DRAFT Analysis of Impediments to Fair Housing Choice. City of Menifee Haun Road Menifee, CA

Transcription

1 DRAFT Analysis of Impediments City of Menifee Haun Road Menifee, CA

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3 City Council Neil R. Winter Mayor Greg August District 1 Matt Liesemeyer District 2 Mayor Pro Tem Lesa Sobek District 3 John Denver District 4 City Staff Ronald E. Bradley City Manager Bruce Foltz Finance Director

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5 Have you or someone you know experienced discrimination in housing? Know Your Rights If you feel you have experienced discrimination in housing, please contact: Fair Housing Council of Riverside County, Inc Mission Inn Ave. Riverside, CA (951) Riverside Legal Aid 4129 Main Street, Suite 101 Riverside, CA (951) The U.S. Department of Housing and Urban Development Los Angeles Fair Housing and Equal Opportunity Office 300 N. Los Angeles St., Ste Los Angeles, CA

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7 TABLE OF CONTENTS I. EXECUTIVE SUMMARY... I 1 A. Introduction and Background... I 1 B. Methodology and Citizen Participation... I 4 C. Status of Prior Impediments and Recommendations... I 6 D. Current Impediments and Recommendations in Menifee.. I 10 II. COMMUNITY CHARACTERISTICS... II 1 A. Historical Profile... II 1 B. Demographic Profile... II 1 C. Income Profile... II 13 D. Employment Profile... II 17 E. Housing Profile... II 18 F. Special Housing Needs Profile... II 32 III. ANALYSIS OF PRIVATE SECTOR IMPEDIMENTS... III 1 A. Owner Occupied Housing... III 1 B. Rental Housing... III 16 IV. ANALYSIS OF PUBLIC POLICY IMPEDIMENTS... IV 1 A. Land Use Policy... IV 1 B. Development Policy... IV 12 C. Housing Employment Transportation Linkage... IV 19 V. ANALYSIS OF CURRENT FAIR HOUSING ACTIVITY... V 1 A. Fair Housing Education... V 2 B. Fair Housing Enforcement... V 2 C. National Fair Housing Enforcement... V 6 D. State of California Fair Housing Enforcement... V 9 E. Hate Crimes... V 11 F. Fair Housing Legal Status... V 12 VI FAIR HOUSING PLAN... VI 1 APPENDIX A. Signature Page City of Menifee Draft Analysis of Impediments

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9 Executive Summary A. Introduction and Background This Analysis of Impediments (AI) has been prepared to accompany the City of Menifee Consolidated Plan, as required by the U.S. Department of Housing and Urban Development (HUD) under federal Community Development Block Grant (CDBG) statute. Fair housing is a condition in which individuals of similar income levels in the same housing market have like ranges of choice available to them regardless of race, color, ancestry, national origin, age, religion, sex, disability, marital status, familial status, source of income, sexual orientation, or any other arbitrary factor. The AI examines local housing conditions, economics, policies and practices in order to ensure that housing choices and opportunities for all residents are available in an environment free from discrimination. The AI assembles fair housing information, identifies any existing impediments that limit housing choice, and proposes actions to mitigate those impediments. Equal access to housing (housing choice) is vital to meeting essential needs and pursuing personal, educational, employment, or other goals. Recognizing this fundamental right, the City of Menifee is committed to addressing fair housing issues in the City and ensuring equal access to housing for all residents. Fair Housing Laws In an effort to end housing segregation, in 1968 the United States Congress passed the Civil Rights Act, making housing discrimination based on race, sex, national origin, religion, or ethnicity illegal. In 1988, Congress passed the Fair Housing Amendments Act 1, making housing discrimination against families with children and people with disabilities unlawful. The Fair Housing Act also sets accessibility standards for new multi family units and requires reasonable accommodations for people with disabilities. In addition to prohibiting discrimination based on federal laws, the State of California has enacted a number of statutes that mirror and, in certain cases, extend federal fair housing protections. The Unruh Civil Rights Act of and subsequent court decisions require equal access to the accommodations, advantages, facilities, privileges or services of all business establishments regardless of protected status. The courts have interpreted this Act to prohibit any arbitrary discrimination based in any class distinction, regardless of whether or not that basis is enumerated in the Act. The Fair Employment and Housing Act of is the primary state law, which prohibits discrimination in the sale, rental, lease negotiation, or financing of housing based on race, 1 42 U.S. Code 3601 et. seq. 2 California Civil Code, 51 and 52 3 California Government Code City of Menifee I 1 Draft Analysis of Impediments

10 Executive Summary color, religion, sex, marital status, national origin, and ancestry. The California Fair Housing Act of 1992 brought state laws into conformity with the Federal Fair Housing Act of 1988 and added protections for people with a "mental and physical disability" and "familial status. The Act also requires that housing providers allow disabled persons to modify their premises to meet their needs. The Ralph Civil Rights Act of 1976 provides that all persons have the right to be free from any violence, or intimidation by threat of violence, committed against their persons or property because of their race, color, religion, ancestry, national origin, political affiliation, sexual orientation, sex, age, disability, or position in a labor dispute. The Act prohibits violence or threat of the same in rental housing situations. The Banes Civil Rights Act also forbids interference by force or threat with an individual's constitutional or statutory rights in places of worship, housing, and private property. The Federal protected classes include: Disability Family status National origin Race Color Religion Sex The additional State of California protected classes include: Marital status Medical condition Ancestry Source of income Age Sexual orientation Gender identity Gender expression Genetic information Arbitrary discrimination This report considers impediments to fair housing choice experienced by both federal and State of California protected classes. City of Menifee I 2 Draft Analysis of Impediments

11 Executive Summary Defining Fair Housing and Impediments In light of fair housing legislation passed at the federal and state levels as well as consultation with HUD and professionals providing fair housing services, the following definition of fair housing is used for this report: Fair housing is a condition in which individuals of similar income levels in the same housing market having a like range of housing choice available to them regardless of race, color, ancestry, national origin, age, religion, sex, disability, marital status, familial status, source of income, sexual orientation, or any other arbitrary factor. Within the legal framework of federal and state laws and based on the guidance provided by the HUD Fair Housing Planning Guide, impediments to fair housing choice can be defined as: Any actions, omissions, or decisions taken because of age, race, color, ancestry, national origin, age, religion, sex, disability, marital status, familial status, source of income, sexual orientation, or any other arbitrary factor which restrict housing choices or the availability of housing choices; or Any actions, omissions, or decisions which have the effect of restricting housing choices or the availability of housing choices on the basis of age, race, color, ancestry, national origin, age, religion, sex, disability, marital status, familial status, source of income, sexual orientation or any other arbitrary factor. To affirmatively promote equal housing opportunity, a community must work to remove or mitigate identified impediments to fair housing choice. Furthermore, eligibility for the City to receive federal CDBG funds is predicated upon compliance with fair housing laws. Specifically, to receive CDBG funds from HUD, a jurisdiction must: Certify its commitment to actively further fair housing choice; Maintain fair housing records; and Conduct an analysis of impediments to fair housing. The City of Menifee actively furthers fair housing choice through the preparation of this AI, annual funding of a fair housing service provider and active monitoring of all housing units with long term affordability covenants to ensure that fair housing choice is a reality for all Menifee residents and prospective residents. City of Menifee I 3 Draft Analysis of Impediments

12 Executive Summary B. Methodology and Citizen Participation The scope of this AI adheres to the recommended content and format included in Volumes 1 and 2 of the Fair Housing Planning Guide published by the U.S. Department of Housing and Urban Development s Office of Fair Housing and Equal Opportunity. Methodology HUD requires jurisdictions that receive federal funding for community development activities to assess the status of fair housing in their community. As a recipient of CDBG funds, Menifee is required to update the AI every five years and to report the findings and progress in the Consolidated and Performance Evaluation Report (CAPER) submitted to HUD following each program year. The last AI for the City of Menifee was adopted May 1, 2012 for the grants planning period. In that report, there were four impediments identified with eleven planned actions to be taken by the City to address them. The purpose of this report is to review the City s progress toward addressing the four previously identified impediments and to reassess fair housing choice in Menifee after five years has passed. This AI provides an overview of the laws, regulations, conditions or other possible obstacles that may affect access to housing and other services in Menifee. The scope, analysis, and format used in this AI report adheres to recommendations of the Fair Housing Planning Guide published by HUD. The AI contains six chapters: 1. Executive Summary. This chapter provides background on fair housing, methodology, citizen participation, and a summary of the findings and recommendations identified within the report. 2. Community Characteristics. This chapter provides a brief history of the City, a demographic profile, income profile, employment profile, housing profile, special needs housing profile and key maps to provide the baseline information necessary to form a complete understanding of the City. This chapter provides a broad overview and understanding of the community so that housing needs are clearly defined. Community profile information analyzed in this chapter includes data elements required by HUD in the online Consolidated Plan system (the econ Planning Suite) from the American Community Survey (ACS) 5 Year Estimates and the Comprehensive Housing Affordability Strategy (CHAS) covering the same time period. 3. Analysis of Private Sector Impediments. This chapter provides an overview of the private owner occupied housing market and the renter occupied housing market. It examines the private sector impediments to fair housing. City of Menifee I 4 Draft Analysis of Impediments

13 Executive Summary 4. Analysis of Public Policy Impediments. This chapter identifies and analyzes a range of public activities that may impede fair housing choice, including governmental land use, development regulations, and community development activities. Potential impediments to fair housing choice are discussed. 5. Analysis of Current Fair Housing Activity. This chapter includes the current fair housing education, enforcement and legal status of any pending cases currently underway in the City. 6. Conclusions and Recommendations. This chapter provides a summary of major issues and recommendations to further fair housing. This chapter outlines the City s Fair Housing Plan for including specific actions to be taken to address identified impediments within specific timeframes. Citizen Participation The City values citizen input concerning the investment of federal housing and community development resources including CDBG. To solicit public participation, the City held the following citizen participation events: December 12, 2016 community meeting with the Menifee Citizen Advisory Committee (MCAC); December 13, 2016 community meeting with the Quail Valley Community Group; December 20, 2016 community workshop at City Hall with 22 stakeholders and residents; and January 4, 2017 public hearing concerning the Analysis of Impediments and the Consolidated Plan needs at City Hall. Public and private agencies directly or indirectly involved with fair housing issues as well as interested residents were invited to attend and participate in the Community Meetings. Advertisements for these meetings appeared in the local newspaper once a week for five weeks. Additional marketing was through the City s electronic newsletter and by direct solicitation of community groups and stakeholder organizations. The purpose of the community meetings was to provide a background on the scope of the study and solicit input on the most pressing issues affecting housing opportunities in Menifee. The City also surveyed 282 Menifee residents from June 2016 to December 2016 to gather information on what they perceive are the most pressing needs of their community. The survey instrument was available in English and in Spanish. Following the citizen participation process, a draft copy of the AI was made available for public review and comment for a period of 60 days at City Hall and on the City website at Program. City of Menifee I 5 Draft Analysis of Impediments

14 Executive Summary The City Council conducted a public hearing prior to adopting the Draft Analysis of Impediments at its regular meeting on May 3, C. Status of Prior Impediments and Recommendations HUD requires the City to analyze impediments to fair housing choice that were identified in prior AIs to determine if those impediments have been resolved or if they should remain as part of the AI. The 2012 AI identified four impediments and 11 specific actions to address the four impediments Impediment 1: Disabled Access In 2012, the City s AI indicated that the highest number of calls to the Fair Housing Council of Riverside County (FHCRC) over the five years preceding the 2012 AI were calls where the caller claimed discrimination was associated with persons with disabilities. This generally indicates both a shortage of accessible residential units and a lack of understanding of the issue of reasonable accommodation. This impediment is particularly salient given Menifee s large senior and frail elderly populations, which are only expected to increase as the baby boom population ages. Recommended Action 1 Contract with FHCRC for the provision of anti discrimination services. Timeframe: Beginning July 1, 2012 through the term of the Consolidated Plan 2 FHCRC will conduct staff training and community workshops on issues of reasonable accommodation and modifications. Timeframe: A minimum of two trainings/workshops will be conducted during the term of the Consolidated Plan. Status / Outcome ( CAPER) The City contracted with FHCRC for program years 2012, 2013, 2014, 2015 and The City anticipates contracting with a fair housing service provider during the term of the Consolidated Plan. On February 25, 2015, a comprehensive Fair Housing education workshop was held at the City s Kay Ceniceros Senior Center. A total of five (5) attendees went to the workshop. The City intends on hosting at least two (2) additional workshops during the remainder of the Consolidated Plan period. City of Menifee I 6 Draft Analysis of Impediments

15 Executive Summary Recommended Action 3 Offer a rehabilitation grant program that makes homes accessible, safe, and healthy. The main goal is to enable the elderly or persons with disabilities to remain in their homes for an extended period of time. Timeframe: A program of the Consolidated Plan. 4 Continue to enforce Title 24 Disability Access Standards and encourage notification of violations by providing the appropriate forms on the City s webpage. Timeframe: On going and continuous. Status / Outcome ( CAPER) The Minor Home Rehabilitation Grant Program for income eligible senior and/or disabled persons was announced/launched by mid June 2013 and has continued to be included as one of the projects/activities incorporated in each Annual Action Plan including A total of ten (10) projects were completed during the program year period. The City has continuously enforced Title 24 Disability Access Standards and encouraged notification of violations by providing the appropriate forms for submittal to the City s Building & Safety Department Impediment 2: Landlord Tenant Conflicts In 2012, the City s AI indicated that there were 785 calls to FHCRC in the five years preceding the 2012 AI that were classified as landlord tenant conflicts, with the highest number of calls regarding repairs and evictions. Recommended Action 5 Contract with FHCRC for the provision of landlord tenant services including counseling, investigation, mediation and referrals. Timeframe: Beginning July 1, 2012 through the term of the Consolidated Plan Status / Outcome ( CAPER) The City contracted with FHCRC for program years 2012, 2013, 2014, 2015 and The City anticipates contracting with a landlord tenant service provider during the term of the Consolidated Plan. City of Menifee I 7 Draft Analysis of Impediments

16 Executive Summary Recommended Action 6 FHCRC will provide community outreach services to renters and property owners disseminating information, answering questions and conducting workshops regarding fair housing rights and responsibilities. Timeframe: Beginning July 1, 2012 through the term of the Consolidated Plan Status / Outcome ( CAPER) FHCRC continues to provide community outreach services to renters and property owners disseminating information, answering questions, and conducting workshops regarding fair housing rights and responsibilities. The City anticipates contracting with a fair housing service provider for these services during the term of the Consolidated Plan Impediment 3: Access to Fair Housing In 2012, the City s AI indicated that the City is committed to doing what it can to ensure fair housing choice is available for all Menifee residents. Recommended Action 7 Review and revise the zoning ordinance to remove any provisions, language, and requirements that may be discriminatory or in violation of federal fair housing laws. Timeframe: Within two years of adoption of the General Plan as part of the consistency zoning process Status / Outcome ( CAPER) The City formally adopted its first General Plan on December 18, The Housing Element ( ) was adopted on February 5, When the City of Menifee incorporated, the City Council adopted the County of Riverside s Development Code and Ordinance 348 on an interim basis until a new development code could be developed for Menifee. City of Menifee I 8 Draft Analysis of Impediments

17 Executive Summary Recommended Action 8 Review the City s development fee and processing structure to ensure that it does not impose an excessive burden on the construction of housing. Timeframe: During FY Support the efforts of Riverside County to provide information and counseling to new recipients of government rental subsidies. The efforts assist renters in dealing with landlords and finding suitable housing. Status / Outcome ( CAPER) The City issued a Request for Proposal (RFP) in January 2014 for completion of a Development Impact Fee study, to review and establish appropriate development fees. A consultant was selected for completion of the Development Impact Fee study in April May of City staff continues to work with the selected consultant on the completion of the Development Impact Fee study. Tentatively completion date for the study is end of While the original anticipated completion date was end of 2015, additional research required has pushed back completion date to an anticipated date of end of The City continues to support the efforts of Riverside County to provide information and counseling to new recipients of government rental subsidies on an on going basis. Timeframe: On going and continuous 2012 Impediment 4: Homeownership Opportunities In 2012, the City s AI indicated that homeownership provides important advantages that merit continued public support and encouragement of efforts to expand homeownership opportunities. Recommended Action 10 Promote programs offered by Riverside County for first time homebuyers, foreclosure recovery and acquisition assistance. Timeframe: On going and continuous Status / Outcome ( CAPER) On June 18, 2016, a First Time Homebuyer s Workshop was held at Menifee City Hall. The City continues to promote programs offered by Riverside County for first time homebuyers. City of Menifee I 9 Draft Analysis of Impediments

18 Executive Summary Recommended Action 11 FHCRC will provide first time homebuyer education services including one on one counseling and workshops to give buyers the tools they need to avoid predatory lending and possible foreclosure. Topics include: the importance of budgeting, qualifying for a home loan, finding a lender, finding the right home, and credit and predatory lending. Timeframe: Beginning July 1, 2012 through the term of the Consolidated Plan. Status / Outcome ( CAPER) FHCRC continues to provide first time homebuyer education services as needed. On June 18, 2016 the City of Menifee in collaboration with FHCRC hosted a comprehensive First Time Homebuyers Workshop at Menifee City Hall. A total of approximately twenty (25) five participants attended the workshop. As of August 2014, the City of Menifee participates as part of the County of Riverside s Mortgage Certificate Credit Program (MCC) which entitles qualified home buyers to reduce the amount of their federal income tax liability by an amount equal to a portion of the interest paid during the year on a home mortgage. Each year, the City of Menifee contracts with a fair housing service provider to provide fair housing education and general housing services to residents in an effort to prevent incidences of discrimination including but not limited to those listed above. Based on the results of this AI, all four of the prior identified impediments are carried over into the Fair Housing Plan in Chapter 6 of this AI so that the City and its contracted fair housing service provider may continue to ensure that these impediments are adequately addressed. D. Current Impediments and Recommendations In addition to the four impediments described previously, this AI revealed one additional impediment related to Transit Access. Transit provides elderly people, low income people, youth, and others access to jobs, medical facilities, parks, housing, and public services. Based on mapping in Chapter 4 of this AI, there are a number of major employer locations and public facilities in the northeast quadrant of the City that are not located within onehalf mile from a transit line. These most notably include Menifee Valley Medical Center, the Homeland Library and several park and recreational facilities located near the intersections of Menifee Road/Simpson and Simpson/Briggs Road. This AI concludes with a Fair Housing Plan in Chapter VI that includes a total of five impediments containing 16 specific recommended actions to address the five impediments. Areas of significant expansion beyond the AI include land use and zoning (Impediment 3) and the addition of the transit access impediment (Impediment 5). City of Menifee I 10 Draft Analysis of Impediments

