded to HCD for their review. We believe that the Element contains all the legally required components, and that the State will "certify" the Housing Element. Study Session Agenda The presentation at the study session will expand on the information provided above, and will describe in detail an update to the Housing Element that complies with State requirements. The study session will conclude by answering any questions of the City Council and Planning Commission. Page 2 of 3 In preparation for the study session, staff respectfully requests that the City Council and Planning Commission review the attached Draft Goals, Policies and Programs to be able to recommend any amendments that may be desired prior to the submittal of the Element to HCD. Sincerely, 4 � Nicole Sauviat Criste Principal Page 3 of 3 r, L -A TERRA NOVA PLANNING & RESEARCH, INC May 5, 2008 Honorable Mayor, Members of the City Council and Planning Commission City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 RE: Housing Element Update Honorable Mayor, Members of the City Council and Planning Commission: The Housing Element is one of the required Elements in the General Plan, which reports on the City's existing housing inventory, and provides for the development of housing to meet the growth anticipated for the future. The Housing Element is the only Element of the General Plan that must be updated on a set schedule established by the California Department of Housing and Community Development (HCD). The Element must be updated to cover the planning period from 2006 to 2014. The Element must be submitted to HCD by June 30 of 2008. For every planning period, all cities and counties are assigned a Regional Housing Need Allocation (RHNA),which represents the City's fair share of housing units to be built during that planning period. The goals, policies and programs of the Housing Element are developed to facilitate the construction of these units. The City's previous (1998-2006) RHNA, and its current (2006-2014)RHNA are depicted in Table 1,below. Table 1 RHNA Allocation Household Income 1998-2006 2006-2014 Very Low 77 1,105 Low 67 759 Moderate 85 847 Above Moderate 215 1,875 Total 444 4 86 As can be seen in the Table, the City's allocation has increased significantly in this planning period. This increase is reflective of the intense growth experienced in California in the period from 2000 through 2006. The Housing Element must demonstrate that it is possible for the units in the RHNA to be built. It is not required that the City build them. It must be demonstrated, however, that the units can 400 S. FARRELL DR., SUITE B-205 PALM SPRINGS, CA 92262 cost-effectively be built, which means that in the case of very low and low income housing units, subsidy will be required, whether from the City, or from a State or Federal funding source. Housing Element Requirements California law is very detailed regarding the required content of Housing Elements. The City's Housing Element must include: 1. An analysis of the 1998-2006 Housing Element goals, policies and programs which demonstrates whether these were effective in facilitating the development of housing. 2. An analysis of the demographics of the community. 3. An inventory of the existing affordable housing units available in the City. 4. An analysis of the constraints to the development of affordable housing. 5. An inventory and parcel-specific listing of the vacant lands available in the City for -affordable housing in the 2006-2014 planning period. 6. Revised goals, policies and programs that will facilitate the construction of the City's RHNA allocation. The site-specific land inventory (item #5 above), is a new requirement, which must clearly show that land which has utilities and services in place is available to accommodate the housing for the very low, low and moderate income categories. State "Certification"of the Element In addition to reviewing the Housing Element, State law requires that HCD determine whether the Element is in compliance with Housing Element law. This requires that the updated Element be submitted to HCD for review and comment. The City's 1998-2006 Element was determined compliant with State law, and was "certified" by HCD. If the State finds that the Element does not comply with State law, the City has the ability to make findings that the Element does comply, and "self-certify" its Housing Element. It is extremely important to note, however, that if the Element is "self-certified," the City becomes ineligible for State and Federal funds for any housing project. In addition, case law is extensive on the subject of State certified Housing Elements. If HCD finds our Housing Element to be in compliance, its adequacy is presumed in the courts, and the City is better protected against legal challenges, should they be brought by an advocacy organization, a developer, or other interested party. Upon review by the City Council and Planning Commission of the attached Goals, Policies and Programs, at this study session, the Element will be forwarded to HCD for their review. We believe that the Element contains all the legally required components, and that the State will "certify" the Housing Element. Study Session Agenda The presentation at the study session will expand on the information provided above, and will describe in detail an update to the Housing Element that complies with State requirements. The study session will conclude by answering any questions of the City Council and Planning Commission. Page 2 of 3 I .� In preparation for the study session, staff respectfully requests that the City Council and Planning Commission review the attached Draft Goals, Policies and Programs to be able to recommend any amendments that may be desired prior to the submittal of the Element to HCD. Sincerely, 11."ro W ig CA- Nicole Sauviat Criste Principal Page 3 of 3 I � n DRAFT — Attorney-Client Privileged 6z [DRAj ORDINANCE NO. 1 AN ORDINANCE OF THE CITY OF PALM DESERT AMENDING TITLE 25 OF THE PALM DESERT MUNICIPAL CODE BY ADDING A NEW CHAPTER 25.53 RELATING TO THE UNIVERSITY PARK HIGH DENSITY OVERLAY ZONE THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS: Section 1. Title 25 ("Zoning") of the Palm Desert Municipal Code is amended by adding a new Chapter 25.53 to read as follows: Chapter 25.53 UNIVERSITY PARK HIGH DENSITY OVERLAY 25.53.010 PURPOSE The purpose of the University Park High Density Overlay Zone ("HDO") is to provide the opportunity for the development of higher density residential projects in portions of the University Park Area designated Medium Density Residential (R-M) in the General Plan, provided the standards set forth in this Chapter are met. Wherever the HDO has been applied to a property in the Planned Residential (P.R.-5) zone within the University Park Area, an applicant may request the application of HDO standards to the project or may propose development consistent with the standards of the base zone. Properties within the P.R.-5 zone qualify for densities of up to 5 units per gross acre, but can achieve greater densities through inclusion of affordable units. With the application of the HDO, densities could range from 10 to a maximum of 22 dwelling units per acre, based on factors set forth in this Chapter. 25.53.020 PRECISE PLAN FOR HIGHER DENSITIES Higher densities pursuant to the HDO may be requested by applying for approval of a Precise Plan pursuant to Municipal Code Chapter 25.73. In addition to meeting the criteria for the Precise Plan, the application must demonstrate compliance with the standards set forth in Section 25.53.030 and, as applicable, the standards for the P.R.-5 zone. The appropriate level of density between 10 and 22 dwelling units per acre will be determined in part based on the standards of Section 25.53.030. 25.53.030 DEVELOPMENT STANDARDS The development standards set forth herein are flexible in order to insure a balanced mix of residential densities in the University Park Area. The goal of these development standards is to improve pedestrian access to commercial services, public transit, schools, and parks, while also insuring a mix of densities and affordability levels in the University Park Area. Ordinance No. Page l P6402-0001\1091275v6.doc Revised 12/4/2008 e DRAFT—Attorney-Client Privileged A. Percentage of Units Available for Homeownership. In determining the appropriate density for a project under the HDO, the City shall consider the percentage of units that will be available for occupant ownership. Projects that provide for ownership of more than 50 percent of the dwelling units shall generally be eligible for densities on the upper half of the density scale allowed under the HDO. Projects that provide for ownership of less than 50 percent of the dwelling units shall generally be eligible for densities on the lower half of the density scale allowed under the HDO. B. Proximity to Public Transportation. In determining the appropriate density for a project under the HDO, the City shall consider proximity to public transportation. Properties that are closer to major public transit corridors (primarily along Cook Street) should be eligible for higher densities under the HDO than projects located farther away from transit facilities. C. Proximity to Schools,Parks, and Commercial Services. In determining the appropriate density for a project under the HDO, the City shall consider proximity to schools, parks, and commercial services. Properties located closer to areas zoned for "Open Space — Parks," "Regional Commercial," "Community Commercial," and "Public Facility/University" should be eligible for higher densities under the HDO than projects located farther away from such properties. D. Percentage of Units Reserved as Affordable. If the developer seeks higher density pursuant to the HDO, the entirety of the project shall be made affordable to very low-, low-, or moderate-income residents, or any combination thereof. The developer shall agree to record any and all affordability restrictions against the property as deemed necessary by the City to ensure continued affordability. Affordability restrictions for ownership properties must remain in force for a minimum of 45 years. Affordability restrictions for rental properties must remain in elace for a minimum of 55 years. 'vO[ L: This provision raises it policy issue that will rcquirc huther d15CLIsslOu a ], xtion fi'on; the City. It I00°% affordability is required. this will alloy+ the City to ar(uc that '. -an provide '"Or its RI INA allocated housing, however, development under this rcquircme:tt i. )iohahk nct economical!v I,asible and calls into question the efficacy ofthe HDO. Ahcrnatck +itile lower affordability levels would increase the likelihood that project would be econonticalW, casible, the logvcr al'Ioldability requirement unccrntine any ar'umem that thcrc are sulticicr >nonunitics io devcaoni,icnt the housima called 1br by the Cites RHNA, E. Landscaped Open Space Integral to High Density Developments. Ordinance No. Page 2 P6402-0001\1091275v6.doe Revised 12/4/2008 N r DRAFT— Attorney-Client Privileged In determining the appropriate density for a project under the HDO, the City shall consider whether the property exceeds existing landscaping requirements. Properties that demonstrate the following should be eligible for higher densities under the HDO: 1) Water efficiency measures that exceed current Municipal Code requirements; 2) Dedication of areas to landscaped parkways, project perimeters, or both, in excess of current Municipal Code requirements; 3) Landscaping in internal areas of the project in excess of the minimum requirements of the Municipal Code; and 4) Inclusion of recreational spaces, such as private yards, public pocket parks, or other such amenities, in excess of the minimum requirements of the Municipal Code. F. Consistency with Community Design Element. Applications for approval of higher densities pursuant to the HDO shall demonstrate consistency with the Community Design Element of the General Plan. G. Potential Fiscal Impact of High-Density Development. Applications for approval of higher densities pursuant to the HDO shall be accompanied by a project pro forma, which shall include all costs of development, internal rates of return, and anticipated sales or rent structures. H. Water Supply and Efficiency. In determining the appropriate density for a project under the HDO, the City shall consider the sufficiency of water supply for the proposed development. Projects that incorporate water conservation measures, including, but not limited to, "blended"water systems, on-site recycling, use of gray water for landscaping irrigation, and water efficient fixtures, should be eligible for higher densities under the HDO than projects with less water efficient features. I. Energy Efficiency. In determining the appropriate density for a project under the HDO, the City shall consider energy efficiency. Projects that incorporate energy efficiency measures exceeding the requirements in section 24.30 of this Municipal Code should be eligible for higher densities under the HDO than projects that incorporate less efficient features. All projects shall explore the use of alternative energy sources, including solar energy systems. Ordinance No. Page 3 P6402-0001\1091275v6.doc Revised 12/4/2008 N 5"FT — Attorney-Client Privileged J. Air Quality. Projects seeking higher density pursuant to the HDO shall utilize, to the extent feasible, low volatile organic chemical (VOC) adhesives, sealants, paints, coatings and carpet systems. Section 2. Application of the HDO to certain properties The HDO is hereby applied to the properties as shown on the attached Exhibit A, and as more specifically described in the attached Exhibit B, which exhibits are hereby incorporated by reference as if fully set forth herein, cxinibits and iegal descriptions is 11— Fe prepared before tnis ordinunce is fornia.iv introduced to the Council for !first readinz ever. (Mai level ofdetail would not be nulled for initial discussion ol'the draft ordinance Section 3. CEQA Discussion. Cutl,ii our oin c oas no: i)ec as cd w [111ir,2d 1env of ,he pnor General flan ; 1R. C LQA compliance might be sufilciently demonstrate, ough ari addendum to the 2003 General Plan EIR to explain why no supplemental HP because this is an action to im element a �oroLram included in the General Plan. Section 4. The City Clerk is directed to certify to the passage and adoption of this ordinance and to cause this ordinance to be posted or published as required by law. PASSED, APPROVED, AND ADOPTED this day of 2008. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Ordinance No. Page 4 P6402-0001\1091275v6.doe Revised 12/4/2008 s CITY Of PHIM DESERI 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346-o6n FAX: 760 340-0574 info@palm-deserr.org December 7, 2007 Terra Nova Planning and Research Inc. 400 South Farrell, Suite B-205 Palm Springs, California 92262 Dear Sir or Madam: Subject: Contract No. C27150 - Updating the Housing Element of the City's General Plan as Required by the State of Califomia At its regular meeting of November 8, 2007, the Palm Desert City Council, by Minute Motion, awarded the subject contract to Terra Nova Planning and Research Inc., Palm Springs, California, in the amount of$51,420 and authorized the Mayor to execute same. Enclosed is a fully executed Agreement for your records. If you have any questions or require any additional information, please do not hesitate to contact us. Sincerely, S� RACHELLE D. KLASSEN, CMC CITY CLERK RDK:rg Enclosure (as noted) cc: 'Ryan StendelL Associate Planner Finance Department a+ruycirtwu+.n.an.ra,nme+ucmnmcn iw e>�.e« nimoeumaiorua Contract No. C27150 AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this sth day of November , 200 7, ("Effective Date") by and between the CITY OF PALM DESERT ("City") andTerra Nova Planning & Resear�t alifornia Corporation ("Consultant") (sometimes referred to individually or collectively as "Party" or "Parties"). WITNESSETH WHEREAS, City desires to retain Consultant as an independent contractor to perform certain technical and professional consulting services in connection with the HOUSING ELEMENT UPDATE OF 2008 (GPA 07-01) project, subject to the terms and conditions specified below, in the documents attached and incorporated herein, and applicable federal, state and local law. NOW, THEREFORE, in consideration of performance by the Parties of the mutual promises, covenants, and conditions herein contained, the Parties hereto agree as follows: 1. Consultant's Services. 1.1 Nature of Services. Consultant shall provide professional and technical services on a non-exclusive basis, as more particularly described in Section 3, below, and in Exhibit A, Scope of Services. 1.2 Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its direct supervision, and all personnel engaged in the work shall be qualified, and shall be authorized or permitted under state and local law to perform such services. 1.3 Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. -- 1.4 Consultant Representative. For the purposes of this Agreement, the registered architect, engineer, or landscape architect who will serve as the Consultant Representative shall be TERRA NOVA PLANNING AND RESEARCH. INC. ("Consultant Representative"). 1.5 Time of Commencement. The execution of this Agreement by the Parties does not constitute an authorization to proceed. A separate written Notice to Proceed shall be issued by the City Representative, and Consultant shall not commence work until receipt of such written Notice(s) to Proceed, as further set forth in Sections 2 and 3, below. Professional Services Agreement-City-V.1 5: Contract No. C27150 1.6 Time of Performance/Time is of the Essence. Consultant shall commence the services contemplated under this Agreement immediately upon receipt of a written Notice to Proceed from the City, and shall prosecute to completion each task listed in Section 3 in a timely and diligent manner within 210 calendar days of receipt of a Notice to Proceed, or in accordance with the schedule appended to this agreement as Exhibit B. Services by City: 2.1 City Representative. For the purposes of this Agreement, the City Representative shall be RYAN STENDELL, ASSOCIATE PLANNER or such other person designated by the City's Executive Director ("City Representative"). 2.2 Provision of Data. All information, data, reports and records and maps as are existing and available from the City and necessary for the carryings out of the work outlined in Exhibit "A" hereof shall be furnished to Consultant without charge by City, and City shall cooperate in every way reasonable in the carrying out of the work without delay. 3. Consultant's Scope of Work. Upon delivery by City to Consultant of a written Notice to Proceed, Consultant shall immediately commence work pursuant to this Agreement. Consultant's scope of work shall consist of the services in Exhibit A appended to this Agreement. 3.1 Reportina & Record Keepino. To assist City in the performance of its planning, reporting, and financial administration obligations, Consultant shall, throughout the term of this Agreement, keep City reasonably informed of progress on work required under this Agreement, and of any problems or delays, anticipated or otherwise, associated with each aspect of the work. Consultant shall promptly respond to any request by City for information, progress reports, or documentation. Consultant shall maintain accurate records of all work performed for each Assignment under this Agreement, including but not limited to originals or copies, as applicable, of all deliverable documents described in Exhibit A. Upon the completion of work, and if requested by the City, Consultant shall deliver to City the originals of all renderings, models, or documentation produced, and may retain copies of such documentation, at -: Consultant's election. 3. 2 Compliance with Laws. Consultant shall at all times possess any and all licenses and permits necessary to provide the services herein, and shall comply with applicable federal, state and local laws, ordinances, codes and regulations in the performance of this Agreement, and with all applicable with any applicable City of Palm Desert policies and guidelines. 3.3 Confidentiality. Except as otherwise permitted or required by law, Consultant shall maintain as confidential and shall not disclose any and/or all information received in the course of performing pursuant to this Agreement. Consultant shall promptly inform the City in the event Consultant receives a subpoena or court order requiring disclosure of confidential information. 2 5: Contract No. C27150 4. Compensation. City shall pay Consultant for the Services provided under this Agreement on the following basis. 4.1 Not-to-Exceed Fee: City shall pay to Consultant a total amount not to exceed $ 45,520.00 for the basic services described in Exhibit A. Payment shall be made on a monthly basis, based upon the hourly rates defined in Exhibit C, multiplied by the number of hours worked by each classification of personnel assigned to the project during the previous calendar month. The not-to-exceed fee shall not be exceeded without written agreement between the parties. 5.2 Additional Services: Additional services beyond those described in Exhibit A shall be reimbursed on a time-spent basis at the hourly rates described in Exhibit C. City shall not be obligated to compensate Consultant for additional services performed without advance authorization from the City Representative. 5.3 Reimbursable Expenses: City shall pay to Consultant actual costs plus ten percent (10%), subject to the limitation given below, for expenses incurred on behalf of the project for long distance telephone calls, reproduction, express delivery and courier services, postage, out-of-town travel if pre-approved in writing by the City Representative, and other expenses directly attributable to the project and expressly approved by the City Representative. Reimbursable expenses, including Consultant's mark-up, shall not exceed 5,900 for this project. 5.4 Extraordinary Expenses/Costs. No claims for additional services, expenses or costs incurred by Consultant will be allowed unless such additional services, expenses or costs are authorized by City in writing prior to the performance or incurrence of such services, expenses or costs. Any additional services, expenses or costs authorized by City shall be compensated at rates mutually agreed upon by the Parties in writing. 6. Method of Payment. 6.1 Invoices. Consultant shall submit to City invoices each month for all services, if any, completed, and all expenses or costs incurred pursuant to this -- Agreement during the preceding month. The invoices shall describe the services rendered during the period and shall show the number of hours worked, the hourly rates charged, and any milestone achievements. Copies of receipts for expenses or costs shall be submitted with each invoice. City shall review such invoices and notify Consultant in writing within fifteen (15) calendar days of any disputed amounts. 6.2 Payment. City shall pay all undisputed portions of the invoice within thirty (30) calendar days after receipt of the invoice up to the maximum amounts set forth in Section 5. 6.3 Audit of Records. At any time during regular working hours, all records, invoices, time cards, cost control sheets and other records maintained by Consultant shall be available for review and audit by the City. it 3 Contract No. C27150 7. Ownership of Work Product. 7.1 Property of Citv. All documents including but not limited to plans, bids, proposals, correspondence, permits, certificates, contracts, change orders, invoices, receipts, reports, analyses or other written material developed or obtained by Consultant in the performance of this Agreement, including any and all intellectual property rights arising therefrom ('Work Product'), shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Promptly upon the completion of each Assignment, or at any other time upon reasonable notice to Consultant by City, Consultant shall deliver all Work Product to City. 8. Conflict of Interest/Prohibited Conduct and Interests 8.1 Conflict of Interest. Consultant and its officers, employees, associates and sub consultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this Agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant shall retain the right to perform similar services for other clients, but Consultant and its officers, employees, associates and sub consultants shall not, without the prior written approval of the City Manager, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or sub consultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. 8.2 No Solicitation. Consultant, on behalf of itself and its officers, employees, agents and representatives, warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to terminate this Agreement without notice or liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, - gift or contingent fee. 8.3 No Financial Interest - City. No officer, member or employee of City during his or her tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The Parties hereto covenant and agree that to their knowledge no member of the City Council, or officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this Agreement, or the subject matter thereof, nor any business or financial relationship with Consultant, and that if any such interest comes to the knowledge of either Party at any time a full and complete disclosure of all such information will be made in writing to the other Parry or Parties, even if such interest would not be considered a conflict of interest under applicable laws. 4 Contract No. C27150 8.4 No Financial Interest — Consultant. Consultant hereby covenants, on behalf of itself, and its officers, employees, agents and representatives, that at the time of executing this Agreement it has no interest, and that it shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by Consultant. At no time during the term of this Agreement, and for one (1) year thereafter, shall Consultant or anyone acting on Consultant's behalf, accept anything of value from any contractor or subcontractor performing services in connection with the HIP. 9. Indemnification. Consultant shall indemnify, protect, defend and hold harmless the Agency and the City of Palm Desert, their officials, employees, agents and representatives from and against any and all losses, liabilities, damages, costs, and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of the Consultant, its officers, agents, employees or subConsultants (or any entity or individual that the Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. 10. Insurance. Consultant will maintain insurance in conformance with the requirements set forth below. If Consultant's existing coverage does not meet the requirements set forth here, it will be amended to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. 10.1 Workers' compensation and emolover's liability. Consultant shall provide Workers Compensation and Employer's Liability Insurance on an approved policy form providing benefits as required by law with employer's liability limits no less that $1,000,000 per accident or disease. 10.2 Professional Liability or Errors and Omissions. Professional Liability or Errors and Omissions insurance as appropriate shall be written on a policy form _ coverage specifically designed to protect against acts, errors or omissions of the Consultant and "Covered Professional Services as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must contain a provision establishing the insurer's duty to defend. The policy retroactive date must be on or before the effective date of this agreement. 10.3 Automobile liability. Consultant shall provide auto liability coverage with a limit of no less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy. 5 Contract No. C27150 10.4 Waiver. If the Consultant does not carry Worker's compensation coverage, or if the Consultant will not operate any vehicles at any time within the scope of the services in the agreement, provisions for these coverages may be waived upon review and approval of the City's Risk Manager. 11. Status as Independent Contractor. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its officials, employees or agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. 12. Non-Assignability; Subcontracting. Consultant shall not assign or subcontract all or any portion of this Agreement without the City's prior, written consent. Any attempted or purported assignment or sub-contracting by Consultant shall be null, void and of no effect. 13. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental disability, medical condition, or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental disability, medical condition, or sexual orientation. This clause shall be included in any contract prepared or approved by Consultant in connection with performance of its services under this Agreement. 14. Cooperation. In the event any claim or action is brought against Redevelopment Agency or City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation, which Agency or City might require. 15. Termination. The right is reserved by the City to terminate the Agreement at any time upon seven (7) days written notice, in the event the project is to be abandoned or indefinitely postponed, or in the event the Consultant's services, in the sole judgment of City, are unsatisfactory or because of the Consultant's failure to prosecute the work with diligence or within the time limits specified or because of his disability or death. In any such case, the Consultant shall be paid the reasonable value of the services rendered, based upon Consultant's standard hourly rates, up to the time of the termination. The Consultant shall keep adequate records to substantiate costs and provide copies of original time-cards in the event of termination or suspension. 16. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be given by first class U.S. mail or by personal service. Notices shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Consultant's and City's regular business hours or by facsimile before or during Consultant's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth 6 Contract No. C27150 in the Agreement, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this section. All notices shall be delivered to the Parties at the following addresses: City: Carlos L. Ortega, City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: (760) 346-0611 Fax: (760) 341-6372 With a copy to: Ryan Stendell, Associate Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: (760) 346-0611 Fax: (760) 341-6372 Consultant: Terra Nova Planning and Research, Inc. 400 South Farrell, Suite B-205 Palm Springs, CA 92262 Tel: (760) 320-9040 Fax: (760) 322-2760 7 l Contract No. C27150 17. Non-Waiver of Terms, Rights and Remedies. Waiver by either Party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall _ the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 18. Attorney's Fees. In the event that either Party to this Agreement shall commence any legal action or proceeding for damages for breach, or to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and experts' costs. 19. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. 20. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. No promise or representation, whether oral or written, express or implied, that is not set forth herein, shall be binding or have any force or effect. This Agreement may not be amended, nor any provision waived, except in a writing signed by the Parties which expressly refers to this Agreement. 21. Partial Invalidity. In case any provision of this Agreement should be deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions shall not be affected or impaired thereby. 22. Successors. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties to this Agreement. 23. Waivers. No waiver of any breach or default of any term or provision of this Agreement shall be deemed a waiver of any other term or provision of this Agreement, and no waiver shall be valid unless in writing and executed by the waiving party. 8 Contract No. C27150 24. Construction. Section headings in this Agreement are solely for the convenience of the parties and are not a part of and shall not be used to interpret this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all references to Sections ace to this Agreement. All exhibits to this Agreement are hereby incorporated by reference. IN WITNESS WHEREOF, said parties have executed this Agreement effective as of the Effective Date above. CONSU ANT-7-01m/70vcPlann-4!!(' By: Its: CO SULTANT By: Its: CITY OF PALM DESERT Km4 �I d S. Kelly, Mayor ATTEST: Ra hel a D. Klassen, City Clerk APPROVED AS TO FORM D v Erw City Attorney a e ty y 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California p ss. County of `�\t✓Qr"SI�-� {��,/f � On �N��V—.�IL �00� before me, I� f ✓ t �t ( Icnr ��O��C Dale �`` end Tele of Officer(e.g.,`Ja a Doe,Notary Public personally appeared Namels)of Signer(s) ❑ personally known to me roved to me on the basis of satis actory evidence to be the person(e)-whose name(&&are-subscribed M. 175 t the within instrument and acknowled a to me that N CoMM.# 1757727 h executed the sam I /heritheir NOTARY PUBLIC-CALIFORNIA RIYFASIIM Couxrr uthorized capacity(ies),-and that y i ark+aei+: MY Comm,Exp.Am.16,2011 signatur13(sj o the instrument the person s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN S m and oi c' I seal. Place Notary Seal Above Signature of Notary Public , OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of AttachedADocument Title or Type of Document: je, -`{��rvl�a�" C 27/5 0 Document Date: INt7V I I Number of Pages: ` JI 4 I Signer(s) Other Than Named Above �v'R I 1 S k- �l I V M C,In✓' �R 4 c-I ej IL U Capacity(ies) Clairri f Sign��er(sst� Signer's Name�h nA>- Signer's Name: ❑ Individual ❑ Individual �glporate Officer—Title(s): c�Stdtl u� ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here- ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: S_ igner Is Re r senting: Signer Is Representing: .o 4-7 H I LJx 0 2004 National Notary Association•92150 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.6907 Reorder:Call Toll-Free 1�800-876-6827 Contract No. C27150 EXHIBIT A SCOPE OF PRFESSIONAL SERVICES SCOPE OF SERVICES Consultant shall provide the following services under the terms of the Agreement: 1. Establish regular meeting schedule for City staff/Terra Nova team meetings, status meetings and public workshops. 