Carmel-by-the-Sea City Council
November 1, 2022

Strategy Paper
Outline for the Downtown Guidelines
With the focus of the guidelines in mind, a recommended outline for the Downtown Design Guidelines follows. This will be refined at the outset of Phase 2, in which a draft of the guidelines will be produced.

1. Introductory material
a. How to use the guidelines
b. How they are organized, etc.
c. Relationship to other regulations and permitting processes

2. Design character of downtown
a. A description of styles found traditionally in the downtown b. A description of key features which are valued and should be respected in all work in the downtown

3. Key principles that all projects should follow, including… a. Maintain street level interest
b. Maintain the perceived low scale of buildings
c. Encourage use of natural materials
d. Accommodate a diversity of design within a range that is compatible e. Respect the topography

4. Guidelines for all building types
a. Materials
b. Street level interest
c. Awning and canopies
d. Lighting
e. Service areas
f. Utilities and rooftop equipment

5. Guidelines for specific building types
a. Commercial
b. Mixed-use
c. Multifamily
d. Hotel/Motel
e. Limited commercial
f. Single family houses (where permitted in existing zone districts)

6. Landscaping (on both public and private lands)
a. Plant beds
b. Planters
c. Paving (changes in)
d. Trees

7. Outdoor spaces (courtyards and intra-block walkways) a. Design features
b. Relationship to building size
c. Proportions

8. Signs
a. The standards are in the code.
b. The guidelines should focus on character and location of signs.

DRAFT
c. The illustrations should appear to comply with the code.

Attachment 1

Carmel-by-the-Sea Design Traditions 1.5 Strategy Paper
Specific edits that are recommended for the Downtown design guidelines Within the framework of the outline presented above, these are some specific edits, which are in three categories:

Clarify existing guideline text.

In these cases, the general principles exist and remain valid, but need more explanation. Examples include:

1. Enhancing street level interest and a pedestrian orientation

2. Using appropriate high quality building materials, including man-made materials

3. Maintaining traditional scale in new buildings

4. Window design
Illustrate an existing guideline more effectively.

In these cases, better graphics (photographs and sketches) would help in interpreting the guidance.

For example:

1. Show the range of ways to enhance street level interest, including storefronts, display cases, planters and outdoor use areas.

2. Illustrate how a simple variation in building heights of one and two stories for portions of a new building can help maintain the traditional scale of the street.

3. Provide examples of well-crafted, high-quality building details.

Add new Design Guidelines topics.

In this case, new language and illustrations address topics that presently are overlooked. For example, provide guidelines for:

1. Mixed-use buildings with limited commercial buildings

2. Multifamily buildings

3. Single family buildings in downtown districts

4. Landscaping in the public Right-of-Way and in private outdoor spaces DRAFT
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Strategy Paper
VI. STRATEGY FOR THE RESIDENTIAL DESIGN GUIDELINES
This section summarizes the approach to updating the Design Guidelines for the R-1 residential zones in Carmel.

Refine the existing guidelines as a base for the update.

The existing text remains valid in many ways. Retain most of this language in the update, editing and expanding it as needed to improve clarity and interpretation.

Add new topics that are now important.

For example, a note is needed about how the guidelines apply to potential Accessory Dwelling Units and how State law sets some limits on review. Other topics need further clarification and explanation. For example, guidelines exist about maintaining a “forest” image in front yards, but more detail is needed to explain this topic. Guidance for minimizing fire hazards also should be addressed.

Add a discussion of “context” and how the guidelines should take it into consideration.

The guidelines frequently refer to “context” but there is little explanation of what that means especially with respect to the Village-in-a-Forest concept. There is some recognition that context varies in different parts of the city, but again there is little description of these differences.

Focus the Design Guidelines on key principles.

The refined residential guidelines should emphasize these principles:

1. Maintaining forest character
This is a universal principle, but there are differences in how to apply it based on context.

For example, Scenic Road and some areas near the Carmel Mission are very different from other neighborhoods and specific guidance is needed for such conditions. Also include a definition of the term “forest character” to facilitate interpretation of related guidelines.

2. Respecting diversity in design
People note that diversity in architecture is a part of Carmel’s design traditions (albeit within a range that fits within the forest character.) This needs careful explanation such that blatantly inappropriate designs do not occur. The guidelines should explain how to respect the design variables that relate to fitting in.

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Carmel-by-the-Sea Design Traditions 1.5 Strategy Paper
Specific edits (organized by the type of edit)
Clarify existing guideline text.

General principles are embedded in the Concept Phase guidelines, but they need to be more clearly stated. Update the general principles, to include more recent input from the community.

Several guidelines related to specific topics also need clarification. For example:

1. Being subordinate and fitting in
• Explain the concept and include a definition of the term “subordinate.”

2. Views and solar access
• Clarify how view opportunities are to be shared among neighbors.

3. Landscaping in the front yard
• Emphasize how the concept of “layered” planting schemes should apply. • Update specifications related to tree protection.

4. Driveway paving
• Strengthen language related to the use of pervious materials, including interlocking pavers with spacers and driveway strips.

5. Color
• Emphasize the use of muted, earth tones.
• Clarify how white and black color schemes may and may not be appropriate.

6. Building form
• Discuss how simple variations in massing should be applied in ways that appear to be authentic, rather than creating overly-busy forms with superficial wall off-sets. • Step the building with the topography.

7. Synthetic materials
• The guidelines currently say “avoid” synthetic materials. Some new materials, however, can appear to be authentic and are fire-resistant. Expand the discussion of how and when to use them.

8. Use of stone
• Clarify how to use stone as a “base” material with lighter materials above such that it appears to be authentic, rather than a fake veneer.

Illustrate existing guidelines more effectively.

1. Add new photos to address new topics. Examples are:
• Provide examples of windows with good detailing, of various styles. • Also provide examples of alternative driveway paving designs. • Add photos of more recent compatible infill, with an explanation of why they fit in.

2. Add sketches where this is a better tool than a photo. For example:
• Illustrate the concept of “layered” landscaping with additional sketches. • Also illustrate the concept of “balancing” key design variables, especially in building DRAFT
design.

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Strategy Paper
Add new Design Guidelines topics that are now important. Examples needed for new material are:

1. Converting a garage in front to an ADU (and in code) • Discuss how to determine “compatibility” of an ADU with the main building as provided in state law.
• Also discuss how an existing driveway may be repurposed if a garage is converted into an ADU.

2. Using Carmel stone (or similar) for retaining walls, including those for driveways

3. Designing cool roofs (those intended to reduce heat gain, sometimes of lighter colors)

4. Installing heat pumps

5. Planning rain gardens (planted areas designed to retain rain water runoff)

6. Installing solar panels
Change existing guidance if needed. Some examples:

1. Roof material
The current guidelines encourage the use of wood or composition shingles. Today, these are not recommended for fire resistance. To consider:
• Permit low-profile, painted metal roofs, with the color to be muted. • Permit metal roofs with an aged patina that eliminates glare (but prohibit copper roofs for environmental concerns).
• Permit cool roofs (with considerations of visual impacts).

2. Roof form
The current guidelines state that flat roofs should be used only on smaller, one-story portions of a building. Revisit this guidance. (Note that zoning standards contradict this policy.)

3. Retaining walls
• Strengthen language to promote, or even require, stone as the exposed surface material on retaining walls in the front setback.
• Strongly discourage, or even prevent retaining walls in the ROW, except in extreme unstable slope conditions.
• Strengthen language limiting retaining walls in the front setback that lead to belowgrade garages.

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Carmel-by-the-Sea Design Traditions 1.5 Strategy Paper
VII. STRATEGY FOR ZONING CODE AMENDMENTS
Some edits to the zoning code are recommended as part of the Design Traditions Project whereas other revisions to the zoning code are to be addressed in the work program of the planning staff later. Zoning code edits to address in the Design Traditions Project include:

Clarify how the design review process applies to ADUs.

The state law provides for limited and objective review to assure compatibility with the main house on the property. One issue to address is how review may apply when converting a garage that is in front. (Note that a garage that encroaches into the front setback is a special condition approved by the Planning Commission and if a conversion to one of these can occur needs further clarification.) Clarify how paving materials apply to calculating site coverage.

Some paving is needed for functional requirements. Review the standards to assure that the materials are permeable.

Expand standards for fences.

Review the standards for fences to clarify some basic questions: (1) Can a non-conforming fence be replaced in kind, or must a replacement comply with current standards? Also clarify the range of appropriate fence types: Unpainted wood is preferred. Are other materials appropriate? Does this vary by context? For example, where might a white picket fence appropriate? May fire-resistant materials be used? Re-evaluate Volumetric standards.

An important standard is the regulation of the exterior volume of buildings on a property. The intent is to keep building size subordinate in relation to the forest and neighborhood context. Some people have noted that the current formula encourages only a small number of roof pitches, especially on larger buildings and ones that differ from traditions in other key variables, such as materials and windows designs. Others find the calculations too complicated. Consider these alternatives:

1. Continue to use the volumetric system but simplify how it is calculated.

Also adjust the system to encourage various degrees of pitched roofs. The advantage of this approach is that using volumetrics is long-established and an update would be easier to understand and predict the potential outcomes.

2. Change to a bulk plane (building envelope) system.

This system defines a three-dimensional area within which a building may occur. It can have any pitched form, to encourage varied sloped roofs (while potentially permitting appropriately scaled flat roofs). This would require some study to assure that the desired volumes would be permitted.

Applying it to the various sloped site conditions in Carmel also is a challenge to evaluate.

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Strategy Paper
Strengthen standards for garage encroachment in the front setback.

Criteria for documenting the need for an encroachment exist but are listed as a “high level” in the code, but without detail that would help assure that the required conditions are met. Among the criteria to clarify:

1. Site features that limit other alternatives

2. Topographic constraints

3. Saving a tree, or maintaining other important open space

4. Maintaining variation in building setbacks in a block Strengthen standards for cut & fill.

Not all cut-and-fill work requires Planning Commission approval at present. The current threshold for requiring a PC hearing is removal of 25 cubic yards. Consider reducing the threshold and providing more specific conditions for approval, including how the changes affect front yard character.

Strengthen standards for exterior lighting.

Address how light levels are measured. (New light sources are rated in lumens and Kelvin scales.) Also strengthen requirements for shielding light sources. Also consider incorporating concepts from the International Dark Skies Association
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Carmel-by-the-Sea Design Traditions 1.5 Strategy Paper
VIII. STRATEGY FOR REVIEW PROCESS AND ADMINISTRATION AMENDMENTS An objective is to assure that a skilled and well-informed design review body applies the standards and guidelines consistently.

Refine the decision-makers’ role.

Further study these alternatives:

1. Enhance the process for the Planning Commission to continue conducting design review.

The advantage is that design is considered in the context of other planning commission issues.

Improved guidelines and standards would help assure that decisions follow adopted policies.

2. Re-establish a Design Review Board as an advisory body. This provides a focused review but it adds a step in the process. It still retains the PC as the decision-making body.

3. Establish a Design Review Board as the decision-making body. While there would be two steps in permitting, the topics would be separated between the Design Guidelines and the zoning standards. The DRB would determine compliance with the design guidelines and could advise the PC about the appropriateness of any requests for exceptions to zoning standards. Complications may arise when projects needing design approval also require other entitlements that must be granted by the Planning Commission (e.g. Variances).