19 Community Characteristics A. Historical Profile The City of Menifee is located in southwestern Riverside County approximately 30 miles southeast of the City of Riverside. The City encompasses about 50 square miles with an overall population of nearly 80,000 persons. It is generally bordered on the north, west, and south by the Cities of Perris, Canyon Lake, Lake Elsinore, and Murrieta and on the southwest by the City of Wildomar. To the east and northeast, the City is bordered by unincorporated county territory. Mining activity began in Menifee in the early 1880s with the discovery of a significant quartz lode by miner Luther Menifee Wilson, after whom the City was named. Menifee is a City comprised of a collection of independently established communities. The City of Menifee offers a variety of distinctive living environments defined by topography, history, and ruralsuburban settings. Early development of the Menifee area began with Sun City in the early 1960s as the concept of an active retirement community master planned and built by Del Webb. Romoland was established in the late 1800s as a predominantly agricultural community. Quail Valley is a hilly and isolated residential community in west Menifee. Bell Mountain and other areas south of Garbani Road offer residents a more rural setting. The Paloma Valley encompasses master planned communities in Menifee. Menifee continues to be one of the fastest growing communities in California. The City of Menifee is one of California s newest incorporated communities, having incorporated in October B. Demographic Profile 1 Population Trends Menifee is a fast growing city in Riverside County, California. From , the City s population increased by 300 percent from 19,884 to 79,604 and the number of households increased by 191 percent from 9,188 to 26,818. By January 1, 2016, the City had grown to 89,004 residents as outlined in Table II 1. The median household income for 2000 is not available since the City was not incorporated at that time. In 2013, the median income was $54,903. Of the 26,818 households, 14,105 or 52 percent, earn less than the area s median income (AMI) and 10,495, or 39 percent, earn less than 80 percent of AMI. (Note: Area means the San Bernardino Riverside Metropolitan Statistical Area.) 1 This chapter provides a broad overview and understanding of the community so that housing needs are clearly defined. Community profile information analyzed in this chapter includes data elements required by HUD in the online Consolidated Plan system (the econ Planning Suite) from the and American Community Survey (ACS) 5 Year Estimates and the Comprehensive Housing Affordability Strategy (CHAS) covering the same time period. City of Menifee II 1 Draft Analysis of Impediments

20 Community Characteristics Demographics Table II 1 Population Growth Trends Base Year: 2000 Most Recent Year: 2013 Percent Change Population 19,884 79, % Households 9,188 26, % Median Income N/A $54,903 N/A Source: U.S. Census, 2000 and ACS, (Most Recent Year). Age and Sex Characteristics As shown in Table II 2, the age distribution of Menifee residents in 2009 stayed consistent with the distribution in 2013 with the exception of a growing senior population (Ages: 65 74) that increased in proportion from 8.5 percent in 2009 to 10.4 percent of Menifee s population in According to the 2013 ACS, the median age in Menifee is 38 years, which is 2.9 years younger than the countywide median age of 34.5 years. The largest age group remains young adults ages 25 to 34. The number of male residents increased at a faster rate than females from 2009 to Table II 2 Age and Sex Characteristics and Trends Percent Age Group Percent of Percent of Change in Persons Persons Total Total Persons < 5 4, % 5, % 10.5% 5 to 9 5, % 5, % 3.2% 10 to 14 5, % 5, % 7.3% 15 to 19 4, % 5, % 26.8% 20 to 24 3, % 4, % 22.2% 25 to 34 8, % 10, % 19.2% 35 to 44 9, % 9, % 0.2% 45 to 54 7, % 9, % 24.9% 55 to 59 3, % 4, % 38.0% 60 to 64 4, % 4, % 2.6% 65 to 74 5, % 8, % 38.3% 75 to 84 5, % 5, % 8.6% 85+ 1, % 1, % 5.8% Total: 70,276 79,604 Male 33,961 48% 38,753 49% 14.1% Female 36,315 52% 40,851 51% 12.5% Source: U.S. Source: ACS, and ACS, City of Menifee II 2 Draft Analysis of Impediments

21 Community Characteristics Race and Ethnicity Menifee s growth is also reflected in terms of race and ethnicity. From 2009 to 2013, each of the racial groups increased in size in Menifee, with the exception of Some other Race. The three fastest growing racial groups include American Indian & Alaskan Native (90.1 percent increase), Black or African American (85.9 percent increase), and Native Hawaiian & Other Pacific Islander (65.5 percent) according to data in Table II 3. The White race group accounted for the largest numeric increase in the City s population, increasing from 51,801 residents to 63,676 residents. Additionally, the Hispanic or Latino segment of the population increased by 4,700 residents and currently comprises of 22.4 percent of the City s population. Race Table II 3 Race and Ethnicity Trends 2009 ACS 2013 ACS Change # % # % # % White 51, % 63,676 80% +11, % Black or African American 3, % 5, % +2, % American Indian & Alaskan Native % 1, % % Asian 3, % 5, % +1, % Native Hawaiian & Other Pacific Islander % 518 1% % Some other Race 10, % 6,838 9% 3, % Total 70,276 79,604 +9,328 Ethnicity 2009 ACS 2013 ACS Change # % # % # % Hispanic or Latino 20,962 30% 25,662 32% +4, % Not Hispanic or Latino 49,314 70% 53,942 68% +4, % Source: ACS, and ACS, Racial Integration According to the ACS, the three largest racial groups include White (80 percent), Some other Race (9.0 percent) and Black or African American (7.1 percent). In addition, an increasing number of people identify themselves as being of Hispanic or Latino ethnicity (32.0 percent). Based on this information and Maps I 1 through II 8 on the following pages, Menifee is a multi cultural community with people of different race or ethnicity living together throughout the City. City of Menifee II 3 Draft Analysis of Impediments

22 Community Characteristics Map II 1 White Alone (not Hispanic) Source: HUD CPD Maps City of Menifee II 4 Draft Analysis of Impediments

23 Community Characteristics Map II 2 Asian Source: HUD CPD Maps City of Menifee II 5 Draft Analysis of Impediments

24 Community Characteristics Map II 3 Black or African American Source: HUD CPD Maps City of Menifee II 6 Draft Analysis of Impediments

25 Community Characteristics Map II 4 Native Hawaiian / Pacific Islander Source: HUD CPD Maps City of Menifee II 7 Draft Analysis of Impediments

26 Community Characteristics Map II 5 American Indian / Alaska Native Source: HUD CPD Maps City of Menifee II 8 Draft Analysis of Impediments

27 Community Characteristics Map II 6 Some Other Race Source: HUD CPD Maps City of Menifee II 9 Draft Analysis of Impediments

28 Community Characteristics Map II 7 Two or More Races Source: HUD CPD Maps City of Menifee II 10 Draft Analysis of Impediments

29 Community Characteristics Map II 8 Ethnic Demographic: Persons of Hispanic Origin Source: HUD CPD Maps City of Menifee II 11 Draft Analysis of Impediments

30 Community Characteristics Household Profile Information on household characteristics increases understanding of changing housing needs. The Census Bureau defines a household as all persons who occupy a housing unit, which may include single persons living alone, families related through marriage or blood, and unrelated individuals living together. People living in retirement or convalescent homes, dormitories, or other group living situations are not considered households. Table II 4 shows the number of households by family type in 2009 and 2013 and the average household size in the City. According to the ACS, the proportion of family households increased slightly to 70.6 percent from 69.0 percent at the time of the 2010 Census, which is reflective of the increase in the number of Other Families households from 12.4 percent to 16.2 percent of all households. Household size identifies sources of population growth as well as the potential for overcrowding in individual housing units. The average household size in a community generally increases when the number of families increases and declines when the population is aging. According to data in Table II 4, the City s average household size increased slightly from 2.8 to 2.96 persons per household. This modest increase is attributable to a more rapid increase in the number of Householder not living alone in nonfamily households relative to the increase of family households. Additionally, the largest growth among family households from 2009 to 2013 was in Other Families within family households. Household Type Family Households Table II 4 Household Characteristics Percent Change Number Percent Number Percent Married coupled family 14, % 14, % 3.1% Other Families 3, % 4, % 39.7% Non Family Households Householder living alone 6, % 6, % 0.8% Householder not living alone 1, % 1, % 16.0% Total 25, % 26, % 7.2% Average Household Size Source: ACS, and ACS, City of Menifee II 12 Draft Analysis of Impediments

31 Community Characteristics C. Income Profile The data in Table II 5 indicates the number of households by Area Median Income (AMI) level. The five income categories include: Extremely Low Income (0 30 percent of County AMI) Low Income (31 50 percent of County AMI) Moderate Income (51 80 percent of County AMI) Middle/Upper Income ( percent of County AMI) Upper Income (greater than 120 percent of County AMI) From 2009 to 2013, the number of households earning income increased at each level with the exception of households earning between $10,000 and $24,999 and between $100,000 and 149,000. During this period, the number of Menifee households earning $75,000 and $99,999, $150,000 or more and $200,000 or more increased by 5,851 households and the number of households earning less than $10,000, $15,000 or $25,000 increased by only 5,176 households. The $50,000 to $74,999 segment increased by 693 households the largest increase of all categories. Table II 5 Number of Households by Income Level Household Income Level Percent Change Extremely Low Low Less than $10, , % $10,000 to $14,999 1,363 1, % $15,000 to $24,999 3,084 2, % $25,000 to $34,999 2,857 2, % $35,000 to $49,999 3,663 4, % Moderate $50,000 to $74,999 4,714 5, % Middle Upper $75,000 to $99,999 3,595 4, % $100,000 to $149,999 3,456 3, % $150,000 to $199,999 1,052 1, % $200,000 or more % Total: 25,007 26, % Source: ACS, and ACS, City of Menifee II 13 Draft Analysis of Impediments

32 Community Characteristics Based on CHAS data, 39 percent of all households in the City of Menifee earned less than 80 percent of HAMFI, with 13 percent earning between percent of HAMFI and 48 percent of all households earning more than HAMFI. Household Type Table II 6 Household Income Characteristics 0 30% HAMFI >30 50% HAMFI >50 80% HAMFI >80 100% HAMFI >100% HAMFI Total Households * 2,195 3,070 5,225 3,605 12,720 Small Family Households * ,390 1,280 6,330 Large Family Households * ,080 Household contains at least one person ,635 1,150 2,710 years of age Household contains at least one person age 560 1,070 1, , or older Households with one or more children 6 years old or younger * ,220 * the highest income category for these family types is >80% HAMFI Source: CHAS Map II 9 illustrates that each of the Census Tracts in the City of Menifee has a median household income of $38,459 or more with the exception of the four Census Tracts between Quail Valley and Sun City. Similarly, analysis of Map II 10 showing the CDBG Low and Moderate income areas by census tract and block group where uses of these type of grant funds are being utilized to provide public services and capital improvement projects. Based on evaluation of CPD Maps data, there is just one larger area within the City exhibiting a concentration of low and moderate income families that is in between both Quail Valley and Sun City. City of Menifee II 14 Draft Analysis of Impediments

33 Community Characteristics Map II 9 Median Household Income Source: HUD CPD Maps City of Menifee II 15 Draft Analysis of Impediments

34 Community Characteristics Map II 10 CDBG Low and Moderate Income Area Map Source: 2010 Census City of Menifee II 16 Draft Analysis of Impediments

35 Community Characteristics D. Employment Profile Local economic characteristics, although not directly related to fair housing, influence local housing needs. Economic characteristics include the types of jobs available within Menifee, the way residents access jobs (e.g., auto, transit), occupations held by residents and their household income. This section explores economic trends and characteristics in Menifee as a means to identifying and understanding local housing needs. Major Employers Of Menifee s top 10 employers in 2016, Menifee Union School District represented percent of the City s employment with 1,000 employees. Menifee s location in Riverside County and lack of resources such as highly sought after, industry oriented occupations and high density retail and commercial businesses has made many residents commute longer distances or to nearby cities such as Temecula or Murrieta, to shop, dine, and work. Name of Business or Institution Table II 7 Major Employers in Menifee Number of Employees % of Total City Employment Type of Business Menifee Union School District 1, % Education Mt. San Jacinto College District % Education Romoland Elementary School District % Education Sodexo % Food Operations Menifee Valley Medical Center % Medical Target Corporation % Retail Datatronics % Technology Southern California Edison % Technology United Parcel Service % Postage/Mail Stater Brothers % Retail Total Employees with Major Employers:: 3, % Source: Comprehensive Annual Financial Report. Jobs Held by Residents According to the ACS, percent of residents over the age of 16 were in the labor force. An estimated percent were unemployed. Table II 8 shows the occupation of residents, number of residents in each category and percentage employed by each occupation. Of particular note is the high proportion of managerial or professional and sales or office occupations held by Menifee residents. City of Menifee II 17 Draft Analysis of Impediments

36 Community Characteristics Occupations of Residents Table II 8 Occupation Characteristics Number of Residents % Employed by Occupation Management, Business and Financial 5, % Farming, Fisheries and Forestry occupations 3, % Service 4, % Sales and Office 8, % Construction, Extraction, Maintenance and Repair 3, % Production, Transportation, and Material Moving 1, % Total: 27, % Source: ACS, According to the ACS, Menifee s journey to work patterns closely mirrored the patterns evidenced in Riverside County, where 82 percent of workers drive to work alone. In Menifee, 54 percent of workers drive commute 30 minutes or more for work. The other 46 percent of the workforce have less than a 30 minute commute for work. E. Housing Profile Fair housing is concerned with the availability of a range in types and prices of housing. This section provides an overview of the housing market and the dynamics affecting housing availability. Later sections of this AI build on this analysis and evaluate the City s Zoning Ordinance and land use regulations to assess the status of fair housing in the community. Available Housing Units Reflecting population growth between 2009 and 2013, Menifee s housing inventory expanded by 8.0 percent over the same time period, which is higher than the 7.5 percent increase Countywide. Table II 9 shows housing growth trends in Menifee as compared to nearby jurisdictions and the County as a whole. City of Menifee II 18 Draft Analysis of Impediments

37 Community Characteristics Table II 9 Housing Growth Trends, (Housing Units) Community Percent Change Lake Elsinore 14,934 16, % Menifee 27,201 29, % Murrieta 31,941 34, % Temecula 30,583 33, % Wildomar 9,882 10, % Riverside County 749, , % Source: U.S. Census, 2009 and ACS, Housing Characteristics According to the ACS, Menifee has 29,372 occupied housing units. Of these units, 69.8 percent are owner occupied and 21.4 percent are renter occupied. Table II 10 describes the City s housing inventory in Vacancy rates are an indicator of housing needs. While vacancies help moderate housing costs, excess vacancies depress rents and home values. Generally, an optimal vacancy rate is 1.5 percent to 2.0 percent in the for sale market and 5.0 percent to 6.0 percent for the rental market. %). Due to the recovery and a decrease in the vacancy rate that was in excess of 8 percent in No data on the vacancy rate is available for Menifee in 2017, but it is estimated to be around 4 percent based on data in the region. Table II 10 Housing Supply: Units in Structure by Tenure Property Type Number % 1 unit, detached structure 24,601 84% 1 unit, attached structure 724 3% 2 4 units 425 1% 5 19 units 475 2% 20 or more units 405 1% Mobile Home, boat, RV, van, etc. 2,742 9% Total 29, % Source: ACS, City of Menifee II 19 Draft Analysis of Impediments

38 Community Characteristics Housing Conditions Like most other physical assets, housing gradually deteriorates over time. If not regularly maintained, housing can deteriorate into disrepair, depress neighboring property values, discourage reinvestment, and eventually impact quality of life in an entire neighborhood. Maintaining quality housing is thus an important community goal. This section therefore analyzes and discusses the age and condition of Menifee housing and neighborhoods. Table II 11 and Graph II 1 indicates the number of homes built in Menifee by tenure. As of 2011, approximately 77.2 percent of the housing was at least 36 years old. Generally, homes older than 30 years begin to require major investments to maintain quality. Improvements typically needed include siding, painting, and roofing among others. After 50 years, homes typically need new plumbing electrical systems, mechanical systems, leadremoval, and other major repairs. Year Structure Built Built 2000 or later Built Built Built 1949 or earlier # Table II 11 Age of Housing Stock: Year Unit Built by Tenure Owner Renter Total Units Share Share of Share of Share of # of # % Category Owner Category Rental 8, % 43.2% 2, % 36.5% 11, % 7, % 35.2% 2, % 37.0% 9, % 4, % 20.3% 1, % 25.3% 5, % % 1.4% % 1.2% % Total: 20, % 100% 6, % 100% 26, % Source: ACS, City of Menifee II 20 Draft Analysis of Impediments