2. With City staff assistance, develop a stakeholder's list of agencies, persons and organizations with an interest in affordable housing issues. Develop materials publicizing two public workshops for purposes of gathering data and input on the amendment of the Element, and community wishes for policy direction. These may be organized as free-standing workshops, or Housing Subcommittee meetings, depending on the City's preference. 3. Contact rental and sales agencies, develop data base of rental rates for apartments, and sales prices for homes and mobile homes within the City. Gather third parry data on housing prices and sales rates, including sources such as the Inland Empire Quarterly Economic Report, County and state data, and other sources. Incorporate findings in discussion of market housing in the Element text. 4. The data available in the existing element regarding the condition of housing stock will be supplemented with Code Enforcement data, Building Permit information and Redevelopment Agency records to result in a current survey of the condition of the housing stock. No independent City-wide site surveying is expected to be generated. 5. Progress made toward meeting the goals and policies of the existing element will be quantified, and provided in a "review and revise section" at the beginning of the Element. Potential preservation methods available to insure the long term viability of at-risk units will be presented. 6. Governmental and environmental constraints will be updated, using data collected from City departments. This will include fee schedule analysis, including engineering, _- planning and building permit fee analysis. Any development impact fees imposed by the City will also be incorporated into the analysis. 7. Develop cost of construction data to support analysis of the cost of housing construction in the City. This analysis will be included in the constraints analysis of the Element. 8. Review rehabilitation programs to ensure that they meet State standards, and incorporate same into draft document. Update regional, state and federal programs available to encourage affordable housing construction. 10 Contract No. C27150 9. Incorporate land use designation and acreage from General Plan Land Use Map, with amendments generated through review of approved and constructed projects since adoption of the General Plan. The analysis will lead to a section which identifies adequate available lands to meet the RHNA allocation. Working with City staff, identify specific parcels available for affordable housing projects, and determine whether their zoning is appropriate for the use. 10. Incorporate Southern California Association of Governments RHNA allocation for the City into Element text, and modify needs analysis for future housing based on the allocation. Coordinate RHNA allocation with City and establish strategies to help achieve allocation goals. it. Update goals, policies and programs to reflect current needs and address RHNA allocation. Recommend new programs as needed to incorporate new conditions raised by needs assessment. 12. Prepare screencheck draft Element for staff review and approval. Goals, policies and programs will be updated to reflect current direction in the City, updated statistical data and public input at the workshops. Amend draft Housing Element as required, and submit to HCD for review. 13. Conduct third community workshop, presenting the draft Element to the community, and reviewing the highlights of the policy direction with the public. This may be held as a joint Planning Commission/City Council meeting, in order to familiarize these two bodies in the document and its process. 14. Track HCD review process, and facilitate provision of any additional information or explanation of methodology, as required. The goal is to receive conditional approval of the Element by HCD prior to its submittal to the Planning Commission and City Council for their actions. 15. Make changes required by HCD, after review and approval by City staff. We would assume two revisions to accommodate HCD comments. 16. Prepare CEQA Initial Study Checklist (IS), Negative Declaration and public notice documentation. Provide to City for posting and advertising in Desert Sun. Coordinate with City planning staff to ensure consistency and conformance with City Rules to Implement CEQA. 17. Prepare, in cooperation with City staff, Planning Commission and City Council staff reports, in a format acceptable to the City. Working with City staff, make presentation and answer questions at one Planning Commission and one City Council hearing. Prepare any amendments made by City Council action, and submit to HCD for certification. 11 Contract No. C27150 EXHIBIT B SCHEDULE NOTICE TO PROCEED DAY 0 NOVEMBER 15, 2007 PRELIMINARY DATA/ KICKOFF MEETING 5 DAYS FROM NTP PUBLIC OUTREACH MEETING 30 DAYS FROM NTP DRAFT ELEMENT FOR STAFF REVIEW 120 DAYS FROM NTP FINAL PUBLIC OUTREACH MEETING 130 DAYS FROM NTP SUBMIT ELEMENT TO HCD MARCH 31, 2008 RESPOND TO HCD COMMENTS 90 DAYS FROM HCD SUBMITTAL RESPOND TO HCD COMMENTS 90 DAYS FROM HCD RE- SUBMITTAL PLANNING COMMISSION /CITY COUNCIL 45 DAYS FROM 2 REVISION HEARINGS FROM HCD SUBMIT FINAL DOCUMENT TO HCD FOR BY JUNE 30, 2008 (OR LATER CERTIFICATION DEPENDING ON HCD REVIEW PROCESS) 12 Contract No. C27150 EXHIBIT C City of Palm Desert Housing Element Update Project Budget Terra Nova Staff Time Amount Client Staff Meetings (24 hrs @ $155/Hr.) $ 3,720.00 (24 hrs @ $110/1-1r.) $2,640.00 Preparation for and Attendance at Three Public Workshops (14hrs @ $155/Hr.) $2,170.00 (22 hrs @ $110/1-1r.) $ 2,420.00 Research and Documentation, Statistical and Market Housing Analysis (42 hrs @ $155/1-ir.) $6,510.00 (72 hrs @ $110/Hr.) $ 7,920.00 Housing Element Drafting (24 hrs @ $155/1-1r.) $ 3,720.00 (56 hrs @ $110/11r.) $ 6,160.00 CEQA Initial Study, Neg. Dec., public notices, etc. (8 hrs @ $155/Hr.) $ 1,240.00 (20 hrs @ $110/Hr.) $2,200.00 HCD Submittal and Changes/Additions (28 hrs @ $155/1-ir.) $4,340.00 Staff Reports, Presentations, etc. for PC &CC (10 hrs @ $155/Hr.) $ 1,550.00 Public Hearings(1 PC & 1 CC) (6 hrs @ $155./Hr.) $ 930.00 Subtotal: $45,520.00 Reimbursables: Administrative Assistance(60 hrs. @ $40./Hr.) $2,400.00 t Miscellaneous Printing $ 500.00 t Misc. Office: Postage, telephone, FAX, photocopies, etc. $ 1,000.00 Printing of Draft and Final Housing Element $ 2,000.00 Subtotal: $ 5,900.00 Total Project Budget: $51,420.00 1. Will be billed at cost.This budget figure is an estimate only. 2. 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Introduction SB 375,by Senator Darrell Steinberg, builds on the existing regional transportation planning process (which is overseen by local elected officials with land use responsibilities) to connect the reduction of greenhouse gas (GhG) emissions from cars and light trucks to land use and transportation policy. In 2006, the Legislature passed AB 32—The Global Warming Solutions Act of 2006,—which requires the State of California to reduce GhG emissions to 1990 levels no later than 2020. According to the California Air Resources Board (CARB), in 1990 greenhouse gas emissions from automobiles and light trucks were 108 million metric tons,but by 2004 these emissions had increased to 135 million metric tons. SB 375 asserts that"Without improved land use and transportation policy, California will not be able to achieve the goals of AB 32."3 AB 32 set the stage for SB 375—or at least something like it. The issue was not"if'land use and transportation policy were going to be connected to reducing greenhouse gas emissions but"how" and"when" The issue was not"if' a governmental entity would regulate the car and light truck sector in order to reduce.greenhouse gas emissions—the CARB already has that authority under AB 32—but"how" and"when." 'Acknowledzemenr. The author acknowledges and is grateful for the very significant contributions of the League's special counsel, Betsy Strauss,in preparing this document Work in Proeress Disclaimer. This memorandum is a work in progress;it is not and should not be considered legal advice. It represents our best thinking to date on the scope and major implementation issues related to SB 375. As additional information becomes available,we will update this document. Readers who are aware of issues not addressed here,identify inadvertent errors,or want to make additional comments,should contact Bill Higgins at hieeinsbQcacities.ore or 916/658-8250) 3 See SB 375(2008), Section 1(c)[uncodified] Technical Overview of SB 375 (v. l.l) League of California Cities Page 2 Accordingly, SB 375 has three goals: (1)to use the regional transportation planning process to help achieve AB 32 goals; (2) to use CEQA streamlining as an incentive to encourage residential projects which help achieve AB 32 goals to reduce Greenhouse Gas emissions (GhGs); and (3) to coordinate the regional housing needs allocation process with the regional transportation planning process. To be sure, the League remains fundamentally concerned about the keeping the line as bright as possible between regional planning and local land use authority. In the end, however, SB 375 answers the questions "how'."' and "when?"by choosing regional agencies (controlled by cities and counties) rather than the CARB to lead the effort in this area; and by integrating RHNA with transportation planning to allow cities and counties to align existing mandatory housing element requirements with transportation funding. Those cities and counties that find the CEQA streamlining provisions attractive have the opportunity (but not the obligation) to align their planning decisions with the decisions of the region. I1. SB 375 in Context: AB 32, CARB, and Global Warming AB 32 granted CARB broad authority over an),"source" of GhG emissions.° The definition of"source" includes automobiles and light trucks,5 which account for more than 30 percent of the state's GhG emissions. AB 32 authorizes the CARB to require "participation"in CARB's program to reduce greenhouse gas emissions and to"monitor compliance" with the statewide greenhouse gas emissions limit.6 SB 375 represents a"program" for the automooile and light truck sector.? It provides a means for achieving the AB 32 goals for cars and light trucks. This is important to understanding why the agreement on SB 375 was reached: SB 375 provides more certainty for local governments and developers by framing how AB 32's reduction goal from transportation planning for cars and light trucks will be established. It should be noted,however, that SB 375 does not Prevent CARB from adopting additional regulations under its AB 32 authority. (However, given the degree of consensus that emerged on SB 375, such actions should be politically difficult for CARB at least for the foreseeable future). SB 375 requires the CARB to establish the GhG emission reduction targets for each region(as opposed to individual cities or households) and to review the region's Cal.Health&Safety Code§38560 s Cal.Health &Safety Code§ 38505(i) s Cal.Health &Safety Code§ 38562 and following Cal.Health &Safety Code§38562. a This is because the scope of authority granted to CARB to regulate any"source"of GHG emissions is very broad. Technical Overview of SB 375(v. 1.1) League of California Cities Page 3 determination that its plan achieves those targets. Each Metropolitan Planning Organization (MPO)must include a sustainable communities strategy(SCS) in the regional transportation plan that seeks to achieve targeted reductions in GhG emissions from cars and light trucks if there is a feasible way to do so. CARB establishes the targets for each region in accordance with the following: • CARB must take other factors into account before settine tarzet. Before setting a reduction target for the reduction of GhGs from cars and light trucks, CARB must first consider the likely reductions that will result from actions to improve the fuel efficiency of the statewide fleet and regulations relating the carbon content of fuels (low carbon fuels).9 • Targets are set regionally, not locally. SB 375 assures that the target to reduce GhGs from cars and light trucks will be regional. (CARE has received many comments and suggestions on its Scoping Plan that it should adopt targets and enforce requirement on an agency-by-agency basis). • Committee to advise CARE. A Regional Targets Advisory Committee, which includes representation from the League of California Cities, California State Association of Counties,metropolitan planning organizations, developers,planning organizations and other stakeholder groups, will advise the Board on how to set and enforce regional targets. • Exchanze of technical information. Before setting the targets for each region, CARE is required to exchange technical information with the MPO for that region and with the affected air district. The MPO may recommend a target for the region. The CARB's role in SB 375 is limited. Although the CARB retains its broad grant of authority to act independently under AB 32, SB 375 provides the framework for reducing greenhouse gas emissions in the car and light truck sector through the tie between land use and transportation planning. Moreover, SB 375 indirectly addresses another longstanding issue: single purpose state agencies. The League, among others,has argued that these agencies often fail to recognize other competing state goals enforced by a different state agency. SB 375 takes a first step to counter this problem by connecting the Regional Housing Needs Allocation (RHNA) to the transportation planning process. As a result, SB 375 will require CARB to look at how new climate regulations could affect state and regional transit and housing policies; likewise,Department of Housing and Community Development (HCD) will have to consider the effects of housing policy on state and regional efforts to address climate change. s Cal.Gov't Code§ 65080(b)(2)(A)(in). Citations to language in SB 375 is to the section of the code as it proposed to be amended based on the August 22 version of SB 375 that was approved by the Assembly and concurred with by the Senate. Technical Overview of SB 375 (v. 1.1) League of California Cities Page 4 M. Planning for Greenhouse Gas Emission Reduction within the RTP Regional transportation plans have long been a part of the transportation planning horizon in California. Federal law requires regional transportation plans (RTPs) to include a land use allocation and requires the metropolitan planning organizations that prepare RTPs to make a conformity finding that the Plan is consistent with the requirements of the federal Clean Air Act. Some regions have also engaged in a regional"blueprint"process to prepare the land use allocation. 1. The Sustainable Communities Strategy (SCS) SB 375 integrates AB 32's goal to reduce GhG emissions into transportation planning by requiring that a sustainable communities strategy (SCS)be added to the RTP. SB 375 recognizes that,because of the constraints of federal law and inadequate funding for infrastructure and public transit, an SCS may not be able to achieve the region's targets. If the metropolitan planning organization (MPO) determines that the SCS cannot achieve the targets, then the MPO must develop an Alternative Planning Strategy(APS) (see discussion below). The biggest single difference is that the SCS is part of the RTP and the APS is not. To fully understand what an SCS is—and is not—it's worth taking a step back and look at what is required in existing regional transportation plans. RTPs are regulated by a conglomeration of state and federal law. State law requires that an RTP include"clear, concise policy guidance to local and state officials"regarding transportation planning.t0 The federal law requires that RTPs, among other things, work toward achieving the goals of the Clean Air Act. One important component of the RTP for federal purposes is an estimate of a likely or realistic development pattern for the region over the next 20 to 30 years. This estimate informs the decision-making process for transportation funding. The forecasted growth pattern must be based upon"current planning assumptions" to assure that the air conformity provisions are meaningful. Put another way, if the growth pattern is not realistic, then the accompanying policies to achieve air quality conformity relating to air pollutants from traffic are not likely to work. If the federal government determines that the projected growth development pattern is not realistic, it can withhold federal transportation funding. Like the federal Clean Air Act, SB 375 requires the growth pattern in the SCS to be based upon the "most recent planning assumptions considering local general plans and other factors."t� It also requires that the SCS be consistent with the federal regulations that require a realistic growth development pattern. In addition, the SCS must consider or address several additional factors: 10 Cal. Gov't Code §65080(a). " Cal. Gov't Code§65080)b)(2)(B). Techniea!Overview of SB 375(v. 1.1) League of California Cities Page 5 • Consider the spheres of influence that have been adopted by the local agency formation commission (LOCO)." • Identify the general location of uses, residential densities, and building intensities within the region; • Identify areas sufficient to house all economic segments the population of the region over the long term planning horizon of the RTP; • Identify areas within the region sufficient to house an eight-year projection of the regional housing need for the region; • Identify a transportation network to service the transportation needs of the region; • Gather and consider the best practically available scientific information regarding resource areas and farmland in the region (note, there is no requirement to act on this information); • Set a forecasted development pattern for the region,which, when integrated with the transportation network and other transportation measures and policies, will reduce the GhG emissions from automobiles and light trucks to achieve, if there is a feasible way to do so, the GhG emission reduction targets approved by the state board: and • Quantify the reduction in GhG emissions projected to be achieved by the SCS and, if the SCS does not achieve the targeted reductions in greenhouse gas emissions, set forth the difference between the amount that the SCS would reduce GHG emissions and the target for the region.13 Of all these requirements, the one that has generated the most concern to date is the requirement that the RTP include a development pattern which, if implemented, would achieve the GHG emissions targets if there is a feasible way to do so. It is important to emphasize that this development pattern must comply with federal law,which requires that any pattern be based upon "current planning assumptions"that include the information in local general plans and sphere of influence boundaries. If a certain type of development pattern is unlikely to emerge from local decision-making, it will be difficult for the regional agency to say that it reflects current planning assumptions. In addition, the SCS will not directly affect local land use decisions. The SCS does not in any way supersede a local general plan, local specific plan, or local zoning. SB 375 does *Cal. Gov't Code§ 65080(b)(2)(F). *Cal. Gov't Code §65080(b)(2)(G). Technical Overview of SB 375(v. 1.1) League of California Cities Page 6 not require that a local general plan, local specific plan, or local zoning be consistent with the SCS.14 2. The Alternative Planning Strategy (APS) In the case where the SCS does not achieve the GhG emission reduction target, the MPO must develop an Alternative Planning Strategy (APS).15 The APS is a separate document from the RTP16 and therefore does not automatically affect the distribution of transportation funding. The APS must identify the principal impediments to achieving the targets within the SCS. The APS must also include a number of measures—such as alternative development patterns," infrastructure, or additional transportation measures or policies—that, taken together, would achieve the regional target. The APS must describe how the GHG emission reduction targets would be achieved and why the development pattern,measures, and policies in the APS are the most practicable choices for the achievement of the GHG targets. Like the SCS the APS does not directly affect or supersede local land use decisions; nor does it require that a local general plan, local specific plan, or local zoning be consistent with the APS.18 In addition, SB 375 provides that the APS does not constitute a land use plan, policy, or regulation and that the inconsistency of a project with an APS is not a consideration in determining whether a project may be deemed to have an environmental effect for purposes of the California Environmental Quality Act(CEQA). Some have asked about the purpose of the APS: Why should an MPO spend the time to develop an alternative planning strategy if there is no requirement to actually implement it? The answer is two-fold. First, a general consistency with a CARB approved plan— whether it's an SCS or APS—allows projects to qualify for the CEQA streamlining provisions in the bill (see Part IV,below). Second, it adds a new focus for the regional transportation planning and housing allocation: reductions in GhG emissions. 3. CARB's Role in the Approval of the SCS or APS CARB's role in reviewing the SCS or APS is very limited. It can only accept or reject the MPO's determination that the plan would, if implemented, achieve the regional GHG "The CEQA changes made by the bill require residential projects to be consistent with the SCS in order to take advantage of streamlined CEQA processing. "Cal. Gov't Code§ 65080(b)(2)(H). 6 Government Code 65080(b)(2)(H). The development pattern must still comply with the provisions of the SCS that require consistency with the RHNA distribution and other factors. "The CEQA changes made by the bill require residential projects to be consistent with the APS in order to take advantage of streamlined CEQA processing. Technical Overview of SB 375(v. 1.1) League of California Cities Page 7 emission reduction target established by CARB.19 CARB must complete its review within 60 days. It may not issue conditional approvals or otherwise interfere in any way with local decision-making. In addition, the process is designed so that there will be an extended exchange of information between the MPO and CARB about the technical methodology that the region intends to use to estimate the GHG emissions reduction. SB 375 encourages the MPO to work with CARB until it concludes that the technical methodology it intends to use operates accurately. CARB must respond to such consultations in a timely manner. This type of communication before the actual submission should reduce the chance that CARB will find a particular plan does not achieve the regional target. 4. Setting the Regional Target for GhG Emissions There are two questions relevant to setting the regional targets. The first is: How much of the overall AB 32-imposed reduction will be required from transportation planning for cars and light trucks statewide? This amount will be set by CARB in the AB 32 Scoping Plan, which assigns reduction targets for the 2020 goal on a sector-by-sector basis and lays the framework for achieving that goal. In the early draft of the Scoping Plan released in June 2008, CARB called for a reduction of 2 million metric tons of GhG statewide (out of a total of 169 million metric tons needed to achieve AB 32's 2020 target).20 This amounts to approximately 1.2 percent of the total reductions. This number is likely to go up in the final Scoping Plan, but should remain small in proportion to total amount of GhGs generated by cars and light trucks(at least for the 2020 target). Once the statewide target is set,the second question is: How will it be assigned to the individual regions? SB 375 requires CARB to set regional targets by September 30, 2010 (draft targets will be released to the regions by June 30).21 The target may be expressed in gross tons,tons per capita, tons per household, or in any other metric deemed appropriate by the state board. To assist in this process,the CARB's board appoints a Regional Targets Advisory Committee to recommend factors and methodologies to be used for setting these targets.22 The committee is made up of representatives from the League of California Cities, California State Association of Counties,MPOs, affected air districts,planners, homebuilders, affordable housing organizations, environmental justices organizations, and others. The committee will make its report to CARB by September 30, 2009. 19 See 65080(b)(2)(1)(ii). 20 See California Air Resources Board,Climate Change Draft Scoping Plan(June 2008 Discussion Draft), pages 1 1 and 33. 21 Cal.Gov't Code §65080(b)(2)(A). za Cal. Gov't Code§ 65080(b)(2)(A)(i) Technical Overview of SB 375(v. 1.1) League of California Cities Page 8 In addition,prior to setting the target for the region, CARB must exchange technical information with the MPO and affected air district. The MPO may also recommend its own target for the region. The MPO must hold at least one public workshop within the region after receipt of the report from the Advisory Committee. CARB shall release draft targets for each region no later than June 30, 2010. In setting these targets. CARB must first consider the GhG reductions that will be achieved from improved vehicles emission standards (overall fuel efficiency improvements), changes in fuel composition(such as low carbon fuels) and other measures that CA_'2B has adopted to reduce GhGs from other emissions sources.23 Once set, the targets must be updated every 8 years, which is consistent with the new RHNA planning cycle and two RTP planning cycles in non-attainment areas. The board can also, at its discretion,revise the targets every four years based on changes in fuel efficiency, use of low carbon fuels, or other factors that CARB can take into account in setting the target.24 Before revising or updating the regional targets, CARB must engage the primary stakeholders (Dept. of Transportations, MPOs, air districts, and local governments) in a consultative process. 5. What SB 375 means for transportation funding SB 375 requires the RTP to be internally consistent much like the internal consistency requirement of a city or county's general plan. This means that the"action element" and the "financial element" of the RTP must be consistent with the SCS, since the SCS is part of the RTP. (The"action element"and the"financial element" of the RTP, however, do not need to be consistent with the APS, since the APS is not part of the RTP.) This means that decisions about the allocation of transportation funds must be consistent with the SCS, its land use plan, and its transportation policies. The land use plan must be based upon the most recent planning assumptions. These are taken in part from local city and county general plans. As cities and counties use the CEQA streamlining in SB 375, their planning assumptions will align more closely with those in the SCS or APS, whichever CARB agrees would achieve the region's GhG target, if implemented.25 SB 375 makes explicit the authority that already exists in the law. MPOs already have authority to impose policies or condition transportation funding. The Metropolitan Transportation Commission, for example, does riot fund certain types of transit projects "' Cal.Gov't Code § 65080(b)(2)(A)(iii). "65080(b)(2)(A)(iv). 25 This is because the CEQA streamlining should act to ch[mgc some of the projects as they are proposed to be built by developers. Assuming that the CEQA streamlining is sufficient to motivate developers to propose projects that are consistent with the SCS or APS,this may impact the"current planning assumptions"for the region. Nothing requires local agencies to approve such proposals,but if local agencies indicate a willingness to support such proposals,the projected development pattern for the region will change accordingly. Technical Overviee,of SB 375(v. 1.1) League of California Cities Page 9 unless they serve areas that meet minimum density standards.26 Even without SB 375, MPOs were likely to take additional steps in the direction of adopting policies related to reducing GhG emissions within their RTPs planning because the California Transportation Commission recently amended its RTP Guidelines to require that MPOs consider GhG emissions as part of the RTP process. It is worth noting that the decision-makers on the regional MPOs are made up wholly of local elected officials. Accordingly, MPOs are not likely to support measures that limit the discretion of cities and counties,particularly in those MPOs where every city and county in the region has a seat on the MPO board. Only two regions, SCAG and MTC, do not fit that model. SB 375 provides an exception for the SCAG region that allows for sub-regional development of the SCS and APS,where local representation is more broadly reflected. 6. How are Local Officials and the Public involved in Developing the SCS/APS Once the region has its target, the question turns toward developing a regional plan to achieve GhG reductions. SB 375 requires the following public and local official participation processes before the plan can be adopted: • Local Elected Official Workshops. MPOs must conduct at least rwo informational meetings in each county within the region for local elected officials(members of the board of supervisors and city councils) on the SCS and APS. The MPO may conduct only one informational meeting if it is attended by representatives representing the county and a majority of the cities representing a majority of the population in the incorporated areas of that county. • General Public Participation. Each MPO must adopt a participation plan consistent with the requirements of the participation plan required by federal law that includes a broad range of stakeholder groups. These workshops must be sufficient to provide the public with a clear understanding of the issues and policy choices. At least one workshop shall be held in each county in the region. For counties with a population greater than 500,000, at least three workshops shall be held. Each workshop, to the extent practicable, shall include urban simulation computer modeling to create visual representations of the SCS and the alternative planning strategy. The MPO must also provide a process where members of the public can provide a single request to receive notices, information, and updates. • Circulation of Draft SCS/APS. A draft of the SCS and APS must be circulated at least 55 days before the adoption of the RTP. • Public Hearings. The MPO must hold at least three public hearings on the SCS and APS in multiple county regions, and two public hearings in single county regions. To the extent feasible, hearings should be in different parts of the region to maximize the opportunity for participation. 26 See MTC Policy 3434(v< w.mtc.ca.gov/plaiining/smart Growth/tod/TOD policy.pdf) Technical Overview ofSB 375(v. /.1) League of California Cities Page 10 7 Agencies and Regions Affected by SB 375 SB 375 applies to the 17 metropolitan planning organizations (MPOs) in the state. Together, these organizations cover 37 counties and represent almost 98 percent of the state's population. These include four multiple county MPOs, including the Association of Monterey Bay Area Governments (AMBAG - Monterey, San Benito, and Santa Cruz counties), Metropolitan Transportation Commission (MTC - Alameda, Contra Costa, Solano, Marin,Napa, Sonoma, San Francisco, San Mateo, an Santa Clara counties), Sacramento Area Council of Governments (SACOG—Sacramento, Yolo, El Dorado, Placer,Yuba, and Sutter counties) and the Southern California Association of Governments (SCAG— Los Angeles, Ventura, San Bernardino, Riverside, Imperial, and Orange counties). Affected single county MPOs include Butte, Fresno, Kern, Kings, Madera, San Diego, San Joaquin, San Luis Obispo, Santa Barbara, Shasta, Stanislaus, and Tulare counties. 8. Exempt transportation projects Transportation projects funded by the MPO must be consistent with the SCS except that projects programmed for funding on or before December 31, 2011 are not required to be consistent if(1) they are contained in the 2007 or 2009 Federal Statewide Transportation Improvement Program; and(2) they are funded pursuant to Section 8879.20 of the Government Code; or(3) were specifically listed in a ballot measure prior to December 31, 2008 approving a sales tax measure for transportation purposes. In addition, a transportation sales tax authority need not change funding allocations approved by the voters for categories of transportation projects in a sales tax measure adopted prior to December 31 2010. 10. Exceptions for the SCAG region SB 375 provides a special set of exceptions for the development of the SCS/APS within the region of the Southern California Association of Governments (SCAG)27. Here, a subregional council of governments and the county transportation commission may work together to propose a SCS or APS for the subregional area. Although SCAG may still address interregional issues in the SCS/APS, SCAG must include the subregional SCS or APS to the extent that it is consistent with the requirements of a regional transportation plan and federal law. SCAG is still responsible for creating an overall public participation plan, ensuring coordination, resolving conflicts and making sure that the plan complies with all applicable legal requirements. 