Provide a review structure which assures all guidelines are adequately met.

Regardless of who reviews and determines compliance, some structural improvements could enhance predictability. These are some recommendations:

1. Identify key guidelines related to compatibility as “priorities” to assure that they are fully met.

2. Use a checklist for review that highlights the priority guidelines. This also would help assure that those guidelines are met.

Provide opportunities for community comment.

In addition to having public comment at a commission hearing, provide for a regular review by the community of the process. Holding a bi-annual review of the system is recommended. This would be a community meeting and also would include an on-line survey.

Assure that the reviewers are skilled in applying design guidelines.

While some board or commission members may be experienced designers themselves, reviewing designs is a skill to be learned. Training in design review should be a regular requirement. Conducting an annual design review training for the board or commission is recommended. Also include annual training for staff.

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Strategy Paper
IX. NEXT STEPS
Many of the recommendations put forth in this Strategy Paper can be executed directly after public comment and guidance from decision-makers. Others will require further study and discussion.

The Strategy Paper will be reviewed by the community, and some of the recommendations will be discussed in an upcoming public workshop. They also will be discussed in work sessions with the Planning Commission and City Council.

Based on information gained from those meetings, the approach will be adjusted as needed. Drafting of the updates will then begin. When public review drafts of the updates are prepared, they will be presented for discussion in a subsequent public workshop. Revisions to the drafts, based on community input, will follow.

The final drafts will then be introduced for adoption by the Planning Commission and City Council.

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Carmel-by-the-Sea Design Traditions 1.5 Strategy Paper

1. Using multiple images
Below is an example of a “grid” of images could be added that illustrate appropriate design solutions for a specific topic. In this case, residential gates are shown. Note that the preceding text is as it exists today, with only a few edits to strengthen language.

THE FOLLOWING IS ONLY AN EXAMPLE
Gates and Arbors
When a fence or low wall is used at the street frontage, the entry is often marked by a gate or arbor. These features should be small and intimate in their proportions and should be an integral part of the overall landscape design. Fences, gates and arbors provide an opportunity to include unique details that reflect a hand-crafted design. Creative design approaches are encouraged when they are subtle and well-integrated with the site. Gates and arbors that appear to be mass produced or machined are inappropriate.

11.6 A gate shall help create a sense of entry and therefore should be distinguishable from the adjoining fence or wall. • Use distinctive design details to express individuality and craftsmanship.
• Gates shall have open or transparent qualities that allow filtered views into the property.

Sample edits to illustrations:

The following pages (pg 20-26) provide examples of potential changes to how illustrations could appear in the updated Guidelines. The intent of these changes would be to make the illustrations easier to see and more useful to readers.

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Carmel-by-the-Sea Design Traditions 1.5 Strategy Paper
Appropriate gates (EXAMPLE ONLY)
Inappropriate gates (EXAMPLE ONLY)
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Carmel-by-the-Sea Design Traditions 1.5 Strategy Paper

2. Adding color to existing guidelines
In many cases, existing residential guidelines may have some minor edits, both graphically and in text.

An example is included in the following pages. Some potential text edits are shown here. Updates to illustrations include substituting older black-and-white photographs with new color examples and adding color to original sketches. Potential edits could also include "X's" and "Checks" to clearly indicate appropriate designs.

THE FOLLOWING IS ONLY AN EXAMPLE
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Strategy Paper
Inappropriate: Elevating a site to maximize views.

Proposed
building
New fill to elevate a structure
to maximize views
Tree cropped
to open up
view

V I E W
Appropriate: A new building is sited to maintain views from existing houses.

Proposed
house
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Carmel-by-the-Sea Design Traditions 1.5 Strategy Paper

6.0 Parking and Access
Traditionally, parking was a subordinate element in Carmel’s residential neighborhoods, both on an individual parcel and along the street in general. Today, providing access for an automobile on a site is often a necessity, and doing so is encouraged, as a means of reducing on-street parking pressures. Nonetheless, it should remain subordinate to the overall character of the site.

Usually a garage was a subordinate element in a site plan and often was detached from the house. The wide variety of garage positions contributed to the diversity of the street scene: Many were located at the front property line, while others were sited in the rear. In later years, the garage was often attached, but remained subordinate to the main mass of the house. These traditions of diversity and subordinate character should be continued.

In some cases, it appears that owners positioned their garages away from prominent views. In particular, they located them uphill, away from downhill views to the ocean. When locating a garage, consider view impacts, the relationship to open space on the lot, and the relationship to that of neighboring properties.

Objectives for this section:
• To minimize the visual impacts of cars on a site
• To minimize the extent of hard, impervious surfaces
• To avoid garage structures that dominate the site and building design

6.1 Facilities for parking shall not dominate the design of the house or site.
• The mass of a garage shall be subordinate to that of the house. • Garages that are subordinate design elements are appropriate. • Garages that are not visible from the street are appropriate. • Garages integrated into the building design are encouraged. • On smaller lots, with a garage visible from the street, provide a single, one-car garage door.
• Avoid moving established driveways if trees or significant vegetation would be harmed.

6.2 Parking facilities that maintain or enhance variety along the street edge are encouraged.
• Consider using a detached garage or carport.
• In some cases, parking facilities may be located in the front setbacks (as a conditional use)
Consider using a carport for variety
along a block.

Add reference to code here
In limited circumstances a garage may
be located under a structure when the
visual impacts will be minimized. This
garage is clearly subordinate to the main
building mass.
4 4
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Strategy Paper
Driveway paving

6.3 Minimize the amount of paved surface area of a driveway. • In general, the width of a driveway should not exceed 9 feet. • Also consider using paving strips, or “tire tracks,” for a driveway. This is especially appropriate for a long drive that runs to the rear of a property.
• Except for corner sites with a “through driveway,” only one curb cut and one driveway should be provided for a site. Sharing a driveway with an adjacent property is an alternative that also may be considered.
• Avoid large expanses of paving for vehicles visible from the street.

6.4 Separate a driveway from a front walkway to reduce the visual impacts of paved surfaces.
• Install plant materials to separate a walk from a driveway.

Garage location

6.5 Position a garage to maximize opportunities for open space, views and privacy.
• Locate a garage to maintain larger contiguous areas of open space on a site.
• Locate a garage to screen activity areas on adjacent properties to enhance privacy.
• Locate a garage to maintain views through the property.

Appropriate
The walkway and drive are
separated, reducing the apparent
amount of paved area.

Inappropriate
A walkway and drive are
combined, increasing the
apparent size of paved area.

Consider using a shared driveway to
minimize the amount of paving area.
4 Position a garage (or carport) to
maximize opportunities for open space,
views and privacy.
4 DRAFT
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Carmel-by-the-Sea Design Traditions 1.5 Strategy Paper

6.6 Locate a garage to minimize its visual impacts.

Three options should be considered:

1. Detached, at the rear of the lot.

2. Detached, in front, along the property line is acceptable, when other design traditions objectives are met. This option should not be repeated to excess within a block.

3. Under the house, when other design tradition objectives are met. (See below.)

6.7 In limited circumstances a garage may be located under a structure when the visual impacts will be minimized.
• The garage door should not dominate the front of the house.

It shall not contrast highly with the color or materials of the house. A door perpendicular to the street is best in this condition, and... • The driveway shall not dominate the front yard and may not create a “ramp” effect or introduce tall or massive retaining walls. A sense of a front yard must be maintained.

Inappropriate “ramp” driveway
Placeholder
Preferred: Locating a detached garage at
the rear of the lot
4 Preferred: Orienting the garage door
away from the street.
4 When a garage is located under the house, the driveway should not create a ramp effect. The garage door also should not dominate the front. 4 8
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Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
November 1, 2022

ORDERS OF BUSINESS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brian Pierik, City Attorney
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2022-097 Authorizing the Mayor to Execute a Sixth Amendment to the City Administrator At-Will Employment Agreement Effective October 1, 2022 RECOMMENDATION:

Adopt Resolution 2022-097 authorizing the Mayor to execute a sixth amendment to the City Administrator At-Will Employment Agreement effective October 1, 2022.

BACKGROUND/SUMMARY:

On February 2, 2016, the City entered into an Employment Agreement with Chip Rerig, to serve as the City Administrator with a base salary of $190,000. Since that time, the City Council has approved salary increases for the City Administrator and the current base salary of Mr. Rerig is $216,650.

The attached Resolution authorizes the Mayor to execute a sixth amendment to the City Administrator At- Will Employment Agreement effective October 1, 2022. Exhibit A (attached) to the Resolution is a proposed sixth amendment to City Administrator At-Will Employment Agreement which includes a proposed salary increase of 7% of the current salary of $216,650 which is $15,165. The total base salary proposed in the Sixth Amendment is $231,815.

FISCAL IMPACT:

The proposed salary increase in the sixth amendment to the City Administrator At-Will Employment Agreement is $15,165.

PRIOR CITY COUNCIL ACTION:

Resolution No. 2016-012: Resolution authorizing the Mayor to execute an Employment Agreement between the City and Chip Rerig on February 2, 2016
Resolution No. 2017-088: Resolution approving a First Amendment to the City Administrator Employment Agreement on August 8, 2017
Resolution No. 2018-110: Resolution authorizing the Mayor to execute a Second Amendment to the City Administrator Employment Agreement Effective March 1, 2018 Resolution No. 2020-034: Resolution authorizing the Mayor to Execute a Third Amendment to the City Administrator At-Will Employment Agreement Effective June 1, 2020 Resolution No. 2020-077: Authorizing the Mayor to Execute a Fourth Amendment to the City Administrator At-Will Employment Agreement Effective November 1, 2020 Resolution No. 2022-015 Authorizing the Mayor to Execute a Fifth Amendment to the City Administrator At- Will Employment Agreement Effective October 1, 2021 ATTACHMENTS:

Attachment 1) Resolution 2022-097
Attachment 2) Exhibit A - Sixth Amendment to Employment Agreement

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-097

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA

AUTHORIZING THE MAYOR TO EXECUTE A FIFTH AMENDMENT TO THE CITY ADMINISTRATOR AT-WILL EMPLOYMENT AGREEMENT EFFECTIVE OCTOBER 1, 2021 WHEREAS, pursuant to Resolution No. 2016-012, the City of Carmel-by-the-Sea (“City”) and Chip Rerig executed an Employment Agreement (“Employment Agreement”) effective February 2, 2016 to provide City Administrator services to the City; and WHEREAS, pursuant to Resolution No. 2017-088, City and Chip Rerig executed a First Amendment to the Employment Agreement to continue to provide City Administrator services to the City; and
WHEREAS, pursuant to Resolution No. 2018-110, City and Chip Rerig executed a Second Amendment to the Employment Agreement to continue to provide City Administrator services to the City; and
WHEREAS, pursuant to Resolution No. 2020-034, City and Chip Rerig executed a Third Amendment to the Employment Agreement to continue to provide City Administrator services to the City; and
WHEREAS, pursuant to Resolution No. 2020-077 City and Chip Rerig executed a Fourth Amendment to the Employment Agreement to continue to provide City Administrator services to the City; and
WHEREAS, pursuant to Resolution No. 2022-015 City and Chip Rerig executed a Fifth Amendment to the Employment Agreement to continue to provide City Administrator services to the City; and
WHEREAS, the functions, duties and prerogatives of the City Administrator are specified in the Carmel-by-the-Sea Municipal Code and the provisions of the City Municipal Code shall control should any conflict exist pertaining to either this Resolution or the Sixth Amendment that it authorizes; and
WHEREAS, the City Administrator shall continue to serve at the pleasure of the City Council; and
WHEREAS, this action does not constitute a "project" as defined by California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment; and WHEREAS, the attached proposed Sixth Amendment to the Employment Agreement is presented to the City Council for approval.