39 Community Characteristics Graph II 1 Age of Housing Stock: Year Unit Built Graph II 1 Age of Housing Stock: Year Unit Built 45.00% 40.00% 35.00% 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% Source: ACS, Preservation of the physical and functional integrity of existing housing units occupied by low and moderate income households is a cost effective way to invest limited resources to retain existing housing units that are already affordable to low and moderate income households in the community. Addressing substandard housing conditions through housing preservation activities provide that all economic segments of the community have the means to ensure that their property meets local standards and that all Menifee residents have the opportunity to live in decent housing. HUD Defined Housing Problems In 2012, the U.S. Department of Housing and Urban Development (HUD) released Comprehensive Housing Affordability Strategy (CHAS) data based on special tabulations of five year ACS estimates. CHAS data helps local agencies assess local trends in housing needs and problems. Table II 12 displays the number of households earning less than 100 percent of the area median income who have at least one of the housing problems listed below. According to CHAS, the four most common housing problems in Menifee include lack of kitchen or complete plumbing facilities, overcrowding, severe overcrowding, cost burden and severe cost burden. The most prevalent housing problem for households in Menifee is cost burden and severe cost burden due to the high cost of housing. City of Menifee II 21 Draft Analysis of Impediments

40 Community Characteristics Table II 12 Housing Problems: Households Earning Less than 100% AMI 0 30% AMI NUMBER OF HOUSEHOLDS Substandard Housing Lacking complete plumbing or kitchen facilities Severely Overcrowded With >1.51 people per room (& complete kitchen and plumbing) Overcrowded With people per room (& none of above problems) Housing cost burden greater than 50% of income (& none of above problems) Housing cost burden greater than 30% of income (& none of above problems) Zero/negative Income (and none of above problems) >30 50% AMI Source: CHAS, Renter >50 80% AMI >80 100% AMI Total 0 30% AMI >30 50% AMI Owner >50 80% AMI >80 100% AMI Total , , , , City of Menifee II 22 Draft Analysis of Impediments

41 Community Characteristics Table II 13 displays households with one or more severe housing problems, which includes lacking kitchen or complete plumbing, severe overcrowding, and/or severe cost burden. Table II 13 Housing Problems: Households with One or More Severe Housing Problems 0 30% AMI NUMBER OF HOUSEHOLDS Having 1 or more of four housing problems >30 50% AMI Renter >50 80% AMI >80 100% AMI Total 0 30% AMI >30 50% AMI Owner >50 80% AMI >80 100% AMI Total , ,060 Having none of four housing , ,800 2,320 6,440 problems Household has negative income, but none of the other housing problems Source: CHAS, Cost Burden Housing cost burden is a situation where a household pays more than 30 percent of their income for housing costs. Severe housing cost burden occurs when a household pays more than 50 percent of their income for housing costs. Table II 14 shows the number of households by tenure and income level who pay more than 30 percent of income for housing. Table II 15 shows the number of households by tenure and income level who pay more than 50 percent of income for housing. City of Menifee II 23 Draft Analysis of Impediments

42 Community Characteristics Table II 14 Cost Burden: Households Paying More than 30 Percent of Income for Housing 0 30% AMI NUMBER OF HOUSEHOLDS >30 50% AMI Renter >50 80% AMI Total 0 30% AMI >30 50% AMI Owner >50 80% AMI Small Related , ,060 Large Related Elderly , ,765 Other Total need by 795 1,035 1,090 2, ,120 1,935 3,940 income Source: CHAS, Table II 15 Severe Cost Burden: Households Paying More than 50 Percent of Income for Housing 0 30% AMI NUMBER OF HOUSEHOLDS >30 50% AMI Renter >50 80% AMI Total 0 30% AMI >30 50% AMI Owner >50 80% AMI Small Related Large Related Elderly Other Total need by , ,430 income Source: CHAS, Overcrowding U.S. Census and HUD data measure housing overcrowding in terms of the number of persons per room in a given dwelling unit because many datasets contain data on the number of rooms in a dwelling. While room sizes may vary considerably, custom and building codes establish a de facto or minimum size for rooms to be considered healthy and safe. A standard of one person per room is intuitive especially when considering occupancy of the rooms which are pressed into service as sleeping quarters. These non traditional sleeping quarters may provide a modicum of privacy to the occupant, but are likely considered less than ideal by the occupant. A standard of more than one will not address privacy concerns and relative room preferences e.g., a single person sleeping in a living Total Total City of Menifee II 24 Draft Analysis of Impediments

43 Community Characteristics room will have less privacy compared to a bedroom with a single person. 2 Other standards applied locally may alternatively evaluate the number of persons per bedroom. The data presented in Table II 16 uses the persons per room measure of housing overcrowding. Table II 16 displays overcrowded households by income level. The average household size in Menifee was 2.96 in 2.8 and it slightly increased to 2.96 in There are 652 instances of overcrowding in Menifee, single family Owner households earning 0 80 percent of AMI are more likely to experience overcrowded housing conditions due in large part to housing affordability issues. Table II 16 Overcrowding Problems: More than One Person Per Room Renter Owner 0 30% >30 >50 >80 Total 0 30% >30 >50 >80 Total AMI 50% AMI 80% AMI 100% AMI AMI 50% AMI 80% AMI 100% AMI NUMBER OF HOUSEHOLDS Single family households Multiple, unrelated family households Other, nonfamily households Total need by income Source: CHAS, Measuring Overcrowding in Housing, U.S. Department of Housing and Urban Development, September City of Menifee II 25 Draft Analysis of Impediments

44 Community Characteristics For Sale and Rental Housing Prices Table II 17 shows the median sales price for single family homes and condominiums in Menifee for the 2016 calendar year. Zip Code Sales of Single Family Homes Table II 17 Median Sales Prices 2016 Single Family Homes Condominiums SFR Only Price Median SFR ($1,000) Price % Change Sales Count Condos Price Median Condos ($1,000) Price % Change Median Home Price/ Sq. Ft $ % 0 N/A N/A $150 Source: Dataquick / L.A. Times, Table II 18 lists the Fair Market Rents for Riverside County for 2013, as a basis of comparison to the ACS data used in this AI and in the Consolidated Plan. Table II 18 Riverside County Fair Market Rents Final FY 2013 FMRs by Unit Bedrooms Efficiency 1 BR 2 BR 3 BR 4 BR $763 $879 $1,116 $1,577 $1,924 Source: Fair Market Rent Documentation System, Disproportionately Greater Need HUD requires all grantees to compare and assess the need for housing for any racial or ethnic group present in the community. A disproportionately greater need exists when the members of racial or ethnic group at an income level experiences housing problems at a greater rate (10 percent or more) than the income level as a whole. For example, when evaluating 0 30 percent of AMI households, if 50 percent of the households experience a housing problem, but 60 percent or more of a particular racial or ethnic group of households experience housing problems, that racial or ethnic group has a disproportionately greater need. Tables II 19 through II 22 below provide data from the Comprehensive Housing Affordability Strategy (CHAS) from HUD delineating the prevalence of housing problems for households by income level and by race or ethnicity. City of Menifee II 26 Draft Analysis of Impediments

45 Community Characteristics The housing problem definitions include: 1. Lacks complete kitchen facilities: Household lacks a sink with piped water, a range or stove, or a refrigerator 2. Lacks complete plumbing facilities: Household lacks hot and cold piped water, a flush toilet and a bathtub or shower 3. Overcrowding: A household is considered to be overcrowded if there are more than 1.01 people per room. 4. Cost burden: A household is considered cost burdened if the household pays more than 30% of its total gross income for housing costs. For renters, housing costs include rent paid by the tenant plus utilities. For owners, housing costs include mortgage payment, taxes, insurance, and utilities. Housing Problems Table II 19 Housing Problems 0 30 Percent of Area Median Income Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 1, White 1, Black/African American Asian American Indian, Alaska Native Pacific Islander Hispanic Source: CHAS, City of Menifee II 27 Draft Analysis of Impediments

46 Community Characteristics Housing Problems Table II 20 Housing Problems Percent of Area Median Income Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 2,610 1,010 0 White 1, Black / African American Asian American Indian, Alaska Native Pacific Islander Hispanic Source: CHAS, Housing Problems Table II 21 Housing Problems Percent of Area Median Income Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 3,230 2,190 0 White 1,614 1,625 0 Black/African American Asian American Indian, Alaska Native Pacific Islander Hispanic 1, Source: CHAS, City of Menifee II 28 Draft Analysis of Impediments

47 Community Characteristics Housing Problems Table II 22 Housing Problems Percent of Area Median Income Has one or more of four housing problems Has none of the four housing problems Household has no/negative income, but none of the other housing problems Jurisdiction as a whole 1,905 1,485 0 White 990 1,215 0 Black/African American Asian American Indian, Alaska Native Pacific Islander Hispanic Source: CHAS, Based on the above maps, all racial and ethnic groups are evenly spread throughout the City with the exception of three original communities of Menifee. The two older communities of Quail Valley and Romoland have higher concentrations of Hispanics and one census tract within Sun City has a higher concentration of Whites. Based on this analysis, the following racial or ethnic groups were found to have a disproportionately greater level of housing problems relative to the percentage of all households in the given income category experiencing housing problems: Pacific Islander households with incomes percent and percent of AMI American Indian / Alaska Native households with incomes percent of AMI American Indian / Alaska native households with incomes from percent of AMI with housing problems represent 0.94 percent of all households of similar income with housing problems. Additionally, Pacific Islander households with incomes from percent and percent of AMI with housing problems represent 0.57 percent of all households of similar income with housing problems. Affordable Housing A barrier to affordable housing is a public policy or nongovernmental condition that constrains the development or rehabilitation of affordable housing. Barriers can include land use controls, property taxes, state prevailing wage requirements, environmental protection, land cost and availability of monetary resources. Barriers to affordable housing City of Menifee II 29 Draft Analysis of Impediments

48 Community Characteristics are distinguished from impediments to fair housing choice in the sense that barriers are lawful and impediments to fair housing choice are usually unlawful. Based on information gathered during community meetings, the Consolidated Plan Needs Assessment Survey and the Housing Element, the primary barriers to affordable housing in Menifee are the lack of monetary resources necessary to develop and sustain affordable housing. The two barriers are related in the sense that demand for affordable housing exceeds the supply and insufficient resources are available to increase the supply of affordable housing to meet demand. For low and moderate income households, finding and maintaining decent affordable housing is difficult due to the high cost of housing in Menifee and throughout the region in general. Over 27 percent of the City's 31,368 households experience a cost burden or severe cost burden, meaning that they pay more than 30 or 50 percent of their income for housing, respectively. Consistent with available data, responses to the Consolidated Plan Needs Assessment Survey indicate a high need for additional affordable housing in Menifee. In the last five years, the elimination of local Redevelopment Agencies by the State of California resulted in the loss of a crucial resource for the development and preservation of affordable housing. This was the most significant public policy change impacting affordable housing and residential investment. While there are mechanisms whereby certain affordable housing assets tied to the former Redevelopment Agencies may be utilized today, these resources are finite and scarce. The alternative financing tool to redevelopment has been tax credit projects. According to the City s Housing Element, it has been the City s experience that while there have been some tax credit projects in Menifee, these projects tend to be geared toward large cities and developed suburban cities. This has often left cities such as Menifee without sufficient points to effectively compete for these limited resources. At the state level, the Housing and Community Development Department (HCD) estimates the relative share of California s projected population growth that would occur in each county based on California Department of Finance population projections and historical growth trends. These figures are compiled by HCD in a Regional Housing Needs Assessment (RHNA) for each region of California. The regional government provides affordable housing goals for each city. Despite the barriers described above, the City has exceeded its FHNA affordable housing goals except for very low income housing, according to the Housing Element with its recent development and land set aside in their land use element and zoning ordinance. New RHNA goals have been set for Table II 23 below summarizes the affordable housing inventory in Menifee. City of Menifee II 30 Draft Analysis of Impediments

49 Community Characteristics Table II 23 City of Menifee Affordable Housing Source: City of Menifee Housing Element. City of Menifee II 31 Draft Analysis of Impediments

50 Community Characteristics F. Special Housing Needs Profile Certain residents have more difficulty finding decent and affordable housing or receiving fair housing treatment due to special circumstances that may include employment and income, family type, disability, or other characteristics. In Menifee, special need groups include seniors, people with disabilities, single parents and large families. In recognition that each individual has different housing needs, state and federal laws encourage jurisdictions to provide a continuum of housing options. Table II 24 summarizes the level of special needs groups in Menifee. The following discussion describes and analyzes the housing needs of each group. Data from the ACS shows the size of special needs groups in Menifee. Special Needs Table II 24 Special Needs Groups in Menifee Number 2013 Percent of City Senior Citizens (People) 15, % Senior Citizens (Present in Household) 1 13, People with a Disability 2 10, % Single Parents with Children 3 3, % Large Households 4 3, % Source: ACS, unless otherwise noted 1. Percent of households with a member age 60 or older 2. Percent of residents older than 18 with a disability ( ACS) 3. Percent of households with single parents with own children under age Percent of households with five or more members residing in a home, based on CHAS data. Special needs populations consist of persons who are not homeless, but due to various reasons, are in need of services and supportive housing. Persons with special needs include, but are not limited to, the elderly, frail elderly, severe mentally ill, developmentally disabled, physically disabled, persons with alcohol or other drug addictions, persons with HIV/AIDS and victims of domestic violence. The City of Menifee will consider allocating CDBG public service funding to various programs that address the needs of the above populations. To determine the level of need and types of services needed by special needs populations, the City conducted surveys, consulted with local service providers and reviewed ACS data. Supportive services required for special needs populations include case management, medical or psychological counseling and supervision, childcare, transportation and job City of Menifee II 32 Draft Analysis of Impediments

51 Community Characteristics training provided for the purpose of facilitating a person s stability and independence. In housing, accessibility modifications to accommodate persons with mobility disabilities may include, but are not limited to, wider doorways, no step thresholds and the installation of ramps, grab bars, lowered countertops and accessible hardware. The needs of residents with sensory disabilities are different from those with mobility disabilities. Individuals with hearing disabilities require visual adaptations for such items as the telephone ringer, the doorbell and smoke alarms. Residents who are blind may require tactile marking of changes in floor level and stair edges and braille markings on appliances and controls. People with low vision may require large print markings and displays, contrasting colors to distinguish changes in level or transition from one area to another, proper lighting, and reduced glare from lighting and windows. For persons with special needs, the high cost of living in Riverside County makes it very difficult to maintain a stable residence. Often these segments of the population rely on support services from the various Riverside County nonprofit organizations to avoid becoming homeless or institutionalized. Inadequate discharge planning and coordination contributes to homelessness in situations where people are released from public institutions or public systems of care without having an appropriate mainstream or supportive housing option is available upon discharge from an institutional setting. In other states such as North Carolina and Kentucky, discharge coordination and planning is a matter of state law. In California, discharge coordination and planning is largely unregulated unless county or municipal ordinances provide rules preventing public institutions from discharging people into homelessness. In California, there is no such standard. Persons with special needs, such as the elderly and those with disabilities, must also have access to housing in the community. Community care facilities provide a supportive housing environment to persons with special needs in a group setting. According to the California Department of Social Services Community Care Licensing Division, there are 192 community care beds in Menifee for elderly persons ages 60 or above. Homeless Persons Over the past few years, Riverside County has implemented policy and program changes aimed at ensuring homeless persons in Riverside County are rapidly housed and that local resources are invested in programs with proven impacts on reducing homelessness. Between 2013 and 2014, a total of 29 shelter beds (e.g. emergency, transitional and seasonal/overflow) were removed from the Homeless Inventory Count (HIC). In 2014, a total of 269 permanent supportive housing beds were added to the Homeless Inventory Count. This increase in permanent supportive housing for the most vulnerable City of Menifee II 33 Draft Analysis of Impediments

52 Community Characteristics populations is attributed to Riverside County homeless service providers re tooling their programs and shifting their focus to moving people quickly into permanent supportive housing throughout the County, homelessness can be significantly reduced and the quality of life of residents, especially those precariously housed or homeless, can be improved. Table II 25 provides a list of current homeless facilities. Organization Name Table II 25 Inventory of Existing Homeless Facilities and Services Serving Menifee Project Name City Emergency Shelter Facilities and Services Alternatives to Domestic Violence Coachella Valley Rescue Mission Coachella Valley Rescue Mission Coachella Valley Rescue Mission Coachella Valley Rescue Mission Coachella Valley Rescue Mission Department of Mental Health Jewish Family Services Operation Safe House Operation Safe House Path of Life Ministries, Inc. ADV Residential Shelter County Overnight Shelter Family Program Men's New Life Program Women's Gateway Program Women's New Life Program Hotel/Motel Voucher Program Roy s Desert Resource Center Safe House Desert Safe House Riverside City of Riverside Year Round Shelter County County County County County County County Palm Springs County Riverside Riverside Bed Type Year Round Beds Total Seasonal Beds 2016 PIT Count of Occupied Beds Total Beds Facilitybased beds Facilitybased beds Facilitybased beds Facilitybased beds Facilitybased beds Facilitybased beds Voucher beds Facilitybased beds Facilitybased beds Facilitybased beds Facilitybased beds City of Menifee II 34 Draft Analysis of Impediments

53 Community Characteristics Organization Name Path of Life Ministries, Inc. Path of Life Ministries Inc. Shelter from the Storm US Vets Valley Restart Shelter Inc. Transitional Housing ABC Recovery Center Help for Future Leaders Lighthouse Treatment Center Martha's Village & Kitchen Inc. MFI Recovery Center Operation Safe House Operation Safe House Table II 25 Inventory of Existing Homeless Facilities and Services Serving Menifee Project Name ECWS Riverside Family Shelter Mary Stuart Rogers Center US Vets Emergency Shelter Restart Center Transitional Living Village Transitional Housing for Veterans Transitional Living Services for Veterans Martha's Village & Kitchen Transitional Housing A Women's Place Main Street Transitional Living Program OSH Harrison House Transitional Living Program City Riverside Riverside Palm Desert Riverside Hemet Bed Type Facilitybased beds Facilitybased beds Facilitybased beds Facilitybased beds Facilitybased beds Year Round Beds Total Seasonal Beds 2016 PIT Count of Occupied Beds Total Beds Indio Single Palm Desert Moreno Valley Multiple No Single No Indio Single Riverside Single Riverside Single Yes Thousand Palms Single Yes City of Menifee II 35 Draft Analysis of Impediments