27 Cal.Gov't Code§65080(b)(2)(C). Technical Overview ofSB 375(v. 1.1) League of California Cities Page I I 11. Special Provision for the Eight San Joaquin Valley MPOS In order to encourage regional cooperation among the 8 counties in the San Joaquin Valley, SB 375 specifically encourages two or more counties to work together to develop cooperative policies and develop a multiregional SCS or APS. 12. MPOs in Attainment Areas and RTPAs Not Within an MPO There are a few counties in the state that are actually in "attainment' for air quality purposes. Federal law requires that these regions update their RTPs at least every five years instead of every four years (the requirement for non-attainment MPOs). In addition, there are a number of other counties that are not included within an MPO at all. Given that SB 375 is based on a eight year cycle that includes one RHNA planning period and two RTP planning periods, the five year requirement would place attainment MPOs out of sync with the non-attainment MPOs. SB 375 solves this by allowing attainment MPOs, or a regional transportation planning agency (RTPA) not within an MPO, to opt into an 8 year planning cycle.Zs In other words,they may maintain their status quo with a five-year RHNA planning cycle that may or may not be aligned with their RTP planning cycle. Or they may opt into the 8- year cycle upon meeting the following conditions: • Opting to adopt a plan not less than every four years • This election must be made prior to June 1, 2009 or at least 54 months prior to the deadline for the adoption of housing elements for jurisdictions within the region (in order to afford HCD with sufficient time to develop and distribute an 8 year number). • Public hearing 13. RURAL SUSTAINABILITY MPO or county transportation agency must consider financial incentives for cities and counties that have resource areas or farmland. The idea is that to the extent that SB 375 drives more transportation investments to existing urban areas, some consideration should be given to rural areas that nevertheless help address the emissions targets by not building. An MPO or county transportation agency shall also consider financial assistance for counties to address countywide service responsibilities in counties that contribute towards the GhG emissions reductions targets by implementing policies for growth to occur within their cities. e Cal.Gov't Code§65080(b)(2)(L). I Technical Overview of SB 375(v. 1.1) League of California Cities Page 12 IV. NE-sOr CEQA EXEMPTIONS AND STREAMLINING The EIR prepared for a RTP will consider the impact of the Plan on global warming and the growth-inducing impacts of the Plan. SB 375's CEQA incentive eliminates the requirement to analyze the impacts of certain residential projects on global warming and the growth-inducing impacts of those projects when the projects achieve the goals of reducing greenhouse gas emissions by their proximity to transit or by their consistency with the SCS or APS. 1. Two Types of CEQA Streamlining SB 375 includes two types of CEQA streamlining. One is for residential projects that are consistent with the SCS (or APS) that CARB agrees is sufficient to achieve the GhG targets for the region if it was implemented.29 The other is for Transportation Priority Projects (which also must be consistent with the SCS/APS). Each of these is discussed in more detail below. 2. Projects consistent with the SCS/APS A residential or mixed-use project which is consistent with the general use designation, density, building intensity, and applicable policies specified for the project area in either a SCS/APS is not required to reference, describe,or discuss(1) growth-inducing impacts; or(2) project specific or cumulative impacts from cars and light-duty truck trips on global warming or the regional transportation network if the project incorporates the mitigation measures required by an applicable prior environmental document. In addition, an environmental impact report prepared for this type of project is not required to reference, describe, or discuss a reduced residential density alternative to address the effects of car and light-duty truck trips generated by the project. 3. Three Types of Streamlining for Transit Priority Projects SB 375 amends CEQA in three ways for"transit priority projects" (or TPPs). A TPP is a new type of project created by SB 375 that must:meet the three requirements: (1): contains at least 50%residential use; commercial use, if any, must have floor area ratio (FAR) of not less than 0.75; (2) have a minimum net density of 20 units per acre; and(3) be located within one-half mile of a major transit stop or high quality transit corridor included in a RTP.30 • Total CEQA fxernntion fora Sub-Set ofTPPs. A TPP is exempt from CEQA if it complies with a long list of criteria including;the following: — Not more than 8 acres and not more than 200 residential units as Cal.Gov't Code$65080(b)(2)(1) 30"Major transit stop"is defined at Section 21064.3 of Public Resources Code and in SB 375 in Section 21155(b). "High quality transit corridor is defined in SB 375 in Section 21155(b). I Technical Overview ofSB 375(v. 1.1) League of California Cities Page 13 — Can be served by existing utilities — Does not have a significant effect on historical resources — Buildings are 15%more energy efficient than required and buildings and landscaping is designed to achieve 25 percent less water usage — Provides EITHER a minimum of 5 acres per 1,000 residents of open space, OR 20 % housing for moderate income, or 10%housing for low income, or 5% housing for very low income(or in lieu fees sufficient to result in the development of an equivalent amount of units). 31 • TPP.- Sustainable Communities Environmental Assessment. A TPP that does not qualify for a complete exemption from CEQA may nevertheless qualify for a sustainable communities environmental assessment (SCEA) if the project incorporates all feasible mitigation measures, performance standards, or criteria from prior applicable environmental impact reports. A SCEA is similar to a negative declaration in that the lead agency must find that all potentially significant or significant effects of the project have been identified, analyzed and mitigated to a level of insignificance. There are four significant differences: — Cumulative effects of the project that have been addressed and mitigated in prior environmental impacts need not be treated as cumulatively considerable. — Growth-inducing impacts of the project are not required to be referenced, described or discussed. — Project specific or cumulative impacts from cars and light duty truck trips on global warming or the regional transportation network need not be referenced described or discussed. A SCEA is reviewed under the "substantial evidence" standard. The intent of the author was to eliminate the"fair argument"test as the standard of review for a sustainable communities environmental assessment. • Transit Prioritv Proiects— Trafc Miti¢ation Measures. SB 375 also authorizes the adoption of traffic mitigation measures that apply to transit priority projects. These measures may include requirements for the installation of traffic control improvements, street or road improvements, transit passes for future residents, or other measures that will avoid or mitigate the traffic impacts of transit priority projects. A TPP does not need to comply with any additional mitigation measures for the traffic impacts of that project on streets,highways, intersections, or mass transit if traffic mitigation measures have been adopted. " This is a partial listing of the criteria. Technical Overview of SB 375(v. 1.1) League of California Cities Page 14 V. Changes to the Housing Element Law Before SB 375, federal and state law ignored the fact that in most areas in California, regional transportation plans and regional housing allocation plans are prepared by the same regional organization. Conflicting deadlines policies have historically caused a disconnect between regional transportation planning and regional housing policy. SB 375 eliminate this disconnection by requiring the RTP to plan for the RHNA and by requiring the RHNA plan to be consistent with the projected development pattern used in the RTP. This will make two significant changes in this regard. First, cities and counties in Clean Air Act non-attainment regions will have an 8-year planning period,32 which means that the housing element must be updated every 8 years rather than every 5 years. Second, cities' and counties' RHNA will change because consistency between the regional housing needs allocation plan and the RTP means that the concept of"fair share" will change. Under existing law, the COG adopts the regional housing allocation plan. The plan distributes to each city and to each county its fair share of the regional housing need.33 Under SB 375 the plan must be consistent with the development pattern included in the SCS (although each jurisdiction still must receive an allocation).34 In trying to encourage a growth development pattern for residential housing that would reduce GhGs, SB 375 had to address the potential conflicts with the existing RHNA and housing element goals and process. 1. Establishing an Eight Year Planning Period in Non-Attainment Regions Local governments within a region classified as "non-attainment"under the Clean Air Act and local governments within a region that has elected35 to adopt a regional transportation plan every four years are required to revise their housing element every eight years (instead of the current 5 years).36 All other local governments remain on the five-year schedule (see"12. MPOs in Attainment Areas and RTPAs Not Within an MPO" on page 11). 3' SB 375 allows attainment regions to elect to prepare an RTP every four years which will then mean that cities and counties in that region to have an 8-year planning period. J3 SB 375 changes the methodology that HCD uses to calculate the existing and projected regional need. This number must now reflect"the achievement of a feasible balance between jobs and housing within the region using the regional employment projects in the appli=able regional transportation plan" Cal.Gov't Code§ 65584.01(d). See Cal.Gov't Code §65584.04(i).. 35 Cal.Gov't Code§ 65080(b)(2)(L). an See Cal. Gov't Code§§65588(b).and(e)(7) 'i Technical Overview ofSB 375(v. 1.1) League of California Cities Page 15 2. When the Eight Year Planning Period Starts Local governments in non-attainment areas are required to adopt their fifth revision of the housing element no later than 18 months after the adoption of the first RTP adopted after September 30, 2010. Local governments that have elected to adopt the RTP every four years are required to adopt their next housing element 18 months after the adoption of the first regional transportation plan following the election. All local governments within SANDAG are required to adopt their fifth revision no more than 5 years from the fourth revision and their sixth revision no later than 18 months after adoption of the first RTP adopted after the fifth revision due date. 3. Timeline for RHNA Allocation and the Housing Element In areas where the 8-year planning period applies, the MPO will allocate the RHNA number to the individual cities and counties at approximately the same time it adopts the RTP (which includes the requirement that the SCS must accommodate the 8 year RHNA allocation). Once the city receives its RHNA allocation,it has 18 months to prepare its housing element and submit it to the Department of Housing and Community Development(HCD). All local governments within the jurisdiction of an MPO, except those within the San Diego Association of Governments, shall adopt its next housing element 18 months after adoption of the first RTP that is adopted after September 30, 2010. 4. Consequence of Failing to Submit a Timely Housing Element Local agencies that fail to submit a housing element to HCD within the 18 month timeline fall out of the 8 year housing element cycle and must submit their housing element every four years to HCD.37 These agencies must still complete their zoning within three years and 120 days of the deadline for adopstion of the housing element of or be subject to the sanctions provision described below. s 5. Timeline to Re-Zone Sites to Meet RHNA Need Each housing element includes an inventory that identifies sites to accommodate the jurisdiction's RHNA. Jurisdictions with an eight-year housing element must rezone sites to accommodate that portion of the RHNA not accommodated in the inventory no later than three years after the date the housing element is adopted or the date that is 90 days after receipt of the department's final comments, whichever is earlier.39 Rezoning of the sites includes adoption of minimum density and development standards. A local agency that cannot meet the 3-year requirement may be eligible for a 1-year "Cal. Gov't Code§ 65588(b) Se Cal. Gov't Code§65583(c)(1)(A) 31 Cal.Gov't Code§65583(c)(1)(A). Technical Overview of SB 375(v. 1.1) League of California Cities Page 16 extension if it can prove that it has completed 75 percent of its zoning requirement and was unable to rezone for one of the following reasons: (1)because of an action or inaction beyond the control of the local agency, (2)because of infrastructure deficiencies due to fiscal or regulatory restraints, (3)because it must undertake a major revision to its general plan in order to accommodate the housing related policies of an SCS or APS.40 6. Scheduling Actions Required by the Housing Element Program Current law also requires a housing element to include a program of actions that the local agency intends to undertake during the planning period to encourage that the needs of all economic segments of the community will be met. SB 375 requires local agencies to develop a schedule and timeline for implementation as to when specific actions will have "beneficial impacts" within the planning period. 41 7. Public Hearing for HCD Annual Report Local governments must now hold a public hearing and provide a annual report on the progress made during the year on the programs within the housing element. This requirement to make this report on an official form approved by HCD has been in the law since 1995,but has not been officially applicable because HCD has not yet finalized the form under the administrative rulemaking process42. 8. Extension of Anti-'.NIMBY for Affordable Housing Projects SB 375 extends a strict anti-NIMBY law protection (now called the Housing Accountability Act) for housing development projects, which are defined as projects where at least 49 percent of the units are affordable to families of lower- income households. 43(In most circumstances, a development that meets the 49 percent threshold is a development where 100 percent of the units are affordable to lower-income households.), The new anti-NIMBY provision applies to an agency's failure to zone a site for low-and very low-income households within the three year time limit(four years if an agency qualifies for an extension). If an affordable project is proposed on that site and the project complies with applicable, objective general plan and zoning standards, including design review standards, then the agency may not disapprove the project, nor require a conditional use permit, planned unit development permit, or other discretionary permit, or impose a condition that would render the project infeasible,unless the project would have a specific, adverse impact upon the public health or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. 40 Cal.Gov't Code§65583(0. 41 Cal.Gov't Code§ 65583(c); 42 Cal.Gov't Code§65400(a)(2)(B). 41 Cal.Gov't Code§65583(g) Technical Overview of SB 375(v. 1.1) League of California Cities Page 17 9. Potential "Sanctions" for Failing to Meet Zoning Timeline Any interested person may bring an action to compel compliance with the zoning deadline and requirements for the new 8-year housing element.44 If a court finds that a local agency failed to complete the rezoning, the court is required to issue an order or judgment, after considering the equities of the circumstances presented by all parties, compelling the local government to complete the rezoning within 60 days or the earliest time consistent with public hearing notice requirements in existence at the time the action was filed. The court shall retain jurisdiction to ensure that its order or judgment is tamed out. if the court determines that its order or judgment is not carried out, the court is required to issue further orders to ensure compliance and may impose sanctions on the local agency45,but must consider the equities presented by all affected parties before doing so. 10. Adoption or Self Certification of Housing Element Remains the Same. Although SB 375 changed the housing element planning period from 5 years to 8 years for some jurisdictions, and added time frames for completing certain actions which must be taken during the planning period, SB 375 did not change either the way in which the housing element is adopted except to the extent that the regional housing allocation plan must be consistent with the SCS. The RHNA process remains itself. Self-certification of the housing element remains an option (and triggers the three year requirement to zone).— SB 375 did nothing to alleviate the struggle that some cities and counties face in trying to plan for their entire RHNA except that HCD review of the housing element will occur less frequently for jurisdictions that move to an 8 year planning period. Cal. Gov't Code§65587. 45 This provision is similar to the requirement to file an annual housing element report on form approved through the state rulemaking process. See Cal.Gov't Code§65400(a)(2)(B). A local agency that fails to file such a report is subject to sanctions. Most agencies are not familiar with this provision,however, because HCD has not yet formally adapted the forms that would trigger this requirement(though a draft of such a form is posted on the HCD website—it has not yet been formally approved). Technical Overview ofSB 375(v. 1.1) League of California Cities Page 18 KEY DATES IN THE IMPLEMENTATION OF SB 375 December 31, 2008* Projects specifically listed on a local ballot measure prior to this date are exempt from the requirement to be consistent with the SCS January 1, 2009 CARB adopts Scoping Plan, which will include the total reduction of carbon in million metric tons from transportation planning January 31, 2009 CARB shall appoint a Regional Targets Advisory Committee (RTAC) to recommend factors to be considered and methodologies to be used for setting reduction targets June 1, 2009 MPOs in attainment areas and Regional Transportation Planning Agencies not within an MPO may elect to opt into the 8 year planning cycle. September 30, 2009 RTAC must report its recommendations to the CARB June 30, 2010 CARE must provide draft targets for each region to review September 30, 2010 CARB must provide each affected region with a GHG emissions reductions target. October 1, 2010 Beginning this date,MPOs updating their RTP will begin 8 year planning cycle that includes SCS-APS and alignment for the RHNA process. December 31, 2010* Transportation sales tax authorities need not change allocations approved by voters for categories of projects in a sales tax measure approved by voters prior to this date. December 31, 2011 Federal Statewide Transportation Improvement Projects programmed before this date are exempt from the requirement to be consistent with the SCS * A project category is diereni from a specifically listed project insofar as a local initiative may authorize funding for a certain type of improvement without specffying a specific location. Technical Overview of SB 375(v. 1.1) League ofCalifom is Cities Page 19 NEW RTP — RHA PLANNING CYCLE - R-_ __P-._ -.n. (Highlighted;underlined provisiops indicates new law.Plain text represents current law). RHNA PROCESS YEAR RTPPROCESS HCD consults with COG regarding assumptions and methodology to MPO begins forecast process for RTP including involvement of be used to determine housing needs' broad stakeholder groups COG Develops Regional Growth Forecast MPO holds informational mce[ings for local elected of7mals. -r COG conducts survey of its memberjurisdicnons 2 to MPO circulates a�dmft SCS andpossibly a draft APS if needed,at least 55 days poor to 8nel adoption' HCD gives regional housing number to COGS -� . ' MPO quantifies Ore reduced GhG emissions from SCS or`APS COG develops methodology for distributing RHNA consistent with - "s '.development pat[em'in SCS MPO holds public heanngs i' SCS i snot ed tiv�1 PO APSmay-also b tut cd - CARB eer`ees d sa¢�rees i1h�MP0 5'assessmenfthat SCS or AM o if imblemented'§chieve the GhG target gt• COG istributes draft RHNA allocafo co sistentwith SCS:every, 0 MPO adopts RTP that includes the SCS agency must within RCS must get some ofthe homing allocation Firs[six months,agencies may request COG reconsider allocation::; Transportation investments are cansistent with forecasted and file subs ucnta 1 - - development pattern in SCS Local agency stares drafting housing element" x Projects fiat are consistent with the CARB approved APS/SCS are - . eligible for CEQA exemption and streamlining provisions - Final RPLNA allocation adapted by COG at 6 months MPO reviews and updates'forecastsand assumptions in RTP Housing cleme t due to HCD IS months after Ineal zeencv receives .z(including SCS)for second RTP cycle RHNA allocation f9ne yearafter final RI1NA7 < 1 q al agency' sif ado t housin¢elcmeni 120 dava after statutory t to 3 "deadline to HCD to avoid a 4 year cycle 90 8ays aft receivir final commenm'a,housina element from ; HCD or date housing cleLnent adopted by joctil agency,3 year i me , 'period to complete zoning of cites not within invemory begins Annual housing report vvith heanme to diseuss Deadfirietocompleiezoningofsiteg not w th ninventnry ifno 4 MPO submits RTP that rs consistent wish the RI�'A allocation four " extension m> I'e Failure to meet timeline can trigger court-imposed ' vents earlier. -sanctionsandnewanti-NWYmmedv New A ti NIMBY pm s'o apol'e_tordriandabith;timice'rinects f - - on sites dtsijmgiedl in the element pro tram m be zoned at densities> '` consistent with affordable housing(the"Muilin"de t es")faunal Yetzoned. w Local agencies that did not file a timely housing element in year one o- 5most file another housing element that covers Years 5 through 8 of _ the planning period 's Y Local agencies that qualified for a one year extension are required to _ complete their zoning of sites not in inventory 'i. HCD provides MPO with regional number for next 8 yeareycle; fi COGS begins forecast for,next RTP planning cycle -COG begins process ofdeveloping next SMAPS Iragency has not zoned adequate sites in previous planning period; `i Possible Analyms,Year',—Fed regs require MPOs to include • zone orrezone in 1"year of planning period unaccommodated s-. ;ranalysis years;within RTP forecast period to take a hard look at its' _portion of RHNA from previous period 8 ' assumptions",The first analysis year is 5 to 10 years"out The'8 year 't.: s. .. RHNA cvcle makes the 8'"year a'good analysis,year for the fed rags }. Technical Overview of SB 375(v. 1.1) League of California Cities Page 20 KEY LEAGUE AMENDMENTS TO SB 375 Over the course of the SB 375 negotiations,the League identified a number of key amendments it required in order for the board to consider supporting it. This table summarizes many of those issues and explains the resulting outcome of the negotiations. 11 : Version Restrictions on Transportation investments within the The requirement for the SCS to identify resource lands is Transportation RTP were based upon a set of gone.Local officials on MPO boards retain discretion Funding? assumptions about resource lands that over the funding within RTP.If the SCS cannot achieve did not necessarily reflect the content the regional GhG target,the region must create an APS of local general plans. that could achieve the GhG target. But the APS is not part of the RTP. Funding for projects must be consistent with the SCS,but not necessarily the APS. Meaningful CEQA CEQA provisions had several Contains two forms of CEQA relief. The first exempts Relier preconditions that made it unlikely that residential projects from reviewing the impacts related to they would broadly applied cars and light trucks on projects that are consistent with a plan to reduce GhGs from that source. The second is for defined infill projects near transit choices. j Mandatory Growth Required MPOs to do mandatory and Mandatory growth management has been removed and Allocations in SCS heavily prescribed growth management the requirement in earlier drafts that a region"identify of Regional within the regional transportation plan resource lands"has been changed to"gather and consider Transportation (RTP),which came to be known as the best practically available scientific information about Plan? "concentric circle"planning resource lands." Sweeping Resource Resource definitions included new The ambiguous environmental land definitions have been Land Definitions? ambiguous terms. clarified to be consistent with current law. Role for local None MPO must adopt an outreach process that includes officials in workshops for local elected officials in each county. developing SCS? Local Participation Called for a top-down process for Bill now contains a fair process for setting regional Setting Regional setting GHG targets that was targets that includes a statewide advisory committee with GhG Reduction unacceptable League representation.CARB must hold workshops Targets? requirements in each region. Confusion between It was unclear how the new Connection between the"Supplement"(now called the existing federal laws "Supplement,"(now the APS)and the "Alternative Planning Strategy or APS)"which is and SB 375? existing federal RTP requirements were required when a region's RTP cannot meet the regional related to each other. targets)and the RTP;i.e.,the land use pattern in the Alternative Planning Strategy will not affect or be part of the RTP or its funding. RHNA Consistency The new goal of encouraging infill The bill achieves a three-year extension of the RHNA and Extension? through transportation investments and process(from 5—8 years),making it consistent with the the RTP(4 year cycle)directly RTP process of two four-year cycles.This achieves a conflicted with existing RHNA fair major League goat. share goals(5-year cycle). Palm Desert Sun Thursday,July 10,.2008 J Affordable housing contentious Deadline passes Proposed 2008 Housing Element The city needs to plan about 2,700 affordable housing units.A recent plan calls with no decision far placing those medium-and high-density units in the city's north end. T� on General Plan Planned affordable housing locations SLOB TCEH10 A 280 units I- 250 units By 81 300 units G 200 units ®na.tenodo@palmdesertsun.00m Dinah Shore Dr. B2 220 units H 225 units A housing plan proposing sev- 192 units 1 195 units D eral thousand affordable housing units J 1 units 505 units primarily in the north end E 05 units of Palm Desert was met with ,max strong resistance during a study session between the City Coun- Gerald Ford Dr.a �✓ I I cil and Pahn Desert Planning I Commission members. The group met July 3 to dis- cuss the General Plan 2008 ' Housing Element update put to- . T.. A. T gether by city staff and consult- Frank Sinatra Dr. Dis ing firm Terra Nova Planning Aug 29 and Research Inc. vuH Y ' The state's Department of A aESERY Housing and Community De- �T velopment requires cities to form enc.ns oaseRr svN Jay 24 plans for housing goals,policies a r n Sept 11 ' and programs. cities also must They only want to know that its mathematically possible. �' tell the state what vacant parcels in their limits are available for a Councilman Jim Ferguson Reward minimum number of affordable housing units. from developers with high-density Thursday's meeting was a re- Palm Desert must accommo- projects council members disap- quest that staff review the cur- ti date 2,711 affordable housing proves of normally. rent criteria outlined in Palm parcels.Most were mapped out - Staff advised that the council Deseres general plan to make for the north end of the city. would still have discretion over sure the city does indeed have That did not sit well with some what projects were approved. the authority to veto high- members of the council,indud- And while the city is legally re- density projects. itig Councilwoman Cindy Fin- quired to create a plan,it only Ongoing discussions have de- erty.She favors low-density needs to show that it is possible layed the city in submitting plan housing for that area. to build those units,city officials to the state. "I just think it's irresponsible," said. Palm Desert missed a June 30 Fmerty told the group. "Espe- "They only want to know that deadline.But we are not the ®� cially since we have a water its mathematically possible, only ones, said Lauri Aylaianshortage. {� ". Councilman Jim Ferguson told director of community services. ®JIV I She feared the plan would make Fmerty. The city will face no copse t it difficult to tutu down projects The only action taken during quences because of it. i w "If it's fas C 130t V x T"»FL IF 1 `+a- Mr°As-0rvzrn�� kAMr.fla Flnlcnr,f rf RsNdorttl.l CorrrrrroroW „''.� FEB-20-2008 WED 03:42 PM DESERT SUN-RETAIL FAX NO. 760 778 6439 P, 01/01 thedesertsun . com �7 Insertion Order Authorization Form Date 2 '7i2�-°New Account(Yes)& Or (N (Changes (rill) Accounr/Agency Name Gl-r _ t>f {79�r.`YJS St/L ACcount N Contacr VA,,)— Phone# S'W Fax 0 b — Ll I E-Mail J Date Posicon Request Size Caption Color Discount Cost F Z 22 G L_ l PPr o t,S l a t" s n Total Schedule�[ t 1 Notes_ `�'L£�5 S161) I ��u /sac¢ fp '1'7f7 �/S If --riP,j" / 1 ^� 6s�dPaN�Erin aflm1 rN bw made m lumnudom par row two m WE do rtot pana4n plsemm in I MBdk mlim V on a epadtc tape,l09aumdee ed pkmxd thaedstremurt6e�mhYmi�ma1315mlamiedesendeZ59isndmyowNl6eeddedmtlmmWeortdyaredul de 6oawamadpMasarebwndoneveAahWly. 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Order Taken 8y_ 1 v\\ £ t L�SDate Xrder Authorized By .r'n Signature Phone Fax Palm Springs 760-778.4527 760-77&4528 For Internal Use Only Cathedral City 760-202-3200 760-324-2751 Insenllon Order N Bermuda Dunes 760-360-2218 760-200-2904 CITY OF PALM DESERT Department of community Development 73-510 Fred Waring Drive Palm Desert, California 92260-2578 Tel: (760) 346-0611 Fax: (760-776-6417 FAX TRANSMITTAL TO. DATE: 2 zo COMPANY:— FAX NUMBER: FROM: a.` c� '8� MESSAGE: Number of pages transmitted�_ (including cover page) rT� _-17) L J TERRA NOVA FrL315 2008 Planning & Research, Inc. WMUNITYDEVELO"S'E IT TMENT CITY OF PALM DESERT TRANSMITTAL 400 S. Farrell, Ste B-205 PALM SPRINGS, CA. 92262 (760) 320-9040 FAX#: (760) 322-2760 E-Mail: nlawson@terranovaplanning.com DATE: February 13, 2008 TO: Mr. Ryan Standell City of Palm Desert FROM: Nancy Lawson, Assistant to Nicole Criste RE: Housing Element Update Stakeholders' Workshop Number of pages in this transmittal 1 and enclosures. Enclosed are the Housing Element Update Stakeholders' Workshop notice and distribution list. If you have any questions please contact Nicole or me at 760-320-9040. Thank you Enclosures: IX Yes A No Documents to follow: 0 FAX 0 E-Mail Confidentiality Notice: This transmittal is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged,confidential,and exempt from disclosure under applicable law.If the reader of this message is not the intended recipient,or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited.If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the above address via the U.S Postal Service.Thank You. City of Palm Desert Housing Element Update Stakeholders' Workshop The City of Palm Desert is currently updating the Housing Element of its General Plan for the 2006 to 2014 time frame. The City would like your input as an agency or organization which has been active in the development of affordable housing in Palm Desert. This workshop will be focused on the development community, advocacy groups, and community support organizations. Another workshop is scheduled for the community at large on February 27, 2008. The stakeholders' workshop will be held on February 21, 2008 at 3.00 PM in the Community Services Conference Room Palm Desert City Hall 73-5 10 Fred Waring Drive Palm Desert If you have any questions or need further information, please call Ryan Stendell at 760-346-0611 PD—HE dist. list Mailed: 2/13/08 CVAG Riverside County Office on Aging 73-710 Fred Waring Drive,Ste 200 73750 Catalina Way Palm Desert, CA 92260 Palm Desert,CA 92260 California Coalition for Rural Housing Building Horizons 717 K Street,Suite 400 75-105 Merle Street,Suite 100 Sacramento,CA 95814 Palm Desert,CA 92211 California Rural Legal Catholic Charities 1460 6th Street 35-325 Date Palm Drive,Ste 143 P.O.Box 35 Cathedral City,CA 92234 Coachella,CA 92236 Coachella Valley Housing Coalition Foundation for the Retarded of the Desert 45701 Monroe Street, Ste.G Indio,CA 92201 Palm Country Club Drive Palm Desert,CA 92260 i United Farm Workers Shelter from the Storm i9700 Woodford-Techachapai Road 73555 Alessandro Drive,Suite D P.O.Box 62 Palm Desert,CA 92260 Keene,CA 93531 BIA Desert Chapter 77-570 Springfield Lane, Suite E Palm Desert,CA 92211 Fair Housing Council 655 N.Palm Canyon,Suite A NIM Springs,CA 92262 Habit�tfor Humanity Coachella Valley 77-564 Country Club Dr, Ste 201 Palm Desert,CA 92211 Jewish Family Services of the Desert $01 E.Tahquitz Canyon Way,Ste202 Palm Springs,CA 92262 DACE/Rancho Housing Alliance 53-990 Enterprise Way, Ste I Coachella,CA 92236 HOUSING ELEMENTS CURRENTLY IN REVIEW June 25, 2008 2:32 p.m. CITY TYPE RECIEVED DUE-DATE COMPLIANCE ALHAMBRA DRAFT 05/02/2008 07/01/2008 IN REVIEW ANAHEIM DRAFT 05112/2008 07/11/2008 IN REVIEW BREA DRAFT 06/23/2008 08/22/2008 IN REVIEW CALABASAS DRAFT 06/16/2008 08/15/2008 IN REVIEW CALIPATRIA DRAFT 05/15/2008 07/14/2008 IN REVIEW CARLSBAD DRAFT 06/05/2008 08/04/2008 IN REVIEW CHINO DRAFT 05/13/2008 07/11/2008 IN REVIEW COSTA MESA DRAFT 05/30/2008 07/29/2008 IN REVIEW CYPRESS DRAFT 05/20/2008 07/18/2008 IN REVIEW EMERYVILLE DRAFT 06/25/2008 08/22/2008 IN REVIEW FOLSOM DRAFT 06/06/2008 08/05/2008 IN REVIEW FRESNO ADOPTED 06/25/2008 09/23/2008 IN REVIEW GARDEN GROVE DRAFT 06/11/2008 08/08/2008 IN REVIEW GARDENA DRAFT 06/09/2008 08/08/2008 IN REVIEW GREENFIELD ADOPTED 05/30/2008 08/28/2008 IN REVIEW HOLTVILLE DRAFT 05/12/2008 07/11/2008 IN REVIEW LA PUENTE DRAFT 05/28/2008 07/25/2008 IN REVIEW LAKE FOREST DRAFT 04/28/2008 06/27/2008 IN REVIEW LAKEWOOD DRAFT 05/07/2008 07/03/2008 IN REVIEW LANCASTER DRAFT 05/02/2008 07/01/2008 IN REVIEW LYNWOOD DRAFT 06/16/2008 08/15/2008 IN REVIEW MONTEREY PARK DRAFT 06/04/2008 08/01/2008 IN REVIEW MORENO VALLEY DRAFT 05/29/2008 07/28/2008 IN REVIEW ORANGE DRAFT 05/05/2008 07/03/2008 IN REVIEW PERRIS DRAFT 06/18/2008 08/15/2008 IN REVIEW PICO RIVERA DRAFT 06/02/2008 08/01/2008 IN REVIEW POMONA DRAFT 05/14/2008 07/11/2008 IN REVIEW ROLLING HILLS DRAFT 06/23/2008 08/22/2008 IN REVIEW SAN CLEMENTE DRAFT 06/11/2008 08/08/2008 IN REVIEW SAN MARINO DRAFT 05/12/2008 07/11/2008 IN REVIEW SANTA MONICA DRAFT 05/29/2008 07/28/2008 IN REVIEW SELMA DRAFT 06/02/2008 08/01/2008 IN REVIEW SHAFTER DRAFT 05/27/2008 07/25/2008 IN REVIEW SOLANO COUNTY DRAFT 05/15/2008 07/14/2008 IN REVIEW SOUTH LAKE TAHOE DRAFT 05/21/2008 07/18/2008 IN REVIEW STANTON DRAFT 06/20/2008 08/19/2008 IN REVIEW TUSTIN DRAFT 06/12/2008 08/11/2008 IN REVIEW WOODLAND DRAFT 06/24/2008 08/22/2008 IN REVIEW 38 i Y CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT CITY COUNCIL STAFF REPORT REQUEST: Request for approval to authorize staff to submit the first draft of the General Plan 2008 Housing Element Update to the State Department of Housing and Community Development. SUBMITTED BY: Ryan Stendell, Senior Management Analyst Lauri Aylaian, Director of Community Development CASE NO: GPA 07-01 DATE: June 26, 2008 CONTENTS: Draft Element Plans & Exhibits I. RECOMMENDATION: By minute motion that the City Council authorize staff to submit the first draft of the General Plan 2008 Housing Element Update to the State Department of Housing and Community Development (HCD). II. EXECUTIVE SUMMARY: Approval of staff recommendation will authorize the submittal of the General Plan 2008 Housing Element Update to HCD as required by State Law. III. BACKGROUND: Previous Housing Element(1998-2006) The previous housing element was certified with the adoption of the General Plan Update of 2000, approved March of 2004. At that time the Regional Housing Needs Allocation (RHNA) for Palm Desert was 444 total units (215 market rate and 229 affordable units). SCAG uses several years of previous census data and transportation and growth patterns in determining a RHNA allocation. At the time of the previous allocation, the City was coming out of downturn in the economy and this resulted in a low RHNA allocation for Palm Desert. As a result of this computation method, the RHNA numbers for Palm Desert for 1998- 2006 were extremely low. 1 Staff Report Housing Element Update June 26, 2008 Page 2 of 7 The City was successful in meeting its RHNA goals for this previous cycle, providing 77 very low income units, 67 low income units, and 85 moderate income units. In addition, during the 1998-2006 cycle the Agency maintained and operated over 1,000 affordable units within Palm Desert. New State Housing Element Requirements: Since the last update, State Law has changed and now is very detailed regarding the required content of Housing Elements. The City's Housing Element must include: 1. An analysis of the 1998-2006 Housing Element goals, policies and programs which demonstrates whether these were effective in facilitating the development of housing. 