Attachment 1

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES HEREBY:

Authorize a Sixth Amendment to the Employment Agreement as follows:

1. Effective October 1, 2022, increase the City Administrator’s annual base salary 7% of the current salary of $216,650 which is $15,165 and shall be increased to $231,815. 2 The Mayor is authorized and directed to execute a Sixth Amendment to the City Administrator At-Will Employment Agreement (Exhibit A) to this Resolution.

2. This Resolution shall take effect immediately following passage and adoption by the Carmel-by-the-Sea City Council.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BYTHESEA this 1st day of November, 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1

SIXTH AMENDMENT TO CITY ADMINISTRATOR

AT-WILL EMPLOYMENT AGREEMENT
This Sixth Amendment to City Administrator At-Will Employment Agreement ("Fifth Amendment") is made and entered into between the City of Carmel-by-the-Sea, California, a municipal corporation ("City") and Richard ("Chip") Lyons Rerig, an individual ("City Administrator"). The City and the City Administrator are sometimes individually referred to as a "Party" and collectively as "Parties." This Sixth Amendment shall be effective on October 1, 2022.

WHEREAS, the Parties entered into an Employment Agreement ("Employment Agreement") on February 2, 2016.

WHEREAS, pursuant to Section 7A of the Employment Agreement, City Administrator received a base salary that, at the time of the Employment Agreement, was $190,000.00.

WHEREAS, the current base salary of the City Administrator based upon Resolution No. 2022- 115 and the Fifth Amendment to the Employment Agreement is $216,650.

WHEREAS, pursuant to the Employment Agreement, the City Council of the City of Carmel-bythe-Sea ("City Council") grants salary increases to City Administrator in its discretion.

WHEREAS, the Parties now desire to amend the Employment Agreement as follows:

NOW, THEREFORE, in consideration of the promises herein, the Parties agree as follows:

1. Term: Pursuant to Section 4 of the Employment Agreement, City Administrator's Term shall continue until March 1, 2029 or the date of earlier termination in accordance with the provisions in the Employment Agreement.

2. Salary Increase: The City Council hereby approves a salary increase for the City Administrator to $231,815 effective October 1, 2022.

3. Government Code Provisions
a. Pursuant to Government Code section 53260, in the event City provides City Administrator with a cash settlement related to termination of the Employment Agreement, the cash settlement shall not exceed the lesser of (1) an amount equal to the monthly salary of Employee multiplied by 18 or (2) an amount equal to the monthly salary of City Administrator multiplied by the number of months left on the unexpired term of the Employment Agreement.
b. Pursuant to Government Code sections 53243 and 53243.3, in the event City provides paid leave salary to City Administrator pending an investigation into City Administrator, the City Administrator shall fully reimburse City for any paid leave salary if City Administrator is convicted of a crime involving an abuse of his office or position. c. Pursuant to Government Code sections 53243.1 and 53243.3, in the event the City provides funds for City Administrator's legal criminal defense, the City Administrator shall Attachment 2
fully reimburse City for any such funds if City Administrator is convicted of a crime involving an abuse of his office or position.
d. Pursuant to Government Code sections 53243.2 and 53243.3, in the event LAFCO provides City Administrator with a cash settlement related to City Administrator's termination, City Administrator shall fully reimburse City for any such cash settlement if City Administrator is convicted of a crime involving an abuse of his office or position. e. Pursuant to Government Code section 53243.4, an "abuse of office or position" means (a) an abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority, or (b) a crime against public justice, including, but not limited to, a crime described in Title 5 ( commencing with Section 67), Title 6 ( commencing with Section 85), or Title 7 (commencing with Section 92) of Part 1 of the Penal Code.

4. Except as specifically modified and amended in this Sixth Amendment, the Employment Agreement and its prior amendments remain in full force and effect and binding upon the Parties.

IN WITNESS WHEREOF, the Parties have executed this Sixth Amendment.

CITY OF CARMEL-BY THE SEA
A Municipal Corporation
By:________________________________ By:______________________________ Dave Potter, Mayor Chip L. Rerig, City Administrator
Date: ______________________ Date: ______________________ ATTEST:

By:_________________________________
Nova Romero, MMC, City Clerk
Date: __________________________
APPROVED AS TO FORM:

By:__________________________________
Brian Pierik, City Attorney
Date: ___________________________
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
November 1, 2022

PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Brandon Swanson, Community Planning & Building Director APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Consider Resolution No. 2022-098 amending CDP 18-231 to extend the current Beach Fire Management Pilot Program by six months, with an end date of May 15, 2023
RECOMMENDATION:

Adopt Resolution No. 2022-098 amending CDP 18-231 to extend the current Beach Fire Management Pilot Program by six months, with an end date of May 15, 2023.

BACKGROUND/SUMMARY:

EXECUTIVE SUMMARY
The current Beach Fire Management Pilot Program Coastal Development Permit (CDP) will expire on November 30th, 2022. Upon expiration, the City’s beach fire regulations will revert to Section 17.20.200 of the Carmel Municipal Code. Among other things, this reversion would allow for an unlimited number of fires to be built in the sand, all year long. To allow time for an amendment to the City’s Local Coastal Program (LCP) per Council’s September 13th direction to allow propane-only devices, an extension to the existing CDP must be approved prior to expiration.

BACKGROUND / SUMMARY
The Beach Fire Management Pilot Program (‘Pilot Program’) was first adopted on June 30, 2016, through the approval of a Coastal Development Permit (CDP 18-231), in response to issues associated with unrestricted fires on Carmel Beach. The Pilot Program, was intended to provide the City with an opportunity to explore various beach-fire options, with the ultimate goal of making permanent changes to the beach-fire rules through a Local Coastal Program amendment.

For the 2016 to 2019 seasons, the Pilot Program took several different shapes with various numbers of devices allowed on the beach. In 2020, as part of an effort to slow the spread of COVID-19. In 2021 the Pilot Program resumed, although with a reduced number of visitors due to travel restrictions related to COVID-19. The 2022 season however, took place with no travel restrictions in place, and therefore was the first full season managed under the strict five (5) device rules of the current Pilot Program.

On September 13th, 2022, City Council received a report and provided direction to staff to draft new regulations regarding fires on Carmel Beach. The Council’s direction was to allow only user-supplied, propane fueled fire devices on the beach, with the burning of wood strictly prohibited. In order to codify these new regulations, both the City’s Municipal Code and Local Coastal Program will need to be amended. Ultimately, this will require approval/certification by the Coastal Commission. Currently, the Pilot Program will fully expire on November 30, 2022, and will automatically revert back to the City’s codified Municipal Code regulations.

To prevent reverting back to section 17.20.200 of the City’s Municipal Code, which allows wood fires to be built in the sand year-round, Council is being asked to amend CDP 18-231 which authorizes the Pilot Program. This amendment would extend the “life” of the Pilot Program until May 15th, 2023, providing staff with approximately six months to draft and process the necessary regulatory documents through the Planning Commission, City Council, and ultimately the Coastal Commission. It is worth noting that May 15th was chosen for the extension date for the Pilot Program so that it would expire before wood burning devices would be allowed on the beach for the 2023 season (the date previously approved by the City Council as the beginning of beach fire season).

ENVIRONMENTAL REVIEW
The Pilot Program is categorically exempt from CEQA requirements pursuant to Section 15306 (Class 6) of the State CEQA Guidelines. Class 6 exemptions include data collection, research, and experimental management activities which do not result in a major disturbance to an environmental resource. These activities may be part of a study leading to an action which a public agency has not yet approved, adopted or funded.

FISCAL IMPACT:

Staff time associated with drafting and processing amendments to the Beach Fire Management Pilot Program is included in the adopted FY 2022-2023 departmental operating budgets.

PRIOR CITY COUNCIL ACTION:

The City Council's most recent action regarding this matter was on September 13, 2022 where they provided direction to modify the City's ordinance for beach fires.

ATTACHMENTS:

Attachment 1) Resolution 2022-098

CITY OF CARMEL-BY-THE-SEA CITY

COUNCIL
RESOLUTION NO. 2022-098

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING COASTAL DEVELOPMENT PERMIT 18-231 TO EXTEND THE CURRENT BEACH FIRE

MANAGEMENT PILOT PROGRAM BY APPROXIMATLEY SIX MONTHS, WITH AN END DATE OF MAY 15, 2023

WHEREAS, on June 30, 2016, the City Council approved Coastal Development Permit (‘CDP’) No. 18-231 establishing a Beach Fire Management Pilot Program (‘Pilot Program’) in response to issues associated with unrestricted fires on Carmel Beach; and WHEREAS, CDP 18-231 is set to expire on November 30, 2022; and

WHEREAS, upon expiration of CDP 18-231, regulations pertaining to fires on Carmel Beach will revert to Carmel Municipal Code (CMC) Section 17.20.200 which allows for an unlimited number of fires to be built in the sand, all year long; and

WHEREAS, on September 13th, 2022, the City Council provided direction to staff to draft new regulations regarding fires on Carmel Beach allowing only user-supplied, propane fueled fire devices on the beach, with the burning of wood strictly prohibited; and

WHEREAS, on September 13th, the City Council further directed staff to return with a mechanism to prevent the City’s beach fire regulations from reverting to CMC Section 17.20.200; and WHEREAS, amending CDP 18-231 to extend the Pilot Program will keep in place the prohibition on wood fires on Carmel Beach between September 15th, 2022 and May 15th, 2023.

NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMELBYTHE-SEA DOES HEREBY:

Adopt a resolution amending CDP 18-231 to extend the current Beach Fire Management Pilot Program by approximately six months, with an end date of May 15, 2023.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THESEA this 1st day of November 2022, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Attachment 1

APPROVED: ATTEST:

_______________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk

Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
November 1, 2022

PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Marnie R. Waffle, AICP, Principal Planner APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Resolution 2022-099, Agreement between the County of Monterey and the City of Carmel-by-the-Sea for joint participation in the Permanent Local Housing Allocation (PLHA) funding program for fiscal years 2019-2023
RECOMMENDATION:

Adopt Resolution 2022-099 (Attachment 1) authorizing the County of Monterey to submit an application on behalf of the City of Carmel-by-the-Sea for the Permanent Local Housing Allocation (PLHA) Program, adopting the County of Monterey’s 5-Year Plan, authorizing the execution of an agreement with the County of Monterey for joint participation in the PLHA funding program for fiscal years 2019-2023 and delegating to the County of Monterey administration of the PLHA program on behalf of the City of Carmel-by-the-Sea.