54 Community Characteristics Organization Name US Vets Whiteside Manor Table II 25 Inventory of Existing Homeless Facilities and Services Serving Menifee Project Name Veterans in Progress TH Housing for Dually Diagnosed Permanent Supportive Housing ABC Recovery Center City of Riverside City of Riverside County Housing Authority ABC Permanent Housing Riverside PSH Chronically Homeless Riverside PSH Disabled Enhanced Housing City Bed Type Year Round Beds Total Seasonal Beds 2016 PIT Count of Occupied Beds Total Beds Riverside Single Riverside Single Indio SMF Riverside SMF Riverside SMF+HC County SMF+HC County Housing Authority County Housing Authority County Housing Authority County Housing Authority County Housing Authority County Housing Authority Department of Mental Health Project Based/OSH Street to Home Tenant based All Cnty 1 Chronic Tenant based All Cnty 2 Chronic Tenant based All County Cons. VASH Vet Assisted Supportive Housing Coachella Valley PH "The Path" County YMF County SMF County SMF County SMF County SMF+HC County SMHC Yes Palm Springs SMF City of Menifee II 36 Draft Analysis of Impediments

55 Community Characteristics Organization Name Department of Mental Health Department of Mental Health Department of Mental Health Department of Mental Health Jewish Family Services Table II 25 Inventory of Existing Homeless Facilities and Services Serving Menifee Project Name HHOPE Permanent Housing Men's Permanent Housing Riverside PH "The Place" Women's Permanent Housing Desert Horizon City Bed Type Year Round Beds Total Seasonal Beds 2016 PIT Count of Occupied Beds Total Beds County SMF+HC Riverside SMHC County SMF Riverside SFHC Palm Springs SMF Jewish Family Services Desert Vista County SMF Light House Social Service Centers Lighthouse SSC Permanent Housing for Disabled Women with Children Moreno Valley SFHC Path of Life Ministries Inc. US Vets Rapid Rehousing City of Riverside Community Catalysts of California Department of Mental Health Path of Life PSH Riverside Permanent Housing City of Riverside Rapid Re Housing VCS SSVF Rapid Re Housing Rapid Re Housing County SMF+HC County SMF Riverside SMF+HC Riverside SMHC County HC City of Menifee II 37 Draft Analysis of Impediments

56 Community Characteristics Organization Name Foothill AIDS Project Lighthouse Social Service Centers Lighthouse Social Service Centers Lighthouse Social Service Centers Lutheran Social Services Path of Life Ministries Inc. US Vets US Vets Valley Restart Shelter Inc. Table II 25 Inventory of Existing Homeless Facilities and Services Serving Menifee Project Name F.A. Project/ ESG Rapid Re Housing Program Lighthouse SSC Rapid Rehousing LSSC Priority 1/Surge SSVF Program LSSC Renewal SSVF Program City Bed Type Year Round Beds Total Seasonal Beds 2016 PIT Count of Occupied Beds Total Beds County County HC County SMF+HC County SMF+HC Genesis Riverside SMF+HC Path of Life Rapid Rehousing US Vets SSVF Rapid Re Housing US Vets SSVF Rapid Re Housing Priority 1 Valley Restart Shelter Rapid Rehousing County SMF+HC County SMF+HC County SMF+HC Hemet HC Total: City of Menifee II 38 Draft Analysis of Impediments

57 Analysis of Private Sector Impediments Fair housing choice and equal housing opportunity is required pursuant to federal and state regulations and court decisions that prohibit discrimination in the rental, sale, negotiation, advertisement, or occupancy of housing on the basis of protected class. Implementation of fair housing practices is achieved through a network of realtors, apartment associations, housing associations, fair housing providers, and the courts. This chapter provides an overview of the private sector housing industry in Menifee and its interrelationship with fair housing choice and equal housing opportunity. A. Owner Occupied Housing Part of the American dream involves owning a home in a good neighborhood near schools, parks, shopping centers, jobs and other community amenities. Homeownership strengthens individual households and entire neighborhoods because owner occupants have made an investment in their own personal property as well as the neighborhood and community. This fosters a greater sense of pride in the appearance and condition of not only the home but of the neighborhood as well. It also promotes owner involvement in the community because owner occupants have a personal stake in the area and tend to be more active in decisions affecting the community. Fair housing opportunity laws protect an individual or family s right to occupy suitable housing in any location. Ensuring fair housing is an important way to not only preserve but to improve the housing opportunities for all residents in Menifee. Home Buying Process Purchasing a home presents many challenges to the prospective homeowner. One of the main challenges in buying a home is the process by which an individual or family must acquire the property. The time required to find a home, the major legal and financial implications surrounding the process, the number of steps required and financial issues to be considered can be overwhelming to prospective buyers. Throughout this timeconsuming and costly process, fair housing issues can surface in many ways. Discriminatory practices in the home buying process can occur through the: Advertisement of homes for sale; Lending process; Appraisal process; Actions of real estate agents and sellers; and The issuance of insurance. Advertising The first step in buying a home is generally searching for available housing through advertisements that appear in magazines, newspapers, or on the Internet. Advertising is a sensitive issue in the real estate and rental housing market because advertisements City of Menifee III 1 Draft Analysis of Impediments

58 Analysis of Private Sector Impediments advertently or inadvertently can signal preferences for certain buyers or tenants. Recent litigation has held publishers, newspapers, the Multiple Listing Service (MLS), real estate agents and brokers accountable for discriminatory ads. Advertising can suggest a preferred buyer or tenant in several ways. Some examples include advertisements or listings that: Suggest a preferred type of buyer or tenant household; Use models that indicate a preference or exclusion of a type of resident; Publish advertisements or listings in certain languages; or Restrict publication to certain types of media or locations so as to indicate a preference. Generally, advertisements cannot include discriminatory references that describe current or potential residents, the neighbors or the neighborhood in racial or ethnic terms, or terms suggesting preferences for one group over another (e.g., adults preferred, ideal for married couples with kids, or conveniently located near Catholic church). Lending Initially, buyers must locate a lender that will qualify them for a loan. This part of the process entails an application, choosing the type and terms of the loan, credit check, review of the buyer s ability to repay the loan, determination of the amount the buyer is eligible to borrow, etc. Applicants are requested to provide sensitive information including their gender, ethnicity, income level, age and familial status. The Community Reinvestment Act and the Home Mortgage Disclosure Act (HMDA) require this information to be gathered; however, there is no guarantee that individual loan officers or underwriters will not misuse the information. A report on mortgage lending discrimination by the Urban Land Institute describes four basic stages in which discrimination can occur: Advertising/outreach stage. Lenders may not have branches in certain neighborhoods, may not advertise to certain segments of the population, or may violate advertising rules with respect to fair housing. Pre application stage. Lenders may not provide applicants of different racial and ethnic backgrounds the same types of information as other preferred groups, or may urge some to seek another lender. Lending stage. Lenders may treat equally qualified individuals in a different manner, giving different loan terms, preferred rates, or denying a loan based on a factor not related to ability to pay and/or risk. City of Menifee III 2 Draft Analysis of Impediments

59 Analysis of Private Sector Impediments Loan administration. Lenders may treat minorities in harsher terms, such as initiating foreclosure proceedings if any payment is late, or by making loans at terms that encourage defaults. Real Estate Agents Finding a real estate agent is normally the next step in the home buying process. The agent will find the home for the prospective buyer that best fits their needs, desires, and budget based on the amount they are qualified for by the lender. Real estate agents may also intentionally or unintentionally discriminate by steering a potential buyer to particular neighborhoods, by encouraging the buyer to look into certain areas or failing to show the buyer all choices available. Agents may also discriminate in who they agree to represent, who they turn away and the comments they make about their clients. Appraisals Banks order appraisal reports to determine whether or not a property is worth the amount of the loan requested. Generally, appraisals are based on the comparable sales of properties surrounding the neighborhood of the subject property. Other factors such as the age of the structure, improvements made and location are also considered. Homes in some neighborhoods with higher concentrations of minorities and poverty concentrations may appraise lower than properties of similar size and quality in neighborhoods with lower concentrations of minorities or low income households. Taking these factors into consideration when valuing a property in an appraisal causes the arbitrary lowering of property values and restricts the amount of equity and capital available to not only the potential home buyer, but also to the current owners in the neighborhood. Disparate treatment in appraisals is difficult to prove since individual appraisers have the latitude within the generally accepted appraisal practices to influence the outcome of the appraisal by factoring in subjective opinions. Sellers Even if a real estate agent is following fair housing practices, the current occupant (seller) may not want to sell his/her house to certain purchasers protected under fair housing laws or they may want to accept offers only from a preferred group. Oftentimes, sellers are home when agents show the properties to potential buyers and sellers may develop certain biases based upon this contact. The Residential Listing Agreement and Seller s Advisory forms that sellers must sign disclose their understanding of fair housing laws and practices of discrimination. However, preventing this type of discrimination is difficult because a seller may have multiple offers and choose one based on bias. City of Menifee III 3 Draft Analysis of Impediments

60 Analysis of Private Sector Impediments Insurance Insurance agents have underwriting guidelines which determine whether or not a company will sell insurance to a particular applicant. Currently, underwriting guidelines are not public information; however, consumers have begun to seek access to these underwriting guidelines to learn if certain companies have discriminatory policies, called redlining. Some states require companies to file the underwriting guidelines with the State Department of Insurance, making the information public. Mortgage Interest Rates & Fees A key component to securing a home loan is the interest rate and fees associated with the loan. Studies show mixed indications as to whether or not minority borrowers pay higher rates and fees. A 2009 Federal Reserve Bank of New York report on Subprime Mortgage Pricing 1 examined 75,000 subprime loans originated in August, 2005, across the United States. The study focused on a particular type of subprime loan that was common in the lending industry at that time, characterized by a 2 28 hybrid adjustable rate mortgage (ARM) whereby the borrower is charged an initial mortgage interest rate for two years, followed by biannual rate resets based on a margin over a short term rate. According to the study, the 2 28 ARM accounted for approximately 80 percent of subprime variable rate loans made at that time. The study found no evidence of adverse pricing by race, ethnicity, or gender in either the initial rate or the reset margin of the subprime loans included in the dataset. The study indicated that if any pricing differential exists, minority borrowers appeared to pay slightly lower rates, as do those borrowers in zip codes with a larger percentage of black or Hispanic residents or a higher unemployment rate. The Fannie Mae Foundation commissioned a study of mortgage rates from The study was published in the Housing Policy and Debate, Volume 17, Issue 1 of According to the study, the average annual percentage rate (APR) for African Americans was roughly 8.07 percent, while the average APR for whites was 7.96 percent. Although the authors concluded that the disparity in interest rates for African Americans resulted in a minimal economic impact (an increase of seven cents a month per $1,000 of the loan amount), it was evident that African Americans, when all other factors were controlled, received higher interest rates on their home loans. A significant conclusion of the study was the disparate loan terms for home refinancing for African Americans as compared to their white counterparts, when all other factors (e.g., credit history, loan amount and type, property) were controlled. African Americans average interest rate for refinancing a home loan was 8.82 percent, a much higher rate than whites whose average interest rate was 7.81 percent. The difference of 1.01 percent resulted in 1 Subprime Mortgage Pricing: The Impact of Race, Ethnicity, and Gender on the Cost of Borrowing, Federal Reserve Bank of New York, by Andrew Haughwout, Christopher Mayer and Joseph Tracy, April Rates and Race: An Analysis of Racial Disparities in Mortgage Rates, by T. Boehm, P. Thistle, A. Schlottman, City of Menifee III 4 Draft Analysis of Impediments

61 Analysis of Private Sector Impediments African Americans paying on average 71 cents more a month per $1,000 of the borrowed amount, a substantial economic impact as compared to whites over the term of the loan. The average interest for Hispanics was slightly higher than that of whites as well for home loans, but there was little difference in the average interest rate amongst Hispanics and whites for refinancing. The disparity of higher interest rates for home loans of African Americans and Hispanics, as well as the disparity of higher interest rates for African Americans in refinancing home loans, if apparent in a particular community, would be an impediment to fair housing choice, as defined in the Executive Summary. The authors looked at conventional home loans as a subset of all mortgage types analyzed in the study. Once again, the average APR for African Americans for conventional loans was higher for home purchases and also for refinancing of home loans as compared to whites. The average APR amongst Hispanics for conventional loans was also higher than whites; although the gap was not as high as it was for African Americans. Such discriminatory practices in loans for African American and Hispanic homebuyers are impediments to homeownership. (The study did conclude that there was no disparity on the interest rates charged to Hispanics as compared to whites for refinancing home loans). Not only is there empirical evidence of discrimination in the interest rates charged for home loans and refinancing for certain minority groups, but also discrimination in the mortgage rate fees charged for home loans of African Americans and Hispanic borrowers. According to HUD s Office of Policy Development, African Americans and Hispanics pay on average $415 and $365 more, respectively, for closing costs on FHA mortgages as compared to whites, when all other factors such as loan amounts and property values are controlled. 3 In addition, disparate mortgage fees are charged based on the racial composition of the borrower s neighborhood; borrowers in African American neighborhoods pay on average $120 more for title services and borrowers in primarily Hispanic census tracts pay $110 more compared to borrowers residing in non minority neighborhoods. 4 The disparate charge of mortgage interest rates and fees for African Americans and Hispanics borrowers is an impediment to housing choice. Home Loan Activity and Lending Outcomes A key aspect of fair housing choice is equal access to financing for the purchase or improvement of a home. In 1977, the Community Reinvestment Act (CRA) was enacted to improve access to credit for all communities, regardless of the race/ethnic or income makeup of its residents. CRA was intended to encourage financial institutions to help meet the credit needs of communities, including low and moderate income people and 3 Mortgage Interest Rates and Fees, A Study of Closing Costs for FHA Mortgages, HUD Office of Policy Development and Research, by Susan E. Woodward for the Urban Institute, May Ibid. Study can be found at City of Menifee III 5 Draft Analysis of Impediments

62 Analysis of Private Sector Impediments neighborhoods. Depending on the type of institution and total assets, a lender may be examined by different supervising agencies for its CRA performance. Additionally, the Home Mortgage Disclosure Act (HMDA) requires financial institutions with assets exceeding $10 million to collect and submit detailed information on the disposition of home loans inclusive of applicant characteristics such as race, ethnicity and income. HMDA data can then be evaluated to determine if there are any lending patterns indicating that loan approval rates are significantly different for one group versus another. While this evaluation can definitively indicate the rate of approval for loan applications for people who report their racial or ethnic attributes on their loan application, the data and the evaluation fall short of establishing bona fide discrimination. Nonetheless, the evaluation of lending outcomes based on HMDA data is helpful in determining where to focus future study as well as present or future homebuyer education and lender training concerning the Fair Housing Act. During 2015 calendar year, 12,604 loan applications were submitted to lenders covered by HMDA requirements for home purchase, home improvement or refinancing loans on residential properties located in the City of Menifee. Of those applications, 1,574 were withdrawn before approval or denial and 469 were closed for incompleteness prior to a decision. Decisions were made on 10,561 loan applications. Federal Housing Administration (FHA) insured loans generally offer a down payment as low as 3.5 percent of the purchase price or home value and include the ability to finance some of the closing costs, which are generally lower than conventional loan closing costs. FHA loans are insured by the FHA, meaning that private lenders can file a claim with the FHA in the event of borrower default on an FHA insured loan. Similarly, the United States Veterans Administration (VA) offers VA guaranteed loans that are available to a current member of the U.S. armed forces, a veteran, a reservist or National Guard member, or an eligible surviving spouse through VA approved lenders. VA mortgage loans can be guaranteed with no money down and there is no private mortgage insurance requirement. Similar to FHA loans, the lender is protected against loss if the borrower fails to repay the loan. FHA and VA loans provide access to credit for borrowers that may not have a sufficient down payment or credit history to qualify for conventional loans, which generally require a minimum down payment or equity stake in the property of 20 percent. Since there is no government insurance on conventional loans, these loans pose a higher risk to the financial institution and thus generally have more stringent credit, income and asset requirements. Table III 1 provides a summary of the lending decisions on 10,561 loan applications by loan type. Of the 10,561 reported loan decisions, 8,646 or percent were approved. City of Menifee III 6 Draft Analysis of Impediments

63 Analysis of Private Sector Impediments Table III 1 Home Loan Applications in Menifee Type Number of Applications Share of Loans Number Approved Approval Rate Home Purchase 4, % 4, % Conventional 1, % 1, % FHA Insured 1, % 1, % VA Guaranteed 1, % 1, % Home Improvement % % Conventional % % FHA Insured % % VA Guaranteed % % Refinancing 5, % 4, % Conventional 2, % 1, % FHA Insured 1, % 1, % VA Guaranteed 1, % 1, % Total: 10, % 8, % Source: 2015 Financial Institutions Examination Council 2015 HMDA Database. Most loan applications with decisions were for refinancing loans, of which percent were approved, followed by home purchase loans, of which percent were approved, with FHA insured home purchase loans and VA guaranteed home purchase loans showing the highest approval rates at percent and percent, respectively. Conventional home improvement loans had the worst approval rating at percent. Lending Outcomes by loan type, income and race or ethnicity. Table III 2 on the following page shows the loan approval rates for the 4,460 home purchase loan applications, 551 home improvement loan applications and 5,550 refinance loan applications made for properties in Menifee in 2015 where HMDA data is available. This examination of lending activity focuses on potential discrimination in lending decisions that could prevent an individual or family from securing loan approval on the basis of race or ethnicity. Table III 2 breaks the loan applications into income level categories first, and then examines approval rates based on race or ethnicity for each loan type to determine if there are significant differences between the loan type and income category approval rate and the approval rate for each race or ethnicity group within that category. A significant difference would be a loan approval rating that is disproportionately lower (10 or more percent lower) than the approval rating for the loan type / income category as a whole. For home purchase, home improvement and home refinance loan applications made by families who disclosed earnings of $60,500 or less, none of the ethnic/racial groups City of Menifee III 7 Draft Analysis of Impediments