2. An analysis of the demographics of the community. 3. An inventory of the existing affordable housing units available in the City. 4. An analysis of the constraints to the development of affordable housing. 5. An inventory and parcel-specific listing of the vacant lands available in the City for affordable housing in the 2006-2014 planning period. 6. Revised goals, policies and programs that will facilitate the construction of the City's RHNA allocation. The site-specific land inventory (Item #5 above) is a new requirement which must clearly show that land which has utilities, services, and appropriate zoning in place is available to accommodate the housing for the very low, low and moderate income categories. Current Housing Element Cycle (2006-2014) Based on total acres of land in the north sphere (University Park Planning Area), staff had projected that the north area would provide between 4,000 and 5,000 new housing units based upon sizing and densities. This was reflected in the 2004 General Plan Land Use Map which showed between 4,147 and 7,753 total units within the north sphere. Residential growth has boomed over the past several years, leaving the census data that SCAG uses to calculate RHNA numbers very high. Staff expected a very high number for the current RHNA cycle, given the total number of units that were approved in the land use map of the General Plan. The current RHNA numbers released in November of 2007 (4,586 total units, including 2,711 affordable units) are actually lower than the total number staff expected, although the affordable component was higher than anticipated. Challenges to the RHNA numbers were permitted only on a narrow r Staff Report Housing Element Update June 26, 2008 Page 3 of 7 range of bases and during a proscribed period of time. Because the City did not meet the criteria for challenges, no protest was filed during the appeal period. IV. DISCUSSION: Analyzing Vacant Lands: Examination of the land inventory for the required RHNA numbers makes apparent that the most abundant vacant lands are in the north end of town. However, since the update of the General Plan Land Use Map, several of the parcels that had the medium to high density overlay were entitled at low densities, and very little affordable housing was achieved. Finding the land to accommodate the identified number of units for this RHNA cycle then becomes more challenging. Staff has prepared a map that shows how the RHNA numbers could be met with the vacant lands still available: Approved General Plan Land Use Map (larger version attached): The current version of the Land Use Map of the approved General Plan is shown below. The General Plan Land Use Map as approved in 2004 showed that between 3,392 and 5,993 units could be built in that area. With the addition of the General Plan amendment to include the Taylor Woodrow development, the amended Land Use Map calls for 4,147 to 7,753 total residential units to be built within the northern area of the City. - - dry a/Palm Overt C .jPim mkAnn- ' cit,C.Mnl iry ResoluNm09-10 e' r,mwmw.n..vae wwsecaoea - �,e ED mill �. NMI Staff Report v Housing Element Update June 26, 2008 Page 4 of 7 Land Use Map Showing Entitled Properties (larger version attached): Below is the 2004 General Plan map showing in black the projects that have been entitled since the General Plan was approved in 2004 ("Entitled Projects"). The bulk of these projects do not exceed 8-10 dwelling units per acre, and only 136 affordable units were produced within the medium to high density overlay. (Sareis Regis (64 units), Taylor Woodrow (21 units), and The Vineyards (51 units).) Entitled Projects GEN[rtK0.sN idp • • ['JIJO(PIb OCVC/t lA1W^E000E! OWN o••`"�"`� y corei vr.n woa a ucoN.ui MOM ---------- To simply increase densities on the remaining unentitled parcels within the medium to high density overlay zones in order to meet RHNA numbers, densities of 25 to 30 units per acre would be required. Staff believes that such densities would adversely impact the character of the community. Land Use Map with staff recommended option to meet current State Law: The following map (`Revised Proposal') identifies sufficient land to meet the RHNA allocation, based on the remaining available land in the University Park Planning Area. Below is the Land Use Map that incorporates the results of the above two maps. Through discussions with developers, staff has Staff Report Housing Element Update June 26, 2008 Page 5 of 7 identified several parcels where the property owners would be willing to provide an affordable component, that are not currently allocated the medium to high density overlay. The owners of the parcel west of Monterey at the City border with Rancho Mirage have discussed several options of mixed use development, and have shown willingness to provide approximately 280 affordable units as a part of the master planned project. Staff has also looked to the parcels that the City or Redevelopment Agency control to identify possible sites for additional housing. Using portions of City/Agency owned lands, staff believes that an additional 720 units could be produced. With the addition of these units being proposed on lands not currently within the medium to high density overlay, the City can better disperse the housing throughout the northern area of the City. The densities resulting from allowing this proposed solution will allow a range from 13 to 16 dwelling units per acre for the identified parcels, which is more in keeping with the City's existing stock of housing. Revised Proposal �E�, Gp'Orrelm nexr o� Gerrnl Nev T000 �w mrn Goals, Policies, and Programs: The majority of the goals and policies found in the existing 2004 Housing Element will carry through to the new element. The most substantial proposed change is in the goal to purchase an additional 300 units throughout this planning period. Staff believes given the current level of Staff Report ` Housing Element Update June 26, 2008 Page 6 of 7 acquisition, that this is a reasonable number and helps lighten the load of new units that need to be constructed. It will also help to distribute the units throughout the City geographically, since the existing units likely to be acquired are south of Fred Waring Drive. New units produced will likely be north of Frank Sinatra Drive. The draft element also addresses information that every City in California is facing with SB 2, which deals with homeless shelters. Programs 3.A — 3.0 address the concerns of homelessness and providing appropriate zoning for new shelters within the City and continuing to work with existing and planned regional shelters through CVAG's ongoing programs. Proposed language also reaffirms that citywide energy conservation and green building techniques are an important goal of the City. The Housing Element covers all housing that is constructed in the City. By reaffirming energy conservation and green building, staff will have a better tool to work with developers in achieving good design that is also sensitive to the environment. CONCLUSION: New State requirements for updating the City's Housing Element add a layer of complexity to an already complicated issue. The recommended draft of the 2008 City of Palm Desert Housing Element seeks to balance the newly assigned RHNA numbers against sound community development principles, while minimizing impact to previously developed or entitled properties. The Housing Element must demonstrate that it is possible for the required housing units be built. It is not required that the City actually build the units, but the City must demonstrate that the units can be reasonably built. The draft Housing Element Update grows out of the 2004 General Plan, and has been updated to reflect projects that have been entitled since the General Plan was adopted. It also disseminates affordable housing units throughout the City as much as is practicable without impacting areas of the City that are already developed. Through the review and comment phase HCD has the chance to determine whether or not the proposed Housing Element is in compliance with Housing Element laws. If HCD determines that the proposed Housing Element is not in compliance with State law, the City may "self-certify" its own Housing Element. If the Element is "self-certified," the City will be ineligible for State and Federal funds for any housing projects, and will not be able to take advantage of other programs that require a State certified Housing Element. ' Staff Report Housing Element Update June 26, 2008 Page 7 of 7 Submitted By: Department Head: Ryan Stendell Lauri Aylaian Associate Planner Director, Community Development Approval: Homer Croy ACM, Development Services Carlos Ortega 9 City Manager 4 CITY OF PALM DESERT / DEVELOPMENT SERVICES INTEROFFICE MEMORANDUM To: Rachelle Klassen, City Clerk From: Gary Rosenblum, Risk Manager Date: December 5, 2007 Subject: Insurance Approval Certificate of Professional Liability Insurance for: Terra Nova Planning and Research Palm Springs, CA For contract C27150 Updating the Housing element of the General Plan Was reviewed and approved on December 5, 2007. Gary Rosenblum Risk Manager cc: Xan Stendell, Associate Planner GADev5erk1WAGary Rosenblum\Gary RoseMlum HRUnsuran \twa nova approve.dw RECEIVED CITY OF PALM DESERT DEC 04 2007 DEVELOPMENT SERVICES DEPARTMENT DEPARTMENT OF COMMUNITY SERVICESICITY CL%WF PALM DESERT INTEROFFICE MEMORANDUM To: GARY ROSENBLUM, RISK MANAGER From: RACHELLE D. KLASSEN, CITY CLERK Date: December 3, 2007 Subject: Contract No. C27150- Updating the Housing Element of the CiWs General Plan as Required by the State of California The Palm Desert City Council authorized the subject contract at its regular meeting of November 8, 2007. Contractor: Terra Nova Planning & Research, Inc. Palm Springs, California Attached are copies of the Certificate of Insurance for your review. Upon your approval, we will advise the Project Manager. Please let me know if you have any questions. RACHELLE D. KLASSEN, CMC CITY CLERK RDK:rg Attachment (as noted) cc: Ryan Stendell, Associate Planner G.1CMURKIROSIE GRIFFINIMEMOSICERTIFICATE OF INSURANCE RISK MANAGER.00C - P. 001/001 �4_C_Q8Q CERTIFIC( - OF UABury INSURAti... u °A11 29 07 FRDDWGN THIS CRRTIFlCA M 190=9D A9 A MATTER Ole DR-0RA4Imom Srskka-90hathits Ins. Brokers ONLY AND CONFERS NO RWNTB UPON TH9 CEFtnArAT9 Liam" #0620915 HOLDM TND f�RT1PN:AT!DOES NOT AMEND,ERTEND OR 26202 Cabot Read, suits SOO ALTER THE COVERA09AFUR=by THE POLNRES 99L091. Lagans Niguel CA 92677-2251 Phasus949-393-5100 rax:989-365-5161 WSURERSAFFORDIN000VERAGE NAN s OSIRCB INSURER A: 1.AAAA,A AAPPJ^rr s2 OS COREL- R"ER W � phria YA � Hen DMUREPo-0' � ackmER C COVERAGES THE POUMS OF MURAP*E MED IELOW HAVCBCEN ISSUED TO DC INSURED RAMAD AMC FOR THE POLICY PEMOD POCATCO NO W"WANDPIO ANY RETYRRBNEUT,TERM OR 0"MON OF ANY OOIRRACT OR OTHER OOCUYENT WON Rfi PWTO WHOM TWO CERTIP"TE WY REa9VCO OR MAY PERTAIN,TNG NU MNCE AFFORDED OYTHC PONCES MORENO NNIRGW S SUBJECT TO ALL THE TOME.OIQ mma AN OONORIONSOFSUCH POUoM AdMUTE Um1O SHOWN MAY NAV6 NGGN REd1QE0 BY PAn CIAIn LTR Tmoplaumum POUCYTRMM DATE UIITE owmo LLNBRTIT EAM OCOURRQ/CE / COMMERCNL OGNCRALUANUTY GAAAa oP i OWLS MADE OCCUR M[omP a+P+en FLRGONALRAWMAIRY P OETAAALA=COATE i CM AOORCWTC UMn APPUIS PER PRODUOTC.COWWPAOO i M RAC AUIOMORU UABN E UNR ANYAM 090-=BYJOL 1 ALLOWNEDAUTOL ' EOHGOLLIDAU108 D PGMM e Hm AUT0/ DOOLYIKPAIY NONLWNEDAUTOS PAT AodeNIB s PwAoaaNR�E i OARAWLUIBHTY AUTOONLY.EAACCDENT E ANYAUTO pp CAACC i WOW ADD i Ts0LSIRRIBRNLALJA LITT DON OCCURRENCE i OCCUR CLAIMS MADE AOOREoATE 1 . t DCdMMA i RETENTION 1 F WO MPERS COAPBN UTIONAND ENFLWmWUAmLw PROPANY RMTORNARTNiRIORCUTM FL EACH ACOOW S AoPF96PAMIeER WVLVOCDT GLDI"+EAHE-EA i BP8IZ=RRO'A 3`N$PANPP EL DISEASE•POLICY LIMIT i OTHER A prof. *+-l�ATAty 1=808275 11/05/07 11/05/09 Per claim $1,000,000 I to 62,000.000 OC7CRVTIOR OPCMDpgl/ 7NMEr / ABOm OT /sR01AL Evidsaas of mmu'uaoe OSRTWMAIF HOLDER CANCELLATION CTrp= sIeRADANnaTTmAEOYEOSNDIeEO POUCISWOAMDEUJIO M.IQILLTW BiFOM City of Palm Desert BATETAKFAW.TNOSDUNSNMN W LENTIIAVORTDWL 30 DAYEwarm A mi:yp4 *A21e D. In-Assn, Nmi NA BTOTNSCUMMATB HUB& NEOTO THE LWIT,90 PALURB TODO MCI" 73-31b Bred DCLT/e WPOGE lDOBLICATTON OR{LAEIITY WANY IeM UPOII7MB DNYq�.READQ1TBe1 Palm Dasertq CA 92260 ACORD 26 p0011W 0 ACM CORPORATION TRti Nov 16 07 04: 44P G Stettler State Farm 760-770-9282 P• 1 CERTIFICATE OF INSURANCE STaTF /�afa This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY,Bloomington,Illinois ® STATE FARM GENERAL INSURANCE COMPANY,Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY,Scarborough,Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY,Winter Haven,Florida ❑ STATE FARM LLOYDS, Dallas,Texas insures the following policyholder for the coverages indicated betaw. Policyholder TERRA NOVA PLANNING AND RESEARCH, INC. Address of policyholder 400 S FARRELL DRIVE, SUITE B-205, PALM SPRINGS, CA 92262 Location of operations SAME Description of operations PLANNING 6 RESEARCH The policies fisted below have been Issued to the policyholder for the policy periods shown. The Insurance described in these policies is subject to all the terms,exclusions,and conditions of those policies.The limits of liability shown may have been reduced by any paid claims. POLICY PERIOD LIMITS OF UABIUTY POLICY NUMBER TYPE OF INSURANCE Effective Date 'ration Data (at beginning of policy period) Comprehensive BODILY INJURY AND Business Liability PROPERTY DAMAGE .......................... This insurance includes: ❑Products-Completed Operations Each Occurrence ❑Contractual Liability — ❑Personal Injury ❑Advertising Injury General Aggregate S ®AUTO LIABILITY INCLUDES ANY OWNED,HIRED, ❑ SCHEDULED OR NON-OWNED AUTOS Products-Completed $ ❑ O rations Art late POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date ; Expiration Data (Combined Single Limit) ❑Umbrella Each Occtrrrertce $ ❑Other Aggregate $ POLICY PERIOD Part 1-Workers Compensation - Statutory Effective Date Expiration Date Workers'Compensation Part II-Employers Liability and Employers Liability Each Accident $ Disease•Each Employee $ Disease-Policy Unit $ POLICY,PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy period) V85 4787-A13-55J AUTOMOBILE 09/15/07 09/15/08 $1 MILLION COMBINED SINGLE. LIMIT V60 5327-C15-55I AUTOMOBILE 09/15/07 09/15/08 $1 MILLION COMBINED SINGLE LIMIT THE CERTIFICATE OF THER AMENDS,EXTENDS OR ALTER INSURANCE COVERAGEEAAPACT OF INSU PROVED BY ANYCE AND POLICY DEISCRIBEDAFFIRMATIVELY NOR NEGATIVELY Name and Address of Certificate Holder If arty of the described policies are canceled before their expiration date,State Fans will try to mail a written notice to the certificate holder 30 days before RACHELLE F(LASSEN, CITY C:,ERE fellation.If however, fail to mail such notice. CITY OF PALM DESERT nd ligation Or liability b imposed on State 73-510 FRED HARING DRIVE F r1 agents 'D PALM DESERT, CA 92260 C x' 15� gnstura of Author ed Representative 11/16/07 AGENT/OWNER Title Date GEORGE STETTLER Agent Name Telephone Number 760-770-0700 Agents Code Stamp Agent Code 55-8863 AFO Coda F422 55b994 a.e Ray.il-W2004 Prvnedin U.SA. t CERTHOLOER COPY SK STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 11-18-2007 GROUP: 000582 POLICY NUMBER: 0001181-2007 CERTIFICATE ID: 40 CERTIFICATE EXPIRES: 09-01-2008 09-01-2007/09-01-2008 CITY OF PALM DESERT SK a 7 (� ATTN: RACHELLE KLASSENOCITY CLERK 73510 FRED BARING OR - PALM DESERT CA 92280-2524 This is to certify that we have Issued a valid Workers' Compensation insurance policy In a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy Is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions. of such policy. 4L-- =RIZEDREPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000.000 PER OCCURRENCE. ENDORSEMENT N1000 - JOUN D. CRISTE,PRES,SEC, TREASURER - EXCLUDED. ENDORSEMENT 81800 - NICOLE S. CRISTE, VICE PRESIDENT - EXCLUDED. ENDORSEMENT N2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. i EMPLOYER ' TERRA NOVA PLANNING 9 RESEARCH,INC. SK - 400 S FARRELL OR STE 8205 PALM SPRINGS CA 92262 PM3,CNj IREV.2-0) PRINTED 11-18-2007 City of Palm Desert /Nr Or DINAH SHORE OR 'I w Af f ordable 'a Housing Units y w June, 2008 GERALD FORD OR w v AIA Y PRsl 0 u 9rR N Yr 0 FRANK SINATRA OR FRANK SINATRA DR rq M4Riy,/r R0 a w A > �_mrmrw�4 r' w z w COUNTRY CLUB DR COUNTRY CLUB DR 0 > K K ¢ m o 0 HOVLEY LN W 0 0 a 0 u O O m u HOVLEY LN E w < O � — *� HOVLEV LN E z ..— O nox�emrs z_ s N E IA FAL S OR y Floeu�nq° F 3 Oi•uJ eieu.�� Z PARK VIEW OR w y f G¢� p o CALIFORNLp 3 1A C J z z u FREE WARING D FR D WAARIINGG DR� 0 0 / STATE HWY 111 PASEO 3 A UNTAI D Y I WAVD — N GRAPEVINE 5 0 HAYSTACK RD J w MESAVIEWD/7 PORTOl AFFORDABLE HOUSING UNITS ^a AGENGYASSISiFD $ * CEVELOPER PROVICED F tiQ 3,q CIIIf 0f- . P 0 1 M OfSERI a y 73-510 FREI) WARING DRIVE 'qL'4 PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6tt FAX: 760 341-7098 info@palm-desert.org Mr. Richard Milanovich Chairperson July 23, 2008 Agua Caliente Band of Cahuilla Indians 5401 Dinah Shore Drive Palm Springs, CA 92262 RE: City of Palm Desert General Plan Housing Element Update, Palm Desert, Riverside County, California Dear Mr. Milanovich: In conformance with Senate Bill 18 (SB-18), we are sending you this letter to offer a consultation to protect cultural resources that may occur within the City. Your name was provided to us by the Native American Heritage Commission when we enquired about Tribal contacts in the area of the City. The Palm Desert Housing Element addresses the housing characteristics and needs of the City, including, but not limited to, a description of existing housing types, condition of existing units, overcrowding, overpayment, homelessness, and the demand for affordable housing in the area. It also offers programs and recommendations for addressing housing needs within the City. Please see enclosed City boundary map. If you wish to consult with the City regarding potential cultural resources within the City, please contact me at 760-320-9040, or at the following address within 90 days of the date of this letter. Nicole Sauviat Criste Consulting Planner Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 If you have any questions about either the Housing Element or the SBA 8 process, please feel free to contact me. Sincerely, Nicole Sauviat Criste Consulting Planner RECEIVED cc: Ryan Stendell, Palm Desert City Planner ✓ JUL 2 4 2008 DEVELOPMENT SERVICES DEPARTMENT CITY OF PALM DESERT t.1 nimvwnnnnrun CITY 01 PH [ M DESERI {/ 73-510 FRED WARING DRIVE A. PAL-m DESERT, CALIFORNIA 92260-2578 s TEL: 760 346-o6u FAX: 760 341-7098 info@paim-desert.org Ms. Mary Ann Green, Chairperson July 23, 2008 Augustine Band of Cahuilla Mission Indians P.O. Box 846 Coachella, CA 92236 RE: City of Palm Desert General Plan Housing Element Update, Palm Desert, Riverside County, California Dear Ms. Green: In conformance with Senate Bill 18 (SB-18), we are sending you this letter to offer a consultation to protect cultural resources that may occur within the City. Your name was provided to us by the Native American Heritage Commission when we enquired about Tribal contacts in the area of the City. The Palm Desert Housing Element addresses the housing characteristics and needs of the City, including, but not limited to, a description of existing housing types, condition of existing units, overcrowding, overpayment, homelessness, and the demand for affordable housing in the area. It also offers programs and recommendations for addressing housing needs within the City. Please see enclosed City boundary map. If you wish to consult with the City regarding potential cultural resources within the City, please contact me at 760-320-9040, or at the following address within 90 days of the date of this letter. Nicole Sauviat Criste Consulting Planner Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 If you have any questions about either the Housing Element or the SB-18 process, please feel free to contact me. Sincerely,in p� z' Y Nicole Sauviat Criste Consulting Planner cc: Ryan Stendell, Palm Desert City Planner CJ rwnomworw CIIV Of P 0 1 M DESERT 73—SIo FREI) WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o61I FAX: 760 341-7098 infu@paim-desert.org Mr. John A. James, Chairperson July 23, 2008 Cabazon Band of Mission Indians 84-245 Indio Springs Parkway Indio, CA 92203 RE: City of Palm Desert General Plan Housing Element Update, Palm Desert, Riverside County, California Dear Mr. James: In conformance with Senate Bill 18 (SB-18), we are sending you this letter to offer a consultation to protect cultural resources that may occur within the City. Your name was provided to us by the Native American Heritage Commission when we enquired about Tribal contacts in the area of the City. The Palm Desert Housing Element addresses the housing characteristics and needs of the City, including, but not limited to, a description of existing housing types, condition of existing units, overcrowding, overpayment, homelessness, and the demand for affordable housing in the area. It also offers programs and recommendations for addressing housing needs within the City. Please see enclosed City boundary map. If you wish to consult with the City regarding potential cultural resources within the City, please contact me at 760-320-9040, or at the following address within 90 days of the date of this letter. Nicole Sauviat Criste Consulting Planner Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 If you have any questions about either the Housing Element or the SB-18 process, please feel free to contact me. Sincerely, I-IL Nicole Sauviat Criste Consulting Planner cc: Ryan Stendell, Palm Desert City Planner ^ rmncmnrw Lit CITY 01 P H I M OESERI '? 73-510 FRED WARING DRIVE PAL&i DESERT, CALIFORNIA 92260-2578 TEL; 760 346—o6u FAX: 760 341-7098 info:@pal m-deserr.org Mr. Anthony Madrigal, Jr., Chairperson July 23, 2008 Cahuilla Band of Indians P.O. Box 391760 Anza, CA 92539 RE: City of Palm Desert General Plan Housing Element Update, Palm Desert, Riverside County, California Dear Mr. Madrigal: In conformance with Senate Bill 18 (SB-18), we are sending you this letter to offer a consultation to protect cultural resources that may occur within the City. Your name was provided to us by the Native American Heritage Commission when we enquired about Tribal contacts in the area of the City. The Palm Desert Housing Element addresses the housing characteristics and needs of the City, including, but not limited to, a description of existing housing types, condition of existing units, overcrowding, overpayment, homelessness, and the demand for affordable housing in the area. It also offers programs and recommendations for addressing housing needs within the City. Please see enclosed City boundary map. If you wish to consult with the City regarding potential cultural resources within the City, please contact me at 760-320-9040, or at the following address within 90 days of the date of this letter. Nicole Sauviat Criste Consulting Planner Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 If you have any questions about either the Housing Element or the SB-18 process, please feel free to contact me. Sincerely, pp� Nicole Sauviat Criste Consulting Planner cc: Ryan Stendell, Palm Desert City Planner✓ ' �^�mmear enmr nnr IIIV 01 PHIM 91SINI J} 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 9226o-2578 TEL: 76o 346—o6u FAx: 76o 341-7098 info@pdm-desert.org Ms. Katherine Saubel, Spokesperson July 23, 2008 Los Coyotes Band of Mission Indians P.O. Box 189 Warner Springs, CA 92086 RE: City of Palm Desert General Plan Housing Element Update, Palm Desert, Riverside County, California Dear Ms. SaubeL In conformance with Senate Bill 18 (SB-18), we are sending you this letter to offer a consultation to protect cultural resources that may occur within the City. Your name was provided to us by the Native American Heritage Commission when we enquired about Tribal contacts in the area of the City. The Palm Desert Housing Element addresses the housing characteristics and needs of the City, including, but not limited to, a description of existing housing types, condition of existing units, overcrowding, overpayment, homelessness, and the demand for affordable housing in the area. It also offers programs and recommendations for addressing housing needs within the City. Please see enclosed City boundary map. If you wish to consult with the City regarding potential cultural resources within the City, please contact me at 760-320-9040, or at the following address within 90 days of the date of this letter. Nicole Sauviat Criste Consulting Planner Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 If you have any questions about either the Housing Element or the SB-18 process, please feel free to contact me. Sincerely, Nicole Sauviat Criste Consulting Planner cc: Ryan Stendell, Palm Desert City Planner ✓ CITY 0 PflIM OESERI 73-510 FRED WARING DROVE PALM DESERT, CALIFORNIA 92260-2578 I' TEL: 760 346-0611 FAX: 760 341-7098 info@palm-desert.org Mr. Robert Martin, Chairperson July 23, 2008 Morongo Band of Mission Indians 11581 Potrero Road Banning, CA 92220 RE: City of Palm Desert General Plan Housing Element Update, Palm Desert, Riverside County, California Dear Mr. Martin: In conformance with Senate Bill 18 (SB-18), we are sending you this letter to offer a consultation to protect cultural resources that may occur within the City. Your name was provided to us by the Native American Heritage Commission when we enquired about Tribal contacts in the area of the City. The Palm Desert Housing Element addresses the housing characteristics and needs of the City, including, but not limited to, a description of existing housing types, condition of existing units, overcrowding, overpayment, homelessness, and the demand for affordable housing in the area. It also offers programs and recommendations for addressing housing needs within the City. Please see enclosed City boundary map. If you wish to consult with the City regarding potential cultural resources within the City, please contact me at 760-320-9040, or at the following address within 90 days of the date of this letter. Nicole Sauviat Criste Consulting Planner Palm Desert Planning Department 73-5 10 Fred Waring Drive Palm Desert, CA 92260 If you have any questions about either the Housing Element or the SB-18 process, please feel free to contact me. Sincerely, Nicole Sauviat Criste Consulting Planner cc: Ryan Stendell, Palm Desert City Planner/ �j mnmu rcnnerun CITY 01 P 0 1 M 0ESERt 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6rn FAX: 760 341-7098 info@palm-de erc.org Mr. Manuel Hamilton, Chairperson July 23, 2008 Ramona Band of Cahuilla Indians P.O. Box 391670 Anza, CA 92539 RE: City of Palm Desert General Plan Housing Element Update, Palm Desert, Riverside County, California Dear Mr. Hamilton: In conformance with Senate Bill 18 (SB-18), we are sending you this letter to offer a consultation to protect cultural resources that may occur within the City. Your name was provided to us by the Native American Heritage Commission when we enquired about Tribal contacts in the area of the City. The Palm Desert Housing Element addresses the housing characteristics and needs of the City, including, but not limited to, a description of existing housing types, condition of existing units, overcrowding, overpayment, homelessness, and the demand for affordable housing in the area. It also offers programs and recommendations for addressing housing needs within the City. Please see enclosed City boundary map. If you wish to consult with the City regarding potential cultural resources within the City, please contact me at 760-320-9040, or at the following address within 90 days of the date of this letter. Nicole Sauviat Criste Consulting Planner Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 If you have any questions about either the Housing Element or the SB-18 process, please feel free to contact me. Sincerely, v �af Nicole Sauviat Criste Consulting Planner cc: Ryan Stendell, Palm Desert City Planner GJ nmmmmmnrm, ' CITY Of P 0 1 M 91S1PI 73-510 FRED WARING DRIVE �w+3+ PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6ii FAX: 760 341-7098 info@palm-duert.org Mr. John Marcus, Chairman July 23, 2008 Santa Rosa Band of Mission Indians P.O. Box 609 Hemet, CA 92546 RE: City of Palm Desert General Plan Housing Element Update, Palm Desert, Riverside County, California Dear Mr. Marcus: In conformance with Senate Bill 18 (SB-18), we are sending you this letter to offer a consultation to protect cultural resources that may occur within the City. Your name was provided to us by the Native American Heritage Commission when we enquired about Tribal contacts in the area of the City. The Palm Desert Housing Element addresses the housing characteristics and needs of the City, including, but not limited to, a description of existing housing types, condition of existing units, overcrowding, overpayment, homelessness, and the demand for affordable housing in the area. It also offers programs and recommendations for addressing housing needs within the City. Please see enclosed City boundary map. If you wish to consult with the City regarding potential cultural resources within the City, please contact me at 760-320-9040, or at the following address within 90 days of the date of this letter. Nicole Sauviat Criste Consulting Planner Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 If you have any questions about either the Housing Element or the SB-18 process, please feel free to contact me. Sincerely, " �f EGG �bt�w�v`t;� �/zliP.r-ems Nicole Sauviat Criste Consulting Planner cc: Ryan Stendell, Palm Desert City Planner/ L�rmnomnemmrur CIIY 01 P H [ M OESERI 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o6ii FAx: 760 341-7098 info@ palm-deserr.org Mr. Raymond Torres, Chairperson July 23, 2008 Torres-Martinez Desert Cahuilla Indians P.O. Box 1160 Thermal, CA 92274 RE: City of Palm Desert General Plan Housing Element Update, Palm Desert, Riverside County, California Dear Mr. Torres: In conformance with Senate Bill 18 (SB-18), we are sending you this letter to offer a consultation to protect cultural resources that may occur within the City. Your name was provided to us by the Native American Heritage Commission when we enquired about Tribal contacts in the area of the City. The Palm Desert Housing Element addresses the housing characteristics and needs of the City, including, but not limited to, a description of existing housing types, condition of existing units, overcrowding, overpayment, homelessness, and the demand for affordable housing in the area. It also offers programs and recommendations for addressing housing needs within the City. Please see enclosed City boundary map. If you wish to consult with the City regarding potential cultural resources within the City, please contact me at 760-320-9040, or at the following address within 90 days of the date of this letter. Nicole Sauviat Criste Consulting Planner Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 If you have any questions about either the Housing Element or the SB-18 process, please feel free to contact me. Sincerely, Z ,av-" C% Nicole Sauviat Criste Consulting Planner cc: Ryan Stendell, Palm Desert City Planner/ ��nimo oummerun a/YabltOe4ed gsTq ^.O DINAR .