BACKGROUND/SUMMARY:

The State of California Department of Housing and Community Development (“HCD”) is authorized to provide up to $ 335 million to Cities and Counties for assistance under the SB 2 Permanent Local Housing Allocation Program ("PLHA Program") Formula Component from the Building Homes and Jobs Trust Fund, which establishes permanent and ongoing funding dedicated to promoting and facilitating affordable housing development (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB2)).

The State issued Permanent Local Housing Allocation Final Guidelines ("PLHA Program Guidelines") in October 2019 and issued a Notice of Funding Availability ("NOFA") dated August 17, 2022 (Attachment 2) under the Permanent Local Housing Allocation ("PLHA") Formula Component.

The City of Carmel-by-the-Sea is eligible to receive up to $491,704 in funds disbursed over a five-year period from 2019 to 2023. The staggering lack of affordable housing in the City necessitates the pursuit of all available resources; PLHA funds offer a prime opportunity to preserve the City’s limited existing affordable housing units and advance the effort to create new affordable housing.

As described in the PLHA Final Guidelines (Attachment 3), eligible activities are limited to one or more of the following:

1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, or rental housing that is Affordable to Extremely Low-, Very-low-, Low-, or Moderate-income households (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas, including necessary operating subsidies).

2. The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in High-cost areas.

ADUs shall be available for occupancy for a term of no less than 30 days.

3. Matching portions of funds placed into Local or Regional Housing Trust Funds.

4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.

5. Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing up to 30 percent of AMI).

6. Assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance with a term of at least six months, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
a) This Activity may include subawards to Administrative Entities as defined in HSC Section 50480(a)(1-3) that were awarded California Emergency Solutions and Housing (CESH) program or Homeless Emergency Aid Program (HEAP) funds for rental assistance to continue assistance to these households.
b) Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255, subdivision (b).

7. Accessibility modifications in Lower-income Owner-occupied housing (up to 80 percent of AMI).

8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments (up to 120 percent of AMI or 150 percent of AMI in High-cost areas).

9. Homeownership opportunities, including, but not limited to, down payment assistance to those earning up to 120 percent of AMI or 150 percent of AMI in High-cost areas.

10. Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing Projects, or matching funds invested by a county in an Affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant of low-interest loan to an Affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the Affordable housing Project up to 120 percent of AMI or 150 percent of AMI in High-cost areas.

Twenty percent of the monies in the Fund are required by statute to be expended for Affordable Owner Occupied Workforce Housing (AOWH).

Section 300(c) of the PLHA Program Guidelines allows a local government to delegate another local government to submit an application and administer on its behalf its formula allocation of Program funds, provided that the local governments enter into a legally binding agreement and the funds are expended for eligible activities consistent with Program requirements. Due to the resources required to apply, manage, and administer the Program funds, the City of Carmel-by-the-Sea has opted to partner with the County of Monterey to ensure submission of a successful application; receipt of Program funds; and targeted administration of funds towards eligible, impactful activities. The County’s Housing and Community Development Department has the necessary staff capacity to navigate the application process and manage grant implementation.

The proposed County partnership guarantees that State PHLA funds will be allocated to the Monterey region and directed to Carmel-by-the-Sea. Presently, the City does not have a project that would meet the eligible activity criteria. An individual application - independent from the County - could jeopardize receipt of PLHA funds. This is the last year for applicants to apply for 2019 calendar year allocations; the deadline is October 31st, 2022. Any 2019 calendar year funds remaining after the close of the NOFA application period will revert to the State’s Housing Rehabilitation Loan Fund and may not directly benefit our region.

The County has shovel-ready projects that qualify as eligible activities.

As such, staff is requesting City Council approval to authorize the County of Monterey to submit an application on behalf of Carmel-by-the-Sea. A draft agreement between the County of Monterey and the City of Carmel-by-the-Sea for joint participation in the Permanent Local Housing Allocation funding program for fiscal years 2019-2023 is included as Attachment 4. Staff is also requesting Council approval to delegate administration of the program to the County of Monterey. The County has agreed to act as the Applicant to the State has agreed to administer the receipt of formula allocation program funds on behalf of the City and County, using the County of Monterey 5-Year PHLA Plan (Attachment 5). Carmel-by-the-Sea will meet with the County on a quarterly basis to identify, develop, and fund potential projects within the City limits.

ENVIRONMENTAL REVIEW:

In accordance with the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA"), together with State Guidelines (14 California Code Regulations §§ 15000, et seq., the "CEQA Guidelines") and City Environmental Regulations (CMC 17.60), authorizing the County of Monterey to submit an application on behalf of the City of Carmel-by-the-Sea for the Permanent Local Housing Allocation (PLHA) Program, adopting the County of Monterey’s 5-Year Plan, authorizing the execution of an agreement with the County of Monterey for joint participation in the PLHA funding program for fiscal years 2019-2023 and delegating to the County of Monterey administration of the PLHA program on behalf of the City of Carmel-by-the-Sea is not considered a project requiring compliance with the California Environmental Quality Act (Section 21065 of the California Public Resources Code).

FISCAL IMPACT:

The City of Carmel-by-the-Sea is eligible to receive up to $491,704 in funds over the five-year period 2019 to 2023. The collaboration with the County of Monterey, and neighboring jurisdictions (City of Monterey, Pacific Grove, Salinas, Soledad, and others) demonstrates a concerted effort to address the housing crisis regionally.

PRIOR CITY COUNCIL ACTION:

The Council has no prior action on this matter.

ATTACHMENTS:

Attachment 1) Resolution 2022-099
Attachment 2) 2022 Permanent Local Housing Allocation Program Entitlement and Non-Entitlement Local Government Formula Component - Notice of Funding Availability Attachment 3) Permanent Local Housing Allocation Final Guidelines Attachment 4) Draft Agreement between the City of Carmel-by-the-Sea and the County of Monterey for Joint Participation in the PLHA Program for Fiscal Years 2019-2023 Attachment 5) Monterey County 5-Year PLHA Plan

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
RESOLUTION NO. 2022-099

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA

AUTHORIZING THE COUNTY OF MONTEREY TO SUBMIT AN APPLICATION ON BEHALF

OF THE CITY OF CARMEL-BY-THE-SEA FOR THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM, ADOPTING THE COUNTY OF MONTEREY’S 5-YEAR

PLAN, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE COUNTY OF

MONTEREY FOR JOINT PARTICIPATION IN THE PLHA FUNDING PROGRAM FOR FISCAL YEARS 2019-2023 AND DELEGATING TO THE COUNTY OF MONTEREY ADMINISTRATION

OF THE PLHA PROGRAM ON BEHALF OF THE CITY OF CARMEL-BY-THE-SEA A necessary quorum and majority of the City Council of the City of Carmel-by-the-Sea hereby consents to, adopts, and ratifies the following resolution:

A. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. WHEREAS the Department issued a Notice of Funding Availability (“NOFA”) dated August 17, 2022, under the Permanent Local Housing Allocation (PLHA) Program.

C. WHEREAS the City of Carmel-by-the-Sea is an eligible Local government that authorizes the County of Monterey to submit an application for program funds and administer one or more eligible activities on behalf of the City.

D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Carmelbythe-Sea that:

1. Pursuant to Section 302(c)(4) of the Guidelines, the County of Monterey’s 5-year PLHA Plan for funding allocations is incorporated by reference and attached to this resolution, and the City of Carmel-by-the-Sea hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

2. The City of Carmel-by-the-Sea certifies that it has delegated authority to the County of Monterey to apply on its behalf and administer the PLHA grant award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the City of Carmel-by-the-Sea and the County of Monterey is submitted with the PLHA application.

Attachment 1
Resolution No. 2022-099

3. The City of Carmel-By-The-Sea certifies that its decision to delegate its authority to the County of Monterey to apply for its PLHA allocation was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

PASSED AND ADOPTED by the City Council of the City of Carmel-by-the-Sea this 1st day of November, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
__________________________
Dave Potter
Mayor

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned City Clerk does hereby attest and certify that the forgoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the Carmel-by-the-Sea City Council which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and in full force and effect as of the date hereof.

ATTEST:
__________________________
Nova Romero, MMC
City Clerk
Attachment 1
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670
Sacramento, CA 95833
(916) 263-2771
www.hcd.ca.gov
August 17, 2022
MEMORANDUM FOR: All Potential Applicants
FROM: Jennifer Seeger, Deputy Director
Division of State Financial Assistance
SUBJECT: 2022 Permanent Local Housing Allocation
Program Entitlement and Non-Entitlement Local
Government Formula Component – Notice of
Funding Availability
The California Department of Housing and Community Development (Department) is pleased to announce the release of the 2022 Entitlement and Non-Entitlement Local government formula component Notice of Funding Availability (NOFA) for approximately $335 million in calendar year 2021 funds in addition to the $131 million in remaining calendar year 2019 and calendar year 2020 funds for the Permanent Local Housing Allocation (PLHA) formula allocation program. Appendix A details the total funds available to each eligible locality under this NOFA for housing-related projects and programs that assist in addressing unmet housing needs of their local communities.

First Time Applicants: This will be the last year for Applicants to apply for their 2019 calendar year allocation. Jurisdictions that have not previously applied must meet all threshold requirements as outlined in Part II, Section F, of the attached NOFA.

Second- or Third-Year Applicants: Jurisdictions that have previously applied and received an award of 2019 and/or 2020 funds are not required to resubmit all threshold documents but must demonstrate all threshold requirements continue to be met as noted in Part II, Section G, of this NOFA.
*** PLEASE NOTE ***
Any 2019 calendar year funds remaining after the close of the NOFA application period will revert to the Housing Rehabilitation Loan Fund established to be used for the Multifamily Housing Program (Chapter 6.7 commencing with Section 50675) pursuant to Health and Safety Code Section 50470 (b)((2)(B)(ii)(VI) to be made available through a future Multifamily Housing Program Notice of Funding Availability.

Attachment 2
2022 Permanent Local Housing Allocation Program
Entitlement and Non-Entitlement Local Government NOFA

The application submittal portal will be available and open for applications beginning August 17, 2022.

Personal deliveries will not be accepted. No facsimiles, incomplete applications, application revisions, or walk-in application packages will be accepted. Applications will be accepted through October 31, 2022 and must be submitted electronically through the Department’s website. Requirements for uploading the Application Workbook and required supporting documentation, including naming conventions, are described in the application instructions available at http://www.hcd.ca.gov/grantsfunding/active-funding/plha.shtml.

The PLHA application forms, workshop details, and Guidelines are posted on the Department’s website. To receive information on workshops and other updates, please subscribe to the PLHA listserv by clicking on “Email Sign-Up” on the Department’s website. If you have any further questions, please contact [email protected].