64 Analysis of Private Sector Impediments representing at least 5 percent of the applications in a given loan type had approval ratings that were disproportionately lower than the approval rating for the loan type as a whole. For home purchase, home improvement and home refinance loan applications made by families who disclosed earnings of $60,500 or more, none of the ethnic/racial groups representing at least 5 percent of the applications in a given loan type had approval ratings that were disproportionately lower than the approval rating for the loan type as a whole. For home purchase, home improvement and home refinance loan applications made by families who did not disclose their income, none of the minority ethnic/racial groups representing at least 5 percent of the applications in a given loan type had approval ratings that were disproportionately lower than the approval rating for the loan type as a whole. Type Race/ Ethnicity Table III 2 Home Loan Approval Rates by Applicant Characteristics Below Area MFI of $60,500 for 2015 Loan Approval Applications Rate At or above Area MFI of $60,500 for 2015 Loan Approval Applications Rate Family Income Not Reported to FIEC Loan Approval Applications Rate Home Purchase % 2, % % Hispanic % % % White % 1, % % Asian % % % African American % % 0 N/A All Others % % 0 N/A Decline or N/A % % % Home Improvement % % % Hispanic % % % White % % % Asian % % % African American % % % All Others % % 0 N/A Decline or N/A % % % Home Refinance 1, % 2, % 1, % Hispanic % % % White % 1, % % Asian % % % African American % % % All Others % % % Decline or N/A % % % Source: 2015 Financial Institutions Examination Council HMDA Database City of Menifee III 8 Draft Analysis of Impediments

65 Analysis of Private Sector Impediments Differences in approval rates for home loan applications among minorities do not necessarily reflect discriminatory practices. Differences could be due to credit scores, employment history, knowledge of the lending process, debt income ratio, or other factors. Nonetheless, the persistence of lower loan approval rates among minorities could be the subject of additional inquiry and examination. Analysis of all 54 individual approval rates by income level, loan type and race or ethnicity represented in Table III 2 revealed eight instances where an approval rate for a particular race or ethnicity was more than 10 percent lower than the approval rate for the loan type/income category as a whole. Only four out of the eight instances affected minority groups and in all four instances of disproportionately low approval rates for minority borrower groups, the number of loan applications submitted for that particular race or ethnicity within the loan type/income category represented less than five percent of all loan applications in that category. Analysis of all loan applications by ethnicity / race without regard to income reveals that none of the ethnic / race groups had disproportionately lower approval ratings. Lending Outcomes by Census Tract Characteristics. The Community Reinvestment Act (CRA) is intended to encourage regulated financial institutions to help meet the credit needs of entire communities, including low and moderate income neighborhoods. Analyzing lending patterns by neighborhood characteristics can show whether significantly fewer home loans are being approved or issued in low and moderate income neighborhoods or neighborhoods with a disproportionately high percentage of minority residents. The lack of lending activity in one or more neighborhoods has been linked to unequal access to credit among different race and ethnic groups and alleged practices of redlining and discrimination. Generally, home loan approval rates increase as household income increases. This was generally true for each loan type represented in Table III 2. Table III 3 shows a comparison of home purchase and refinance loan approval rates at the Census Tract level by the minority concentration in the tract as well as tract income level relative to the Area Median Income. According to data in Table III 3, loan approval rates are slightly higher in the lower and moderate income neighborhoods and that loan approval rates are comparable in Menifee for Census Tract populations comprised of percent minorities and Census Tracts comprised of percent minority residents. Based on this information, no patterns of redlining or discrimination are apparent in Menifee. City of Menifee III 9 Draft Analysis of Impediments

66 Analysis of Private Sector Impediments Table III 3 Home Loan Approval Rates by Tract Characteristics Tract Characteristics Number of Applications Home Purchase Loans Number Approved Percent Approved Number of Applications Home Refinance Loans Number Approved Percent Approved Minority Percentage 15% to 50% 2,498 2, % 3,047 2, % 50% to 80% 1,962 1, % 2,503 1, % 80% % % Tract Income Low % % Moderate % % Middle % 1, % Upper 1,483 1, % 1,768 1, % Source: HMDA data, Lender Performance and CRA requirements. In 2015, the top mortgage lenders received percent conventional home purchase loan applications in Menifee (Table III 4). Among the top lenders, PennyMac Loan Services, LLC (100.0 percent), Freedom Mortgage Corporation (100.0 percent), and AmeriHome Mortgage Company, LLC (100.0 percent) had the highest approval rates. Home Community Mortgage had the lowest approval rate of percent. HMDA collects data on loan denial reasons from all lenders. For home purchase loans, the most frequently cited denial reasons in Menifee during 2015 included debt to income ratio (94 denials), credit history (49 denials) and lack of collateral (44 denials). City of Menifee III 10 Draft Analysis of Impediments

67 Analysis of Private Sector Impediments Table III 4 Disposition of Conventional Home Purchase Loan Applications by Lending Institution Lender Total Loan Applications Loan Application Outcome Share of Percent Applicants Approved Percent Denied Wells Fargo Bank, NA % 92.01% 7.99% LoanDepot.com % 96.62% 3.38% PennyMac Loan Services, LLC % % 0.00% Broker Solution, Inc % 93.17% 6.83% Home Community Mortgage % 55.63% 44.38% North Island Federal Credit Union % 82.40% 17.60% Freedom Mortgage Corporation % % 0.00% JP Morgan Chase Bank, NA % 98.25% 1.75% Flagstar Bank % 93.40% 6.60% AmeriHome Mortgage Company, LLC % % 0.00% Balance of Market (Other Lenders) 2, % 89.32% 10.68% Total Market (All Lenders): 4, % 89.89% 10.11% Source: Financial Institutions Examination Council HMDA Database Version The Community Reinvestment Act (CRA) is intended to encourage regulated financial institutions to help meet the credit needs of entire communities, including low and moderate income neighborhoods. Depending on the type of institution and total assets, a lender may be examined by different supervising agencies for its CRA performance. Databases maintained by the Federal Reserve Board (FRB), Federal Financial Institutions Examination Council (FFIEC), Federal Deposit Insurance Corporation (FDIC), and Office of the Comptroller of the Currency (OCC) were researched regarding the performance of the top financial institutions issuing home loans. City of Menifee III 11 Draft Analysis of Impediments

68 Analysis of Private Sector Impediments Table III 5 Lending Institution Regulators by Type of Institutions for Conventional Home Loan Purchases in Menifee, 2015 Regulating Enforcement Agency Type of Institution Board of Governors of the Federal Reserve System (FRB) Federal Deposit Insurance Corporation (FDIC) National Credit Union Administration (NCUA) Office of the Comptroller of the Currency (OCC) State member banks; bank holding companies; nonbank subsidiaries of bank holding companies; savings and loan holding companies; edge and agreement corporations; branches and agencies of foreign banking organizations operating in the United States and their parent banks; officers, directors, employees, and certain other categories of individuals associated with the above banks, companies, and organizations (referred to as "institution affiliated parties"). Insured State chartered banks that are not members of the Federal Reserve System (state nonmember banks); insured branches of foreign banks; officers, directors, employees, controlling shareholders, agents, and certain other categories of individuals (institution affiliated parties) associated with such institutions. Credit unions. National banks and their subsidiaries; federally chartered savings associations and their subsidiaries; federal branches and agencies of foreign banks; institution affiliated parties (IAPs), including (a) officers, directors, and employees, and (b) a bank s controlling stockholders, agents, and certain other individuals. Source: Federal Financial Institutions Examination Council (FFIEC), Databases maintained by the Federal Reserve Board (FRB), Federal Financial Institutions Examination Council (FFIEC), Federal Deposit Insurance Corporation (FDIC), and Office of the Comptroller of the Currency (OCC) were researched regarding the performance of the top financial institutions issuing home loans. Table III 6 provides a summary of the available CRA reviews and resulting ratings for each of the top home loan originators in Menifee during City of Menifee III 12 Draft Analysis of Impediments

69 Analysis of Private Sector Impediments Table III 6 CRA Review Results for Top Lending Institutions in Menifee, 2015 Lending Institution CRA Review Year Review Rating Wells Fargo Bank, NA 2008 Outstanding LoanDepot.com 2013 and 2014 Satisfactory PennyMac Loan Services, LLC Unavailable Broker Solutions, Inc. / New American Funding 2009 and 2010 Satisfactory Home Community Mortgage Unavailable North Island Federal Credit Union Unavailable Freedom Mortgage Corporation Unavailable JP Morgan Chase Bank, NA 2013 Satisfactory Flagstar Bank 2010 Satisfactory AmeriHome Mortgage Company, LLC Unavailable Source: Bank websites and news releases. Predatory Lending Predatory lending involves abusive loan practices usually targeting minority homeowners or those with less than perfect credit histories. The predatory practices include high fees, hidden costs, unnecessary insurance and larger repayments due in later years. A common predatory practice is directing borrowers into more expensive and higher fee loans in the subprime market, even though they may be eligible for a loan in the prime market. Predatory lending is prohibited by a number of state and federal laws. The Fair Housing Act of 1968 requires equal treatment in terms and conditions of housing opportunity and credit regardless of race, religion, color, national origin, family status, or disability. The Equal Credit Opportunity Act of 1972 also requires equal treatment in loan terms and availability of credit for all of the above categories, as well as age, sex, and marital status. Lenders would be in violation of these acts, if they target minority or elderly households to buy higher priced loan products, treat loans for protected classes differently, or have policies or practices that have a disproportionate effect on the protected classes. In addition, the Truth in Lending Act (TILA) requires lenders to inform the borrower about payment schedules, loan payments, prepayment penalties, and the total cost of credit. In 1994, Congress amended TILA and adopted the Home Ownership and Equity Protection Act (HOEPA). HOEPA requires that lenders offering high cost mortgage loans disclose information if the annual percentage rate (APR) is ten points above the prime or if fees are above eight percent of the loan amount. HOEPA also prohibits balloon payments for short City of Menifee III 13 Draft Analysis of Impediments

70 Analysis of Private Sector Impediments term loans and, for longer covered loans, requires a warning if the lender has a lien on the borrower s home and the borrower could lose the home if they default on the loan payment. Following North Carolina s lead, in September 2001, California became the second state to pass a law banning predatory lending. Codified as AB489 and amended by AB344, the law enables state regulators and the Attorney General to attempt to prevent "predatory" lending practices by authorizing the state to enforce and levy penalties against lenders that do not comply with the provisions of this bill. The law provides protections against predatory lending to consumers across the state with respect to financing of credit insurance, high loan and points, steering and flipping, balloon payments, prepayment penalties, call provisions, interest rate changes upon default, or encouragement to default when a conflict of interest exists. Agency Coordination Many agencies are involved in overseeing the real estate industry and real estate agents. A portion of this oversight involves ensuring that fair housing laws are understood and complied with. The following organizations have limited oversight within the real estate market, and some of their policies, practices, and programs are described. National Association of Realtors (NAR). The National Association of Realtors (NAR) is a consortium of Realtors which represent the real estate industry at the local, state, and national level. Locally, the Southwest Riverside County Association of Realtors (SRCAR) is the main association that serves the City of Menifee. As a trade association, members receive a range of membership benefits. However, in order to become a member, NAR members must subscribe to its Code of Ethics and a Model Affirmative Fair Housing Marketing Plan developed by HUD. The term Realtor identifies a licensed real estate professional who pledges to conduct business in keeping with the spirit and letter of the Code of Ethics. Realtors subscribe the NAR s Code of Ethics, including their active support for equal housing opportunity. Article 10 of the NAR Code of Ethics provides that Realtors shall not deny equal professional services to any person for reasons of race, color, religion, sex, handicap, familial status, or national origin. Realtors shall not be a party to any plan or agreement to discriminate against any person or persons on the basis of race, color, religion, sex, handicap, familial status, or national origin. Realtors shall not print, display or circulate any statement or advertisement with respect to the selling or renting of a property that indicates any preference, limitations or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. The NAR has created a diversity certification, At Home with Diversity: One America to be granted to licensed real estate professionals who meet eligibility requirements and City of Menifee III 14 Draft Analysis of Impediments

71 Analysis of Private Sector Impediments complete the NAR At Home with Diversity course. The certification signals to customers that the real estate professional has been trained on working with the diversity of today s real estate markets. The coursework provides valuable business planning tools to assist real estate professionals in reaching out and marketing to a diverse housing market. The NAR course focuses on diversity awareness, building crosscultural skills, and developing a business diversity plan. In July 1999, the NAR Diversity Program received the HUD Best Practices award. California Association of Realtors (CAR). The California Association of Realtors (CAR) is a trade association of 92,000 realtors statewide. As members of CAR, Realtors subscribe to a strict code of ethics. CAR has recently created the position of Equal Opportunity/Cultural Diversity Coordinator. CAR holds three meetings per year for its general membership, and meetings typically include sessions on fair housing issues. They also maintain fair housing and ethics information on their website. The website address is as follows: The licensure status of individual agents can be reviewed at the following site: This web site includes any complaints or disciplinary action against the agent. Southwest Riverside County Association of Realtors (SRCAR). The Southwest Riverside County Association of Realtors is a local association of the National Association of Realtors. SRCAR serves the communities of Temecula, Murrieta, Hemet, San Jacinto, Romoland, Homeland, Anza, Aguanga, Wildomar, Canyon Lake, Sun City, Lake Elsinore and Menifee. SRCAR provides services and resources to licensed real estate salespersons and brokers, appraisers, and affiliated service industries such as mortgage, title, and escrow. Their mission is to promote the Realtor Code of Ethics; to provide education, services and resources to our members; and to advocate the protection of real property rights. California Department of Real Estate (DRE). The California Department of Real Estate (DRE) is the licensing authority for real estate brokers and salespersons. DRE has adopted education requirements that include courses in ethics and fair housing. To renew a real estate license, each licensee is required to complete 45 hours of continuing education, including three hours in each of the four mandated areas: Agency, Ethics, Trust Fund, and Fair Housing. The fair housing course contains information that enables an agent to identify and avoid discriminatory practices when providing real estate services. DRE investigates written complaints received from the public alleging possible violations of the Real Estate Law or the Subdivided Lands Law by licensees or subdividers. DRE also monitors real estate licensees conducting business as mortgage lenders and mortgage brokers. If an inquiry substantiates a violation, DRE may suspend or revoke a license, issue a restricted license, or file an Order to Desist and Refrain. Violations may result in civil injunctions, criminal prosecutions, or substantial fines. The Department publishes City of Menifee III 15 Draft Analysis of Impediments

72 Analysis of Private Sector Impediments monthly a list of names of persons and businesses which have been conducting real estate activities without a license. DRE reviews Covenants, Conditions, and Restrictions (CC&R s) for all subdivisions of five or more lots, or condominiums of five or more units. The review includes a wide range of issues, including compliance with fair housing law. CC&R s are restrictive covenants that involve voluntary agreements, which run with the land they are associated with. In the past, CC&R s were used to exclude minorities from equal access to housing. DRE reviews and approves all CC&R prior to issuing a final subdivision public report, which is the final step necessary before real estate brokers or agents may list any of the properties in the subdivision for sale. DRE requires that each prospective buyer of a property within the subdivision is provided a copy of DRE s report discussing the DRE review of CC&Rs. The California Organized Investment Network (COIN). COIN is a collaboration of the California Department of Insurance, the insurance industry, community economic development organizations, and community advocates. This collaboration was formed in 1996 at the request of the insurance industry as an alternative to state legislation that would have required insurance companies to invest in underserved communities, similar to the federal Community Reinvestment Act (CRA) that applies to the banking industry. COIN is a voluntary program that facilitates insurance industry investments in lowincome and/or minority neighborhoods providing profitable returns to investors and economic benefits to underserved communities. B. Rental Housing Similar to the owner occupied market, a major challenge to ensuring fair housing in the rental market is the complexity of the process. Stages in the process of renting a home include advertising, pre application inquiries, viewing the apartment, criteria for qualifying for the lease, lease conditions, and administration of the lease. The process becomes even more difficult and subjective in a tight rental market, where the landlord has numerous options for choosing the future tenant based on subjective factors. The Rental Process While the process of renting an apartment or home may be less expensive and burdensome up front than the home buying process, it may still be just as time consuming and potential renters may still face discrimination during various stages of the rental process. Some of the more prevalent forms of discriminatory treatment are discussed in the sections below. Advertising The main sources of information on rentals are newspaper advertisements, word of mouth, City of Menifee III 16 Draft Analysis of Impediments

73 Analysis of Private Sector Impediments signs, apartment guides, the Internet and apartment brokers. Recent litigation has held publishers, newspapers, and others accountable for discriminatory ads. Advertising can suggest a preferred tenant by suggesting preferred residents, using models, publishing in certain languages, or restricting media or locations for advertising. Advertisements cannot include discriminatory references that describe current or potential residents, the neighbors or the neighborhood in racial or ethnic terms, or other terms suggesting preferences (e.g., adults preferred, ideal for married couples with kids, or conveniently located near a Catholic church). Viewing the Unit Viewing the unit is the most obvious place where potential renters may encounter discrimination because landlords or managers may discriminate based on race or disability, judge on appearance whether a potential renter is reliable or may violate any rules, or make any other subjective judgments. For example, if a prospective tenant is in a wheelchair, a landlord may be concerned about the wear and tear on the unit or that a disabled tenant may request too many repairs or costly modifications to the unit. If a prospective tenant arrives with many children, the landlord may be concerned that the children may disturb other renters. In addition, the prospective tenant may also have an accent or wear religious symbols or jewelry which may again play in the decision to rent the unit. Qualifying for the Lease Landlords may ask potential renters to provide credit references, lists of previous addresses and landlords, and employment history and salary. The criteria for tenant selection, if any, are typically not known to those seeking to rent a home. An initial payment consisting of first and last month rent and security deposit are typically required. To deter less thandesirable tenants, a landlord may ask for an initial payment or security deposit higher than for others. Tenants may also face differential treatment when vacating the unit. The landlord may choose to return a smaller portion of the security deposit to some tenants, claiming excessive wear and tear. The Lease Most apartments are rented under either a lease agreement or a month to month rental agreement. A lease is favorable from a tenant's point of view for two reasons: the tenant is assured the right to live there for a specific period of time and the tenant has an established rent during that period. Most other provisions of a lease protect the landlord. The lease agreement usually includes the rental rate, required deposit, length of occupancy, apartment rules, and termination requirements. Typically, the rental agreement is a standard form for all units in the same building. However, enforcement of rules contained in the lease agreement may not be consistent among tenants who each signed leases with identical rules. A landlord may choose to strictly enforce rules for certain tenants based on City of Menifee III 17 Draft Analysis of Impediments