�yF.p SHORE DR ?� MIFF City GER4LD FORD DR Limits �kT FR S �qTF FRANK SINATRA DR RANCHO MIRAGE o U C COUNTRYCLUB ORLLI O � C HOVLEYLNW m ¢ W J W V w Q HOVLEY LN E ! °a IALM �E 3 MAGNESIA FD ErS E•R TLu P Q C PARKVIEW DR j O C Z CALIFO ¢ O FRED WARING DR 3 eHAY�STA-CKR Ic O STATE HWY III MILES AVE az0 FAIRWAY DR, �� JI MESA VIEW OR INDIAN WELLS n° Z� .�.�•� �] � yam\ y y N i4 JULY20 8 'c z 7 3-5 10 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 TEL: 760 346—o61 I rnx: 760 340-0574 ciryhall@ci.palm-desm.ca.us OFFICE OF THE MAYOR July 28, 2008 Ilene Roisenthul 74075 Kokopelli Circle Palm Desert, California 92211 Dear Ms. Roisenthul: Subject: Draft Housing Element Thank you for your input regarding the proposed Housing Element update. Your insight on this matter will help the Council to come to an appropriate decision for the City of Palm Desert. State law requires that all cities in California provide levels of affordable and market rate housing within their jurisdictions. The City Council is working to balance the needs of the city and the requirement to provide for the state-mandated housing units. The City Council takes pride in its affordable housing. The Redevelopment Agency currently owns and operates more than 1,100 affordable housing units in the city, many of which are in very close proximity to each other. The City Council has no statistics that indicate that affordable housing increases crime. In fact, neighbors of many of the City's affordable housing units report that loitering, vandalism, and property crimes measurably decreased after the City acquired and renovated the property. The City Council sees affordable housing as meeting the needs of its community for many reasons, but primarily by providing homes for our educators, service workers and retail employees so that they can be close to their jobs and families. Also, in response to your statement that 98.5% of the city's affordable housing will be in the north sphere, I have enclosed a map showing the City's current inventory of affordable housing. As the map shows, the proposed units in the north would actually assist us with distributing units throughout the city, since the existing stock is currently fairly concentrated. There are several projects planned for future development south of Frank Sinatra and east of Cook Street. The development of vacant lands in the north sphere will take several years and will be planned and approved based on the city's need as well as the architectural and zoning standards, regardless of whether the projects are proposed as market rate, affordable, or a combination of both. When this item appears again on the City Council agenda, I invite you to attend the meeting, voice your concerns, and be part of the process. Si ce ely, J M. BENSO OR Enclosure Lily Of PHA UMET s Of P 9 sS. [ � ; k 73-510 FREO WARING DRIVE PALM DESERT, CALIFORNIA 9226o-2578 TEL: 760 346—o61 I FAX: 760 340-0574 ciryhall@ci.pal m-dcserc.ca.us OFFICE OF THE MAYOR July 28, 2008 Abdel R. Diaz 74077 Chinook Circle Palm Desert, California 92211-2076 Dear Abdel Diaz: Subject: Draft Housing Element Thank you for your input regarding the proposed Housing Element update. Your insight on this matter will help the Council to come to an appropriate decision for the City of Palm Desert. State law requires that all cities in California provide levels of affordable and market rate housing within their jurisdictions. The City Council is working to balance the needs of the city and the requirement to provide for the state-mandated housing units. The City Council takes pride in its affordable housing. The Redevelopment Agency currently owns and operates more than 1,100 affordable housing units in the city, many of which are in very close proximity to each other. The City Council has no statistics that indicate that affordable housing increases crime. In fact, neighbors of many of the City's affordable housing units report that loitering, vandalism, and property crimes measurably decreased after the City acquired and renovated the property. The City Council sees affordable housing as meeting the needs of its community for many reasons, but primarily by providing homes for our educators, service workers and retail employees so that they can be close to theirjobs and families. Also, in response to your statement that 98.5% of the city's affordable housing will be in the north sphere, I have enclosed a map showing the City's current inventory of affordable housing. As the map shows, the proposed units in the north would actually assist us with distributing units throughout the city, since the existing stock is currently fairly concentrated. There are several projects planned for future development south of Frank Sinatra and east of Cook Street. The development of vacant lands in the north sphere will take several years and will be planned and approved based on the city's need as well as the architectural and zoning standards, regardless of whether the projects are proposed as market rate, affordable, or a combination of both. When this item appears again on the City Council agenda, I invite you to attend the meeting, voice your concerns, and be part of the process. cerely, M. BEN N AYOR Enclosure CITY 0f P01IR 0 RI s r a 111, t Z � d • k� ,.. ate°%- 73-510 FRED WARING DRIVE PALM DESERT, CALIFORN IA 92260-2578 TEL: 760 346—o6I I FAX: 760 340-0574 ci yhall@ci.pal m-dcscri.ca.us OFFICE OF THE MAYOR July 28, 2008 Veronica Lopez 74-093 Petunia Place Palm Desert, California 92211 Dear Ms. Lopez: Subject: Draft Housing Element Thank you for your input regarding the proposed Housing Element update. Your insight on this matter will help the Council to come to an appropriate decision for the City of Palm Desert. State law requires that all cities in California provide levels of affordable and market rate housing within their jurisdictions. The City Council is working to balance the needs of the city and the requirement to provide for the state-mandated housing units. The City Council takes pride in its affordable housing. The Redevelopment Agency currently owns and operates more than 1,100 affordable housing units in the city, many of which are in very close proximity to each other. The City Council has no statistics that indicate that affordable housing increases crime. In fact, neighbors of many of the City's affordable housing units report that loitering, vandalism, and property crimes measurably decreased after the City acquired and renovated the property. The City Council sees affordable housing as meeting the needs of its community for many reasons, but primarily by providing homes for our educators, service workers and retail employees so that they can be close to their jobs and families. Also, in response to your statement that 98.5% of the city's affordable housing will be in the north sphere, I have enclosed a map showing the City's current inventory of affordable housing. As the map shows, the proposed units in the north would actually assist us with distributing units throughout the city, since the existing stock is currently fairly concentrated. There are several projects planned for future development south of Frank Sinatra and east of Cook Street. The development of vacant lands in the north sphere will take several years and will be planned and approved based on the city's need as well as the architectural and zoning standards, regardless of whether the projects are proposed as market rate, affordable, or 2 combination of both. When this item appears again on the City Council agenda, I invite you to attend the meeting, voice your concerns, and be part of the process. in erel� NM. BE ON N AYOR Enclosure CITY 0E P01M 0ESERf ¢p 6 [ - €' a r yE} ;r tM 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92 260-2 5 7 9 TEL: 760 346-061 I FAX: 760 340-0574 ci ryhnllOci,pal m-desert.ca.us OFFICE OF THE MAYOR -------_— — -- --- - July 28, 2008 Richard J. Rice, M.D. 74076 Chinook Circle Palm Desert, California 92211 Dear Dr. Rice: Subject: Draft Housing Element Thank you for your input regarding the proposed Housing Element update. Your insight on this matter will help the Council to come to an appropriate decision for the City of Palm Desert. State law requires that all cities in California provide levels of affordable and market rate housing within their jurisdictions. The City Council is working to balance the needs of the city and the requirement to provide for the state-mandated housing units. The City Council takes pride in its affordable housing. The Redevelopment Agency currently owns and operates more than 1,100 affordable housing units in the city, many of which are in very close proximity to each other. The City Council has no statistics that indicate that affordable housing increases crime. In fact, neighbors of many of the City's affordable housing units report that loitering, vandalism, and property crimes measurably decreased after the City acquired and renovated the property. The City Council sees affordable housing as meeting the needs of its community for many reasons, but primarily by providing homes for our educators, service workers and retail employees so that they can be close to their jobs and families. Also, in response to your statement that 98.5% of the city's affordable housing will be in the north sphere, I have enclosed a map showing the City's current inventory of affordable housing. As the map shows, the proposed units in the north would actually assist us with distributing units throughout the city, since the existing stock is currently fairly concentrated. There are several projects planned for future development south of Frank Sinatra and east of Cook Street. The development of vacant lands in the north sphere will take several years and will be planned and approved based on the city's need as well as the architectural and zoning standards, regardless of whether the projects are proposed as market rate, affordable, or a combination of both. vuan o.wnm,o you When this item appears again on the City Council agenda, I invite you to attend the meeting, voice your concerns, and be part of the process. ji nnc rely, M. BENS AYOR Enclosure CITY of PBIM WHI n 73-510 rRFD WARINO DRIVE PALM DFsERT, CALIFORN IA 92 260-2 5 7 8 TEL: 760 346—o6I i FAX: 760 340-0574 cityhal Oci.pal m-desercea.us OFFICE OF THE MAYOR July 28, 2008 James McDowell 74082 Chinook Circle Palm Desert, California 92211 Dear Mr. McDowell: Subject: Draft Housing Element Thank you for your input regarding the proposed Housing Element update. Your insight on this matter will help the Council to come to an appropriate decision for the City of Palm Desert. State law requires that all cities in California provide levels of affordable and market rate housing within their jurisdictions. The City Council is working to balance the needs of the city and the requirement to provide for the state-mandated housing units. The City Council takes pride in its affordable housing. The Redevelopment Agency currently owns and operates more than 1,100 affordable housing units in the city, many of which are in very close proximity to each other. The City Council has no statistics that indicate that affordable housing increases crime. In fact, neighbors of many of the City's affordable housing units report that loitering, vandalism, and property crimes measurably decreased after the City acquired and renovated the property. The City Council sees affordable housing as meeting the needs of its community for many reasons, but primarily by providing homes for our educators, service workers and retail employees so that they can be close to their jobs and families. Also, in response to your statement that 98.5% of the city's affordable housing will be in the north sphere, I have enclosed a map showing the City's current inventory of affordable housing. As the map shows, the proposed units in the north would actually assist us with distributing units throughout the city, since the existing stock is currently fairly concentrated. There are several projects planned for future development south of Frank Sinatra and east of Cook Street. The development of vacant lands in the north sphere will take several years and will be planned and approved based on the city's need as well as the architectural and zoning standards, regardless of whether the projects are proposed as market rate, affordable, or a combination of both. inn.....nue.,.o When this item appears again on the City Council agenda, I invite you to attend the meeting, voice your concerns, and be part of the process. Sincerely, ?Ne=SON MAYOR Enclosure CITY 0P P0IM 0 1 S I R I City of Palm Desert DINAH SHORE R 71 w Affordable Housing Units W a June,2OO8 GERALD FORD DR W Q 5 � A O '^ a u 4rF YY TO FRANK SINATRA DR FRANK SINATRA DR T 9 Oh w P µ z w COUNTRY CLUB DR COUNTRY CLUB OR f a o 0 HOVLEV LN W S y O Q J O a U O U O w u HOVLEV LN E of '^ w aO N NOVLEV LN E z Q O z s N E IA FA L S DR y J 3 4Fwbanw�l Y y, ICJ O O PARK VIEW DR w a O i < O U CALIFORNIPP 3 w g z u zO a u FRED WARING D FR D WAR°IN DR 0 a wD STATE HWY 111 PASEO °w^' *MOUNTAI O O i I AV D S W GRAPEVINE S O HAYSTACK RO MESA VIEW DR PO0.TOVPP e AFFORDABLE HOUSING UNITS w PUENCYN$$ISTEO Z' DE LOPERPRWDED hW hQ N y 1 vma r.x RECEIVED CITY CLERK'S OFFICE PALM DESERT, CA July 15, 2008 MO JUL 16 PM 2: 43 Jean Benson, Mayor City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Re: Affordable Housing Dear Mayor Benson, I am writing to e you to let you know that I am deeply concerned about the Affordable Housing in the city of Palm Desert, as per the Desert Sun. I feel this proposal to be unfair and insulting to the residents of north Palm Desert. My reasons for concern are based on current crime reports, which we get first hand. My husband, Saul Roisentut is the Captain of the Palm Desert COPS program. He and twenty two (22) of his volunteers patrol the Palm Desert area and feel safe when we see them patrolling around. In fact, Saul saw a suspicious car parked on one of the streets. When they saw the COPS car patrolling around, they took off. Saul hasn't seen them again. That's the point and we all hope you consider how we, the home owners feel about low income housing coming in our area and creating unwanted crimes, like we've been hearing and reading about in the papers and on TV. Something none of us want. We, the neighbors, would greatly appreciate you addressing our concerns and have�t br ought to the City Council for discussion. Thanking you in advance for your kind understanding in this matter. Sincerely, Ilene Roisentul Z&ft---- Kokop Palm Desert, A Circle �2 4 t Palm Desert, CA 92211 Michelson, Wilma From: Moore, Janet Sent: Tuesday, July 15, 2008 10:14 AM To: Michelson, Wilma Subject: Housing Numbers Wilm��� 1 y ooking for the number of housing units that we currently have on the north side ofJean �z wa 111 in response to a letter she received. Here is the information she requested. All the following Units are located between Highway 111 and Country Club Drive, and Town Center Way and Cook Street: Multi-family Units: 590 Senior Units: 264 For Sale Units: 298 Projects by developers: 234 Tota l 1,386 We also have 301 units that are outside these boundaries and 118 units that are approved but not constructed yet. If she needs any additional information, please do not hesitate to let me know. Janet Moore 01 , , , . ,- Director of Housing O U•w✓� 77 Ext.327 S � CITY �Lca+ :pOrd�E July 10, 200g ?0p JUL 16 PO 2* 43 Abae R.n 7d0n CMmoh C1'. palm @sari CA 92211-2076 Jean Benson,Mayor City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Re: Affordable Housing _. Dear Mayor Benson; As a concerned Citizen of north Palm Desert, I am writing to you to let you know that I am deeply concerned of the proposal to allocate 98.5% of Affordable Housing in the city of Palm Desert to the north area. The proposal is ridiculous, outrageous, unjustified, corrupt, unfair, and insulting to the residents of north Palm Desert. My reasons for concern are based on current crime reports in the Coachella Valley. In every city in the Coachella Valley where there is a high concentration of low income housing there is a degree of high crime. If you are planning to add 2670 Affordable Housing in north Palm Desert, as per the Desert Sun, it is going to create gang activity, violent crimes, graffiti, slum districts, and unsafe conditions on our streets and around our shopping centers. I do not object to Affordable Housing, but I do object to your plans to concentrate it in a single locality in the city. It has been noted there are no plans to build said housing south of Frank Sinatra and east of Cook Street. I am sure there are scattered properties elsewhere in the city that could be accommodated to Affordable Housing. It is incumbent upon you to be impartial in this matter and to look at other available options to meet the criteria for housing developments for the under privileged residents. I would like to thank you for addressing my concerns, and I am asking that they be brought before the City Council for discussion. These are very important and vital issues that will have,a reflection on the City of Palm Desert for years to come. And finally, I respect your positions, but I feel fairness should prevail for the benefit of 0 concerned residents. I � i !m Palm Desert Sun Thursday,July 10,2006 I Affordable housing contentious Deadline passes Proposed 2008 Housing Element The city needs to plan about 2,700 affordable housing units.A recent plan calls with no decision for placing those medium and high density units in the city's north d. en by on General Plan _..._ Planned affordable housing locations By Gina Tenario ��rs ' r ar A 280 units F 250 units j k gina.tenodo@palmdeserlsun.com �G. •,$M �'• 's l 111 300 units G 200 units DmahShole=brrar 62 220 units N 225 units i A housing plan proposing scv- C 200 oohs I 103 units eral thousand affordable housing �ur� a D 192 anits J. 195 ands units primarily in the north end &' g� E 505 units S of Palm Desert was met with '�", ,�' + <; strong resistance during a study :3 r �" �,� � ,.. session between the City Coun- GeLaldiFonfD $t .,. . .,,,, ..t ..tMM j �' cil and Palm Desert Planning . 'ii"7 a' '�'a�`. ,t, 'sr,' I •rx '-'*� r Commission members. fR i� uo t The group met July 3 to dis- cuss the General Plan 2008 Housing Element update put to- IM gether by city staff and consult- ing firm Terra Nova Planning .E2nk�6(>ha 8• „� 1 "�g�k and Research Inc. The state's Department of ., ��6a[tq-' :u� Y� -�: < At Housing and Community De- velopment requires cities to form PALM OHSBRT SUN plans for housing goals,policies - JL and programs. Cities also must "They only want to know that it's mathematically possible." sept tell the state what vacant parcels _ in their limits are available for a Councilman Jim Ferguson Rewc minimum number of affordable housing units. from developers with highdensity, Thursday's meeting was a re- Palm Desert must accommo- projects council members disap- quest that staff review the cur- a date 2,711 affordable housing proves of normally. rent criteria outlined in Palm parcels.Most were mapped out Staff advised that the council Desert's general plan to make for the north end of the city, would still have discretion over sure the city does indeed have That did not sit well with some what projects were approved. the authority to veto high- members of the council,inelud- And while the city is legally re- density projects. ing Councilwoman Cindy Fin- quired to create a plan,it only Ongoing discussions have de- city. She favors low-density needs to show that it is possible layed the city in submitting plan ' housing for that area. to build those units,city officials to the state. "I just think it's irresponsible," said. Palm Desert missed a June 30 Finerty told the group."Espe- "They only want to know that deadline.But"we are not the SM' cially since we have a water it's mathematically.possible," only ones,"said Lauri Aylaian { shortage," Councilman Jim Ferguson told director of community services- ' She feared the plan would make Fmerty• The city will face no cone- c Ot 11 it difficult to rum down projects The only action taken during quences because of it. f ( i {@{ � , .':PLASSICART15Ij[YEORhUGICALENPIRONAfE(�fi CITY CLERR'S OFFICE PALM DESERT. CA July 10, 2008 7008 JUL 16 PM 2: 43 v'21o+�1Cc� LO•�se'z— `tu-o�3 Jean Benson, Mayor `PCGa" p ��i�. CA2.; l City of Palm Desert 73510 Fred Waring Drive Palm Desert, CA 92260 Re: Affordable Housing Dear Mayor Benson; As a concerned Citizen of north Palm Desert, I am writing to you to let you know that I am deeply concerned of the proposal to allocate 98.5% of Affordable Housing in the city of Palm Desert to the north area. The proposal is ridiculous, outrageous, unjustified, corrupt, unfair, and insulting to the residents of north Palm Desert. My reasons for concern are based on current crime reports in the Coachella Valley. In every city in the Coachella Valley where there is a high concentration of low income housing there is a degree of high crime. If you are planning to add 2670 Affordable Housing in north Palm Desert, as per the Desert Sun, it is going to create gang activity, violent crimes, graffiti, slum districts, and unsafe conditions on our streets and around our shopping centers. I do not object to Affordable Housing, but I do object to your plans to concentrate it in a single locality in the city. It has been noted there are no plans to build said housing south of Frank Sinatra and east of Cook Street. I am sure there are scattered properties elsewhere in the city that could be accommodated to Affordable Housing. It is incumbent upon you to be impartial in this matter and to look at other available options to meet the criteria for housing developments for the under privileged residents. I would like to thank you for addressing my concerns, and I am asking that they be brought before the City Council for discussion. These are very important and vital issues that will have a reflection on the City of Palm Desert for years to come. And finally, I respect your positions, but I feel fairness should prevail for the benefit of ail concerned residents. Ci.rurnit JJA.,OAA l WE. 17-1 i m Palm Desert Sun I Thursday,July 10,2008 Affordable housing contentious l 1 Deadline passes Proposed 2008 Housing Element with no decision The city needs to plan about 2,700 affordable housing units.A recent plan calls for placing those medlum and high-density units In the chys north end. 6� on General Plan planned affordable housing locations Ib By Gina Tenorio 4 " A 2B0 units F 250 units i i ginalenono0palmdesertsun.00m a`tifu�p� F `* ^ Bi 300 units G 200 units u a Dinah Shore Df� k B2 220 units H 225 units., A housing plan proposing sev- s b °I C 200 units 1 103 units ' L eral thousand affordable housing D 192 units J 195 units units primarily in the north end 505 unit ' of Palm Desert was met with '�`� � J+ ' -air ,,�. , +�1� t;< ,�� ,sfa�. ..•� strong resistance during a study v'� r << M� r SF'ia , tic 65 y . 'N3yf4 r' & session between the City Covn- g Gera� *c �$ ;LE?kw rsr, cil and Palm Desert Planning Commission members. �1-x a s The group met July 3 to dis- �� 'v' r,,: cuss the General Plan 2008 Housing Element update put m- ' gather by city staff and consult- ing turn Terra Nova Planning and Research Inc. a'"� -fi '- n- ��,, ' '•--*r.�.r�e p - 3�vaErri � ,�� w Ar The states Department ity of Comm OESEA Housing and Community De- velopment requires cities to form run oaten,•SUN plans for housing goals,policies .. ✓z and programs.Cities also must "They only want to know that it's mathematically possible." Sep'J tell the state what vacant parcels re in their limits a available for a - Councilman Jim Ferguson Rewa minimum number of affordable housing units. - from developers with high-density Thursday's meeting was a re- Palm Desert must eccommo- projects council members disap- quest that staff review the cur- date 2,711 affordable housing proves of normally. rent criteria outlined in Palm parcels.Most were mapped out Staff advised that the council Deseres general plan to make for the'north end of the would still have discretion over sure cuy the city does indeed have . That did not sit we with somewho t Protects were approved. the authorityto veto high- members of the council includ- And white the city is le re- density ro legally ty projects. cis. ing Councilwoman Cindy Fin- quued to create a plan,it only Ongoing discussions have de- erry.She favors low-densityneeds to show that it is possible I a ed the d 'P Y ry m submitting plan housing for that area. to build those units,city officials to the state. I "I just think it's irresponsible," said. Palm Desert missed a June 30 S ' Finerty told the group."Espe- "They only want to know that deadline.But"we are not the I cially since we have a water it's mathematically possible," only ones,"said Iauri Aylaian shortage." Councilman Jim Ferguson told director of community services. '/'rO1 llllll She feared the plan would make Fmerty. The city will face no copse- CIO) it difficult to turn down projects The only action taken dining -quences because of it. Tf it + p,! :CLq$S(CMTlSTRYFOR M.1G(r..PNYlRONM6A f RICIIARD J. RICE, M.D. 74076 Chinook Circle Palm Desert, CA 92211 u-1 G 7J r, July 12,2008 cn u s` a --4 o r Jean Benson,Mayor City of Palm Desert k rrn 73510 Fred Waring Drive Pahn Desert, CA 92260 Re: Affordable Housing Dear Mayor Benson: I am,as I believe you can tell by my address,a resident of north Palm Desert. My wife and I have lived here for over three years now,and after more than 50 years in Santa Monica we love it here. If the report in the Desert Sun of Thursday, July 10,2008,is accurate, 2,670 Of the 2,711 affordable housing units will be north of Frank Sinatra Drive, between Monterey Avenue and Cook Street. This figure represents 98.5%of the total of 2,711 Palm Desert affordable housing units to be located north of Frank Sinatra Drive. Unfortunately, in our era of greatly increased criminal gang activity in areas such as this,I'm sure that you can understand the degree of great concern that my wife and I now have. The fact that the Palm Desert police department will eventually be moving to our nearby area will be of absolutely no help in the violent crime and grafitti that will soon be upon us, if the intensity of low-income affordable housing is imposed on us in such great numbers. I have several questions to ask of you. According to the Desert Sun of the 2,711 affordable housing units that Palm Desert is expected to have,2,670 will be placed north of Frank Sinatra Drive, between Monterey Avenue and Cook Street,just south of I-10. Where will the other 4.1 affordable housing units be located? How many of the city council members have private homes south of Frank Sinatra Drive? How many are located north of Frank Sinatra Drive,between Monterey Avenue and Cook Street? I assume that all members of the city council are required to live in Palm Desert. As I believe you can tell,I am greatly concerned that we may be having a strong NIMBY effect here. Certainly,the north Palm Desert area is a logical one for a significant number of these homes, perhaps even a majority of these units. But 98.5%? The "Desert Sun"states that,although the city is legally required to create a plan to show where all of the affordable units will be placed,"it only needs to show that it is possible to build those units,city officials said." Councilman Jim Ferguson's statement that"(t)hey only want to know that it's mathematically possible,"is so disingenuous as to be absurd. You know that these facilities will eventually be built. Please let me know when this affordable housing project will next be considered by the city council,so that my wife and I will be able to attend. Thank you. Sincerely, Richard J. Rice, M.D. cc: Councilwoman Cindy Finerty l July 10, 2008 o _ . Jean Benson, Mayor ,> City of Palm Desert �_O X 73510 Fred Waring Drive Palm Desert, CA 92260 pv`rn Re: Affordable Housing N N An Dear Mayor Benson; ca m As a concerned Citizen of north Palm Desert, I am writing to you to let you know that I am deeply concerned of the proposal to allocate 98.5%of Affordable Housing in the city of Palm Desert to the north area. The proposal is ridiculous, outrageous, unjustified, corrupt,unfair, and insulting to the residents of north Palm Desert. My reasons for concern are based on current crime reports in the Coachella Valley. In every city in the Coachella Valley where there is a high concentration of low income housing there is a degree of high crime. If you are planning to add 2670 Affordable Housing in north Palm Desert, as per the Desert Sun, it is going to create gang activity, violent crimes, graffiti, slum districts, and unsafe conditions on our streets and around our shopping centers. I do.not object to Affordable Housing, but I do object to your plans to concentrate it in a single locality in the city. It has been noted there are no plans to build said housing south of Frank Sinatra and east of Cook Street. I am sure there are scattered properties elsewhere in the city that could be accommodated to Affordable Housing. It is incumbent upon you to be impartial in this matter and to look at other available options to meet the criteria for housing developments for the under privileged residents. I would like to thank you for addressing my concerns, and I am asking that they be brought before the City Council for discussion. These are very important and vital issues that will have a reflection on the City of Palm Desert for years to come. And finally, I respect your positions, but I feel fairness should prevail for the benefit of all concerned residents. Sincerely, mes McDow/ e►1 74082 Chinook Circle Palm Desert;,CA 92211 `AGUA CALIENTE BAND OF CAHUILLA INDIANS TRIBAL HISTORIC PRESERVATION September 16, 2008 RECEIVED 1 f 2008 Nicole Criste Consulting Planner :Oxasi;':: Dt-LL0?"_%-DZ?ARTMEAT City of Palm Desert CIT:Or PALM DESERT 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: General Plan Housing Plan Element, Palm Desert, Riverside County, CA. Dear Ms. Criste: The Agua Caliente Band of Cahuilla Indians appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in your project. The project referenced above is not within Reservation boundaries however, it is on lands included within the Tribal Traditional Use Area. We currently have no concerns with the project as planned. However, if during the course of the project, human remains are discovered, all activities near the burial must cease, and the remains must be protected from further impact. If the remains are determined to be Native American, please contact the THPO for further consultation. Again, the Agua Caliente Tribe appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760) 699-6907. You may also email me at ptuck aguacaliente.net. Cordially, Patricia Tuck, Interim THPO Tribal Historic Preservation Office AGUA CALIENTE BAND OF CAHUILLA INDIANS c: Agua Caliente Cultural Register X:1ConsuR Cortespondenoe\2008\ExtemoRTradRonal Use ArealPalmDeserLS618_GPHousingElemenl 09 16 08.doc 5401 DINAH SHORE DRIVE, PALM SPRINGS, CA 92264 T 760/699/6800 F 760/699/6924 WWW.AGUACALIENTE-NSN.GOV CITY Qf PflLM DESERT 7 3-5 10 PRED WARrrrc DRrvE PArra DESERT, CAUFDRNEA 92260-2578 TED 76o 346—o6rr FAY:760 341-7098 info@gtmduut.otg 24-07-0 BP03 :44 RCVD Mr.Richard Milanovich Chairperson July2008 Agua Caliente Band of Cahuilla Indians 5401 Dinah Shore Drive Palm Springs,CA 92262 RE: City of Palm Desert General Plan Housing Element Update,Palm Desert, Riverside County;California Dear Mr. Milanovich: In conformance with Senate Bill 18 (SB-18), we are sending you this letter to offer a consultation to protect cultural resources that may occur within the City. Your name was provided to us by the Native American Heritage Commission when we enquired about Tribal contacts in the area of the City. The Palm Desert Housing Element addresses the housing characteristics and needs of the City, including, but not limited to, a description of existing housing types, condition of existing units, overcrowding,overpayment,homelessness, and the demand for affordable housing in the area It also offers,programs and recommendations for addressing housing needs within the City. Please see enclosed City boundary map. If you wish to consult with the City regarding potential cultural resources within the City, please contact me at 760-320-9040,or at the following address within 90 days of the date of this letter. Nicole Sauviat Criste Consulting Planner Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 If you have any questions about either the Housing Element or the SB-18 process, please feel free to contact me. Sincerely, D, Nicole Sauviat Criste Consulting,Planner cc: Ryan Stendell,Palm Desert City Planner ,fAZGUA CALIENTE BAND OF CAHUILLA INDIAV TRIBAL HI STORIC PRESERVATION September 16, 2008 1 A1 y ti Nicole Criste Consulting Planner City of Palm Desert I:,;r I,r?'L';Irsck 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: General Plan Housing Plan ELement, Palm Desert, Riverside County, CA. Dear Ms. Criste: The Agua Caliente Band of Cahuilla Indians appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in your project. The project referenced above is not within Reservation boundaries however, it is on lands included within the Tribal Traditional Use Area. We currently have no concerns with the project as planned. However, if during the course of the project, human remains are discovered, all activities near the burial must cease, and the remains must be protected from further impact. If the remains are determined to be Native American, please contact the THPO for further consultation. Again, the Agua Caliente Tribe appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760) 699-6907. You may also email me at ptuck0i)aguacaliente net. Cordially, TL— I V� Patricia Tuck, Interim THPO Tribal Historic Preservation Office AGUA CALIENTE BAND OF CAHUILLA INDIANS c: Agua Caliente Cultural Register X:\Consult Correspondence\2008\External\Traditonal Use Area\Palm Desert_SB18_GPHousingElement 09_16_08.doc 5 4 0 1 DINAH SHORE DRIVE, PALM SPRINGS, CA 92264 T 760/699/6800 F 760/699/6924 WWW.AGUACALI ENTE-NSN .GOV L --- CITY of PRIM IIHERT 73-510 FRED WARMG DRrvE Aunt DESERT, CALIFORNIA 92260-2578 TR:760 346—o6n pnx: 760 341-7098 ink@palm.dcscn.oig 24-07-08PO3 :44 RCVO c arc L Mr. Richard Milanovich Chairperson July,23D2008 Agua Caliente Band of Cahuilla Indians 5401 Dinah Shore Drive Palm Springs, CA 92262 RE: City of Palm Desert General Plan housing Element Update,Palm Desert, Riverside County;California Dear Mr. Milanovich: In conformance with Senate Bill 18 (SB-18), we are sending you this letter to offer a consultation to protect cultural resources that may occur within the City. Your name was provided to us by the Native American Heritage Commission when we enquired about Tribal contacts in the area of the City. The Palm Desert Housing Element addresses the housing characteristics and needs of the City, including, but not limited to, a description of existing housing types, condition of existing units, overcrowding, overpayment,homelessness, and the demand for affordable housing in the area It also offers.programs and recommendations for adch)essing housing needs within the City. Please see enclosed City boundary map. If you wish to consult with the City regarding potential cultural resources within the City, please contact me at 760-320-9040,or at the following address within 90 days of the date of this letter. Nicole Sauviat Criste Consulting Planner Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 If you have any questions about either the Housing Element or the SB-18 process,please feel free to contact me. Sincerely, C—/�Gw� XJG(.000c(� �J/tia� Nicole Sauviat Criste Consulting,Planner cc: Ryan Stendell,Palm Desert City Planner per.