Attachment
Attachment 2
Permanent Local Housing Allocation Program
Entitlement and Non-Entitlement Local
Government Formula Component
2022 Notice of Funding Availability
Gavin Newsom, Governor
State of California
Lourdes M. Castro Ramírez, Secretary
Business, Consumer Services and Housing Agency
Gustavo Velasquez, Director
California Department of Housing and Community Development 2020 West El Camino Avenue, Suite 500, Sacramento, CA 95833 Telephone: (916) 263-2771
Website: http://www.hcd.ca.gov/grants-funding/active-funding/plha.shtml Email: [email protected]
August 17, 2022
Attachment 2
Table of Contents
I. Overview ........................................................................................................................... 5 A. Notice of Funding Availability .................................................................................. 5 B. Timeline .................................................................................................................. 6 C. Authorizing Legislation and Regulations ................................................................. 6 II. Program Requirements...................................................................................................... 6 A. Eligible Applicants ................................................................................................... 7 B. Eligible Activities ..................................................................................................... 7 C. Allocation of funding and award limits ..................................................................... 9 D. Program Administrative, Activity Delivery Costs, and Reimbursement of Costs....11 E. Application review ................................................................................................. 11 F. Threshold requirements for Previous Awardees....................................................11 G. Threshold requirements for First-Time Applicants.................................................13 H. Administration and reporting requirements............................................................15 III. Application submission and review procedures ...............................................................15 A. Application submission process ............................................................................15 B. Application Workshops..........................................................................................16 IV. Appeals ...........................................................................................................................16 A. Basis of appeals....................................................................................................16 B. Appeal process and deadlines ..............................................................................16 C. Decisions ..............................................................................................................17 D. Award announcements and contracts ...................................................................17 V. Other state requirements ................................................................................................. 17 A. Pet Friendly Housing Act of 2017..........................................................................17 B. Accessibility and non-discrimination......................................................................17 IV. Other terms and conditions..............................................................................................18 A. Right to modify or suspend....................................................................................18 B. Disclosure of application .......................................................................................18 C. Conflicts ................................................................................................................18 APPENDICES............................................................................................................................19 Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 5 I. Overview
A. Notice of Funding Availability
The California Department of Housing and Community Development (Department or HCD) is announcing the release of the 2022 Permanent Local Housing Allocation (PLHA) Program’s Formula Component Notice of Funding Availability (NOFA) for approximately $335 million in calendar year 2021 funds in addition to the $131 million in calendar year 2019 and calendar year 2020 funds for Entitlement and Non-Entitlement Local governments. This NOFA is funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2021 and includes any remaining unawarded funds not requested for calendar years 2019 and 2020.

Funding for this NOFA is provided pursuant to Senate Bill 2 (SB 2) (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, on-going source of funding to Local governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.

In 2022, the Department will issue two separate NOFAs to award the PLHA funds:
• Formula Component NOFA for Entitlement and Non-Entitlement Local governments
• Non-Entitlement Local Government Competitive NOFA (anticipated in June 2022)
This NOFA outlines threshold and application requirements for Entitlement Local governments and Non-Entitlement Local governments as defined in Guidelines Section 101. Entitlement Local governments are metropolitan cities and urban counties that received a Community Development Block Grant (CDBG) for fiscal year 2017pursuant to the federal formula specified in 42 U.S. Code, Section 5306.

Please note that this NOFA has two separate threshold requirements sections:
• Local governments that received an award under the 2020 or 2021 Formula Component NOFA are subject to the threshold requirements outlined in Part II, Section F
• Local governments that have not previously applied for and received a PLHA award must meet the threshold requirements outlined in Part II, Section G *** PLEASE NOTE ***
Any 2019 calendar year funds remaining after the close of the NOFA application period will revert to the Housing Rehabilitation Loan Fund established to be used for the Multifamily Housing Program (Chapter 6.7 commencing with Section 50675) pursuant to Health and Safety Code Section 50470 (b)((2)(B)(ii)(VI) to be made available through a future Multifamily Housing Program Notice of Funding Availability.

Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 6 B. Timeline
C. Authorizing Legislation and Regulations
Senate Bill 2 (Chapter 364, Statutes of 2017) established the PLHA Program. The program operates under the requirements of Health and Safety Code (HSC), Part 2 of Division 31,Chapter 2.5 (commencing with Section 50470).

Section 50470 (b)(2)(B)(i) of the HSC authorizes the Department to allocate 70 percent of the moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments.

Section 50470 (b)(2)(B)(i)(I) of the HSC requires the Department to allocate 90 percent of PLHA funds available to Local governments based on the federal CDBG formula specified in 42 U.S. Code, Section 5306, except that the portion allocated to Non-Entitlement Local governments is required to be distributed through a competitive grant program for Non-Entitlement Local governments.

Section 50470 (b)(2)(B)(i)(II) of the HSC requires the Department to allocate the remaining 10 percent of PLHA funds available to Local governments equitably to Non-Entitlement Local governments.

Section 50470 (d) authorizes the Department to adopt Guidelines to implement the PLHA program, not subject to the rulemaking provisions of the California Administrative Procedure Act.

This NOFA governs the administration of funding from the Fund (created by Section 50470, subdivision (a)(1) and appropriated by item 2240-103-3317 in theBudget Act of 2019) and made available under the PLHA program.

Capitalized terms not otherwise defined in this NOFA shall have the meanings set forth in Guidelines Section 101.

II. Program Requirements
The following is provided as a summary for the allocation of the PLHA funds to Entitlement Non-Entitlement Local governments and is not to be considered a complete representation of the eligibility, threshold, or other requirements, terms, and conditions.

NOFA Release Date August 17, 2022
Application Submittal August 17, 2022 –
October 31, 2022
Award Announcement Ongoing through February 2023
Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 7 This 2022 NOFA represents the third year of funding under the PLHA program for the Entitlement and Non-Entitlement Local Government Formula Component as detailed below:

Revenue Collection period NOFA Issuance
2019 CY 2020
2020 CY 2021
2021 CY 2022
A. Eligible Applicants
An Applicant must be an Entitlement Local government, a Non-Entitlement Local government, or a Local or Regional Housing Trust Fund delegated by the Local government pursuant to Guidelines Section 300. Appendix A of the NOFA contains the list of eligible Applicants.

1. Delegation of Formula Allocation
An eligible Applicant may delegate their entire formula allocation to either another Local government or to a Local or Regional Housing Trust Fund. A Local government that delegates their formula allocation to another Local government or to a Housing Trust Fund must enter into a legally binding agreementwith the other Local government or Housing Trust Fund. The delegate must submit the PLHA application on behalf of the recipient of the PLHA Formula Allocation and wholly administer the entire formula component of PLHA funds on behalf of the delegator for the full term of the PLHA Plan, as set forth in Guidelines Section 300(c). Both the delegating Local government and the Applicant must meet the housing element compliance threshold requirement as outlined in Section II, Part F of this NOFA.

Upon delegating its entire formula allocation to another Local government or to a Local or Regional Housing Trust Fund, the Local government that delegated their allocation is no longer involved in the PLHA application or administration of the PLHA grant for the full term of the PLHA Plan, which extends through 2023. The delegated Local government or Trust Fund assumes full responsibility for compliance with statute and for meeting all the Department’s requirements, including any penalties for non-compliance.

A partial funding delegation is not permitted under the delegation authority.

However, a Local government can subgrant a portion of its allocation to another entity, as permittedby Guidelines Section 302(c)(3). When a Local government subgrants a portion of its allocation to another entity, the Local government remains fully accountable and responsible for compliance with statute and for meeting all of the Department’s requirements, including any penalties for noncompliance.

B. Eligible Activities
Pursuant to Guidelines Section 301(a), the PLHA funds allocated to eligible Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 8 Applicants must be used to carry out one or more of the eligible activities listed below. All servicesmust be provided within the county containing the Local government recipient.

1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, or rental housing that is Affordable to extremely low-, very low-, low-, or Moderate-income households (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas, see appendix B for a list of High-cost areas, including necessary Operating subsidies). Note: Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of housing, as otherwise there is no actual housing outcome of the predevelopment or acquisition assistance.

2. The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. See Appendix B for alist of High-cost areas in California.

Note: Predevelopment and/or acquisition must result in the development, rehabilitation, or preservation of Affordable rental and ownership housing, as otherwise there is no actual housing outcome of the predevelopment or acquisitionassistance.

3. Matching portions of funds placed into Local or Regional Housing Trust Funds.

Matching funds must be utilized as required by PLHA guidelines Section 301(a).

4. Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.

Matching funds must be utilized as required by PLHA guidelines Section 301(a).

5. Capitalized Reserves for Services connected to the preservation and creation of newPermanent Supportive Housing (up to 30 percent of AMI).

6. Assisting persons who are experiencing or At risk of homelessness in conformance with 24 Code of Federal Regulations (CFR Section 578.3), (up to 30 percent of AMI), including
a. Rapid rehousing in conformance with federal rules contained in 24 CFR Section 576.104, except for legal services;
b. Rental assistance with a term of at least six (6) months (rental arrears is not eligible);
c. Street outreach, and other supportive/case management services in conformance with federal rules contained in 24 CFR Section 576.101 that allow people to obtain and retain housing;
d. Operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 9 transitional housing.

This Activity may include subawards to administrative entities as definedin HSC Section 50490(a) (1-3) that were awarded California Emergency Solutions and Housing (CESH) Program or Homeless Emergency Aid Program (HEAP) funds for rental assistance to continue assistance to these households.

Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with Welfare Institutions Code (WIC) Section 8255(b)(8). An Applicant allocated fundsfor the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core components of Housing First, as provided in WIC Section 8255(b).

7. Accessibility modifications in Lower-income Owner- occupied housing (up to 80 percent of AMI).

8. Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments (up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in Highcost areas).

9. Homeownership opportunities, including, but not limited to, down payment assistance to those earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas.

10.Fiscal incentives made by a county to a city within the county to incentivize approvalof one or more Affordable housing projects, or matching funds invested by a county in an Affordable housing development project in a city within the county, provided that the city has made an equal or greater investment in the project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the Affordable housing project earning up to 120 percent of Area Median Income (AMI), or 150 percent of AMI in High-cost areas.

Twenty percent of the moneys in the Fund are required by statute to be expended for Affordable Owner Occupied
Workforce Housing (AOWH). If funding proposed in Local
government Plans for AOWH activities is lower than 20 percent of the moneys available in the Fund, the Department may require Local governments to use a specific percentage of their annual formula allocations in some future year for AOWH activities as part of the annual funding process.

C. Allocation of funding and award limits
Appendix A lists the dollar amount of the allocation of PLHA funds. There is a Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 10 column indicating allocations for calendar years 2021, 2020 and 2019. If a Local government applied for and received their 2010 or 2020 allocations, there is a blank in those columns. If a Local government HAS NOT applied before this NOFA, there will be an amount listed in each of the 2019, 2020, and 2021 columns.

The PLHA funds allocated to each Entitlement Local government is directly proportionate to each Entitlement Local Government’s share of the total 2017 Community Development Block Grant Fund Allocation in California.

The PLHA funds allocated to each Non-Entitlement Local Government is based on the sum of:

1. Fifty percent of the funding available for the Non-Entitlement formula component divided by the number of Local governments eligible for the Non-Entitlement formula component; and

2. Fifty percent of the funding available for the Non-Entitlement formula component allocated in proportion to each Non-Entitlement Local government’s share of the total most severe housing need in California’s Non-Entitlement Local governments,based upon the most recent U.S. Department of Housing and Urban Development (HUD) Comprehensive Housing Affordability Strategy (CHAS) data.

Two or more Local governments may expend PLHA funds on an eligible jointly funded project, provided the project is an eligible Activity pursuant to Guidelines Section 301(a),and will be located within the boundaries of one of the Local governments.

An Applicant eligible for an allocation of PLHA funds must comply with the Deadline andFunding Requirements set forth in Guidelines Section 304.