74 Analysis of Private Sector Impediments their race/ethnicity, children, or a disability raising fair housing concerns. Agency Coordination Many agencies oversee the apartment rental process and related practices. This oversight includes ensuring that fair housing laws are understood and complied with. The following organizations have limited oversight within the rental housing market, and some of their policies are described. California Apartment Association (CAA) CAA is the country's largest statewide trade association for rental property owners and professionals who manage more than 1.5 million rental units. CAA has developed the California Certified Residential Manager (CCRM) program to provide a comprehensive series of courses geared towards improving the approach, attitude and professional skills of onsite property managers and other interested individuals. The CCRM program consists of 31.5 hours of training that includes fair housing and ethics along with other courses. National Association of Residential Property Managers (NARPM) NARPM promotes standards of business ethics, professionalism, and fair housing practices in the residential property management field. NARPM is an association of real estate professionals experienced in managing single family and small residential properties. In addition, NARPM certifies its members in the standards and practices of the residential property management industry and promotes continuing professional education. NARPM offers three professional designations: Residential Management Professional, RMP, Master Property Manager, MPM, and Certified Residential Management Company, CRMC. These certifications require educational courses in fair housing. Fair Housing Foundation The Fair Housing Council of Riverside County (FHCRC) is a nonprofit organization dedicated to affirmatively furthering fair housing choice in Riverside County, including the City of Menifee, through the provision of education and direct client services. For detailed information about FHCRC and its services in Menifee, please refer to Chapter 5, Analysis of Current Fair Housing Activity. City of Menifee III 18 Draft Analysis of Impediments

75 Analysis of Public Policy Impediments A. Land Use Policy General Plan Land use policies are fundamental to ensuring housing opportunities. Any land use policies that do not promote a variety of housing opportunities can impede on housing choice especially for low and moderate income persons and households. These policies are outlined in the General Plan, which determines the type, amount, location and density of land uses within the City in a manner prescribed by state planning law. Table IV 1 shows each of the General Plan Land Use designations permitting residences within the community. Category Rural Mountainous (RM) 1 du per 10 acres (10 acre min) Rural Residential (RR5) 1 du per 5 acres (5 acre min) Rural Residential (RR2) 2 acre min Rural Residential (RR1) 1 acre min Rural Residential (RR 1/2) ½ acre min Table IV 1 Land Use Designations in Menifee Details Single family residential uses with a minimum lot size of 10 acres. Generally characterized as areas of at least 10 acres where a minimum of 70% of the area has slopes of 25% or greater. Allows limited animal keeping, agriculture, recreational uses, governmental uses, and compatible resource development (which may include the commercial extraction of mineral resources with approval of a surface mine permit [SMP] and associated uses). Single family residences with a minimum lot size of 5 acres. Animal keeping and agricultural uses are expected and encouraged; also allows recreational uses and governmental uses. Single family detached residences on large parcels of 2 to 5 acres. Limited agriculture and intensive equestrian and animal keeping uses are expected and encouraged. Allows small scale home based business operations in accordance with the Zoning Code on rural large lot properties if consistent w/surrounding character. Single family detached residences on large parcels of 1 to 2 acres. Limited agriculture, equestrian, and animal keeping uses are expected and encouraged. Allows small scale home based business operations in accordance with the Zoning Code on rural large lot properties if consistent w/surrounding character. Single family detached residences on large parcels of ½ to 1 acre. Limited agriculture and animal keeping is permitted; however, intensive animal keeping is discouraged. City of Menifee IV 1 Draft Analysis of Impediments

76 Analysis of Public Policy Impediments Category du/ac Residential (2.1 5R) du/ac Residential (5.1 8R) du/ac Residential (8.1 14R) du/ac Residential ( R) Table IV 1 Land Use Designations in Menifee Details Single family detached and attached residences with a density range of 2 to 5 dwelling units per acre. Limited agriculture and animal keeping is permitted; however, intensive animal keeping is discouraged. Single family attached and detached residences with a density range of 5 to 8 dwelling units per acre. Single family attached and detached residences, including townhouses, stacked flats, courtyard homes, patio homes, and zero lot line homes. Single family attached residences and multifamily dwellings such as triplexes, fourplexes, motorcourt clusters, and row townhomes. Multifamily dwellings; includes apartments and condominiums du/ac Residential ( R) Source: City of Menifee Land Use Element, Exhibit LU 3 Map IV 1 illustrates the City s land use designations. City of Menifee IV 2 Draft Analysis of Impediments

77 Analysis of Public Policy Impediments Map IV 1 Citywide Land Use Map Source: City of Menifee, City of Menifee IV 3 Draft Analysis of Impediments

78 Analysis of Public Policy Impediments Zoning Ordinance The City formally adopted its first General Plan on December 18, The Housing Element ( ) was adopted on February 5, 2014 and certified by the State Department of Housing and Community Development on March 5, When the City of Menifee incorporated, the City Council adopted the County of Riverside s Development Code and Ordinance 348 on an interim basis until a new development code could be developed for Menifee. Housing Element The Housing Element is one of the elements of Menifee s General Plan. The State of California housing element law, enacted in 1969 and recently amended in 2008 by Senate Bill 2, requires that local governments adequately plan to meet the existing and projected housing needs of all economic segments of their community. The Menifee Housing Element was adopted February 5, 2014 and certified by the State Department of Housing and Community Development on March 5, The City of Menifee s adopted and certified Housing Element identifies three housing goals and 17 specific housing programs to ensure an adequate supply of quality affordable housing. The housing programs address the production, preservation and improvement of housing for people with a range of incomes. The City s Regional Housing Needs Assessment (RHNA) allocation plays an important role in policymaking and goal setting. All the cities and the unincorporated county in Riverside County have been allocated certain housing growth objectives that will enable the region to meet its projected housing needs in the coming years. The Southern California Association of Governments (SCAG) has been delegated with the responsibility in developing regional growth forecasts and then assigning new housing objectives for each city and county under SCAG s jurisdiction. In addition to establishing an overall objective for new housing units for the defined planning period ( ), the SCAG RHNA also indicated the proportion of future housing units that should be accessible to households with varying incomes. The RHNA that is applicable to Menifee is summarized below: A total of 744 units should be allowed through zoning for extremely low income households (less than 30 percent of the median income); A total of 744 units should be allowed through zoning for very low income households (31 50 percent of the median income); A total of 1,007 units should be allowed through zoning for low income households (51 80 percent of the median income); A total of 1,140 units should be allowed through zoning for moderate income households (81 percent 120 percent of the median income); and City of Menifee IV 4 Draft Analysis of Impediments

79 Analysis of Public Policy Impediments A total of 2,610 units should be allowed through zoning for households with abovemoderate income (more than 120 percent of the median income). The total number of new housing units that should be allowed through the City s zoning policies during the planning period is 6,245 units. The Housing Element describes various housing programs intended to facilitate meeting the objectives described above. Where relevant to this AI, housing programs that affect fair housing are described in this report. As indicated in the January, 2016, monthly report from the State Department of Housing and Community Development (HCD), the Housing Element was reviewed on March 5, 2014, and is in compliance with state law. Housing Opportunities Housing Element law requires that cities enable and facilitate the private development of a range in types and prices of housing for all economic and special needs groups. Local government policies that limit or exclude housing for persons with disabilities, lower income people, people who are homeless, families with children, or other groups may violate the Fair Housing Act. Cities must take these factors into account when regulating land use and development standards throughout its residential zones. Table IV 2 highlights permitted residential uses in the City. City of Menifee IV 5 Draft Analysis of Impediments

80 Analysis of Public Policy Impediments Housing Opportunities Table IV 2 Housing Opportunities Permitted by Zone Conventional Homes One family units P P P P PP P PP Two family units PP PP PP PP Apartments/Multi family PP PP PP PP Planned Residential P P P P PP PP Accessory Dwellings Second Units PP PP PP PP PP PP PP PP Guest Quarters PP PP PP PP PP PP PP PP Manufactured/Mobile Manufactured Homes P P P P PP P PP Mobile Homes P P P Mobile Home Park C C C C C C C C Community Care Homes <7 residents P P P P P P P P Homes >6 residents PUP PUP PUP PUP PUP PUP PUP PUP Farmworker Housing Employee Housing* PP P Farmworker Camp C Homeless Facilities Emergency Shelter Transitional Housing Supportive Housing Notes: P = Permitted by right; PP = Permitted with plot plan; C = Conditionally permitted; PUP = Public Use Permit; *One additional single family unit (including mobile homes) is allowed for each ten gross acres being farmed. Up to four employee dwellings allowed on a property. Source: City of Menifee, Single Family Residential Zoning Districts R R R 1 R A R 2 R 3 R T R 4 R 6 The Menifee Municipal Code permits single family homes and two family units in most residential zones in the community as a by right use. The Code also permits standard multiple family and apartment houses in the same zones as a by right use. Planned residential uses are also allowed as a by right use in the community. In compliance with Government Code , the installation of manufactured homes is allowed as a by right use, subject to design standards, on lots zoned for single family dwellings. If the units are located in the R 6 zone, there are affordability restrictions. Detached, single family dwelling units are permitted in the following residential districts: R R, R 1, R A, R 2 and R 4. Single City of Menifee IV 6 Draft Analysis of Impediments

81 Analysis of Public Policy Impediments family dwelling units are permitted with a Plot Plan in the R 3 and R 6 zones. Multi Family Multi family dwelling is defined as a building containing two or more dwelling units for the use of individual households; an apartment or condominium building is an example of this dwelling unit type. The City allows two family units (apartments and townhomes) in five residential zones the R 2, R 2A, R 3, R 4, and R 6 zones. Multiple family uses are allowed in these zones as a by right use subject to a Plot Plan approved by the Planning Commission. No special use or conditional permit is required to obtain approval to build multiple family units in the community. If multiple family units are located in the R 6 zone, however, the units are required to have affordability restrictions so the housing is affordable at specific levels. Manufactured Housing State law requires cities to permit manufactured housing and mobile homes on lots for single family dwellings provided that the manufactured home meets the location and design criteria established in the Zoning Ordinance. 1 The City allows for such permits and the intent of the manufactured structure permit is to implement standards designed to safeguard the welfare of the community when such a structure is proposed for a period of two years or less. A manufactured home meeting national standards and installed on a foundation system, pursuant to the California Health and Safety Code, on an individual lot is treated as a standard single family residential development. Manufactured structures are permitted by right in the R R, R 1, R A, R 2 and R 4 zones. They are also permitted with a Plot Plan in the R 3 and R 6 zones. Mobile Home Parks State law requires that jurisdictions accommodate a mobile home park within their community; however, a city, county, or a city and county may require a use permit. A mobile home park refers to a mobile home development built according to the requirements of the Health and Safety Code and intended for use and sale as a mobile home condominium, cooperative park, or mobile home planned unit development. 2 Mobile home parks are conditionally permitted in all residential zones. Mobile home parks are permitted conditionally in eight residential zones within Menifee. An additional one family unit or mobile home, excluding the principal dwelling, is allowed for each ten acres being farmed. The additional unit shall be located on a parcel being 1 California Government Code, California Government Code City of Menifee IV 7 Draft Analysis of Impediments

82 Analysis of Public Policy Impediments farmed and occupied by the owner, operator, or employee of the farming operation as a one family residence, shall be at least 450 square feet, and shall be leased only to an employee of the farming operation. The number of dwellings for employees shall not exceed four units per established farming operation. The City of Menifee has four very large mobile home parks the Sun Meadows Park (392 units), Sun City Mobilehome Estates (332 units), BelAir Mobile Estates (200 units), and Hillside Mobile Home Estates (270 units). Menifee also has a 523 unit Wilderness Lakes Mobile Home Park, which is a recreational vehicle park. A significant number of individual mobile homes and manufactured homes are in Quail Valley, Romoland, and other rural residential areas. However, the California Department of Finance currently has inaccurate information on the number of mobile home units. Residential Second Units Enacted in 2002, AB1866 requires cities to use a ministerial process to consider and approve accessory units proposed in residential zones. 3 According to HCD, a local government must accept the application and approve or disapprove the application ministerial without any discretionary review In order for an application to be ministerial, the process must apply predictable, objective, fixed, quantifiable and clear standards. These standards must be administratively applied to the application and not otherwise be subject to discretionary decision making by a legislative body. The City of Menifee also permits second units in seven residential zones pursuant to an approved plot plan and second unit application. Several development standards apply to second units. The lot must be zoned for a one family dwelling as a permitted use; however, the lot must be 14,400 square feet or larger and may not be part of a planned residential development (PRD) or the R 6 zone. Off street parking in the amount of one space per bedroom (may include carport) is also required. However, because of the generally affordable price of housing, second units are not common in Menifee. The second unit application is approved in a ministerial fashion ( over the counter ) by the Planning Department staff with public hearings. In 2009, the City Council adopted an ordinance allowing for guest dwellings. These dwellings are defined as a building which contains no cooking facilities and is used primarily for members of a single family and nonpaying guests. Guest houses are permitted as a by right use in all residential zones pursuant to a plot plan. With respect to unit size, the guest house must not be larger than the main unit or larger than 2% of total usable lot size. Required setbacks and allowable height depend on the size of the parcel. One parking space is required per unit. Several guest houses have been built in recent years, incrementally adding to the City s stock of affordable housing. 3 California Government Code City of Menifee IV 8 Draft Analysis of Impediments

83 Analysis of Public Policy Impediments Residential Care Facilities The Lanterman Developmental Disabilities Services Act declares that mentally, physically and developmentally disabled persons, children and adults who require supervised care are entitled to live in normal residential settings. State law, 5116 of the California Welfare and Institutions Code, requires that licensed residential care facilities serving six or fewer persons be treated as a residential use under zoning, be allowed by right in all residential zones and not be subject to more stringent development standards, fees, taxes and permit procedures than required of the same type of housing (e.g., single family homes) in the same zone. 4 Map IV 2 illustrates the distribution of such facilities throughout the City of Menifee. When the City of Menifee incorporated, the City Council adopted the County of Riverside s Development Code and Ordinance 348 on an interim basis until a new development code could be developed for Menifee. The County of Riverside s Municipal Code does not clearly distinguish, define, or permit residential care facilities. Rather, it uses the term congregate care to refer to residential care facilities, although the two terms refer to different types of facilities. The City s Municipal Code will need to be updated to define residential care facilities, distinguish them by size (serving six or fewer or seven or more clients), and permit them in accordance with fair housing law. 4 Welfare and Institutions Code, 5000 et. seq. Health and Safety Code, 1500 et. seq. City of Menifee IV 9 Draft Analysis of Impediments

84 Analysis of Public Policy Impediments Map IV 2: Licensed Residential Care Facilities Source: State of California, City of Menifee IV 10 Draft Analysis of Impediments

85 Analysis of Public Policy Impediments Farmworker Housing The City of Menifee has some agricultural land in the southern part of the city. The California Employee Housing Act regulates farmworker housing and generally requires that facilities with no more than 36 beds or 12 units be treated as an agricultural land use that is not required to obtain any conditional use permit or other approval that is not required of other agricultural uses in the same zone. Farmworker housing (employee housing) serving six or fewer residents should essentially be treated like any other residential use (singlefamily or multiple family) in the same zone. Such facilities must be allowed by right. The R R (Rural Residential) and R A (Rural Agricultural) zones allow for the grazing, keeping of animals, nurseries, greenhouses, and crops. According to the Census, 182 residents work in the agricultural, forestry, mining, and related industries in Menifee. The Municipal Code allows farmworker housing pursuant to a plot plan in the R R zone and as a by right use in the R A zone. In these zones, the Municipal Code also allows one additional single family unit or mobile home for each ten gross acres being farmed. These provisions address the need for farmworker housing in the Menifee Valley. Emergency Shelters/Transitional Housing State law requires cities to identify adequate sites, appropriate zoning, development standards and a permitting process to facilitate and encourage development of emergency shelters and transitional housing. The courts have also passed subsequent rulings. 5 State law requires jurisdictions to designate a zone and permitting process to facilitate the siting of such uses. If a Conditional Use Permit is required, the process to obtain the conditional use permit may not unduly constrain the siting and operation of such facilities. Pursuant to state law, the City recently amended its Zoning Ordinance to address Senate Bill 2, which took effect January 1, 2008, and requires every jurisdiction to provide at least one zoning category in which emergency shelters can be located without discretionary approval from the local government. Six parcels (39 acres) zoned I P, located north of Rouse Road and east of I 215, have been identified as suitable for emergency shelters. The I P zone allows lighter industrial and manufacturer uses. The sites are vacant, not adjacent to other nonresidential uses, and do not contain environmental hazards that make it unsuitable for emergency shelters. In terms of parcel size, one site is 8.2 acres, while the other 5 sites range from 4.1 to 5.2 acres in size. The City will amend the Zoning Ordinance to allow emergency shelters as a by right use in the I P zone and will adopt written management, operational, and development standards allowed by state law to facilitate the siting process. 5 Hoffmaster v. City of San Diego, 55 Cal.App.4th 1098 City of Menifee IV 11 Draft Analysis of Impediments