®.... CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT DISCUSSION OF: Housing Element Update as required by the State of California SUBMITTED BY: Ryan Stendell Associate Planner DATE: February 19, 2008 I. BACKGROUND: At its meeting of November 8, 2007 the City Council authorized a contract with Terra Nova Planning and Research for the update of the Housing Element as required by State law. The contract has been executed and staff is working with the consultants to gather data needed for the update. II. DISCUSSION: State law requires a certain level of public involvement by both housing professionals/stakeholders and the general public of the City. Staff has identified two public meetings for information gathering to be held later this month. Thursday February 21, 2008, staff will be hosting a public meeting for all stakeholders in the housing arena including, fair housing groups, builders/developers, social services providers and local employment development departments. Following the stakeholders meeting staff has prepared a public neighborhood meeting to discuss what the general public would like to see incorporated into the Housing Element. This meeting has been scheduled for Wednesday, February 27t", 2008 at 5:30 pm. Staff Report February 19, 2008 Page 2 of 2 Upon completion of the public comment phase of the update, staff and the consultants will analyze the data and prepare a draft for review by the State Department of Housing and Community Development(HCD). HCD has initiated several new laws for this planning period that could possibly require the re- zoning of properties within the City for higher densities than previously allowed. The consultants have not yet identified the extent of re-zoning that may be required as a part of this update. Submitted By: Department Head: v�y/ l- Ryan Stendell Lauri Aylaian Associate Planner Director of Community Development Z :/A Homer Croy ACM, Devetprfient Services GAPlannmg\Ryan StwdelINWoro DataVHousing_Elemem CC-into_tlam.DGC .f CITY F PALM DESERT C O DEPARTMENT OF COMMUNITY SERVICES/CITY CLERK INTEROFFICE MEMORANDUM To: GARY ROSENBLUM, RISK MANAGER From: RACHELLE D. KLASSEN, CITY CLERK Date: December 3, 2007 Subject: Contract No. C27150 - Updating the Housing Element of the C s General P 4 q itw Plan as Required by the State of California The Palm Desert City Council authorized the subject contract at its regular meeting of November 8, 2007. Contractor: Terra Nova Planning & Research, Inc. Palm Springs, California Attached are copies of the Certificate of Insurance for your review. Upon your approval, we will advise the Project Manager. Please let me know if you have any questions. RACHELLE D. KLASSEN, CIVIC CITY CLERK RDK:rg Attachment (as noted) cc: Ryan Stendell,Associate Planner GAMYCLRKIROSIE GRIFFRRMEMOSICERTIFICAYE OF INSURANCE RISK MANAGERAOC Nov 16 07 04: 44p G Stettler State Farm 760-770-9282 p. 1 STATE ceam CERTIFICATE OF INSURANCE This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois I ® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois Mra^"4 ❑ STATE FARM FIRE AND CASUALTY COMPANY,Scarborough,Ontario ❑ STATE FARM FLORIDA INSURANCE COMPANY,Winter Haven,Florida ❑ STATE FARM LLOYDS, Dallas,Texas Insures the fallowing policyholder for the coverages indicated below: Policyholder TERRA NOVA PLANNING AND RESEARCH, INC. Address Of policyholder 400 S FARRELL DRIVE, SUITE B-205, PALM SPRINGS, CA 92262 Location of operations SAME Description of operations PLANNING & RESEARCH The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms,exclusions,and conditions of those policies.The limits of liability shown may have been reduced by any paid claims. POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date Expiradon Data (at beginning of policy period) Comprehensive BODILY INJURY AND Business Liability PROPERTY DAMAGE This insurance includes: ❑Products-Completed Operatic,ns ❑Contractual Liability Each Occurrence $ ❑ Personal Injury ❑Advertising injury General Aggregate $ ®AUTO LIABILITY INCLUDES ANY OWNED,HIRED, ❑ SCHEDULED OR NON-OWNED AUTOS Products-Completed $ ❑ Operations Aggregate POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date ; Expiration Date (Combined Single Limit) ❑Umbrella Each Occurrence $ ❑Other Aggregate $ POUCY1PERIOD Part I-Workers Compensation - Statutory Effective Date i Expiration Date Workers'Compensation Pan 11-Employers Liability and Employers Liability Each Accident $ Disease-Each Employee $ Disease-Policy Limit $ POLICY PERIOD LIMITS OF LIABILITY POUCY NUMBER TYPE OF INSURANCE Effective Date ; Expiration Date (at beginning of policy period) V85 4187-A13-55J AUTOMOBILE 09/15/07 09/15/08 $1 MILLION COMBINED SINGLE LIMIT V80 5327-C15-55I AUTOMOBILE 09/15/07 09/15/08 $1 MILLION COMBINED SINGLE LIMIT THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS,EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. Name and Address of Certificate Holder If any of the described policies are canceled before their expiration date,State Farm will try to mail a written notice to the certificate holder 30 days before RACHELLE KLASSEN, CITY CLEAR 019eellation.If however, yye fail to mail such notice, CITY OF PALM DESERT nd IlgatlOO Or liability I b mposed on StatB 73-510 FRED WARIER DRIVE Sit agents �,p .ntati PALM DESERT, CA 92260 ignature of Author' ed Representative AGENT/OWNER 11/16/07 Trite Date GEORGE STETTLER Agent Name Telephone Number 760-770-0700 Agent's Code Stamp Agent Code 55-8863 AFO Code F422 55&994 a.5 Rev.tt-09.2004 Printed in U.SA. t NOV-19-2007(MON) 11 : 42 P. 001/001 Ap-o Q C�RTIFICt _ OF UABILI`IY IIdSURAN`.._ OP ID e•imm mi1 lws of PRODUCER - TH15 caws ICATEIS ISlUED AS A MATTER OF INFORMATION Srikks-Schafaitz Ins. Brokers ONLY AND CONFER8 NO RIGHTS UPON THE CERTIFICATE Liaewse 40428913 HOLDER.THIS CERTIFICATE DOES NOTAMSND,EXTEND OR 28202 Cabot Read, Suite 500 ALTER THE COVERAGE AFFORDED aY THE POLHNM EBLOW. LagtmR Niguel CA 92677-1251 Phcne:949-365-5100 PTML:949-365-5161 INSURERS AFFORDING COVERAGE NAIC0 Dumb INSURERk W. k A Le LA. INSLFER I: Tpppmaovs PlanttjAggA ReaearCh NSURLI C. Pala SPr1IIge ra 91262 8-295 m6uRERP MBWER L• COVERAGES THE PDUGES OF OaLww4E LISTED S&.OW HAVC BEEN HUED TO TNC OaURED HPm4O AS=FOR THE POLICY PERIOD NOICATCO.NOTWTHSTANDINO ANY REOUBLEMENT,TERM OR CONPRION OF ANY CONTRACT OR OTHER DOCUMENT WTN N6SPCCT TO WHICH THIS CCRTIMCATE MY RE ISSUED OR MAY PERTAIN,TNC VICURANCEAFFOR000 EY THE POLICIES DESCRIED HCREW 10 SUSUE+^ TO ALL THE TERMS,EXCLUSIONS AM OONOITIONS OF SUCH POLICIES.ADORCOATE LIMITS 8140A6I MAY HAVE ICON REOUMO BY PYO CLANS, LTR TYPe NMLCYNUSIBBR O.T!Mrus w 1 U NIS 0eI4RALLIABNM eACHOOCUNRENCE S TCOMMERCK GENERAL LIABILITYE"oePlwla S CLAIMB NAOE OCCUR MEO9XP(ArrFm WNfl1 $ PCRSONAL1,ADVINJURY S OEHEMLAWCCATE S MIL AGGREGATE UMIT APPLIES PM PAOaICTB•oOMVA'W AGG S POLICY R LDC AVTOMOIMI/W (DIME DBNWOLE UAIT NY S AALTTO v ALLOWNECAUTOS DOCILYNRNY 8 RNPpw.onl BCIIEDIALD AVT08 . HIREDAUT08 DOWLYf I ORY 3 NOH-0wW-CAUTO5 f OARA08lLRlT AUTO ONLY-UACOOENT S p�{�R UACL S ANY AUTO AUTO&r AOG t BMCBBWIABMLLA LJAORITY CAW oCCURReHEE S OCCUR �CLAIMS MAD' ACOIIEOATE S S s OCOUCTOLE ' RETENTION .S S . NORRlIn COMETHBAYW AND EMPLOTERPUAeLITY E.L EACH ACCIDENT S ANY PROFRILTORTARTNCRI[MECUTwe OFF�LIM, PAIEMBER LVMDCW ELOGIZASE-EAEMPLOY¢ S _... E�YO OVI ON9 P.H. E.L DISEASE-POLICY LIMIT S OTHER A Prof. Liability IM0827S 11/05/07 11/05/09 Per Clain $1,000,000 Agg"Sets 62,000,000 mIRVTiDNPrOPEPA,nu"#LCWAUMIVWMMICXCtWOiCMWMBTC Evidence of IAausaAaa CERTIFICATE HOLDER CANCELLATION CTIPALD SMI pAMT OROIABOVIO{BDRaEDPOLRE9 BE OANCIL"M DEPM THE BSPRAnaI City of Pipe Desert 1)LTRrARCDF.TMZISWNSNMMW"WdDUVORTOMAM1 30 DAYS LTLBTTTN ATTN: Rioballe D. Saieson, MOTICCTO THE C1XTVCATC 10600 MAMEa TOMM YPT,BUTSAURa WOO"SMALL a Clerk rAPMMDDexA ORLWKMOPANYnAIIr TMMRWI.m AMMUR 77351b eFred Waring Drive � ACORD 25 PDOU01) O ACORD CORPORATION 1E08 CERTHOLDER COPY SK STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 11-16-2007 GROUP: 000562 POLICY NUMBER: 0001161-2007 CERTIFICATE ID: 40 CERTIFICATE EXPIRES: 09-01-2008 09-01-2007/09-01-2008 CITY OF PALM DESERT SK ATTN: RACHELLE KLASSENOCITY CLERK 73510 FRED WARING OR PALM DESERT CA 92260-2524 This is to certify that we have issued a valid Workers' Compensation Insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of Insurance is not an Insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. 4 �..Q., tllnlZ�ElREPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: S1.000.000 PER OCCURRENCE. - ENDORSEMENT 81600 - JOHN D. CRISTE.PRES,SEC, TREASURER - EXCLUDED. ENDORSEMENT 81800 - NICOLE S. CRISTE, VICE PRESIDENT - EXCLUDED. ENDORSEMENT k2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ea -71s0 EMPLOYER TERRA NOVA PLANNING & RESEARCH,INC. 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N A -xi D O v J m 2 # IL C A A am 3 0 ou0°im G� C' a v O0O fyCD a O m C N N � o O 7 > > m 3 7 (D IO O y O N f0 tG (D Q 7 S`�c "f 'O O n CD N -1 fl1 Z .� ° I' ocyi� � dm a0 Df A ' 0 tVp NN W Ch _ N W_ T m —3 3 < ."0 OR N C 3 0) IUD O Ln OVi W cc m (D W y �� mp am � D mcno0 3a (A N ry CD Z x m p a cD x --g' s cs 9 CD m to N N A Oa N m V W co O fp N V o. cn q �O (D m W co mcWo W y bgl 6At, r buz6V uo aatf p fijunoo apisdaazy sb 20 6u16V uo paunoD FidoszapV Juno j apzsdolaig j sw : oda� .-tzo�aTNI ar �g: : S ZPI4 TUYLUO� K ;, pug v w , .H 11D.uno ¢. . PV uisnoH au� V r. To learn more about the Riverside County Office on Aging, please call: 1(800) 510-2020 or (951) B67-3800 or visit our web Site: www.rcaging.org Funding for this report was provided by the Office on Aging through the Older Americans Act. BLUE RIBBON HOUSING REPORT — June 2006 TABLE OF CONTENTS I. Summary of Highlights 2 II. Introduction 2 III. Forum Participants 3 IV. Background Information 4 V. Barriers 5 VI. Advocacy, Coordination and Education Recommendations 7 VII. Follow-Up Plans 10 VIII. Resources 11 IX. List of Participants 12 X. Appendix - Best Practices 15 A. City of Long Beach 15 B. City of Riverside 15 C. City of Moreno Valley 16 D. City of Palm Springs 16 E. City of Hemet 16 F. City of Temecula 17 G. Cathedral City 17 Page 18 This project houses 75 apartments for low-income seniors. Mercy Housing has worked with the Cathedral City Redevelopment Agency for almost seven years to plan and raise funds for the$11 million project. Tierra Del Sol will be its first development in the Coachella Valley. The funding for construction came from the U.S. Department of Housing and Urban Development, Cathedral City Redevelopment Agency, Riverside County and the Federal Home Loan Bank of San Francisco. Tierra Del Sol residents will be able to rent a one-bedroom apartment for no more than 30% of their monthly income. The complex will be managed by Mercy Services California, an affiliate of the national Mercy Housing. 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It encouraged many creative options for senior housing from building complexes on unused parking lot space in strip malls to transportation sharing. Key elements to senior housing were identified through the discussion with a focus on the needs of clients such as affordability, accessibility, availability, and location. In addition, it was determined that social interaction must be an aspect of any development as it is an integral part of the quality of life which should be considered when building senior housing. We must consider not only the physical well-being, but also the emotional, social, and psychological well-being of individuals. These elements are complex, but ultimately lead to an enhanced quality of life for the older adults in our communities. One model of senior housing does not exist, as no single model is right for every individual. Senior housing can be any number of arrangements in which seniors live as they age. These vary from assisted living, to aging in place, to an elder fraternity approach in which several seniors live in one home and pool their resources. In addition, affordability has different meanings for people in different circumstances. Some define affordability as the ability to purchase a house while others look at affordability in terms of rent. In either case, affordability has become unattainable for many seniors in this country due to rising house prices. Diversity exists among older adults in general as well as in their requirements for housing. Because of this, each proposed development should look to the interests of a diverse population offering standard amenities but allowing for the flexibility of consumer choice. Currently, cost is a major factor in the availability of senior housing. Complexes are expensive to build and often expensive for the consumers as well. Unfortunately, this lack of affordability has drawn us into the problems we are facing today with a booming senior population and not enough affordable housing to meet their needs. There are real, humanitarian consequences to not having affordable senior housing which will likely increase without an honest look at the barriers and the solutions to the issues. This forum and following summary is the first step in the process to improve the housing situation for seniors and adults with disabilities in Riverside County. For your information, a list of several housing Best Practices have been included in this report (refer to the Appendix, beginning on page IS). III. FORUM PARTICIPANTS Because of the specialized nature of the subject matter, participants were selected based upon unique criteria and key positions in terms of influencing the development or improvement of senior housing in their communities. Participants included county planners, city planners, elected officials, for-profit housing developers, non-profit housing Page 3 Page 16 7. Take a competitive approach —partner to find oppoltunlNes. 8. Maximize existing housing stock. 9. Reverse sprawl—mixed use zoning,pedestrian friendly. 10. Recommend universal design components in all new developments C. City of Moreno Valley One Stop Center Contact: Lori Shiefelbein, Development Services Coordinator Moreno Valley houses all city offices that are necessary for obtaining building permits under one roof. There is greater coordination between departments and consumers find It simpler to navigate the complexities of the development process. The One Stop Center endeavors to be consumer-friendly and to demystify the development process by allowing individuals to have all their concerns addressed by stab`in one building. In addition, the coordinator of the building creates integration between departments that leads to less fragmentation of services. D. City of Palm Springs Palm Springs Home Repair Program 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 760-323-8264 Contact: Marina Karas or Dale Cook The city operates this program through a federal Community Development Block Grant. Although originally it served seniors and individuals with disabilities, it has expanded to include all very low income individuals. The program provides grants to homeowners for minor routine maintenance, emergency repairs, accessibility modifications, and other health or safety code work. Through this program, the city also cultivates resource linkages with numerous community agencies mutually beneficial to one another clients'needs so as not to duplicate efforts and resources. E. City of Hemet City Housing Division 445 E. Florida Ave. Hemet, CA 92543 951-765-2381 Contact: Mark Trabing juaw:pedaa juawdolanad 6ui6y uo aol}}o /quno:) aplsJanl'd ap!SJaAQd do Aj!3 dloM AapiLIS 4sleM P3 uoljeaodJoD u61sa4 anljoeJajui 6u16y uo !!ounoD AJoslnpy jawaH JO A 0 6unoA lonab uowll!M Plned 6ulgea1)Iiew K abed S abed palle;su! pA jou we Aagj 3! sJeq geJ6 Joj paoJojulaJ aq jsnw sllenn '•a•l) aiq!ssaooe apew Apsea X X Jo 'alglssaooe aq jsnw 6ulsnoq Joluas lie 'asea jegj uj •sJoluas Joj Apeogloads pau61sap sl juawdolanap 6ulsnoq a ssalun le6all! uolTeupposip a�ew pue AjunoD aplsJanDd of oyloads we ZT'Ts pUe TT'Ts suoljoaS •/quno:) ap!SJMn j of Aluo algeolldde aJe jegj suoipas oyloads aJe aJagj 'pv aqj ui •sjuawdolanap 6uisnoq Joluas ul sjuauodwoo u6lsap leVanlun 6uppuew uogelsl6al se uaas sl Toy 6ulsnoH Jle3 gnJufl aql Jaojojua lel:)!_lo aqj sl 6wsnoH pue juawAoldw3 ne3 ;o juaw:pedaa eiuJoj!IeD aq4 'g6nogale :sail juawaoJojua Jo4 Aj!i!q!suodsaJ aqj aJagm of se uolsnjuoo leool sl aJagj pue juajslsuoo uaaq jou seg Ajuno:) aplsJanl'd ul joy 6ulsnoH Jle3 gnJup algS agj;o 4uawaoJo;u3 •Q •lenoJ a pue MalnaJ Japun awoo spa[oicl pasodoJd Jlayj se jsulebe paJnseaw aq Ipm Aagj jegm Moul jou op sJadolanap X 'aJojaJagl •slseq xaldwoo Aq xaldwoo a uo sjoa[oad 6ulsnoq Joluas pasodoJd je Tool of puaj pue Team aJe 6ulsnoq Joluas 6ulpJebaJ saoueulpJo Ajuno:) •spaau asJaAlp qj!M slenpinlpul of Jajeo jegj sjuawdolanap Ma; We aJagj 'aJOjaJagl X •6ulsnoq AJeuolsnpw ;o pel e '•a•l 'spaau juaplsaJ 6ul/ueA joaUaJ of xaldwoo al6uls a ul sjlun ulgj!M saouaJagp Jop Mope jou lip suoljoujsaJ 6ulpun3 •9 'lie je paildde jou Jo palldde ApadoJdwl uaaq seq u61saa leSJanlup 'aJopaJa4 L •( u6lsap lesJanlun X Jo; spJepuejs„ apinad of seM plq aqj jo juajui leu16po aqj) tippZ AJenuec pajuawaldw! •L8LZ IpS Algwassy eluJojpeD ul p puapl se 6ulsnoq Joluas Jo4 „saullapin6 AJejunloA„ jdope of jou asoogo sagunoo pue sap:) AueW •d onssI anssj onssI leaauaE) Ajo4eln6ab anl;elsl6a3 s6ulpu13 pue sanssI S213I,dws 'A APPENDIX BEST PRACTICES A. City of Long Beach Mental Health Association Village Contact: Charles Belknap, Director of Community Development, cbelknapCa mhala.org The village is a creative special needs housing organization. They look to use old motels and convert them to their consumers' needs with a consumer driven perspective. Multiple funding sources are often needed for such developments Mr. Belknap identified NIMBYism, time, market changes, and cultural change as some of the obstacles to developing special needs housing. He also identified the strengths of getting neighborhood associations to partner with organizational ideals His principles include: 1. Think system. 2. Build capital. 3. Keep systems fluid. 4. Preach values. 5. Keep it simple. B. City of Riverside Affordable Housing Task Force Recommendations to the General Plan Contact: Ken Gutierrez/ Mike Grabendike The City of Riverside had the foresight to realize the impact that the aging boomer generation will have in the next few decades They developed a task force that was specifically designed to examine the issues of housing in the city and develop recommendations for action in the next 25 years. The purpose of the report is to look at ways of attracting an economically vital population to Southern California by developing a senior housing concept that integrates land use decisions and economic strategy. Recommendations include: 1. Make senior housing a priority in the General Plan. 2. Create a senior housing zoning ordinance. • Alternative — flexible standards to make development easier and provide incentives. 3. Adjust redevelopment fees specific to senior housing. • Riverside has reduced fees 60%. 4. Encourage age-integrated housing projects. 5. Generate creative sources of financing. 6. Exploit opportunities for funding by attracting the economic strength of the older adult population. Page 15 Page 4 developers, architects, and zoning officials. These individuals were able to share expertise and important information that will lead to improved service delivery for senior housing issues. IV. BACKGROUND INFORMATION The forum and this report grew out of goals and objectives in the Riverside County Office on Aging's 2005-2009 Strategic Plan entitled, Strength in Aging. This plan outlined six priority areas, one of which is housing. The goal for this priority area is "to sustain and increase housing options to meet the needs and preferences of seniors, and adults with disabilities, residing in Riverside County." Objectives for this goal include convening two forums and issuing a Blue Ribbon Housing Report. The first of the two forums was held on February 22, 2006 and this Blue Ribbon Report identifies the recommendations for sustaining and increasing housing options for seniors and adults with disabilities that were suggested through discussion at that forum. The forum and this resulting report are meant to encourage action on the part of participants and the Advisory Council on Aging in the hope that there will be effective changes taking place by the date of the follow-up forum in September of 2007. Because of the nature of the forum, assumptions were made as to the important needs that surround senior housing in Riverside County. The assumptions were based on the following: • The available senior housing is often prohibitively expensive. • There are two housing programs administered by the Department of Housing and Urban Development: Section 8 and Affordable Public Housing. In Riverside County, the waiting list for Section 8 housing vouchers has been closed since May 2004 and only opened recently for additional names to be added to the list. Representatives from that agency are not able to estimate the number of people on the waiting list currently. That leaves only the Affordable Public Housing Program as an option for low-income individuals. After the eligibility determination for the Affordable Public Housing program, individuals wait, on average, 18 months before they are placed in housing. • Accessible housing for adults with special needs is very difficult to find. • According to the Commission on Affordable Housing and Health Facility Needs for Seniors, the nation needs an additional 730,000 rent-assisted units by 2020 because of the growing demand. aJoulsl3 ajel jo /4!D .aawpe-1 eysllAj juawlieda4 4uawdolanapab zowog snsar aaljo sJossassV A;uno:) ap!sJMIlj AapeA ouaaoW 40 /40 ;lob A44eo alA)l Ajeg Aaua6V JuawabeueW puel pue uolle:JodsueJl bul6y uo 1!auno:) AJosIApV Ja;ua:) ssaaaV /glunwwoD )lAeg p!g aulgaeo laeyDIW )loa3!H of AieW A4!Jog4nV bulsnoH a6eJlW ogaue'd ellaweoo;o /41D aapua:pV Al!unwwoD o)Iuej3 Ined uenoag ana;S souor alzz1-1 buluueg ;o ,a!D •b''s•n aapua14V /glunwwo:) ulplue-JJ 4eioga(] 'swa4sAs 6ulsnoH 4uauodwoD IIaH pjey:)Ib sa6iog Auol uolsslwwo:) 6uluueld suJad JO A 0 auawdolanad Aauu13 sower a6elllA uolIepossV ReaH IeIuaW puej —JagwegD Jewoppm deu)llag salaey:) 119H uoae4S AalleA ouaaoW 10 1,40 .jawae.q Ay;oaoa JajuaD Joluas uAlso[ A :au4s!a 'AalgsV Josimadns paeuaeg laeyolW s6upseH ulgoll e;a!JJnW ;o Aj!D saaWpa A:)ueN juampedad 4uaw:pedaa 6uluueld A;unoD ap!sJanl'd 6uluueld ap!saaAla jo A31:) 6ul6V uo aaL4o A;unoD ap!sJanlb sAleg 31.jeW zaiaal;ng ua)l ialslaa aoejg 6ul6V uo 1!aunoD AJoslnpV ill 'sJau}Jed aoluas ssoJauleb PaINDI ' HId aa4lo33V eaegaeg all!puageag a)I!W pleuoa :pagoll A PPISld 'sJoslnaadns :Jasa(i wled jo AI!D sbuuds wled jo AI!D jo pJeog A;uno:) aplsJanlb solezuog e3lssar iloo:) ale(] AalysV uopeW aosyuadnS slue piped 30 Is!l 'XI Zi a6ed Z a6ed 'ule:Jaaun ssal pue }uapyp aJow spa[oJd 113u1 10 sMalAaJ (`db3D) pV AIllenb le;uawuoJlAu3 eluJopleo a�ew of Moq ;o uol4e6l;sanul aq4 abeJnoau3 •suolldwaxa Jo4 A411enb o} (;uawdolanap Jo uolaanJlsuoa JaglJnj Jo4 me do-al!nq a uipm A:JadoJd pue puel 4ueaeA 40 asn aq} '•a•!) „silUul„ ;o asn aq4 a4eaonpe pinogs Dy agl .;. 's;uawdolanap pa4eJ6a4ul AIIn; pue 'asn paxlw 'AlpualJ;-Joluas Jol spiepueas apnpui aega ueld 1eJauab A;unoa aqj of squawala 6ulsnoq 6ulppe Aq pagspdwoaae aq uea slgl •sapunwwoa papualq jo :Jed e wagj aNew 4nq 'spa[oJd 6ulsnoq Joluas Joj saullapin6 a4eJedas jo auawdolanap aqj Jo; a4eaonpe pinogs DV agl .;. •sawog aJnaas of alge an slenp!Alpul 4egj aJnsua of 6ulsnoq Joluas apepJoge Joj s;uawaJlnbaJ bullslxa jo uopajad aqj Jo; aIeaonpe pinogs (Dv) bu16V uo 1!aunoD /uoslApV agl .;• A:)V:)OAaV SNOI1V(IN3WW0Z)311 NOI1V:)f1a3 CINV NOIIVNI(12100:) A:)V:)OAdV 'IA •suo!ssnaslp buisnoq ui papnpui aq pinogs 'Jag;a of aAII pue sawnosaJ Jlaq lood ApejunloA saoluas WOW Jo OW aJagM sasnoq X dnoJ6 lensea jo IuawabeJnoaua se Bans 'sagaeoJdde al/4s-aj!l and;ewa;lV 'N •slenp!Alpul jaBumo-A uegl sJoluas Jo; JaMol ganw s! aaue;s!p 1e4l uosAad Jagaoue azlubmaJ I pM lenplAlpul X ue galgM le aaue4s!p ago o; uanlb aq pinogs uoljeJaplsuoa 'sawoq bulpllnq uagM 'aldwexa Jo3 aaeds lepos-uou to slauun4 u6lsap ApaJJna aM b •sawoq ag; ul anll 64 uaJpl!ga Mope jou op sal;!unwwoa Joluas ;sow asneaaq alq!ssaaae sl ;eg; 6ulsnoq algepJo.4e 6ulpug a6uapega lepads X e aneq uaJpl!gapueJ6 6ulsleJ quejedpueJg A4uadsojd Aq sall!weI sa4eJedas pue 6ulsnoq Ieuol4eJaua6-l1Inw sua;eaJgj (pJeA�aeg AW u! 40N) wsIABWIN A „ sawog X qlo3 plo„;o ad/4oaJa4s aq; Aq pajegJaaexa Aldwls sl „ou ;o aJn;lna„V •(] anssI anesl anssI leOME) Aao;eln6ab aAgelsl6a-1 s6wput3 pue sanssI •wags pl!nq of paulpu! Edna Lebron Faith Morreo Elizabeth Romero City of Hemet T.A.N.F. Tribal Liaison Supervisor Wilson, District IV Lenwood Long Roger Nunez Gloria Sanchez Advisory Council on Aging City of Coachella Advisory Council on Aging Barbara Lupro Erica Ostrom, Assemblywoman Lori Schiefelbein City of Murrieta - Planning Bonnie Garcia's Office City of Moreno Valley Susan Mack Steve Pasarow Richard Smith Homes for Easy Living City of San Jacinto Director of the TRIP Program & Executive Director of the Vee Maiden Jacquie Paul Partnership to Preserve Advisory Council on Aging The Press Enterprise Independent Living Ray Mastalish John Pena Ann Stephens Riverside County Office on Aging John Pena Association Supervisor Tavaglioni, District II Douglas McAllister Donna Pierce Linda Swanson City of Murrieta Riverside County Office on Aging Riverside County Office on Aging Catherine McMillan Patrick Ramos Ellis Swing Coachella Valley Association of Advisory Council on Aging Advisory Council on Aging Governments Charles Rangel Craig Thralls John Meyer Inland Empire Section American Amber-Thralls Development Co. & City of Temecula Planners Association / Young Wildomar Senior Leisure Homes Community Lu Molberg Riverside County Office on Aging Betty Rogers; Bill Timmons Advisory Council on Aging President, Senior Friendly Mark Moran Communities of America Advisory Council on Aging Page 13 Page 6 Issues and Findings Legislative Regulatory General Issue Issue Issue E. California Assembly Bill 499 is not being implemented due to budget constraints. AB 499 provides for Medi-Cal funded assisted living and would have established a pilot Medi-Cal waiver program for Medi-Cal recipients X residing in residential care facilities. If successful, this pilot program would have been expanded allowing people more choice in their residential facilities. F. Processes to develop and build senior housing are slow and cumbersome, as all three government levels (federal, state, local) often impose conflicting X X requirements. G. Lack of and/or restrictive use of funding. X X X H. The cost of assisted living (AL) has increased commensurate with added regulatory requirements resulting in less affordability and sometimes the X X closure of a facility. I. City and county building requirements are too rigid and inhibit design creativity. Design is focused on fulfilling building standards that do not necessarily lend themselves to making livable communities. X • Individual interpretations of regulations mean that housing standards may differ between cities and counties. J. Even when senior housing is a priority in general plans, that does not guarantee implementation. For example, zoning requirements may work X against senior housing development as provided for in general plans. K. Development of new housing is inhibited by the need to meet the X prevailing wage of the construction industry. L. Some cities have anti-development attitudes and a slow-growth bias that X X precludes senior housing from being built. M. There is no"roadmap"to direct individuals who want to develop senior housing. Checklists that explain the processes of creating senior housing are X X not available for developers and planning officials to use. N. Courtyard and cottage style housing, which is considered an appealing option for inner-city senior housing, are low-density so developers are less X uo a;eoonpe 11!M 1!ounoD AaoslApy 5u16y uo aDyjo aq4 'swnao; onn; ago uaam4aq awl; aqa uI unao4 90OZ aq4 waj paMog 4eq; suollepuawwooaa u014eonpa pue 'uo!aewpaoo:) 'Aoeoonpe n91.I4 ssasseaa pue 'saa!aaeq nnau Ajquap! 's;uawdolanap Alawq ssnos!p 'ssaa6ad a;eagalao o; LOOZ 3o aagwa;daS ui auanuo:)aa o4 sueld seq wnao; lequi aq; aoJ pauanuo:) dna6 aqj •a:)ue:podw! 4sou4n jo age sueld an;n; 'snga 'Aba;ea4s uolpe wan;-buol a u! da}s ;say aqa seen wnaoj slgl SNVId dn-M011O:j 'IIA -spaau 6u!snoq unno alagl 6ullaaw ul anl;eaao aq o; Aq!unwwo:) aoluas aq; algeua pue a4eonpa pinoqs yoo pue DV aql F •poogaogq6lau e uo aneq ue:) j! :pedwl aAl4lsod aq4 pue 'papaau sl 4! Aqm 'bu!snoq aoluas Inoge ollgnd aqj a4e:)nP3 •punoae AeM aagao aq ueq; aagjea 'saadolanaP woa4 6u!snoq aoluas 6uglopos sail!:) u! jInsaa 11!m 4eq a6uego leanilno a peal pinogs 3y agl F -salon s,aagaoue auo 4noge aaow uaeal o4 saadolanap pue 's4oa4!goae 'saauueld a6eanoou3 • •6u!snoq aoluas ul PaAlonul Sala ;uaaa}J!p aq; Ssoaoe bu!lsna} aaow s! 4egl abueq:) anilno a a6eanooua pinogs dlgsaapeal leool F •uaapl!gopuea6 6u!s!ea s;uaaedpuea6 jo spaau bu!snoq paz!le!oads aqj ssaappe o; :)y aq Aq pabeanooua aq pinogs d!gsaapeal pue sle!:)y;o Imo-1 F „ANaonn 11!M 4egM„ „Z:pafoad ag6la aqj sl legM,, 'else pinogs d!gsaapeal pue slehL4o 1pool '6u!snog aoluas ao4 eap! ue bulsslws!p Alalelpawwl uegl angle'! F •sall!uawe 6wsnoq aol spaepueqs u! A4!1!gel!SIA pue A3!l!geloos az!segdwa pinogs sleloy;o A4unoo pue Aa!D + •saAi4quasaadaa le4uawuaano6 gl!nn A4q!q!ssaooe 4o aoue:aodw! aq4 6ulssn:)slp Aq bu!snoq u! Aq!I!q!ssa:)oe anadwl jegj spaepue4s Idope o4 sal :) pue sal;uno a6eanoua pinos 6ulsnoH pue 16 ;o 4uaw w *u •suo!l!puoo leolsAgd pue safe Ile ao; u61sap Iesaanlun jo sggauaq aq; 6ulpae6aa ollgnd aqj aaeonpa pinogs DV aqj_ F „.saoje;!1!oe;„ o; „sao;eln6aa„ wa4 saauueld jo a6ewi aqj a6uego dlaH E NOIlvmM Oi a6ed 6 a6ed •auuapuadapui uegl aag4ea aouapuadapaa4ul a4owad pinogs aM -weds a6eaeb palsenn col paau ago 6wseaoap pue u01jez11eDOS 6ulseaaoul 's4uaplsaa 1461a Agana aoI aeo paaegs auo aneq of A4!1!oej 6u!snoq aoluas a aoJ sl eapl anlleaao y •sluawa6ueaae 6wAlI aoluas ul jue:podwl ssal age 'weds gonw os do axle; q:)!gnn 'sa6eaeE sioivas ;o spaau (q!l!gow 6u!6ueq:) aqj o4 uaA16 aq pinogs uogeaap!suo3 •sal;!uawe o; ssa:)oe aanoas pue a;es q;!M algellenn aq pinogs sapiunwwoD •sao!Aaas Agaeau o4 ssa:):)e aneq pue saoggf!au a!ag4 of aasol:) age slenp!Alpui legq aansua of paau aM •bu!llannp a uegl aaow s! 6ulsnoH •s;uawdolanap 6u!snoq aoluas ga!nn sa!lluawe lehos bu!gea6a;u! ;o sAenn aaoldxa pinogs sa!l!unwwo3 Q •aae:) pazpe!oads aaow paau oqm s;uaaed aaplo col s4uawabueaae bu!snoq aAgeuaa4Ie aoj pool ua}}o uaapl!go pue pa6uego aneq sa!l!we; leuo!;!peal •bu!snoq Ieuo!4eaaua6 -Prow aoI suo!geo!ldwi seq golgnn 'uaapl!go alaq; o; asolo anll s4uap!saa IV ;o A;!aofew a 'uo!}!ppe uI •asnods I!eaj e;o aaeo aq4 q;Inn pauapanq-nano lenp!Alpul ue ao; aouelslsse papaau -gonw ap!Aoad pinom s!ql •aaeo ;o Aq!nu!4uoo ap!Aad o4 s@gij!:)ej 6ulnll pa}s!sse qq!m 6wsnoq aoluas 6ullea6a4ul ;o /q!l!glssod aq; se guns (IV) 6ulAll-pa4S!sse Jo slapow anl4euaa4le 4e lool pinogs ;uawuaano6 ;o slanal lly Q •sawoq panpelnuew aq ue:) Aagj pue '6u!aeaq :)!lgnd a saa!nbaa aa6uol ou s4ey asag4 6u!pI!nq „•sley Auuea6„jo asn aaglan4 aaoldxa o4 AqunoD aq4 pue sail!:) a6eanooua pinogs 3y agl Q (•04a 'sae:) 61.11Aup 'slal!04 6u!gsny '•a•l) saoanosaa aannaj asn saowas awls pampaa aq ue:) saal loedw! aadolanap aag4@gM a4P614SaAUj •awll lensn aq4 ;ley ui asegd lenadde aqj g6noaq; 6u!llab bu!snoq aoluas saa4ueaen6 ;eq; Aopod �:)eaj-4se4 a aoj a;e:)onpy •awll 6ulssaoad pue saa; 6u!lg ul Aauow apes golgnn 's;!waad leuo!a!puoo aou!w jo asn aq4 g6noagl Ienadde :oa[oad aaasej pue 6u!oueug 4soo-aanno-I •6ulsnoq aoluas jo quawdolanap aq; aoI sanl;uaoul as_4o o; sle!