In order to avoid amending the Department Standard Agreement each year, and to expedite the disbursement of PLHA funds, the Department Standard Agreement and the Applicant’s PLHA resolution shall include a five-year estimate of PLHA formula allocations, as stated in Appendix C, as the maximum funding amount. The actual amounts may be lower, and the disbursements will be based on the actual allocation amounts.

Please be advised that no funding from any subsequent year will be disbursed if the Local government is not in compliance with the housing element requirement and the Housing Element Annual Progress Report (APR) requirement stated in Guidelines Section 302(a) and (b), or in the event that the Local government has not submitted its annual PLHA report, as required by Guidelines Section 503. Please refer to Appendix D for more information on verifying housing element and APR status. In addition, the grantee must be in compliance with commitment requirements stated in Guidelines Sections 300(e) and must not incur penalties stated in Guidelines Section 502.

Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 11 D. Program Administrative, Activity Delivery Costs, and Reimbursement of Costs A Local government that receives an award under this NOFA shall not use more than 5 percent (5%) of the award for administrative costs related to the execution of eligible activities.

Staff and overhead costs directly related to carrying out the eligible activities described in Guidelines Section 301(a) are “activity costs” and not subject to the cap on administrative costs. A Local government may share any funds available for administrative costs with entities to which it provides funding.

Predevelopment expenses for construction projects funded by PLHA funds and costs to develop and prepare the PLHA application and Plan may be paid from the PLHA funds regardless of when the costs were incurred. Reimbursement of expenses to prepare the PLHA application and Plan are subject to the cap on administrative costs. Other costs incurred more than one year prior to commitment by the Local government may not be paid from the PLHA funds.

E. Application review
An Applicant must submit a complete application and other documents by the deadline stated in this NOFA. Applications submitted in response to this NOFA must meet the threshold requirements set forth in this section and in the Guidelines Section 302.

F. Threshold requirements for Previous Awardees
Applicants that received awards from the 2021 Formula Allocation NOFA must meet all of the following threshold requirements:

1. Housing Element Compliance: The Applicant and delegating Local government, if applicable, must be a locality with an adopted housing element that has been found by the Department to be in substantial compliance with the requirements of Article 10.6 (commencing with section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code, pursuant to Government Code section 65585 at time of application. If the application is submitted within 120 days of the housing element due date, the Department may refer to the jurisdiction’s compliance from the prior cycle.

2. The Applicant must have submitted to the Department the Annual Progress Report on the Housing Element for the 2021 calendar year reporting period by the submittal date.

3. Applicant must have submitted to the Department the Annual PLHA Report if the application is submitted on or after July 31, 2022, which is the deadline for the Annual Report.

Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 12 4. Applicant must have met the commitment requirements stated in PLHA Guidelines Section 300(e).

5. The application must request an allocation pursuant to Section 200 of the PLHA Guidelines. Previous awardees have already received Department approval for theirfive-year PLHA Plan, which lists the activities that the Local government plans to provide using the five years of funding contained in the Standard Agreement. The PLHA Plan continues in force and effect unless the Local government amends the Plan to provide different activities that are eligible under PLHA statute and Guidelines. If the Plan is amended so that more than 10 percent of funds are moved toa different activity, the Plan must be formally amended, including discussion and approval at a publicly noticed meeting of the Local government’s governing board, and the Plan must be submitted to the Department for approval. Activities must be carried out in the jurisdiction of the Applicant’s Local government. Jointly funded projects may be carried out as described in Section 301(c).

6. Submission of the application must be authorized by the governing board of the Applicant by Resolution, and this Resolution must be submitted as part of the application. The Resolution should use the five-year estimate of funding, as listed in Appendix C.

7. If the Local government proposes to allocate funds for any Activity to another entity, the Resolution must certify that the Local government’s selection process shall avoid conflicts of interest and shall be accessible to the public. See PLHA Guidelines Section 302 (c)(3).

8. If the Local government proposes to use funds for the acquisition, construction, orrehabilitation of for-sale housing projects or units within for-sale housing projects, the Resolution must certify that the grantee shall record a deed restriction againstthe property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A), (B) or (C).

9. The resolution shall certify that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of theProject. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.

10.If any activity in the five-year Plan consists of loans being made to a homebuyer, homeowner, developer, or owner of a project, a Program income reuse plan describing how repaid loans will be used for eligible activities specified in Section 301 must be included in the application. This reuse plan must also describehow interest earned from PLHA funds deposited in a Local government interestbearing account will be used for eligible PLHA activities.

Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 13 G. Threshold requirements for First-Time Applicants
First-time Applicants who have not previously received an award under a prior Formula Allocation NOFA must meet the following threshold requirements:

1. Housing Element Compliance: The Applicant and delegating Local government, if applicable, must have a housing element that has been adopted by the jurisdiction’s governing body and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585 by the application date. If the application is submitted within 120 days of the housing element due date, the Department may refer to the jurisdiction’s compliance from the prior cycle.

2. The Applicant must have submitted to the Department the Annual Progress Report on the housing element for the corresponding calendar year based on the allocations for which the Applicant is applying by the application submittal date as follows:

Allocation Requested: APR Reporting Period:
2019 allocation 2019 CY APR
2020 allocation 2020 CY APR
2021 allocation 2021 CY APR

3. Application requests an allocation pursuant to Section 200 of the PLHA Guidelines and identifies the eligible activities to be undertaken. Activities must be carried out in the jurisdiction of the Applicant’s Local government. Jointly funded projects may be carried out as described in Section 301(c).

4. Submission of the application must be authorized by the governing board of the Applicant by Resolution, and this Resolution must be submitted as part of the application. The Resolution should use the five-year estimate of funding, as listed in Appendix C.

5. If the Local government proposes to allocate funds for any Activity to another entity,the Resolution must certify that the Local government’s selection process shall avoidconflicts of interest and shall be accessible to the public. See PLHA Guidelines Section 302 (c)(3).

6. If the Local government proposes to use funds for the acquisition, construction, orrehabilitation of for-sale housing projects, or units within for-sale housing projects,the Resolution must certify that the grantee shall record a deed restriction againstthe property that will ensure compliance with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) or (C).

7. The Resolution shall certify that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 14 PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.

8. The application must include a Plan which details:
a. The manner in which the allocated funds will be used for eligible Activities. b. A detailed description of the way the Local government will prioritize investments that increase the supply of housing for household with incomes ator below 60 percent of the AMI.
c. A detailed description of how the Plan is consistent with the programs set forth in the Local government’s housing element.
d. Evidence that the Plan was authorized and adopted by Resolution by the Local government and that the public had an adequate opportunity to review and comment on the Plan’s contents prior to the Plan Resolution adoption.

The plan must be provided to the public for a public comment period, culminating with a public hearing at which the governing board may approve it.The draft Plan should be published for public review on the Applicant’s website.
e. The Resolution adopting the Plan should specifically identify the activities the Local government plans to engage in. The Resolution is required to be submitted as part of the application. The Resolution must specifically state the eligible activities from the Plan application.
f. The following information is required for each proposed Activity:
i. A detailed description of each Activity, pursuant to Section 301 and the percentage of funding being allocated to it. The description must include the percentage, if any, directed to Affordable Owner-Occupied Workforce Housing (AOWH).
ii. The projected number of households to be served at each income leveland a comparison to the unmet share of the Regional Housing Needs Allocation at each income level.
iii. A description of major steps/actions and a proposed schedule required forthe implementation and completion of the Activity. iv. The period of affordability for each Activity. Rental Projects are requiredto have an affordability period of at least 55 years.

9. The Plan shall be for a term of five years, illustrating how the allocations from 2019, 2020, 2021, 2022, and 2023 will be used. Refer to instructions in the Plan tab of the PLHA Application form.

10. If funds are used for acquisition, construction, or rehabilitation of for-sale housingprojects or units within for-sale housing projects, then a deed restriction shall be recorded against the property as described in Section 302(c)(6)(A-C).

Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 15 11. If funds are proposed to be used for development of an Affordable Rental HousingDevelopment, a certification is required that the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. The loan must be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement is required to restrict occupancy andrents in accordance with the Local government’s approved underwriting of the Project for a term of at least 55 years.

12. If any activity in the five-year Plan consists of loans being made to a homebuyer, homeowner, developer or owner of a project, a Program income reuse plan describing how repaid PLHA loans will be used for eligible activities specified in Section 301 must be included in the application. This reuse plan must also describe how interest earned from PLHA funds deposited in a Local government interest-bearing account will be used for eligible PLHA activities.

H. Administration and reporting requirements
A grantee of PLHA funds must meet the administration requirements set forth in Guidelines Sections 500 and 501 and reporting requirements in Section 503.

III. Application submission and review procedures
Applications must be on the Department’s forms and cannot be altered or modified by the Applicant. Excel forms must be in Excel format and 'saved as' .xls or .xlsx. Do not 'save as'.xlsm or .pdf format. Applications that do not meet the program requirements stated in thisNOFA will not be eligible for funding. Application forms are available for download on the PLHA webpage.

A. Application submission process
Applications must be submitted electronically to the Department’s website.

Requirements for uploading the Application Workbook and required supporting documentation, including naming conventions, are described in the application instructions available at https://www.hcd.ca.gov/grants-funding/activefunding/plha.shtml. The submittal portal will be available beginning August 17, 2022.

Applicants must upload all application materials to the Department’s website. The application portal is open beginning on August 17, 2022 through 4:00 p.m. Pacific Standard Time on October 31, 2022. Please note that the on-line support and technical assistance closes at 4:00 p.m. Pacific Standard Time on October 31, 2022.

Personal deliveries will not be accepted. No facsimiles, incomplete applications, application revisions, or walk-in application packages will be accepted. Applications thatdo not meet the filing deadline requirements will not be eligible for funding.

It is the Applicant’s responsibility to ensure that the application is clear, complete, andaccurate. The Department may request additional clarifying information and/or Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 16 inquireas to where in the application specific information is located. However, missing or forgotten application information or documentation may cause the application not to pass threshold.

Those Applicants that are notified they did not pass threshold requirements will have theopportunity to submit the necessary documentation prior to the NOFA closing date.

B. Application Workshops
Applicants are strongly encouraged to attend a PLHA webinar to gain information criticalfor preparing the application, which will be discussed at the webinar. PLHA webinar dates and times are located on the Department’s PLHA webpage.

IV. Appeals
A. Basis of appeals

1. Upon receipt of the Department’s notice that an application has been determined tobe incomplete, ineligible, or fail threshold review, Applicants may appeal such decision(s) to the Director of the Department or their designee pursuant to this section.

2. No Applicant shall have the right to appeal a decision of the Department relating to another Applicant’s eligibility, point score, award, denial of award, or any other matter related thereto.

3. The appeal process provided herein applies solely to decisions of the Director of the Department or their designee made in this NOFA and does not apply to any decisions made with respect to any previously issued NOFAs or decisions to be made pursuant to future NOFAs.

B. Appeal process and deadlines

1. Process. In order to file an appeal, an Applicant must submit to the Director of the Department or their designee a written appeal, which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the Applicant must provide a detailed description of how the application is complete, eligible or meets threshold requirements, as applicable, or provide additional information to resolve the Department’s determination. Appeals are to be submitted to the Department at [email protected] according to the deadline set forth in Department review letters.