86 Analysis of Public Policy Impediments An additional screening was undertaken to determine site suitability. The sites are located 2 miles north from the Menifee Valley Medical Center. One mile north, the Riverside Transit Agency runs route 27 in an east westerly direction along Ethanac Road, from I 215 to Winchester. The Marion Ashley Community Center, located 1 mile northeast, has food distribution services. The Bargain Basket, at Sherman and SR 74, provides discount food services for the Romoland area, including these sites. The Romoland School District, located 1 mile northeast also offers a head start program for children. The Government Code also requires that transitional housing and permanent supportive housing be allowed in all zones allowing residential uses and that it be treated in the same way as other residential uses in the same zone. To bring the City s codes into compliance with state law, the Housing Element contains a program to amend the Municipal Code and all zoning districts allowing residential use to permit transitional housing and permanent supportive housing as a residential use, subject only to those regulations that apply to other residential dwellings of the same type in the same zone. Single Room Occupancy Single room occupancy (SRO) units can provide a valuable form of affordable private housing for lower income individuals, seniors, and persons with disabilities. An SRO unit usually is small, between 200 to 350 square feet. When Menifee incorporated and assumed the Riverside County Development Code, single room occupancy was not specified as a permitted use in the code. As required under state, the City of Menifee will amend its Zoning Ordinance to define the use and allow for any application to be treated and permitted in the same manner as a multiple family dwelling. The Housing Plan contains a program to permit this use consistent with that required in state law. B. Development Policy Development Standards The Zoning Ordinance provides policy guidance for where housing can be located. The Zoning Ordinance establishes minimum residential development standards to ensure the construction of quality housing, to preserve and protect neighborhoods and to further broader City goals. Table IV 3 provides information on residential development standards in the City of Menifee. City of Menifee IV 12 Draft Analysis of Impediments

87 Analysis of Public Policy Impediments Category Min. Lot Size Min. Unit Size Lot Dimension Width Depth Maximum Height Floors Height Minimum Yards Front Rear Side Table IV 3 Residential Development Standards Primary Residential Zoning Districts R 1 R 2 R 3 R 4 R 6 7,200 sqft. 750 sqft ,200 sqft. 750 sqft ,200 sqft. 750 sqft N/A ,500 sqft. 750 sqft N/A ,000 sqft. 750 sqft. 30 N/A N/A vary Lot Coverage 50% 60% 50% N/A N/A Source: City of Menifee Zoning Ordinance, *Allowed for projects of 9 acres or larger Variations may exist in different Specific Plans On December 18, 2013, the City adopted a new general plan land use designation that allows units per acre. City staff is preparing a Zoning Ordinance amendment that provides appropriate residential and mixed use development standards and design guidance to facilitate the construction of quality multiple family housing at the specified densities in a manner consistent with state law. Parking Standards Parking is an important development regulation in communities. Adequate parking for residential projects contributes to the value of a project, the safety of residents, its appearance, and livability. However, excessive parking standards that do not reflect actual parking demand can unduly increase development costs and reduce the potential land availability for project amenities or additional units. The City of Menifee assigns parking standards with the intent to promote efficient land use as well as reduce street congestion and traffic hazards and promote vehicular and pedestrian safety. To ensure these livability goals are achieved, the City requires a parking plot plan for dwelling units containing more than two families. Single family detached and attached units require two spaces in covered garages per City of Menifee IV 13 Draft Analysis of Impediments

88 Analysis of Public Policy Impediments unit, while the standard for multiple family residential developments is based not only on the number of units but the size of those units. For single bedroom or studio, 1.25 spaces per unit is required, while two bedroom units require 2.25 spaces per unit and three bedroom units require 2.75 spaces per unit. Note that at least one of the required parking spaces for each multiple family unit must be in a garage or carport. Second units require one space per bedroom of covered garage parking (may be fulfilled with a carport depending on compatibility with surrounding uses). The City of Menifee s standards for parking requirement are intended to approximate vehicle ownership patterns as indicated by the Census Bureau. However, in certain cases, the Planning Director is authorized to reduce or allow a shared parking arrangement otherwise prescribed for any use or combination of uses as part of the review of a development plan for land uses that have a demonstrated lower demand for parking spaces. Local Government Fees Since the passage of Proposition 13 in 1978, local governments have had to diversify their revenue sources. As reliance on General Fund revenues declined, local governments began charging service fees and impact fees to pay for City services needed to support the development of new housing. The City currently charges fees and assessments to cover the costs of processing permits and providing services for residential projects. Development fees depend on the location, project complexity and cost of mitigating environmental impacts. Table IV 4 and Table IV 5 provide the most common development fees charged for a single family housing within one lot. Description Table IV 4 Discretionary Fees Initial Deposit Fee Conditional Use Permit Minor $2,345 $3,000 w/ other Variance SFR applications $5,375 if filed alone Tentative Tract Map $20,000 Tentative Parcel Map $10,000 Minor / Major Plot Plan $2,500 / $10,000 Lot Line Adjustment / Lot Merger $1,045 General Plan Amendment $10,000 Environmental Impact Report (EIR) $20,000 Appeal Planning Commission Action $5,385 (1 st ); $3,350 (2 nd ) Source: City of Menifee, City of Menifee IV 14 Draft Analysis of Impediments

89 Analysis of Public Policy Impediments Description Building Plan Check / Inspection Source: City of Menifee, Table IV 5 Planning and Processing Fees Fee New Construction Permit Gross Area Square Footage times Square Foot Construction Costs times Permit Fee Multiplier of New Construction Plan Check 65% of the Permit Fee Plumbing /Mechanical/Electrical Inspections and for Plumbing / Mechanical / Electrical: Safety Fee Schedule State law allows local governments to charge fees necessary to recover the reasonable cost of providing services. State law also allows local governments to charge impact fees provided the fee and the amount have a reasonable nexus to the burden imposed on local governments. While the fees in Menifee constitute a high percentage of housing sales prices, the fees are necessary to provide an adequate level of services and mitigate the impacts of housing development. According to the Housing Element, the total fees charged for new residential projects range from $40,000 for a single family home (17% of development cost) to $33,000 for an apartment unit (or 28% of development costs). Regional entities outside the control of the City make up about 75 percent of the fee burden by charging fees for water, sewer, transportation, and schools. The City has very limited ability to effectively reduce the fees of these agencies. Moreover, City fees are needed for staff support to review projects and ensure that adequate infrastructure is in place to serve residential projects. However, developers are granted reductions in fees for qualifying projects or have other means available to them to lessen the impact of fees. Fee Reductions. The Transportation Uniform Mitigation Fee and School Mitigation Fee (TUMF) make up 30% of all fees paid by residential developers. These fees have been reduced in recent years or contain provisions that exempt certain qualified residential projects. For instance, affordable housing receives a 100% waiver from TUMF fees. Moreover, the Menifee Union Elementary School District has significantly reduced fees and offers an 85% reduction to qualified senior projects. Fee Deferrals. More than 75 percent of all development fees (e.g., TUMF, DIF, Quimby, MSHCP, and Eastern MWD) are now all due at occupancy of the residential unit. Remaining City fees and the school district fees are due as a condition of issuance of the building permit. For smaller developers, this is a major financial incentive to develop housing, since the fees need not be covered by a construction City of Menifee IV 15 Draft Analysis of Impediments

90 Analysis of Public Policy Impediments loan. For larger builders, however, the fee deferral is not a critical financing incentive but relatively inconsequential because homes are built and sold within a shorter time frame. Taken together, developer fees can be reduced significantly if the project is affordable, age restricted, or both. For single family homes, fees can be reduced by 13% for senior housing and 22% for affordable housing projects. For multiple family projects, fees can be reduced by 8% for market rate senior apartments and 19% for qualified affordable family apartments. Most impact fees are due at occupancy rather than up front. In contrast to the greater Riverside County region, Menifee has many new residential housing projects underway; therefore, the current fees are not considered to be an actual constraint to development at this time. Building Codes Building codes are enacted to ensure the construction of quality housing and further public health and safety. Ensuring that buildings are accessible to people with disabilities is an important way to improve fair housing. However, the rigid adherence to non essential codes may indirectly create discriminatory impacts on people with disabilities. The following discusses the City s building codes and applicability to persons with disabilities. With respect to building and structures, the Menifee City Council adopted all the building codes contained in the Building, Mechanical, Plumbing, Electrical, and Uniform Housing Code. The Health and Safety Code Section establishes standards for all types of buildings and occupancies and requires these standards be adopted by all jurisdictions. The City must adopt the 2010 edition of the California Building Code. In compliance with this law, the City has adopted the required codes and adopts periodic updates. The California Building Code allows jurisdictions to adopt modifications or additions to their local building codes that address specific climatic, topographic, or geological conditions within a community. Because of strong Santa Ana winds, hot and seasonally dry climate, traffic congestion, open space with chaparral, and unique valley topography, the City has made several code modifications. These include requirements for the separation walls between garages and residences and for installing enhanced onsite fire protection features. These features add a most cost to new construction. The City enacted Ordinance No , which requires that all foreclosed properties in the City be maintained free of debris and graffiti that contribute to the appearance that the property is abandoned. Pools and spas shall be secured with approved fences and devices as required by California Building Code and shall be drained and kept dry or kept in working order so that the water remains clear and free of pollutants and debris. All properties within the City shall be maintained so as not to constitute a public nuisance. The City of Menifee s Code Enforcement Division is responsible for enforcing municipal codes City of Menifee IV 16 Draft Analysis of Impediments

91 Analysis of Public Policy Impediments and responds to code violations on a complaint basis. The City works with residents to abate substandard property conditions. In certain cases, stronger enforcement is required. In 2010, the City of Menifee was required to shut down a mobile home park and revoke its conditional use permit due to hundreds of property code violations, including septic problems, rubbish, electrical wiring, and other problems. Building codes add an incremental cost to the construction of housing, but the cost is not an actual constraint to the production of housing. First, the City s building and property maintenance codes are similar and/or identical to those adopted in surrounding communities. Moreover, Menifee also has the highest housing production in the immediate area. These two facts demonstrate that the City s building codes appear to have no material effect on the development, maintenance, and improvement of housing. The City of Menifee has adopted the latest techniques and accessibility standards for new construction. In compliance with state law, the City requires at least 5% of publicly funded new units to be accessible to persons with mobility impairments, and an additional 2% of the units be accessible to persons with hearing or visual impairments. Multiple family units must include: 1) public and common use portions of units readily accessible by disabled persons; 2) doors allow passage into and within such units that accommodate wheelchairs; and 3) all units contain adaptive design features. Should the application of a building code materially affect the ability of a disabled resident to use a home, the City of Menifee has established an Accessibility Appeals Board to conduct reviews on a case by case basis. The Appeals Board may conduct hearings on written appeals of decisions of the building official regarding accessibility issues, and approve or disapprove interpretations and enforcement actions taken by the building official relating to access. Since incorporation, however, it has not been necessary to activate the Appeals Board to decide upon such matters. Reasonable Accommodation Reasonable accommodation refers to flexibility in standards and policies to accommodate the needs of persons with disabilities. In 2001, the State Office of the Attorney General issued a letter encouraging local governments to adopt a reasonable accommodation procedure. 6 The Department of Housing and Community Development has also urged the same. The federal Fair Housing Act and California Fair Employment and Housing Act impose an affirmative duty on local governments to make reasonable accommodation when such accommodation may be necessary to afford disabled persons an equal opportunity to use and enjoy a dwelling. The State Attorney also provided guidance on the preferred procedure. A reasonable accommodation refers to actions that a city takes to modify land use and zoning regulations affecting housing for people with disabilities. A reasonable modification 6 State Office of Attorney General, May 15, 2001 City of Menifee IV 17 Draft Analysis of Impediments

92 Analysis of Public Policy Impediments is a structural change made to existing premises so that a disabled person can fully utilize the premises. Although the County of Riverside has a more formal process, the City has used a more informal process for making reasonable accommodations. As required by state law, the Housing Element contains a program to develop a reasonable accommodation ordinance that would formalize the process and procedures for how people with disabilities may seek appropriate relief from the strict application of land use, building, and zoning standards. Permit Processing Development permit procedures are designed to ensure that residential development proceeds in an orderly manner so as to ensure the public s health, safety, comfort, convenience and general welfare. Although permit processing procedures are a necessary step, unduly burdensome procedures can subject developers to considerable uncertainty, lengthy delays and public hearings that cumulatively make a project financially infeasible. State law requires communities work toward improving the efficiency of building permit and review processes by providing one stop processing, thereby eliminating the necessary duplication of effort. The Permit Streamlining Act helped reduced governmental delays by limiting processing time in most cases to one year and requiring agencies to specify the information needed to complete an acceptable application. 7 The City makes available to developers a procedural guide for submitting applications. Residential development projects typically undergo several types of approvals ministerial, discretionary actions (either with or without a public hearing), and legislative actions. This section outlines the timeline for the development review process for housing and describes the conditional use permit and design review process. The Planning Department transmits the application to City departments, county agencies, utilities, and the local school districts. Each agency has three weeks to provide comments to the Planning Department. Within 30 days of application submittal, the Planning Department indicates whether their application is complete or incomplete. All department comments are also provided at that time. All project aspects are reviewed, including the plot plan, design review, and other applicable requirements. This review continues until all comments have been satisfactorily addressed. Assessment HCD reviews development processing procedures to ensure that such procedures facilitate and encourage the construction of housing for all income levels. HCD often considers that a Conditional Use Permit for multi family housing subjects the project to unfounded neighborhood criticism that can often lead to rejection of a project that otherwise complies with City regulations. The City is committed to providing sites that are capable of providing 7 Government Code Section et seq. City of Menifee IV 18 Draft Analysis of Impediments

93 Analysis of Public Policy Impediments housing accommodation that meets its fair share of the RHNA. The removal or mitigation of impediments that prevent achievement of this goal is essential. State law prohibits a local agency from disapproving a low income housing development, or imposing conditions that make the development infeasible, unless one of six conditions exists. Three conditions are of most importance: 1) the project would have an unavoidable impact on health and safety which cannot be mitigated; 2) the neighborhood already has a disproportionately high number of low income families; or 3) the project is inconsistent with the general plan and the housing element is in compliance with state law. 8 Public Housing Authority (PHA) Tenant Selection Procedures An examination of the Housing Authority of the County of Riverside s tenant selection procedures did not reveal any impediments to fair housing choice. Based on information provided by the Housing Authority of the County of Riverside, no complaints were received from prospective tenants alleging discrimination or unfair practices in the Housing Authority of the County of Riverside s selection of tenants to occupy public housing projects. Residential Anti Displacement Policy It is the policy of the City of Menifee to comply with the requirements of Section 104(d) of the Housing and Community Development Act of 1974 with respect to the prevention and minimization of residential displacement as a result of the expenditure of HUD assistance. For further information, consult the City of Menifee Consolidated Plan. C. Housing Employment Transportation Linkage This section addresses how Menifee furthers fair housing for its residents through housing, service and transit policies with details on how the City of Menifee and other agencies further fair housing for City residents through housing programs, employment and services. The section concludes with an analysis of transit policies and services to determine if there are impediments to fair housing that are apparent as a result of the locations and concentrations of housing and employment centers as related to public transportation routes in the City. Housing Programs The Housing Element sets forth three primary housing goals including housing diversity, neighborhood quality and housing assistance. As part of its first General Plan program, the City of Menifee will implement the housing programs shown in Table IV 6 to achieve the goals, policies and objectives set forth in the Housing Element. 8 Government Code Section City of Menifee IV 19 Draft Analysis of Impediments

94 Analysis of Public Policy Impediments Table IV 6 Housing Programs Included in the Housing Element Program 1. Minor Home Repair Grant Program The City traditionally participated in Riverside County s Home Repair Program, which provides grants to qualified low income homeowners to address interior and exterior health and safety issues, Housing Quality Standards, or improve the accessibility of homes. To qualify, the homeowner must be low income, own and live in their home in a qualified area, and maintain the home and property in acceptable condition for 10 years. Low income senior homeowners are eligible to apply for repairs that address health and safety issues only. The program does not apply to mobile homes in Menifee. 2. Neighborhood Stabilization Homeownership Program Menifee participates in the Neighborhood Stabilization Program administered by Riverside County. This program provides revenues for intermediaries to acquire, rehabilitate, and resell foreclosed homes. This program provides a silent second loan up to 20% of the purchase price of the home secured by a deed of trust. To qualify, the homebuyer must be a first time homebuyer, be very low, low, or moderate income, and purchase a foreclosed home in the County of Riverside. The Program can also provide substantial home repair assistance including energy efficient improvements. Total combined amount of purchase price assistance and home repair assistance cannot exceed $75,000. Program revenues have been exhausted, but funds are still available as program revenues when a home is sold. Implementation Objective: Issue grants for up to 10 households annually. Request county to expand program to include permitted mobile home units. Targeted group: Extremely low, very low, low, and moderate income Time frame: Annual solicitation of funding Responsibility: Menifee Community Development Department (CDD) Funding Source: CDBG Objective: Support the program by advertising on the City s website. Targeted group: Extremely low, very low, low, and moderate income Time frame: Ongoing Responsibility: Riverside County EDA Funding Source: NSP City of Menifee IV 20 Draft Analysis of Impediments