>I,,Uo aaeudoadde qa!M aleu!paoon pinogs 3y pue yoo agl Q 1 "6ulpun; deb„aanoo of spun] 4uawnnopua 6u!snoq do 4as pinogs sa!l!D Q •sanss! /uo4elnbaa jo azew aq4 a4ebineu 04 6u!snoq aoluas ul pa;saaajui asog4 dlaq o4 uewspngwo ue ;u!odde pinogs A;uno3 aqj ao/pue sa141D Q behalf of senior housing and will work to reduce the barriers that are presently hindering the development of affordable and accessible housing for older adults, as identified in this report. VIII• RESOURCES AB 1400 Model Universal Design Checklist Commission on Affordable Housing and Health Facility Needs for Seniors Access at http://govinfo.library.unt.edu/seniorscommission/ California Department of Housing and Community Development— Division of Codes and Standards City of Riverside Housing Task Force Document of Recommendations "The Future of Infill Housing in California: Opportunities, Potential, Feasibility and Demand, Volume Two: Full Study" Access at http://infill.cLiisc.berkeley.edu/about.html. Governor's Office of Planning and Research — Unruh Civil Rights Act Access at http://ag.ca.ciov/publications/civilrights/OICRhandbook/chapter3.php?PHPSESSI Policylink.org "Infill Incentives" Sperling';Best Cities for Seniors A Synopsis of Affordable Housing Issues in Riverside County Report prepared by Riverside County Advisory Council on Aging and No Wrong Door Team Universal Housing Design Recommendations for Accessibility http://www.smco-cod.orci/smc/department/cod/home/o,2151,65129 300190036, OO.html. Page 11 Page 8 • Allow for greater density in infill areas, property tax abatements, and fee waivers for infrastructure hook- ups. •:• The AC should encourage city officials to allow more design flexibility giving more freedom to developers and architects to build within set standards for accessibility. •:• The AC should advocate for requirements related to senior needs to be set forth in General Plans. • Advocate for more cottages and courtyard housing; making all units at ground-level. • Advocate for amending zoning ordinances and elements of the General Housing Plan to include universal design standards. ❖ The AC should proactively encourage the enforcement of legislative requirements such as Unruh by asking for accountability. ❖ The AC should advocate that universal design should be encouraged in ALL housing. • Perhaps a universal design checklist could be developed that is applicable across jurisdictions. Universal amenities in all communities would allow those who choose to age in place the chance to do so. • Encourage the building and plan "checkers" to be educated in terms of universal design standards in order to provide greater enforcement. ❖ The AC and Office on Aging (OoA) should work to gain commitment from top leadership such as mayors, city council members and county board of supervisors for senior housing issues. ❖ The AC should request that the county spend a greater percentage of Community Development Block Grant funding on home modifications for seniors. COORDINATION ➢ The Office on Aging (OoA) should create a staff position to do home assessments and determine the needs of residents to increase home accessibility. ➢ The OoA should involve a broad range of personnel in solution-focused meetings for senior housing, i.e., firefighters, transportation officials and planning staff. 0 0 111 '1// E0I1 \ 1 '? ,1131 \ a a r pp pm b C m o - D n 31 31 ; m 0330 � 3 � za va v 2 un a �' m e n � AN f/1 Ul 41 N T T Q C N a a C E m = 3 -1 A 3 .e r n w D m O n C O P p a m C D n A m u m v m Z 3 z 5 0 �' a O A a Z m O D m N in b O J.im 'v A w i 7{{ Q ; = O as n K n Ni� MONTEREY.AVE� MON,TEREKAVE I � p D A kNGATEWAYD x \ p� x A \3\ SHEPHERD LN Cv A � PORTOL•AAYE \\\\�\PQ '� � � g�q 3� � �� � � ���� � \ T it rrr Ala All WAR yy y PACIFIC y aDry\yaA\\\ \ 60'I \\ a " e 2§ �' �. �:•:.\•.i•iO\;.'.-.; � � Oq N �p Ny1NI� ppy Gy 111 Is g �.ir.1. •i••••• � V 01 0 W � r N N N N O O V W A ON W N � • COOjST _ � �' v + + W V� tl +W V V W 0 IJD 8 V W P S W� tl O p Y N i 0 0 0 m \ \x 8 N N 0 O 01 �' 6 j m CD CD _ CD 3 CD yQ CL j 0 = (D TI � v 3 a ! m � to 3 c 0 rt n (D y 3• N (!i = v m 3 N 0- j CL O 0 c m to W a Z C7 c C � x m p NO w N .: � O w -4 W H r -ucw 0) N is w CY) =: M 4 (0 V N O O ! Cn w - l rn 0 (o O v� m c ---------. ------------ - -- - -- -- ----------, a � m � CD CO o. m CAN w ! ' O W 0) -4 y Q 7 (p V ! N V O V O D QI m rn x 1 ( 0c CD N ( N N N ,�.► (G A N N V A N N W O W O O O to O I I 01 A w 0 w O m D w ( w cAi+ o o C�l a w .i (o co o '* i t RAFT — Attorney-Client Privileged [DRAFT ] ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM DESERT AMENDING TITLE 25 OF THE PALM DESERT MUNICIPAL CODE BY ADDING A NEW CHAPTER 25.53 RELATING TO THE UNIVERSITY PARK HIGH DENSITY OVERLAY ZONE THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES ORDAIN AS FOLLOWS: Section 1. Title 25 ("Zoning") of the Palm Desert Municipal Code is amended by adding a new Chapter 25.53 to read as follows: Chapter 25.53 UNIVERSITY PARK HIGH DENSITY OVERLAY 25.53.010 PURPOSE ( Q The purpose of the niversity Park High Density Overlay Zone ("HDO") is to provide the opportunity for the dev lopment of higher density residential projects in portions of the University Park Area designat Medium Density Residential (R-M), provided the standards set forth in this Chapter are met. Wherever the HDO has been applied to a property in Planned Residential (P.R.-5) zone within the University Park Area, an applicant may request the application of HDO standards to the project or may propose development consistent with the standards of the base zone. Properties within the P.R.-5 zone qualify for densities of 5 units per gross acre, but could achieve greater densities through inclusion of affordable units. With the application of the HDO, densities could range from 10 to a maximum of 22 dwelling units per acre,based on factors set forth in this Chapter. 25.53.020 PRECISE PLAN FOR HIGHER DENSITIES Higher densities pursuant to the HDO may be requested by applying for approval of a Precise Plan pursuant to Municipal Code Chapter 25.73. In addition to meeting the criteria for the Precise Plan, the application must demonstrate compliance with the standards set forth in Section 25.53.030 and, as applicable, the standards for the P.R.-5 zone. The appropriate level of density between 10 and 22 dwelling units per acre will be determined in part based on the standards of Section 25.53.030. 25.53.030 DEVELOPMENT STANDARDS The development standards set forth herein are flexible in order to insure a balanced mix of residential densities in the University Park Area. The goal of tkesr�trtent r✓ standards is to improve pedestrian access to commercial services, public transit, schools, and ;rl� parks, while also insuring a mix of densities and affordability levels in the University Park Area. Ordinance No. Page I Revised 11/14/2008 - DRAFT — Attorney-Client Privileged A. Percentage of Units Available for Homeownership. In determining the appropriate density for a project under the HDO, the City shall 1( consider the percentage of units that will be available for occupant ownership. Projects that ��a provide for ownership of more than 50 percent of the dwelling units shall generally be eligible for densities on the upper half of the density scale allowed under the HDO. Projects that provide for ownership of less than 50 percent of the dwelling units shall generally be eligible for densities on the lower half of the density scale allowed under the HDO. �(9N, B. Proximity to Public Transportation. In determining the appropriate density for a project under the HDO, the City shall consider proximity to public transportation. Properties that are closer to major public transit corridors (primarily along Cook Street) should be eligible for hig_her densities under the HDO than projects located farther away from transit facilities. C. Proximity to Schools,Parks, and Commercial Services. In determining the appropriate density for a project under the HDO, the City shall consider proximity to schools, parks, and commercial services. Properties located closer to areas zoned for "Open Space — Parks," "Regional Commercial," "Community Commercial," and "Public Facility/University" should be eligible for higher densities under the HDO than projects located farther away from such properties. D. Percentage of Units Reserved as Affordable. If the developer seeks higher density pursuant to the HDO, the entirety of the project shall be made affordable to very low-, low-, or moderate-income residents, or any combination thereof. The developer shall agree to record any and all affordability restrictions against the property as deemed necessary by the City to ensure continued affordability. Affordability restrictions for ownership properties must remain in force for a minimum of 45 years. Affordability restrictions for rental properties must remain in lace for a minimum of 55 years. E. Landscaped Open Space Integral to High Density Developments. In determining the appropriate density for a project under the HDO, the City shall consider whether the property exceeds existing landscaping requirements. Properties that demonstrate the following should be eligible for higher densities under the HDO: Ordinance No. Page 2 Revised 11/14/2008 DRAFT—Attorney-Client Privileged 1) Water efficiency measures that exceed current Municipal Code / requirements; 2) Dedication of areas to landscaped parkways, project perimeters, or both, in excess of current Municipal Code requirements; 3) Landscaping in internal areas of the project in excess of the minimum requirements of the Municipal Code; and 4) Inclusion of recreational spaces, such as private yards, public pocket parks, or other such amenities, in excess of the minimum requirements of the Municipal Code. F. Consistency with Community Design Element. Applications for approval of higher densities pursuant to the HDO shall demonstrate consistency with the Community Design Element of the General Plan. G. Potential Fiscal Impact of High-Density Development. Applications for approval of higher densities pursuant to the HDO shall be accompanied by a fiscal impact report, disclosing the potential impacts of the project on the City's fiscal condition. H. Water Supply and Efficiency. In determining the appropriate density for a project under the HDO, the City shall consider the sufficiency of water supply for the proposed development. Projects that incorporate water conservation measures, including, but not limited to, blended water systems, on- recycling, use of gray water for landscaping irrigation, and water efficient fixtur , should 1p�' e,r eligible for higher densities under the HDO than projects with less water efficie fe es. t Jet. s'1 I. Energy Efficiency. In determining the appropriate density for a project under the HDO, the City shall consider energy efficiency. Projects that incorporate energy efficiency measures exceeding the requirements in section 24.30 of this Municipal Code should be eligible for higher densities under the HDO an pro ects that incorporate less efficient features. All projects shall explore the use o olar energy systerns and �alternative energy sources. X' c-[% 4s S e" J. Air Quality. Projects seeking higher density pursuant to the HDO shall utilize, to the extent feasible, low volatile organic chemical (VOC) adhesives, sealants, paints, coatings and carpet systems. Ordinance No. Page 3 Revised 11/14/2008 DRAFT —Attorney-Client Privileged Section 2. Application of the HDO to certain properties The HDO is hereby applied to the properties as shown on the attached Exhibit A, and as more specifically described in the attached Exhibit B, which exhibits are hereby incorporated by reference as if fully set forth herein. Section 3. CE A Discussion. Section 4. The City Clerk is directed to certify to the passage and adoption of this ordinance and to cause this ordinance to be posted or published as required by law. PASSED, APPROVED, AND ADOPTED this_day of 2008. MAYOR ATTEST: CITY CLERK 1 APPROVED AS TO FORM: CITY ATTORNEY Ordinance No. Page 4 Revised 11/14/2008 SB 375 Workshop Hasan Ikhrata,Executive Director,SCAG SouRlem Caldomia Association of Govemm os Riven ft Novembe124,200E Purpose of Workshop ❑Share information relative to SB 375 ❑Begin outreach process for 2012 Regional Transportation Plan(RTP)& related data ❑Seek your feedback SB 375 Background ❑CA Senate Bill signed by Governor 9108 ❑Effective date 1109 ❑SB 375 intends to implement AB 32' (only a small portion) 'LWOMd Gb IWamig SO MAd of 2M ' 1 Purpose of SB 375 ❑Achieve specified GHG emission reduction target* ❑Integrate transportafion, land use& housing planning V Tfmm SWO&IphlV ks , Purpose of SB 375(cony) ❑Achieve specified GHG emission reduction target •by reducing vehicle miles traveled(VMT) from passenger vehicles(auto&light trucks) •through land use and related policies Purpose of SB 375 rcowtj _ ❑Integrate transportation, land use& housing planning _ •RTP •SB 375 Sustainable Communities Strategy _ (SCS) •Growth Forecasts • Regional Housing Needs Assessment(RHNA) 2 w c.maeMcrm MwmeryKem..i ]aX ]5% s o w +m +a w xa 3m 1w +m sm seo up av xvmmu.�mr�ww.mA o]nnawru.m m[Kn w.v otwmerm..esbmw v.nuvm v a.><agewiz vwpnaxs vrarca.m vra.cn. California AB 32 Recommended Green House Gas Reduction Estimates y 3% 1% 1% e._...r..... 3% 914 1Z% EXISTING LAW Regb Planneg-In Progress AB321mpiementaton Mr WW Age Lam We Tmnsponauon 3 A What SB 375 is NOT about: ❑ Anything not involving VMT associated with light&medium duty vehicles. e.g., •green buildings •energy efficiency • municipal operations •waste management •water •technology SB 375 Requirements ❑Set GHG emission reduction targets for passenger vehicles for 2020 and 2035 (with 8-year target update cycle) ❑Develop an SCS,and include in RTP - ❑Develop an Alternative Planning Strategy (APS),if necessary,to meet GHG - emission reduction targets SB 375 Requirements ❑Consistency wit S S •transportation projects that are NOT grandfathered •RHNA 4 SB 375 Requirements(con't.) ❑Requires RHNA to be consistent with SCS ❑At minimum at city level ❑Housing Element consistent with RHNA ❑Current zoning to accommodate RHNA housing units ❑If not,SB 375 requires rezoning to — accommodate the difference wi i three years Potential for Local Land Use Change Housrng Need Allocation 43 ungs R C Z Nngceaedtl=30cons Potential for Local Land Use Change Housing Need Alocation-33 ungs R C z NngcaVm+b=30u % (Change to Mixed Use?) PmaaseE naming In sCS•33 prapawa noasYgmsCS•to una unlit 5 Y Additional Strategies to Reduce GHG Emissions ❑Pricing ❑Other transportation demand management (TDM),including telecommuting,work at home,carpools/vanpools, park&ride ❑Additional investments facilitating the use of transit and non-motorized modes Other Provisions of SB 375 ❑CECA review exemptions/limited review ❑Guidelines for travel demand models used for RTP ❑Specified public outreach and hearings ❑Changes to housing element law Components of an SCS _ ❑ Identify within the region • general location of uses,densities B building intensities; • areas sufficient to house all projected population, including all economic segments of population; _ •areas sufficient to house an eight-year projection of regional housing need;and a transportation network to service the transportation _ needs of the region 6 Y Components of an SCS(een•t.) ❑Gather and wnsider +the best practically available sclenfi6c Information regarding resource areas& familand in the region +state housing goals Components of an SCS(covet.) O Set forth a forecasted development pattern +when Integrated with transportation network& transportation measures/policies,reduces GHG emissions from autos&light bucks to achieve specified GHG target;and ❑Allow the RTP to wmply with federal transportation mnfomrity requirements (Clean Air Act Sec 176) DowntownSample Area;Riverside r:. n a . :i 7 I Sample Area:San Bernardino Metrolink Station r t ll x Y� r .'C -INRa_+Lim+•'i-fi4 1��{��yg Existing Land Use(2005) y F 1. t7� y IleekplMM t, A rt R )1 awl AAA k om — / �H s 'ell 2,3&6. Identify Short.and Long•7emt Housing Development Areas and Consider State Housing Goals o IdelWty we.sufficient to house at the papulahon of Irernian.Inqu m a;.nomlcsepmentsoverthe RTP - pImnIM timetrzme �} o IdwhN areas suacient b Muse an 8-yew projection of the regional ■pL` Musho need - a Ensurem.istenrywMepploved RIINANIocat5on 9 a 4.Identify Transportation Needs and Planned Network �'T X .xx"" A _ wb S.Consider Resources Areas and Farmland Information t 10 l Resource Areas&Farmland(2005( identify regional strategic Potential Development Policies growth opportunity areas • Idenutycorrldons approprole for redevelopment Plan for additional housing and lobs near transit - PlaO for a changing demand In housing types A Protect stable residential win n'ribes Ensure adequate access to open space and preservation of habtlat 7.Create a Forecasted Development Pattern Integrated with the Transportation Network that Reduces G—HyG Emissions 203sBartline 3015 prartP IL (1 p4n1 Ea arg 10, 133 I M In Emp V 94 103 133 101 II LA 4➢03 $.041 4.097 5,091 OR Ills 1.943 1.134 1.02 Gr.� RV 1,103 1p14 1,142 1.us 9>� SE, 973 Vss 014 1.320 yN 3" 463 1" 466 Q�0� Re01on 7:710 10.287 7.710 10]97 v$is ° .. Source SLAG zeax oaR nTP GH Ion VMT VMT. pMy - - 802,WOM -SASMWW2E J98.B00 H 15!6 Quantify the GHG Emissions Reduction Benefits o T�veoorlMbn DemMtl llekol Mxtl o to Mood C, Cmmpwr3fi ugUw plpwMnl� 4 ❑ F © n wY F flrsYns 5a� Taz . GM Cef B.Ensure the RTP to comply with federal transportation conformity requirements` awwra ew(rz ' 12 Implementation of SCS- Sustainable Communities Project& Transit Priority Project ❑A transit priority project consistent with either a SCS or an APS,and meet other requirements specked in SB 375,can be declared,after public hearing by local jurisdiction,as a sustainable communities project ❑What is a'Transit Priority Project?' +A development project +At least 50%residents[use,if the project contains between 26%and 50%nonresidential uses,a floor area ratio(FAR)_>0,75; + With a minimum net density of at least 20 units/acre +Within one-half mile of a major transit stop or high-quality transit corridor included in a RTP . Roles & Responsibilities SCAG ❑ Prepare and adopt an SCS as pan of the RTP + develop methodologies and technical tools to estimate GHG emissions + adopt public participation plan + conduct Informa0onal meetings and public hearings + develop and adopt a framework to address infra-regional relationships for sub-regional SCS,B necessary + develop overall guidelines&create public participation plans for sub•regional SCS,if necessary + develop an APS,if necessary a Roles & Responsibilities Sub-Regions ❑Collaborate with SCAG on regional SCS ❑Option to propose sub-regional SCS +work together with county transportation commissions +develop sub-region PS,' necessary o. 13 4 6 GR.O.Cd .6S Mu Map Roles & Responsibilities CTCs ❑Ensure transportation projects(NOT grandfathered)to be consistent with SCS ❑Collaborate on regional and/or sub-regional SCS Roles & Responsibilities Local Jurisdictions ❑Input to SCAG on growth forecast as part of the integrated process ❑Collaborate with respective subregions& CTCs on sub-regional SCS,if necessary ❑Identify sufficient sites in Housing Element, and rezone certain sites 0 necessary,to accommodate the RHNA allocation for the local jurisdictions. 14 Roles & Responsibilities Local Jurisdictions(cont) o Ensure a sub-regional SCS or the regional SCS be supported by the existing general plan,or built upon with the envisioned changes m the ger eal plan o Conduct public hearing,declare that transit pmorty,projeG is a sustainable communities pmlect and is exempt from CEOA review o Contluct slreamGned CECA review for tmnsb priority project " that does not qualify as suslamable communes project ❑ May adopt traffic mitigation measurm for transit priority projects Roles & Responsibilities Air Resources Board(ARP) ❑ Formulate Regional Targets Advisory Committee (RTAC) ❑ Develop regional GHG emission reduction targets Cl Approve emission estimation methodologies ❑Review SCSIAPS.and accept or reject Major Milestones Year2009 ❑ 1/12009-SB 375 becomes law ❑ t/3112009-new RTAC to be formed ❑9/30/2009—RTAC's report due to ARB recommending factors and methodologies for setting regional GHG targets ❑ 1=009-SCAG holds at least one public workshop 15 Major Milestones(con•L) _ Year 2010 ❑ 10/2009 to 812010-SCSIAPS workshops' to develop regional target ❑9130/2010-ARB issues final GHG targets 'IvurIp 8GO r.rgMtl irytl..B Major Milestones(cen•t.) Years 2011 -2012 ❑ 10/2010 to 1212011-16 workshops(by county)to obtain input for the draft SCS/APS 0 112012-release draft RTP/SCS for public review ❑ 112012 to 4/2012-3 public hearings and 6-12 — informational meetings for elected officials Major Milestones(con f.) Year 2011 -2012 ❑4/2012-Regional Council adopts RTP/SCS, and AIRS if necessary ❑612012-ARB review acceptance or rejection 16 r I SCAG Efforts to Date ❑ Bill analysis ❑Consideration of implementation options ❑ Information sharing ❑ Pursuing clean-up legislation o Workshops ❑ 2012 RTP development Pending Issues: o Funding o GRG targets ❑ Regional vs.suCteglonathow many SW-regions ❑ Rolm of transportation projects in SCS ❑ Impacts on transportation projects ❑ Confo my . ❑ Oversight and pankipatlon ❑ Clean-up legislation w The End 17 � 0 OQINA W N ' 3 O_ � ` - 2 � TmpC7 � W D � j N CD OD BCD 3 N O — — I C D 3 y O O NccZ N CD + N — n O J )> � m J m D x o 7 C n ' y y m 3 O) O O N -1 W 0 0 0 W aCD A A A 2 2 o 2 2 2 2 2 0 m O 0000 c 3 A A x A A A A x x p v 3 ;o A ;Ll ,X Z1 :0 �7 �7 :q CoN 000000 OOOOOOOOOOOo CD 0 A A A A A A A A A A A A A A A A A y N — y 00 (D C y O) Z r O (T V cn W A y 6 c A A T A N A OD N (O O O O O O O A ? 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CDx p c CD Z N 3 W W N � NN W A Op_ O C a- O O C V CO O) 0) 0 W V o N O W CD CD 3 3 A O OO N CA CD 000 N V '< N CD CD V i d _ W :3 Z 01 Cn N, O CD D o o < an a O O O O O N O 0 0 0 0 Q 7 O O O O O O O o O O 0 U O N CD od_ D 3 O p O N n Q m n CT _ p C J O O OODOA V ONO W ON' A O O O N V O O O O N 0 C CD d 3 (D CD y 3 N N N N N N N N N N (n z 3 Ol Ol Cn 01 al 0 Cn Cn 0 Cn � vvv O ri a c CD CAJC N NNA W NNCn V OD V Cj' 0 na Cn co 0 Cn V A V 0 O M V `<` N Q N W 0 0 0 W N CD 0 0 0 Cn CD C D N 70 O. O O 7J y p_ (n O1 Cn (D MICA 01 O L�Iwl CD (P O1 Q O O V 00001 NOt 00 0 Ut ID C r } City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element GOALS,POLICIES AND PROGRAMS Goal 1 A variety of housing types that meet all of the needs for all income groups within the City. Goal 2 The preservation and maintenance of the high quality of the City's affordable housing supply. Policy 1 The creation of new and the preservation of existing affordable houVsng�ojects shall be encouraged in all areas of the City. 4 f l�°�,� $p,r V . Program `1� s 14 s of "IPAt Wit t/' The ncy shall pursue development of 145 rental and 115 ownership units west of Cook AeS et, between 42nd Avenue and Merle, as an affordable family project. esponsible Agency: Redevelopment Agency Schedule: 2002-2005 Program 1.13 The Agency shall continue to implement the Self Help Housing program, and shall iden y-* households to be assisted by the program in this planning period. Responsible Agency: Redevelopment Agency Schedule: 2004-2005 Program LC The Agency shall continue to subsidize existing affordable housing units in the City, including apartment units it owns now and in the future. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program 1.1) The Agency shall maintain the existing resale restrictions and other subsidies on the Desert Rose project. Responsible Agency: Redevelopment Agency Schedule: Ongoing Program LE The Agency shall maintain ownership of ' 745 fisting rental housing units in order to assure long term affordability for these projects. Responsible Agency: Redevelopment Agency Schedule: Ongoing Policy 2 The City shall continue to strive to meet the State-mandated special shelter needs of large families, female headed households, single parent families, senior citizens, handicapped and homeless individuals and families, and shall consider including units for such households in its projects. Program 2.A Housing Element III-85 n J City of Palm Desert/Adopted 3.15.04 Comprehensive General Plan/Housing Element The City shall continue to enforce the provisions of the Federal Fair Housing Act. Information on the Fair Housing Act, as well as methods for responding o complaint , shall continue to be available at City Hall in the Housing Manager's office. Responsible Agency: Housing Manager, Redevelopment Agency Schedule: Ongoing Program 2.11 The City shall work with the Senior Center and other appropriate agencies in assisting whenever possible in the housing of handicapped residents, through participation by the Redevelopment Agency. Responsible Agency: Redevelopment Agency, Senior Center Schedule: Ongoing � �, / ^` - Tr,s����� r-��r Program 2.0 (/ �/ epmgt�-e omeless shelters and transitional housing shall be maintained as a conditional use in the R-3 and Planned Residential districts in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Ongoing Program 2.1) The City shall encourage local organizations, such as the Coachella Valley Rescue Mission, Martha's Village and Catholic Charities, to apply to the City for the assignment of CDBG funds for homeless services. Responsible Agency: City Manager's Office Schedule: 2003-04 Pr e City shall encourage the acquisition of existing mobile home parks by non-profit a encies or or�ensil�bieAgenrc anizatons in oder to preserve their affordability. . .p��f((►// �^ y: Redevelopment Agency, City Manager's Office Policy 3 The City shall continue to utilize segTlr��restrictions, applicant screenings, and other appropriate mechanisms established as conditions of approval in order to preserve affordable for sale housing units for the long term Program 3.A The City shall keep in regular contact with the Riverside County Housing Authority to ensure that Section 8 housing assistance within the City is actively pursued. At least 50 households should be assisted every year. Responsible Agency: Housing Manager Schedule: Ongoing Program 3.B Should the Candlewood Apartments opt-out of their HUD contract, the City shall actively participate in the identification of a potential buyer to maintain affordability for this project. The Redevelopment Agency will also assist these organizat ns in securing firlanci g. Responsible Agency: Redevelopment Agency se(J Housing Element III-86 City of Palm Desert/Adopted 3.15.04 Comprehensive General PlantHousing Element Schedule: As needed Policy 4 The Redevelopment Agency shall annually allocate funds to eligible projects for review and consideration, in conformance with its Five Year Implementation Plan. Policy 5 The City Council shall consider, as an additional incentive, the reduction, subsidizing or deferring of development fees to facilitate the development of affordable housing. Policy 6 The City shall continue to address the needs of the senior population in the development of housing. Program 6.A The City shall maintain the Senior Housing Overlay District and the Second Unit Senior Housing standards in the Zoning Ordinance. Responsible Agency: Community Development Department Schedule: Ongoing Program 6.B.-, ()64 43 �e bL � °c � -"'� The Agency shall begin to develop plans for senior housing project during this planning period. Responsible Agency: Redevelopment Agency,Housing Manager Schedule: 2003-04 Program 6.0 The City shall continue to encourage the development of assisted living facilities for seniors. Responsible Agency: Redevelopment Agency, Community Development Department Schedule: Ongoing Policy 7 The City shall implement the State's density bonus law. Policy S The City shall encourage the rehabilitation of existing housing units. 1 n Program S.A � The Agency shall annually fund the Single Family Rehabilitation Program, and shall assi 2B n households each year. Responsible Agency: Redevelopment Agency, Housing Manager Schedule: 2003-04, Ongoing Program 8.13 !-:40 cy sha11 establish and fund a multi-family residential rehabilitation program, and assist m ti-family units during the planni . nsible Agency: Redevelopment Agency, Housing Manager Schedule: 2003-04 Housing Element t� III-87 �P t Regulations Section 10322.10325 negative points hereunder). Re-applications shall be subject to the regulations in effect at the time the re-application is submitted. For projects submitted under Section 10326 of these regulations that are requesting additional Tax Credits, the basis limits to be used in the final underwriting shall be those in effect during the year the development is placed-in-service. (k) Unless the proposed project is a Single Room Occupancy development or within ten (10) years of an expiring tax credit regulatory agreement, applicants for nine percent (9%) Low Income Housing Tax Credits to acquire and/or rehabilitate existing tax credit properties still regulated by an extended use agreement shall: (1) certify that the property sales price is no more than the current debt balance secured by the property, and (2) be prohibited from receiving any tax credits derived from acquisition basis. Authority: Section 50199.17, Health& Safety Code. Reference: Sections 12206, 17058, and 23610.5, Revenue & Taxation Code; Sections 50199.4- 50199.22, Health &Safety Code Section 10325. Application Selection Criteria-Credit Ceiling Applications (a) General. All applications not requesting Federal Tax Credits under the requirements of IRC Section 42(h)(4)(b) and Section 10326 of these Regulations (for buildings financed by tax-exempt bonds) shall compete for reservations of Credit Ceiling amounts during designated reservation cycles. Further, no project that has a pending application for a private activity bond allocation or that has previously received a private activity bond allocation will be eligible to compete under the Credit Ceiling competition for Federal Tax Credits unless it receives a waiver from the Executive Director. (b) Authority. Selection criteria shall include those required by IRC Section 42(m), H & S Code Section 50199.14, and R& T Code Sections 12206, 17058,and 23610.5. (c)Credit Ceiling application competitions. Applications received in a reservation cycle, and competing for Federal and/or State Tax Credits, shall be scored and ranked according to the below- described criteria, except as modified by Section 10317(g)of these regulations. The Committee shall reserve the right to determine,on a case by case basis, under the uniqu a circumstances of each funding round,and in consideration of the relative scores and ranking of the proposed projects,that a project's score is too low to warrant a reservation of Tax Credits. All point selection categories shall be met in the application submission through a presentation of conclusive, documented evidence to the Executive Director's satisfaction. An application proposing a proj act located on multiple scattered sites shall be scored proportionately in the site amenities, neighborhood revitalization, and balanced communities categories based upon (i)each site's score, and(ii)the percentage of units represented by each site. Point scores shall be determined solely on the application as submitted, including any additional information submitted in compliance with these regulations. Further,a projects points will be based solely on the current year's scoring criteria and submissions,without respect to any prior year's score for the same projects. • SCORING , (1) Leveraging (A) Cost efficiency. A project application for a new construction or an At-Risk development, or a substantial rehabilitation development where the hard costs of rehabilitation are at least$40,000 per unit,whose total eligible basis is below the maximum permitted threshold basis limits after permitted adjustments, shall receive 1 point for each percent by which Its eligible basis is below the maximum permitted adjusted threshold basis limit. Page 20 l Regulations Section 10325 (B) Credit reduction. A project that reduces the amount of Tax Credits it is requesting shall receive 1 point for each percent that its qualified basis is reduced. In order to receive points in this category, committed funds must be part of the permanent sources for the development and remain in place for at least ten years. (C) Public funds. For purposes of scoring, "public funds"include federal, state, or local government funds, including the outstanding principal balances of prior direct federal debt or subsidized debt that has been or will be assumed in the course of an acquisition/rehabilitation transaction, funds from a local community foundation, funds already awarded under the Affordable Housing Program of the Federal Home Loan Bank (AHP), waivers resulting in quantifiable cost savings that are not required by federal or state law, or the value of land donated or leased by a public entity or donated as part of an inclusionary housing ordinance which has been in effect for at least one year prior to the application deadline. Land and building values must be supported by an independent, third party appraisal consistent with the guidelines in Section 10322(i)(4)(A). All such public fund commitments shall receive 1 point for each 1 percent of the total development cost funded. To receive points under this subsection for loans, loans must be "soft° loans, having terms in excess of 15 years, and below market interest rates, interest accruals, residual receipts payments or other preferred terms for at least the first fifteen years of their terms. Points for donated or leased land s hall be calculated based on the lesser of the purchase price or appraised value, except that points for land owned by the public entity for more than three years prior to the application filing deadline shall be calculated based on its appraised value. Further, for points to be awarded under this subsection, there shall be conclusive evidence presented that any new public funds have been firmly committed to the proposed project and require no further approvals, and that there has been no consideration other than the proposed housing given by anyone connected to the project, for the funds or the donated or leased land. Similarly, if the principal balances of any prior publicly _ funded or subsidized loans are to be assumed in the course of a proposed acquisition, verification of approval of the loan assumption or other required procedure by the agency initially approving the subsidy will be needed to satisfy the commitment requirements. A maximum of 20 points shall be available in combining the cost efficiency, credit reduction, and public funds categories. However, in order to score the full 20 points, at least 2 points must be achieved by each applicant in the credit reduction category. (2) General Partner/Management Company Characteristics. No one general partner, party having any fiduciary responsibilities, or related parties will be awarded more than 15% of the Federal Credit Ceiling, calculated as of February first during any calendar year unless imposing this requirement would prevent allocation of all of the available Credit Ceiling. (A) General partner experience. To receive points under this subsection for projects in existence for over 3 years,the applicant must submit a certification from a certified public accountant that the projects for which it is requesting points have maintained a positive operating cash flow, from typical residential income alone (e.g. rents, rental subsidies, late fees, forfeited deposits, etc.) for the year in which each development's last financial statement has been prepared (which must be effective no more than one year prior to the application deadline) and have funded reserves in accordance with the partnership agreement and any applicable loan documents. To obtain points for projects previously owned by the proposed general partner, a similar certification must be submitted with respect to the last full year of ownership by the proposed general partner, along with verification of the number of years that the project was owned by that general partner. This certification must list the specific projects for which the points are being requested. The certification of the certified public accountant may be in the form of an agreed upon procedure report that includes funded reserves as of the report date, which Page 21 Regulations Section 10325 shall be dated within 60 days of the application deadline. Where there is more than 1 general partner, experience points may not be aggregated; rather, points will be awarded based on the highest points f or which 1 general partner is eligible. 1-2 projects in service under 3 years 1 poinUover 3 years 2 points 3-6 projects in service under 3 years 3 pointslover 3 years 4 points 7 or more projects in service under 3 years 5 points/over 3 years 6 points (B) Management Company experience 2-5 projects in service under 3 years 0.5 point/over 3 years 1 point 6-10 projects in service under 3 years 1.5 points/over 3 years 2 points 11 or more projects in service under 3 years 2.5 points/over 3 years 3 points Points in subsections(A)and (B)above will be awarded in the highest applicable category and are not cumulative. For maximum points in either subsection (A) or (B) above, a completed previous participation form for the general partner or for the management agent, respectively must be provided in the application. For points to be awarded in subsection (B), an enforceable management agreement executed by both parties for the subject application must be submitted at the time of application. "Projects" as used in subsections (A)and (B) means multifamily rental affordable developments of over 10 units that are subject to a recorded regulatory agreement, or, in the case of housing on tribal lands, where federal HUD funds have been utilized in affordable rental developments. General Partner and Management Company experience points may be given based on the experience of the principals involved, or on the experience of municipalities or other nonprofit entities that have experience but have formed single-asset entities for each project in which they have participated, notwithstanding that the entity itself would not otherwise be eligible for such points. Alternatively, a management company that provides evidence that the agent to be assigned to the project (either on-site or with management responsibilities for the site) has been certified prior to the application deadline pursuant to a housing tax credit certification examination of a nationally recognized housing tax credit compliance entity on a list maintained by the Committee, may receive 2 points. These points may substitute for other management company experience but will not be awarded in addition to such points. (3) Negative points. Negative points, up to a total of 10 for each project and/or each violation, may be given at the Executive Director's discretion for general partners, oo-developers, management agents, consultants, guarantors, or any member or agent of the Development Team as described in Section 10322(g)(5) for items including, but not limited to: (A) failure to utilize committed public subsidies identified in an application, unless it can be demonstrated to the satisfaction of the Executive Director that the circumstances were entirely outside of the applicant's control; (B) failure to utilize Tax Credits within program time guidelines, including failure to meet the 150 day readiness requirements, unless it can be demonstrated to the satisfaction of the Executive Director that the circumstances were entirely outside of the applicant's control; (C) failure to request Forms 8609 for new construction projects within one year from the date the last building in the project is placed-in-service, or for acquisition/rehabilitation projects, one year from the date on which the rehabilitation was completed; (D) removal or withdrawal under threat of removal as general partner from a housing tax credit partnership; (E) failure to provide physical amenities or services or any other item for which points were obtained (unless funding for a specific services program promised is no longer available); (F) failure to correct serious noncompliance after notice and cure period within an existing housing tax credit project in California; Page 22 Regulations Section 10325 (G) repeated failure to submit required compliance documentation for a housing Tax Credit project located anywhere; (H) material misrepresentation of any fact or requirement in an application; (1) failure of a building to continuously meet the terms, conditions, and requirements received at its certification as being suitable for occupancy in compliance with state or local law, unless it is demonstrated to the satisfaction of the Executive Director that the circumstances were entirely outside the control of the owner; (J) failure to submit a copy of the owner's completed 8609 showing the first year filing; (K) failure to properly notify CTCAC and obtain prior approval of general or limited partner changes, transfer of a Tax Credit project, or allocation of the Federal or State Credit; or (L) certification of site amenities, distances or service amenities that were, in the Executive Director's sole discretion, inaccurate or misleading. Negative points given to general partners, co-developers, management agents, consultants, or any other member or agent of the Development Team may remain in effect for up to two calendar years, but in no event will they be in effect for less than one funding round. Furthermore, they may be assigned to one or more Development Team members, but do not necessarily apply to the entire Team. Negative points assigned by the Executive Director may be appealed to the Committee under appeal procedures enumerated in Section 10330. (4) Housing Needs. (Points will be awarded only in one category listed below) The category selected hereunder shall also be the project category for purposes of the tie-breaker described in subsection 10325(c)(12) below. Large Family Projects 10 points Single Room Occupancy projects 10 points Special Needs Projects 10 points Seniors Projects 10 points At-Risk Projects 10 points (5) tAmenitie97 beyond those required as'additionafthresholds+ Maximum 25 points For site amenities and service amenities'comf>ined 4 (A) Site Amenities: Site amenities must be appropriate to the tenant population served. To receive points the amenity must be in place at the time of application, except under the Balanced Communities Subsection, where the funds for the amenity must be committed and the amenity is planned to be complete when the project is placed in service. Distances must be measured using a standardized radius from the development site determined by the Committee but must not include physical barriers. No more than 15 points will be awarded in this category. Applicants must certify to the accuracy of their submissions and will be subject to negative points in the round in which an application is considered, as well as subsequent rounds, if the information submitted is found to be inaccurate. For each amenity, color photographs, a contact person and a contact telephone must be included in the application. The Committee may employ third parties to verify distances or may have staff verify them. Only one point award will be available in each of the subcategories (1-9) listed below. Amenities may include: 1. Transit Amenities The project is part of a transit-oriented development strategy where there is a transit station, rail station, commuter rail station, or bus station, or bus stop within 1/4 mile from the site with service at least every 30 minutes during the hours of 7-9 a.m. and 4-6 p.m., and the projects density will exceed 25 units per acre 7 points Page 23 i Regulations Section 10325 The site is within 1/4 mile of a transit station, rail station, commuter rail station or bus station, or bus stop with service at least every 30 minutes during the hours of 7-9 a.m.and 4-6 p.m. 6 points The site is within 1/3 mile of a bus stop with service at least every 30 minutes during the hours of 7-9 a.m. and 4-6 p.m. 5 points The site is located within 500 feet of a regular bus stop, or rapid transit system stop. (For rural set-aside projects, full points may be awarded where van or dial-a-ride service is provided to tenants, if costs of obtaining and maintaining the van and its service are included in the budget and the operating schedule is either on demand by tenants or a regular schedule is provided) 4 points The site is located within 1,500 feet of a regular bus stop or rapid transit system stop 3 points Multiple bus lines may not be aggregated for the above points. 2. The site is within 1/4 mile of a public park(1/2 mile for Rural set-aside projects) (not including school grounds unless there is a bona fide, formal joint use agreement between the jurisdiction responsible for the parks/recreational facilities and the school district providing availability to the general public of the school grounds and/or facilities) or a community center accessible to the general public 3 points or within 112 mile(1 mile for Rural set-aside projects) 2 points 3. The site is within 1/4 mile of a public library (1/2 mile for Rural set-aside projects) 3 points orwithin 1/2 mile(1 mile for Rural set-aside projects) 2 points 4. The site is within 1/4 mile of a full scale grocery storelsupermarket where staples, fresh meat, and fresh produce are sold (112 mile for Rural set-aside projects or projects located in inner citi es) 4 points or within 1/2 mile (1 mile for Rural set-aside proj acts or projects located in inner cities) 3 points or site is within 1/4 mile of a convenience market where staples are sold 2 points 5. For a Large Family development, the site is within 1/4 mile of a public elementary, middle, or high school that children living in the development may attend (112 mile for Rural set-aside projects) 3 points or within 1/2 mile(1 mile for Rural set-aside projects) 2 points 6. For a Senior Development, the site Is within 1/4 mile of a daily operated senior center or a facility offering dairy services specifically designed for seniors (not on the development site) (1/2 mile for Rural set-aside projects) 3 points or within 1/2 mile ( 1 mile for Rural set-aside projects) 2 points 7. For a Special Needs or SRO development, the site is located within 1/2 mile of a facility that operates to serve the population living in the development 3 points or within 1 mile 2 points Page 24 Regulations Section 10325 8. TM site is within 1/2 mile (for Rural set-aside projects, 1 mile) of a medical clinic, or hospital (not merely a private doctor's office) 3 points the site is within 1 mile (for Rural set-aside projects1.5 miles) of a medical clinic or hospital 2 points 9. The site is within 1/4 mile of a pharmacy(for Rural projects, 1/2 mile). 2 points or within 1/2 mile(1 mile for Rural projects) 1 point (8) Service Amenities: Amenities must be appropriate to the tenant population served and committed for a minimum of 10 years. Physical space for such amenities must be available when the development is placed-in-service, and the amenities must be available within 6 months of the projecPs placed-in-service date. To receive points in this category, programs must be of a regular, ongoing nature and provided to tenants free of charge, except for day care services. Services must be provided on-site except that projects may use off-site services within 112 mile of the development provided that they have a written agreement with the service provider enabling the development's tenants to use the services free of charge (except for day care and any charges required by law) and that demonstrate that provision of on-site services would be duplicative. Referral services will not be eligible for points. Contracts with service providers must be provided in the application, and service provider experience, evidence that physical space will be provided, and a budget reflecting how the services will be paid for must be included in the application. Having a bona fide service coordinator (not the on-site manager, for example) may count for 5 points in this category, provided that the experience of the coordinator, the duties of the coordinator, and a budget to pay for the coordinator are included in the application. No more than 10 points will be awarded in this category. Amenities may include, but are not limited to: 1. High speed intemet service provided in each unit (as stated above, free of charge to the tenants) 5 points 2.A fter school programs of an ongoing nature for school age children 5 points 3. Educational classes(such as ESL, computer training, etc.) but which are not the same as in 2 above. 5 points 4. Licensed child care providing 20 hours or more per week (Monday through Friday)to residents of the development 5 points 5. Direct client services, such as assistance with activities of daily living, or provision of counseling services, where a contract is in place at the time of application (only for senior, SRO and Special Needs Projects) 5 points 6. Bona fide service coordinator/social worker available 5 points (6) Neighborhood Revitalization. These points will not be available to projects applying under the Rural set-aside. A development must be located in a Neighborhood Revitalization area, as defined in Section 10302(bb) of these regulations where demonstrable evidence, satisfactory to the Executive Director, is submitted showing that a neighborhood revitalization plan has been adopted and specific efforts towards achieving the plan's goals have occurred. Plans should be specific to the neighborhood, and efforts undertaken may include, but are not Page 25 Regulations Section 10325 limited to, existing partnership coalitions with public entities, private sector enterprises, and/or nonprofit community organizations; financing commitments for work to be done in the neighborhood; and/or commencement of a specific neighborhood project. Each application for neighborhood revitalization points must include a drawn-to-scale and scaled for distance map identifying the project and neighborhood revitalization efforts already undertaken as well as those planned. Applications that have received HOPE awards from the U.S. Department of Housing and Urban Development, or located in federally designated Renewal Communities, Empowerment Zones, or Enterprise Communities, or are planned military base re-use projects, or are for projects located on tribal lands, or are located in a State Enterprise Zone will automatically be granted the full maximum points in this category without meeting any other conditions for Neighborhood Revitalization points. Base re-use, as used in this subsection, refers to projects that are located on a military base. Generally, such projects will involve, at least in part, the rehabilitation of already existing buildings on such a base. A project requesting neighborhood revitalization points will not be eligible to receive points in the balanced communities section below. Points for neighborhood revitalization will be awarded as follows, to a maximum of 9 points: Location in a locally designated revitalization area as evidenced by submission of a plan adopted by the jurisdiction, including evidence that the plan for neighborhood revitalization is still in effect, and a drawn-to-scale and scaled for distance map identifying the project and neighborhood revitalization efforts already undertaken as well as those planned. The plan should include findings of need or identification of problems requiring revitalization efforts. 2 points 3rd parry letters from govemmental entities or from non-profit organizations, documenting and substantiating funds committed or expended within the past five years in the neighborhood, as they specifically relate to the revitalization of the neighborhood where the project will be located. Up to 2 points A narrative explaining precisely the nature and extent of the neighborhood's revitalization efforts, how the applicant's project will fit into that framework, and how the proposed project is critical to the neighborhood's revitalization. 2 points A letter from an official in the jurisdiction that delineates the various neighborhood revitalization efforts in the immediate vicinity of the proposed development, both already undertaken and planned, and the funds that have been committed and expended for projects within that immediate neighborhood. Up to 3 points (7) Balanced communities. These points will not be available to projects applying under the Rural set-aside. If a development does not request neighborhood revitalization points, if the local government is providing funds equal to at least 5% of total project costs for the project, and if it meets the other requirements of this subsection, the applicant may request points for balanced communities. For purposes of this scoring factor, land donated as part of an inclusionary housing ordinance which has been in effect for at least one year prior to the application deadline will be the equivalent of a local government providing funds. Points will be awarded,to a maximum of 9, as follows: Submission of evidence from the local government that it has formally adopted initiatives to encourage the creation of affordable rental housing in new growth and/or high income areas and that the project is consistent with those locally adopted initiatives. Such initiatives may include inclusionary zoning ordinances and fair share requirements, as examples, but must include more than adoption of a housing element. 3 points Page 26 Regulations Section 10325 Evidence thatthe project will actually be built adjacent to housing owned and occupied by upper income families,to be shown by either the specific plan demonstrating the proximity of land uses and comparable sales data verifying that average sales prices for homes within a 1/2 mile radius of the site are above 100% of area sales prices, or census data demonstrating that the average income of that census tract is at or above 100% of area median. 2 points The project will reserve at least 10% of its units for tenants with incomes not exceeding 30% of area median income. 2 points The project will reserve at least 20% of its units for tenants with incomes not exceeding 30% of area median income. 3 points The project will reserve at least 30% of its units for tenants with incomes not exceeding 30% of area median 4 points (8) Sustainable building methods. Maximum 8 points A new construction or adaptive reuse project that exceeds Title 24 energy standards by at least 10%. For a rehabilitation project not subject to Title 24, that reduces energy use on a per square foot basis by 25% as calculated using a methodology approved by the California Energy Commission. (4 points). For rehabilitation projects not subject to Title 24 requirements, use of fluorescent light fixtures for at least 75%of light fodures or comparable energy lighting for the projects total lighting (including community rooms and any common space) throughout the compliance period. 2 points Use of Energy Star rated ceiling fans in all bedrooms and living rooms; or use of a whole house fan; or use of an economizer cycle on mechanically cooled HVAC systems. 2 points Use of water-saving fixtures or flow restrictors in the kitchen (2gpm or less) and bathrooms(1.5 gpm or less). 1 point Use of at least one High Efficiency Toilet(1.3 gpf) or dual-flush toilet per unit. 2 points Use of material for all cabinets, countertops and shelving that is free of added formaldehyde or fully sealed on all six sides by laminates and/or a low-VOC primer or sealant(150 g/I or less). 1 point Use of no-VOC interior paint(5 g/I or less). 1 point Use of CRI Green-label, low-VOC carpeting and pad and low-VOC adhesives 25 g/I or less. 1 point Use of bathroom fans in all bathrooms that exhaust to the outdoors and are equipped with a humidistat sensor or timer. 2 points Use of formaldehyde-free insulation. 1 point Use of at least one of the following recycled materials at the designated levels: a) cast-in- place concrete (20% flyash); b) carpet (25%); c) road base, fill or landscape amendments (30%). 1 point Design the project to retain, infiltrate and/or treat on-site the first one-half inch of rainfall in a 24-hour period. 1 point Page 27 Regulations Section 10325 Include in the project specifications a Construction Indoor Air Quality Management plan that requires the following: a) protection of construction materials from water damage during construction; b) capping of ducts during construction; c) cleaning of ducts upon completion of construction; and d) for rehabilitation projects, implementation of a dust control plan that prevents particulates from migrating into occupied areas. 2 points Project design incorporates the principles of Universal Design in at least half of the projecfs units by including: accessible routs of travel to the dwelling units with accessible 34" minimum clear-opening-width entry and interior doors with lever hardware and 42" minimum width hallways; accessible full bathroom on primary floor with 30" x 60" clearance parallel to the entry to 60" wide accessible showers with grab bars, anti-scald valves and lever faucettshower handles, and reinforcement applied to walls around toilet for future grab bar installations; accessible kitchen with 30" x 48"clearance parallel to and centered on front of all major fixtures and appliances. 1 point The proposed project will contain nonsmoking buildings or sections of buildings. Nonsmoking sections must consist of at least half the units within the building, and those units must be contiguous. 1 point To receive these points, the applicant and the project architect or mechanical engineer must certify in the application, which of the items will be included in the project's design and specifications, and further must certify at the project's placed-in-service date that the items have been included and/or that the energy efficiency standard has been met or exceeded. Projects receiving points under this category that fail to meet the requirement will be subject to negative points under Section 10325(c)(3) above. Develop and commit to certifying the project any one of the following programs: Leadership in Energy & Environmental Design (LEED for Homes); Green Communities; or the GreenPoint Rated Multifamily Guidelines. 8 points - (9) Lowest Income in accordance with the table below Maximum 52 points (a) The "Percent of Area Median Income" category may be used only once. For instance, 50% of Income Targeted Units to Total Tax Credit Units at 50% of Area Median Income cannot be used twice for 100% at 50% and receive 50 points, nor can 50% of Income Targeted Units to Total Tax Credit Units at 50% of Area Median Income for 25 points and 40% of Income Targeted Units to Total Units at 50% of Area Median Income be used for an additional 20 points. However,the'Percent of Income Targeted Units" may be used multiple times. For example, 50% of Targeted Units at 50% of Area-Median Income for 25 points may be combined with another 50% of Targeted Units at 45% of Area Median Income to achieve the maximum points. All projects must score at least 45 points in this category to be eligible for 9%Tax Credits. Only projects competing in the Rural set aside may use the 55% of Area median income column Percent of Area Median Income 55 50 45 40 35 30 50 22.5 25 27.5 30 32.5 35 points 45 20 22.5 25 27.5 30 32.5 points 40 17.5 20 22.5 25 27.5 30 points Percent of 35 15 17.5 20 22.5 25 27.5 points Income 30 12.5 15 17.5 20 22.5 25 points Targeted 25 10 12.5 15 17.5 20 22.5 points Units To 20 7.5 10 12.5 15 17.5 20 points Total Tax Credit Units 15 5 7.5 10 12.5 15 17.5 points (exclusive of mgr.'s unit) 10 2.5 5 7.5 10 12.5 15 points Page 28 Regulations Section 10325 (b) A protect that agrees to have at least ten percent (10%) of its units available for tenants with incomes no greater than thirty percent (30%) of area median, and to restrict the rents on those units accordingly, will receive two points in addition to other points received under this subsection. The 30% units must be spread across bedroom size, and measurement will begin using 10% of the largest bedroom size; however,the requirement will not exceed a minimum of 10% of the total number of units in the development. (These points may be obtained by using the 30% section of the matrix.) All projects, except those applying under section 10326 of these regulations, will be subject to the minimum low income percentages chosen for a period of 55 years, unless they receive Federal Tax Credits only and are intended for eventual tenant homeownership, in which case they must submit, at application, evidence of a financially feasible program, incorporating, among other items, an exit strategy, home ownership counseling, funds to be set aside to assist tenants in the purchase of units, and a plan for conversion of the facility to home ownership at the end of the initial 15 year compliance period. In such a case, the regulatory agreement will contain provisions for the enforcement of such covenants. (10) Readiness to Proceed. 20 points will be available to projects that meet ALL of the following, and are able to begin construction within 150 days of the Credit Reservation, as evidenced by submission, within that time, of recorded deeds of trust for all construction financing, except for AHP and MHP funds, payment of all construction lender fees, issuance of building permits (a grading permit does not suffice to meet this requirement) and notice to proceed delivered to the contractor. If no construction lender is Involved, evidence must be submitted within 150 days after the Reservation is made that the equity partner has been admitted to the ownership entity, and that an initial disbursement of funds has occurred. Failure to meet this timeline will result in re scission of the Tax Credit . The following g must be delivered: A enforceable commitment for all construction financing, as evidenced by executed commitment(s) and payment of commitment fee(s); (B) evidence, as verified by the appropriate officials, of site plan approval and that all local land use environmental review clearances (CEQA and NEPA) necessary to begin construction are either f inally approved or unnecessary; (C) evidence of all necessary public approvals except building permits; and (D) evidence of design review approval. In the event that one or more of the above criteria have not been met, 5 points may be awarded for each one that has been met, up to a maximum of 15 points. The 150-day requirements shall not apply to projects that do not obtain the maximum points in this category, for any items for which points are not awarded. (11) State credit substitution. For applicants that agree to exchange Federal Tax Credits for State Tax Credits in an amount that will yield equal equity as if only Federal Tax Credits were awarded. 2 points (12) Tie Breakers If multiple applications receive the same score, the following tie breakers shall be employed: first, if an application's housing type goal has been met in the current funding round in the percentages listed in section 10315, then the application will be skipped if there is another application with the same score and with a housing type goal that has not been met in the current funding round in the percentages listed in section 10315; second, for other than Rural set-aside applications, to fund an application for a project located in a qualified census tract or a federally designated Renewal Community, Empowerment Zone, or Enterprise Community or State Enterprise Zone that has demonstrated that it will contribute to a concerted neighborhood revitalization plan, as evidenced by a score of at least eight (8) points, or a project not located in such an area that has received nine (9) points under section 10325(c)(6) or(7) of these regulations; third, the application with the Page 29 I � Regulations Section 10325 lowest ratio of requested unadjusted eligible basis to total residential project costs, excluding developer fee, total land cost, general partner/sponsor equity/loans or loans from the equity provider. This ratio must not have increased when the project is placed- in-service or negative points will be awarded, and the Tax Credit award may be reduced. (d) Application selection for evaluation. Following the scoring and ranking of project applications In accordance with the above criteria, subject to conditions described in these regulations, reservations of Tax Credits shall be made for those applications of highest rank in the following manner. (1) Set-aside application selection. Beginning with the top-ranked application from the Nonprofit set-aside, followed by the Rural set-aside (funding the RHS program apportionment first), the Small Development set-aside, the At Risk set-aside, and the Special Needs/SRO set-aside, the highest scoring applications will have Tax Credits reserved. No more than one project in a market area as determined by the Committee will be funded in the Rural set-aside during any calendar year. Credit amounts to be reserved in the set-asides will be established at the exact percentages set forth in section 10315. If the last project funded in a set-aside requires more than the credits remaining in that set- aside, such overages in the first funding round will be subtracted from that set-aside in determining the amount available in the set-aside for the second funding round. If Credits are not reserved in the first round they will be added to second round amounts in the same Set Aside. If more Tax Credits are reserved to the last project in a set-aside than are available in that set-aside during the second funding round, the overage will be taken from the Supplemental Set-Aside if there are sufficient funds. If not, the award will be counted against the amounts available from the geographic area in which the project is located. Tax Credits reserved in the small development set-aside, and in the at-risk set- aside shall count within the geographic areas in which the projects funded therein are located. Any unused credits from any Set-Asides will be transferred to the Supplemental Set-Aside and used for Waiting List projects after the second round. Tax Credits reserved in all set-asides shall be counted within the housing type goals. (A) For an application to receive a reservation within a statutory set-aside, there shall be at least one dollar of Credit not yet reserved in the set-aside. (B) If there is a zero or negative amount of Tax Credits in either the Federal or State Tax Credit categories requested by the applicant, the application shall be by- passed in favor of the next highest-ranking application. (C) Except for projects competing in the rural set-aside, which shall not be eligible to compete in geographic area, unless the projects are located within a Geographic Region and no other projects have been funded within the Project's region during the year in question, after a set-aside is reserved all remaining applications competing within the set-aside shall compete in the Geographic Regi on. (2) Geographic Areas selection. Tax Credits remaining following reservations to all set- asides shall be reserved to projects within the geographic areas, beginning with the geographic area having the smallest apportionment, and proceeding upward according to size in the first funding round and in reverse order in the second funding round. The funding order shall be followed by funding the highest scoring application, if any, in each of the ten regions. After each region has had the opportunity to fund one project, TCAC shall award the second highest scoring project in each region, if any, and continue cycling through the regions, filling each geographic area's apportionment. TCAC shall assure that each geographic area receives funding for at least one project in each funding round to the extent that by funding a project in a geographic area, that area will not have exceeded 125% of the amount available in that funding round for the geographic area. Projects will be funded in order of their rank so long as at least 50% of the Tax Credits to be awarded to any single project are available under the applicable Geographical Apportionment, and the 125% limit for the Apportionment as a whole is not exceeded. Credits allocated in excess of the Geographic Apportionments by the application of the Page 30 I