95 Analysis of Public Policy Impediments Table IV 6 Housing Programs Included in the Housing Element Program 3. Code Enforcement Program The City of Menifee implements a code enforcement program. The program is responsible for enforcing various municipal codes that are intended to maintain the value and safety of property and structures in the community. The program addresses hazardous vegetation, substandard buildings, accumulation of debris and vehicles, graffiti, storm water drainage, green pools, construction without a permit, land use violations, and various other health and safety codes. The City s code enforcement officers work with residents and the business community to remedy code violations in a timely manner. Code enforcement officers are also involved in coordinated cleanup days. This program is viewed as essential to maintaining and improving the safety, livability, and value of properties in the City of Menifee. 4. Habitat for Humanity Habitat for Humanity Inland Valley runs several home rehabilitation and repair programs out of its Inland Valley office. Using federal Neighborhood Stabilization funds, Habitat has rehabilitated 6 homes in Menifee. In addition, Habitat has launched A Brush with Kindness program that offers low cost home repairs to low income families. Sample projects include house/trim painting, weed abatement, address numbers, fence repair, and garage door painting. Funds are provided through its organization and donations. Habitat currently works with Sun City Civic Association to repair about 20 homes per year. Through its partnership with Grid Alternative, low income homeowners may also be eligible to receive free solar panels as part of the program. Grid Alternatives also trains volunteers in an apprentice program, serving to meet economic development goals of communities as well. Implementation Objective: Continue to implement code enforcement activities in an annual basis to address properties not in compliance with City codes. Targeted group: All income groups Time frame: Ongoing Responsibility: Menifee CDD Funding Source: General Funds; CDBG Objective: Continue to partner with nonprofit organizations to assist in meeting city housing needs. Targeted group: Extremely low, very low, and low income Time frame: Annual basis Responsibility: Habitat, Menifee CDD, Sun City Civic Association Funding Source: Grant funds City of Menifee IV 21 Draft Analysis of Impediments

96 Analysis of Public Policy Impediments Table IV 6 Housing Programs Included in the Housing Element Program 5. Rental Housing Assistance The County of Riverside s Housing Choice Voucher (Section 8) program provides rental assistance to very low income families to help them afford decent and safe rental housing in Menifee. This program is currently administered by the Riverside County Housing Authority. The Housing Authority accepts application for rental assistance, selects the applicant for admission, and issues the applicant a rental voucher. The family must then find and lease a unit suitable to the family's needs and desires in the private rental market. The Housing Authority pays the owner a portion of the rent that generally covers the difference between what the tenant can afford (30% of income) and the locally determined fair market rent and payment standard. Because of the limited number of vouchers, there is a waiting list for vouchers. Although not a direct service provider, the City can assist the county by placing advertisements in certain locations throughout the community. 6. Housing Funding As a newly incorporated city, Menifee has limited financial resources available for housing. The Governor s elimination of redevelopment agencies, take of local funds, and take of vehicle license fees has made it necessary to seek other funding sources. To address the need for funding, the City has secured status as an entitlement jurisdiction to receive community development block grants. However, the City is not large enough to qualify for HOME, ESG, or other federal funding sources. General funds are also limited due to the need to fund City operations. Therefore, the City needs a self sustaining funding source that cannot be appropriated by the state to address infrastructure, housing maintenance, foreclosures, and services The City will therefore continue to seek out additional grants that provide funding for the range of housing and community services valued by the City. Implementation Objective: Support Riverside County Housing Authority by placing advertisements for the program for them at City Hall. Timeframe: Ongoing Responsibility: Riverside County Housing Authority Funding Source: Section 8 funds Objective: Review grants and additional funding sources applicable with the objective of 3 per housing element planning cycle. This may include supporting tax credit or bond projects as well. Timeframe: Up to three per the housing element cycle. Responsible Party: Menifee CDD Funding: General Funds City of Menifee IV 22 Draft Analysis of Impediments

97 Analysis of Public Policy Impediments Table IV 6 Housing Programs Included in the Housing Element Program 7. Housing for People with Disabilities State law requires that community care facilities serving six or less must be permitted by right in all residential zones similar to other residential uses in the same zone. The Riverside County Zoning Code, which the City uses until a substitute is adopted, does not clearly define or permit such facilities. Rather, the Zoning Code uses the term congregate care, which is very different in requirements than residential care facilities. Fair housing law requires local governments to implement a reasonable accommodation procedure to provide flexibility in the application of land use policies, zoning regulations, and City procedures to accommodate the needs of persons with disabilities. Currently, the City makes reasonable accommodations through a variance on a case bycase basis, which is not in keeping with fair housing law. 8. Community Services Menifee supports organizations that provide services to the community. Pursuant to the submittal of the City s last Consolidated Plan, Menifee is a federal entitlement jurisdiction. By becoming an entitlement jurisdiction, the City receives CDBG funding of more than $400,000 annually for activities serving income qualified city residents. Services include supporting a domestic violence shelter, providing food services, addressing the needs of seniors, providing clothing for school children, and funding other similar activities. The City will continue to support local community organizations through its Action Plan. Implementation Objective: Amend the Zoning Code to define residential care facility serving six or fewer clients and allow such uses as a by right use in all residential zones. Create a reasonable accommodation procedure. Support agencies in seeking funding for the provision of housing and services for people with disabilities, including developmental disabilities. On an annual basis, reach out to providers as part of the Action Plan solicitation to apply for federal dollars allocated to the City. Timeframe: Concurrent with the Zoning Ordinance update Responsibility: Menifee CDD Funding Source: General Fund Objective: As a new entitlement jurisdiction, assume responsibility for funding organizations that serve public service needs in the community. Timeframe: Annually Responsible Party: Menifee CDD Funding: CDBG City of Menifee IV 23 Draft Analysis of Impediments

98 Analysis of Public Policy Impediments Table IV 6 Housing Programs Included in the Housing Element Program 9. Specific Plans The City of Menifee has 15 approved specific plans that comprise 7,200 acres of land. Of that total, 10 specific plans have significant residential development capacity that will accommodate significant new housing units. This includes singlefamily units, townhomes, apartments, and senior housing built at various densities. These vacant housing sites are free from infrastructure, environmental, or other topographical constraints that would preclude their development. Although these sites are not needed until the next housing element cycle, the City of Menifee will continue to monitor these sites and market conditions and work with developers to facilitate and encourage their development so that they can provide housing commensurate with the regional housing needs allocation. These specific plan vacant sites will be used for the Housing Element update. 10. Zoning Code Update Menifee s General Plan establishes new land use designations that will guide future development in the community. Following adoption of the General Plan, the City will update the Zoning Code to implement the general plan. The Zoning Code update will include permitted land uses, development regulations, and administrative procedures to review and approve projects consistent with the General Plan. Other codes will be adopted to address housing element compliance issues, including fair housing, density bonuses, housing for people with disabilities, and transitional and permanent supportive housing. During the period of time of the update of the Zoning Code and drafting of R standards, the City will accept, consider, and allow proposed residential development projects consistent with the General Plan to proceed, with final approval upon completion and adoption of the zoning code amendment. Implementation Objective: Continue to review and approve residential projects within specific plan areas and/or amend specific plans as needed to accommodate the Round #5 RHNA. Timeframe: Annual basis Responsible Party: Menifee CDD Funding: General Funds Objective: Complete the comprehensive update of the Zoning Code to implement the City s adopted general plan. Timeframe: Commence Zoning Code update in 2014 Responsible Party: Menifee CDD Funding: General Funds City of Menifee IV 24 Draft Analysis of Impediments

99 Analysis of Public Policy Impediments Table IV 6 Housing Programs Included in the Housing Element Program 11. Financial Incentives Program As a newly formed community, Menifee has limited financial resources available to facilitate and encourage the production of housing. About 75% of total fees for residential development are derived from: 1) Transportation Uniform Mitigation Fee; 2) school district fees, and 3) water and sewer fees required from the Eastern Municipal Water District. Under the TUMF program, affordable housing projects are exempt from this fee. School districts do not offer fee waivers for affordable housing, but do allow for significant reductions for senior housing. Water and sewer providers do not offer reductions for either affordable or senior housing. With the elimination of redevelopment and reduction in community development block grants, most cities can no longer subsidize affordable housing. As the economy improves, however, the City will periodically evaluate the appropriateness of its fee strategy for opportunities to support the production of affordable housing. 12. At Risk Housing Preservation The City of Menifee does not have a large stock of publicly subsidized housing at risk of conversion to market rates. Current senior and family apartments provide market rate housing affordable to low and moderate income households. However, with the construction of the Vineyards Senior project and Encanto Apartments, Menifee will have three publicly subsidized projects. The other subsidized multiplefamily project is the Halter Hillside senior development in Sun City. As the City gradually begins to develop an inventory of publicly subsidized housing units, the City will monitor the status of its projects. Should the need arise to preserve or rehabilitate such units, the City will work with property owners or qualified organizations to facilitate the preservation and long term affordability of these projects. Implementation Objective: Annually evaluate the appropriateness of the City s fee structure for encouraging the production of affordable housing. Timeframe: Ongoing and annual review Responsible Party: Menifee CDD Funding: General Funds Objective: Every two years, monitor affordable projects and work with qualified entities to preserve the long term affordability of such projects. Timeframe: Every two years Responsible Party: Menifee CDD Funding: General Funds City of Menifee IV 25 Draft Analysis of Impediments

100 Analysis of Public Policy Impediments Table IV 6 Housing Programs Included in the Housing Element Program 13. Energy Conservation The City of Menifee recognizes the importance of addressing statewide goals for energy conservation and climate change reduction by taking reasonable actions to encourage the conservation of energy, reduction of greenhouse gas emissions, and other feasible practices in residential construction. To that end, the City requires residential developers to meet the 2010 Green Building Code with 20% reductions in indoor water use, 50% reduction in diversion of construction waste generated at the site, achievement of California Energy Standards, and other standards per City specifications. All of these standards are enforced through the permitting process for new housing. As the General Plan EIR is approved, mitigation measures will be evaluated for suitability for implementation to achieve greenhouse gas emission reductions. 14. Density Bonus Program State law requires all cities and counties to adopt a bonus density ordinance that specifies how compliance with the state bonus density law will be implemented. The City of Menifee will adopt a bonus density ordinance to allow greater density bonuses and incentives and concessions for affordable and senior citizen housing, in accordance with changes made in the state mandated density bonus law effective in Among other things, the ordinance will provide for greater density and incentive options based on the level of affordability and percentage of affordable units, as well as incentives for senior housing. The ordinance may also allow basic incentives and concessions to be granted through an administrative procedure, regardless of whether or not the project otherwise requires a discretionary review. In the meantime, the City will permit such requests as required under state law. Implementation Objective: Continue to require adherence to the 2010 Green Building Code and other practices deemed feasible to reduce greenhouse gas emissions and conserve resources in a manner that does not unduly constrain the development, improvement, and affordability of housing. Timeframe: Ongoing Responsible Party: Menifee CDD Funding: General Funds Objective: Prepare local density bonus ordinance consistent with state law. Timeframe: As part of the Zoning Ordinance update Responsible Party: Menifee CDD Funding: General Funds City of Menifee IV 26 Draft Analysis of Impediments

101 Analysis of Public Policy Impediments Table IV 6 Housing Programs Included in the Housing Element Program 15. Lower Income Housing Menifee recognizes that the production of lower income housing, in particularly extremely low income housing, is needed. But this affordability level cannot be achieved without financial assistance. Given the loss of local funding, Menifee will face challenges in encouraging the production of housing for extremely low income persons. To that end, the City will seek, where feasible, to encourage the production of housing affordable to extremely low income households through activities such as developer outreach on an annual basis, rezoning land identified in this housing element, identifying and supporting grants or other funding opportunities, adopting a density bonus program, amending the zoning code to define single room occupancy units, and exploring other feasible means to further this goal. Implementation Objective: Annually outreach to developers, apply for or support applications for funding, and adopt a density bonus ordinance to facilitate housing for extremely low, very low, and low income households. Amend the Zoning Code to define single room occupancy units as part of the Zoning Code update. Timeframe: Annually and within the timeframe of the Zoning Code update. Responsible Party: Menifee CDD Funding: General Funds City of Menifee IV 27 Draft Analysis of Impediments

102 Analysis of Public Policy Impediments Table IV 6 Housing Programs Included in the Housing Element Program 16. Housing for Homeless People State law (Senate Bill 2) was amended to require local governments to address the needs of the homeless and transitional homeless population. This is accomplished in three steps: 1) define emergency shelters as a by right use pursuant to state law; 2) identify an appropriate zone that permits a yearround emergency shelter as a by right use; and 3) make code amendments to allow transitional and permanent supportive housing. In complying with this requirement, the City must amend the Municipal Code to define emergency shelters as required under state law. The City of Menifee can create standards permitted in state law with respect to maximum occupancy, off street parking regulations, onsite waiting and client intake areas, onsite management, proximity of other emergency shelters, length of stay, lighting, and security. Considerable flexibility is granted, but shelters must be subject to development standards required of other uses in the zone. Menifee must also choose an appropriate zone(s) to allow for the provision of emergency shelters, including at least one year round shelter that is capable of accommodating the unmet need for housing. The City has selected an area of 39 acres north of Rouse Road. The sites are vacant, near transportation routes, and near the Menifee Medical Center. These sites could reasonably accommodate the construction of an emergency shelter should the demand exist for one. Development standards could be created to facilitate such a use. The Housing Element also identified a need to revise the Zoning Code to facilitate provision of transitional housing and supportive housing in the City. Pursuant to the California Government Code, these uses must be treated like any other residential use. To bring the City s Municipal Code into compliance with state law, the Municipal Code will be amended for all zoning districts allowing residential use to permit transitional housing and supportive housing as a residential use, subject only to those regulations that apply to other residential dwellings of the same type in the same zone. Implementation Objective: Amend the Municipal Code to allow emergency shelters as a by right use in the I P zone (north of Rouse) and create development and operational standards allowed for under state law. Amend all zones allowing residential use to permit transitional housing and supportive housing as a residential use, subject only to the same standards and processes required for the same type of housing in the same zone. Timeframe: Within one year of adoption of the Housing Element Responsible Party: Menifee CDD Funding: General Funds City of Menifee IV 28 Draft Analysis of Impediments

103 Analysis of Public Policy Impediments Table IV 6 Housing Programs Included in the Housing Element Program 17. Fair Housing Program Menifee is committed to furthering fair housing opportunity for all residents. The Fair Housing Council of Riverside County provides fair housing services, including antidiscrimination and landlord tenant mediation, training and technical assistance, enforcement of laws, and administrative hearings. The City committed to making changes to its code to further fair housing, which addresses reasonable accommodations, Zoning Code updates, housing for people with disabilities, and housing for homeless people. The City will continue to prepare its Analysis of Impediments as required and take necessary steps to remove impediments to fair housing opportunity. Implementation Objective: Annually implement housing programs contained herein, prepare the Analysis of Impediments to Fair Housing as required, and take necessary steps to remove identified impediments to fair housing. As part of the Zoning Code update, revise the term family, single family residence, apartment, and other Zoning Code definitions consistent with fair housing law. Annually publicize and disseminate materials for fair housing services at City Hall and the library. Refer requests for services or concerns to the contracted fair housing service provider. Timeframe: Annually Responsible Party: Menifee CDD Funding: General Funds or CDBG funds Public Services and Facilities A variety of public services and facilities are available to Menifee residents. Some of the key facilities and services are identified in Table IV 7. Public Facility Menifee City Hall Kay Ceniceros Senior Center Romoland Library Sun City Library Paloma Valley Library Audie Murphy Ranch Sports Park E.L. Pete Peterson Park La Ladera Park Lazy Creek Recreation Center Table IV 7: Public Services and Facilities Location Haun Road 2995 Evans Road Briggs Road Cherry Hills Road Bradley Road Newport Road & Lone Pine Park City Avenue La Ladera Road Lazy Creek Road City of Menifee IV 29 Draft Analysis of Impediments

104 Analysis of Public Policy Impediments Public Facility Table IV 7: Public Services and Facilities Location Lyle Marsh Park School Park Drive Nova Park Nova Lane Rancho Ramona Park Encanto Drive Spirit Park Newport Road & Berea Road Aldergate Park Menifee Road & Aldergate Drive Autumn Breeze Park Autumn Lane & Corderro Lane Desert Green Park Painted Desert & Desert Terrace Drive Discovery Park Heritage Lake Drive & Calm Horizon Drive El Dorado Park Trailhead Drive & Lindenberger Road El Dorado Pocket Park Rustic Glen Street & Longleaf Street Eller Park Highway 74 & Antelope Road Grand Vista Park Grand Vista Avenue & Promenade Road Heritage Park Heritage Lake Drive & McCall Boulevard Hidden Meadows Park Highland Court La Paloma Park Menifee Road & Bayport Lane Marion V. Ashley Park and Community Center Briggs Road McCall Canyon Park Brantely Court & Crestwood Street Menifee South Tot Lot Feather Creek & Eickhoff Drive Mira Park Wickerd Road & Mira Street Pepita Square Park Camino Pepita & Camino Cristal Rolling Hills Park Pacific Bluff Street Sunrise Park Simpson Road & Lindenberger Road Wheatfield Park, Menifee Gym and Rec. Center Menifee Road & La Piedra Road Mahogany Creek Park Garden Grove Drive & ark Trail Way Source: City of Menifee, City of Menifee IV 30 Draft Analysis of Impediments

105 Analysis of Public Policy Impediments Map IV 3 Transit Access to Public Facilities City of Menifee IV 31 Draft Analysis of Impediments

106 Analysis of Public Policy Impediments Employment in Menifee A variety of career opportunities are available in Menifee with large employers, such as those shown in Table IV 8. Name of Business or Institution Table IV 8 Major Employers Number of Employees % of Total City Employment Type of Business Menifee Union School District 1, % Education Mt. San Jacinto College District % Education Romoland Elementary School District % Education Sodexo % Food Operations Menifee Valley Medical Center % Medical Target Corporation % Retail Datatronics % Technology Southern California Edison % Technology United Parcel Service % Postage/Mail Stater Brothers % Retail Total Employees with Major Employers: 3, % Source: City of Menifee Comprehensive Annual Financial Report, City of Menifee IV 32 Draft Analysis of Impediments

107 Analysis of Public Policy Impediments Map IV 3 Transit Access to Major Employers City of Menifee IV 33 Draft Analysis of Impediments