2. Filing deadline. Appeals must be received by the Department no later than five (5) business days from the date of the Department’s threshold review letter representing the Department’s decision made in response to the application.

Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 17 C. Decisions
Any request to appeal the Department’s decision regarding an application shall be reviewed for compliance with the Guidelines and this NOFA. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of the Department.

D. Award announcements and contracts
The Department will review applications as they are received and will make awards as follows:

1. Previous Awardees: For Local governments that have previously received an award and are applyingfor a new allocation of calendar year 2021 funds, awards will be made within 60 days of receipt.

2. First Time Awardees: For Local governments that have not previously received an award, those applications will be reviewed, and awards made at the end of each quarter beginning in July 2022 with subsequent awards made in October 2022 and January 2023. Award recommendations will be posted on the PLHA webpage.

V. Other state requirements
A. Pet Friendly Housing Act of 2017
Housing funded through this program is subject to the Pet Friendly Housing Act of 2017(HSC Section 50466). Each awardee will be required to submit a signed and dated certification that residents of the program-funded Housing development will be authorized to own or otherwise maintain one or more common household pets as required by HSC Section 50466. Pursuant to this statute, “common household pet” means a domesticated animal, such as a dog or cat, commonly kept in the home for pleasure rather than for commercial purposes.

B. Accessibility and non-discrimination
All projects or programs shall adhere to the accessibility requirements set forth in California Building Code Chapter 11A and 11B and the Americans with Disabilities Act (ADA), Title II. In addition, projects or programs shall adhere to either the Uniform Federal Accessibility Standards, 24 CFR Part 8, or HUD's modified version of the 2010 ADA Standards for Accessible Design (Alternative 2010 ADAS), HUD2014-0042-0001,79 F.R. 29671 (5/27/14) (commonly referred to as "the Alternative Standards" or "HUD Deeming Memo"). Accessible units shall, to the maximum extent feasible and subject to reasonable health and safety requirements, be distributed throughout the project and be available in a sufficient range of sizes and amenities consistent with 24 CFR Section 8.26.

Recipients shall adopt a written non-discrimination policy requiring that no person shall, on the grounds of race, color, religion, sex, gender, gender identity, gender Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 18 expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, age, medical condition, genetic information, citizenship, primary language, immigration status (except where explicitly prohibited by federal law), arbitrary characteristics, and all other classes of individuals protected from discrimination under state or federal fair housing laws, individuals perceived to be a member of any of the preceding classes, or any individual or person associated with any of the preceding classes be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or inpart with program funds made available pursuant to this NOFA.

Recipients shall comply with the requirements contained in the ADA, the Fair Housing Amendments Act, the California Fair Employment and Housing Act, the Unruh Act, GC Section 11135, Section 504 of the Rehabilitation Act, and regulations promulgated pursuant to those statutes, including 24 CFR Part 100, 24 CFR Part 8, and 28 CFR Part 35, in all of the Sponsor's activities.

IV. Other terms and conditions
A. Right to modify or suspend
The Department reserves the right, at its sole discretion, to suspend, amend, or modify the provisions of this NOFA at any time, including, without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties and will post the revisions to the Department’s website.

B. Disclosure of application
Information provided in the application will become a public record and available for review by the public, pursuant to the California Public Records Act (GC Section 6250 et seq.). As such, any materials provided will be disclosed to any person making a request under this Act. The Department cautions Applicants to use discretion in providing information not specifically requested, including, but not limited to, bank account numbers, personal phone numbers, and home addresses.

By providing this information to the Department, the Applicant is waiving any claim of confidentiality andconsents to the disclosure of submitted material upon request.

C. Conflicts
In the event of any conflict between the terms of this NOFA and either applicable state or federal law or regulation, the terms of the applicable state or federal law or regulation shall control. Applicants are deemed to have fully read and understand all applicable state and federal laws, and regulations pertaining to PLHA, and understand and agree that the Department shall not be responsible for any errors or omissions in the preparation of this NOFA.

Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 19 APPENDICES
Appendix A
Entitlement and Non-Entitlement Local Government Formula Allocation for Calendar years 2019, 2020, and 2021.

Please refer to Section II.A. Eligible Applicants for a discussion of the definition of Entitlement and Non-Entitlement Local Governments.

Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Alameda $868,493 $955,750
Alpine
County $68,065 $106,216 $116,768
Alameda
County $1,451,516 $1,597,349 Alturas $79,305 $123,577 $128,224 Alhambra $796,443 Amador City $65,861 $100,869 $112,445 Aliso Viejo $119,177 $185,238 $203,849
Amador
County $134,185 $203,299 $275,316
Anaheim $3,686,550
American
Canyon $117,435 $178,785 $199,555
Antioch $612,764 $674,328 Anderson $103,770 $163,160 $178,480 Apple Valley $446,959 $491,865 Angels $81,289 $127,049 $128,764 Bakersfield $2,960,656 Arcata $176,062 $284,687 $208,201 Baldwin Park $758,781 $835,015 Artesia $135,728 $204,479 $213,605 Bellflower $878,539 Arvin $220,799 $217,928
Berkeley $2,212,637 Atwater $158,209 $247,535 $269,804
Buena Park $573,917 $631,578 Auburn $119,859 $185,382 $203,337 Burbank $816,205 Avenal $104,652 $168,021 $177,939
Camarillo $231,519 Benicia $141,459 $222,187 $229,276
Carlsbad $272,582 $423,678 $466,244 Biggs $70,710 $109,341 $121,739 Carson $709,383 Bishop $83,713 $132,952 $146,057
Cathedral
City $484,445 Blue Lake $68,285 $105,521 $117,957
Cerritos $109,213 $169,751 $186,806 Brawley $151,156 $240,243 $234,139 Chico $390,348 $606,721 $667,678 Butte County $333,428 $494,061 $610,245 Chino $249,365 $387,590 $426,531
Calaveras
County $429,217
Chino Hills $303,241 Calexico $203,832 $307,951 $284,935 Chula Vista $1,646,765 $1,812,214 Calimesa $88,783 $138,507 $156,324 Citrus
Heights $486,125 $534,966 Calipatria $77,101 $120,452 $122,280 Clovis City $625,364 Calistoga $85,256 $133,646 $134,709 Compton $769,720 $1,196,383 $1,316,582 Capitola $105,092 $180,868 $195,772 Concord $836,053
Carmel-bythe-Sea $81,950 $130,174 $140,653
Contra Costa
County $3,712,024 Chowchilla $164,970
Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 20 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Corona $995,498 Clearlake $145,867 $208,993 $232,518
Costa Mesa $904,122 Coalinga $165,243 $170,374
Cupertino
City $283,100 Colfax $72,032 $113,855 $125,522
Daly City $875,455 Colusa $85,917 $135,035 $161,187
Davis $470,837 $518,142
Colusa
County $83,493 $136,077 $152,541
Delano City $556,115 Corcoran $113,908 $178,438 $179,560 Downey $889,923 Corning $92,529 $143,368 $150,380
El Cajon $645,382 $1,003,123 $1,103,906 Crescent City $80,848 $125,660 $142,274 El Centro
(Colonia
Only) $245,998 $382,358 $420,773
Del Norte
County $140,797 $210,729 $214,685
El Monte $1,449,267 Dinuba $230,897
Elk Grove $439,787 $683,565 $752,243 Dixon $115,451 $189,896 $194,691 Encinitas $156,044 $242,541 $266,909 Dorris $66,522 $103,785 $116,876 Escondido $842,911 $1,310,146 $1,441,775 Dos Palos $82,832 $120,799 $143,355 Fairfield $668,640 Dunsmuir $72,032 $111,424 $124,441
Fontana $1,678,180
El Centro
(Colonia
Only) $216,175 $311,076 $283,314
Fountain
Valley $247,348
El Dorado
County $973,923
Fremont $1,096,685 Etna $67,183 $105,521 $114,714
Fresno $5,828,601 Eureka $346,539
Fresno
County $2,810,897 Exeter $164,970
Fullerton $1,177,577 Farmersville $176,858
Garden
Grove $1,700,794 Ferndale $71,150 $108,994 $121,739
Gardena $329,877 $512,732 $564,246 Firebaugh $95,395 $144,410 $159,566 Gilroy City $417,798 Fort Bragg $106,856 $163,507 $142,814 Glendale $867,025 $1,347,626 $1,483,020 Fort Jones $69,167 $106,910 $115,795 Glendora
City $130,258 $202,461 $222,802 Fortuna $108,619 $171,840 $171,995 Goleta $160,810 Fowler $81,069 $126,355 $139,032
Hanford $505,389
Glenn
County $201,716
Hawthorne $1,048,208 Grass Valley $225,493
Hayward $1,012,998 $1,114,773 Greenfield $139,916 $211,076 $213,605 Hemet $688,525 Gridley $92,529 $144,410 $143,895
Hesperia $505,777 $786,135 $865,117
Grover
Beach $181,182
Huntington
Beach $938,184 Guadalupe $101,125 $160,035 $166,051
Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 21 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Huntington
Park $651,678 $1,012,910 $1,114,676 Gustine $73,575 $118,021 $150,920 Indio City $779,909 Hidden Hills $71,371 $111,077 $124,982 Inglewood $735,776 $1,143,625 $1,258,523 Hollister $180,249 $280,173 $290,339 Irvine $1,296,497 Holtville $82,611 $131,563 $121,739
Kern County $3,695,204
Humboldt
County $595,871
La Habra $604,420 $665,145 Huron $153,438 $143,355
La Mesa $293,468 $322,953 Imperial $91,427 $147,535 $169,834 Laguna
Niguel $262,411
Imperial
County $173,858 $260,034 $311,954
Lake
Elsinore $425,098 Indian Wells $88,783 $135,730 $163,889 Lake Forest $221,070 $343,611 $378,133 Industry $65,596 $101,632 $110,824 Lakewood $270,847 $420,981 $463,277 Inyo County $103,770 $166,285 $220,630 Lancaster $1,188,528 Ione $75,338 $118,716 $141,734
Livermore $356,702 Jackson $87,460 $133,299 $143,355
Lodi $575,172 King City $205,868 $173,616
Lompoc $227,027 $352,871 $388,324 Kings County $163,499 $249,965 $304,389 Long Beach $5,006,175 Lake County $241,741 $360,728 $401,658 Los Angeles $44,847,783 Lakeport $79,305 $126,702 $163,889 Los Angeles
County $18,858,143
Lassen
County $102,007 $155,868 $187,666
Lynwood $981,371 $1,079,969 Lemoore $145,205 $217,326 $237,381 Madera $422,319 $656,414 $722,364 Lincoln $203,171 $314,201 $344,377 Marin County $1,241,068 Lindsay $189,201 $197,393
Menifee $1,079,969 Live Oak $89,664 $132,952 $156,324
Merced $722,364 Livingston $108,839 $172,882 $179,560
Milpitas City $238,595 $370,850 $408,109 Loomis $81,730 $123,577 $147,678 Mission Viejo $353,526 Los Banos $188,184 $292,326 $289,258 Modesto $1,658,723 Loyalton $67,624 $105,521 $116,336
Montebello $316,758 $492,340 $541,805
Madera
County $484,877
Monterey $180,952 $199,132
Mammoth
Lakes $81,730 $123,924 $154,162
Monterey
County $1,109,035 Maricopa $66,742 $105,869 $116,336
Monterey
Park $318,871 $495,625 $545,420 Marina $157,548 $235,382 $234,139 Moreno
Valley $1,761,457
Mariposa
County $235,220
Mountain
View $256,551 $398,761 $438,824 Marysville $169,063 $183,883 Napa City $544,289 McFarland $112,806 $174,618 $177,939 Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 22 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
National City $672,542
Mendocino
County $578,903
Newport
Beach $290,118
Merced
County $625,917
Norwalk $592,762 $921,336 $1,013,902
Modoc
County $76,440 $120,105 $146,597
Oakland $5,757,902 $6,336,392 Mono County $77,101 $113,855 $136,870 Oceanside $1,008,982 $1,110,353 Montague $68,726 $105,174 $116,876 Ontario $1,573,664
Mount
Shasta $89,885 $141,285 $153,082
Orange $1,039,081 Napa County $220,451 $261,158
Orange
County $2,175,998 Nevada City $136,870
Oxnard $1,981,457
Nevada
County $566,474
Palm Desert $293,014 Orange Cove $101,345 $156,563 $149,299 Palm Springs $328,816 Orland $143,355
Palmdale $1,332,565 Oroville $224,412
Palo Alto $231,496 $359,817 $395,967 Pacific Grove $188,207 Paradise $93,596 $145,477 $160,093
Palos Verdes
Estates $96,717 $157,257 $170,914
Paramount
City $438,197 $681,094 $749,523 Parlier $199,965 $208,741 Pasadena $1,454,952 $1,601,129 Pismo Beach $99,582 $157,604 $184,964 Perris City $725,136 $797,990
Placer
County $813,970
Petaluma $315,338 Placerville $110,823 $173,924 $181,182 Pico Rivera $338,973 $526,870 $579,804
Plumas
County $187,118 $217,387
Pittsburg $543,387 Plymouth $67,404 $104,757 $116,876
Placentia $333,825 $367,364 Point Arena $67,404 $103,785 $114,174 Pleasanton
City $151,089 $234,839 $258,433 Portola $75,338 $119,757 $120,659 Pomona $1,827,543
Rancho
Mirage $172,094 $282,257 $335,191
Porterville $586,270 Red Bluff $124,047 $189,201 $200,095 Rancho
Cordova City $285,366 $443,548 $488,110 Rio Dell $79,085 $118,716 $141,193 Rancho
Cucamonga $450,476 $700,179 $770,526 Rio Vista $96,276 $149,271 $157,945 Rancho
Santa
Margarita $173,436 Riverbank $193,021 $206,039
Redding $576,110
San Benito
County $121,182 $175,313 $213,064
Redondo
Beach $130,830 $203,351 $223,781 San Joaquin $78,644 $123,924 $128,764 Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 23 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Redwood
City $594,763
San Juan
Bautista $75,999 $114,549 $122,280
Rialto $597,786 $929,145 $1,022,495
San Juan
Capistrano $236,452 $359,687 $335,191
Riverside $2,521,285 $2,774,596 Sand City $67,139 $104,063 $112,445 Riverside
County $6,835,329
Santa Cruz
County $895,101 $916,102
Rocklin City $230,295 Scotts Valley $103,770 $166,979 $171,995 Rosemead $343,238 $533,498 $587,099
Shasta
County $578,903
Roseville $536,004 Shasta Lake $174,157
Sacramento $4,031,691
Sierra
County $124,441
Sacramento
County $4,229,006 $4,653,890
Siskiyou
County $260,618
Salinas $1,722,182
Solano
County $201,701 $240,083
San
Bernardino $2,521,132 $2,774,428 Soledad $120,961 $188,160 $188,207 San
Bernardino
County $5,916,756 Sonora $91,427 $138,507 $143,895
San
Buenaventur
a $555,571 $611,389
South Lake
Tahoe $299,525
San
Clemente $323,348 St. Helena $89,003 $137,118 $149,299
San Diego $9,903,933 Suisun City $154,683 $222,187 $257,916 San Diego
County $3,077,481 $3,386,672 Susanville $93,191 $141,632 $146,597 San
Francisco $13,550,527 $14,911,935
Sutter
County $181,910 $211,983
San Joaquin
County $2,241,046 Sutter Creek $78,644 $121,841 $128,764 San Jose $7,438,226 Taft $90,546 $140,591 $136,330
San Leandro $543,946 $598,596 Tehama $65,596 $101,632 $111,256 San Luis
Obispo
County $1,492,388
Tehama
County $186,685 $318,784 $414,843
San Marcos
City $319,178 $496,102 $545,945 Trinidad $66,081 $101,702 $111,256 San Mateo $584,800
Trinity
County $121,622 $186,424 $219,008
San Mateo
County $2,068,899 Truckee $181,722
Santa Ana $4,795,654
Tulare
County $969,060
Santa
Barbara $775,030 Tulelake $68,506 $106,563 $115,795
Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 24 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Santa
Barbara
County $974,603
Tuolumne
County $242,182 $368,367 $476,771
Santa Clara $820,156 Ukiah $129,777 $199,618 $187,666
Santa Clara
County $1,260,160 Vernon $65,376 $100,591 $111,472
Santa Clarita $588,259 $914,338 $1,006,200 Wasco $135,508 $205,174 $244,947 Santa Cruz $452,837 Weed $76,661 $120,105 $131,466
Santa Maria $1,254,581 Westmorland $72,693 $113,507 $117,957 Santa
Monica $936,510 Wheatland $72,032 $110,035 $123,361
Santa Rosa $1,187,622 Williams $80,848 $126,355 $135,249 Santee $134,374 $208,859 $229,843 Willits $92,309 $137,813 $141,734 Seaside $193,124 $300,175 $330,334 Willows $138,491
Simi Valley $451,305 $496,647 Winters $136,077 $177,399 Sonoma
County $1,538,385 Woodlake $136,424 $150,380
South Gate $1,233,796 Yolo County $222,882 $234,679
South San
Francisco $372,849 Yountville $81,069 $127,049 $133,087 Stanislaus
County $1,975,561 Yreka $102,007 $154,827 $162,268
Stockton $2,660,093 $2,927,349 Yuba County $483,256
Sunnyvale $533,023 $828,483 $911,720
Temecula $467,631
Thousand
Oaks $506,368
Torrance $760,089
Tulare $494,944 $544,671
Turlock $309,854 $481,610 $529,997
Tustin $659,464
Union City $394,694 $434,349
Upland $431,845 $475,232
Vacaville $240,500 $373,812 $411,368
Vallejo $864,418
Ventura
County $1,470,575
Victorville $1,082,334
Visalia $1,078,990
Vista $635,530 $699,381
Walnut
Creek $236,813
Watsonville $362,515 $563,461 $620,071
West Covina $388,763 $604,258 $664,967
Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 25 Entitlement Local Government Non-Entitlement Local Government Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
Local Gov
Funding
Amount
2019
Funding
Amount
2020
Funding
Amount
2021
West
Sacramento $236,679 $367,872 $404,832
Westminster $873,327
Whittier $595,595 $655,434
Woodland $387,006 $425,889
Yorba Linda $182,215
Yuba City $483,607 $532,195
Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 26 Appendix B
List of High-cost Areas in California
High-cost Area by
County
High-cost Area pursuant to Federal
Housing Finance Agency’s Maximum
Loan Limits for Mortgages Acquired
in Calendar Year 2020
High-cost Area pursuant to
Department of Housing and Urban
Development Very Low-Income
Adjustments due to High-Housing
Cost for Fiscal Year 2020-21
Alameda x
Contra Costa x
El Dorado x
Imperial x
Los Angeles x
Madera x
Marin x
Merced x
Monterey x
Napa x
Orange x
Placer x
Sacramento x
San Benito x
San Diego x
San Francisco x
San Luis Obispo x
San Mateo x
Santa Barbara x
Santa Clara x
Santa Cruz x
Solano x
Sonoma x
Tulare x
Ventura x
Yolo x
Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 27 Appendix C
Estimate of Five-Year PLHA Allocation for Entitlement and Non-Entitlement Local government
Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-YearFunding Amount Alameda $3,352,590 Alpine County $408,390
Alhambra $2,793,768 Alturas $475,835
Aliso Viejo $715,062 Amador City $395,168
Anaheim $12,931,710 Amador County $805,115
Antioch $2,365,410 American Canyon $704,612
Apple Valley $1,725,366 Anderson $622,622
Bakersfield $10,385,412 Angels $487,737
Baldwin Park $2,929,068 Arcata $1,056,372
Bellflower $3,081,744 Artesia $814,372
Berkeley $7,761,504 Arvin $831,563
Buena Park $2,215,452 Atwater $949,257
Burbank $2,863,092 Auburn $719,158
Camarillo $812,124 Avenal $627,912
Carlsbad $1,635,492 Benicia $848,754
Carson $2,488,380 Biggs $424,261
Cathedral City $1,699,338 Bishop $502,283
Cerritos $655,278 Blue Lake $409,715
Chico $2,342,088 Brawley $906,940
Chino $1,496,190 Butte County $2,000,572
Chino Hills $1,063,710 Calaveras County $1,238,865
Chula Vista $6,356,898 Calexico $1,222,996
Citrus Heights $1,876,554 Calimesa $532,699
Clovis City $2,193,654 Calipatria $462,611
Compton $4,618,320 Calistoga $511,540
Concord $2,932,710 Capitola $630,557
Corona $3,492,018 Carmel-by-the-Sea $491,704
Costa Mesa $3,171,486 Chowchilla $662,295
Cupertino City $993,060 Clearlake $875,203
Daly City $3,070,926 Coalinga $618,655
Davis $1,817,544 Colfax $432,196
Delano City $1,950,744 Colusa $515,507
Downey $3,121,674 Colusa County $500,961
El Cajon $3,872,292 Corcoran $683,453
El Centro $1,475,988 Corning $555,180
Elk Grove $2,638,722 Crescent City $485,092
El Monte $5,083,752 Del Norte County $844,787
Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 28 Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-YearFunding Amount Encinitas $936,264 Dinuba $889,749
Escondido $5,057,466 Dixon $692,710
Fairfield $2,345,460 Dorris $399,135
Fontana $5,886,732 Dos Palos $496,994
Fountain Valley $867,648 Dunsmuir $432,196
Fremont $3,846,960 El Centro $1,297,051
Fresno $20,445,618 El Dorado County $2,879,974
Fullerton $4,130,712 Etna $403,103
Gardena $1,979,262 Eureka $1,125,138
Garden Grove $5,966,058 Exeter $586,917
Gilroy City $1,465,554 Farmersville $589,562
Glendale $5,202,150 Ferndale $426,906
Glendora City $781,548 Firebaugh $572,371
Goleta $564,090 Fort Bragg $641,136
Hanford $1,772,808 Fort Jones $415,004
Hawthorne $3,676,914 Fortuna $651,715
Hayward $3,910,410 Fowler $486,414
Hemet $2,415,216 Glenn County $641,136
Hesperia $3,034,662 Grass Valley $813,049
Huntington Beach $3,290,970 Greenfield $839,497
Huntington Park $3,910,068 Gridley $555,180
Indio City $2,735,772 Grover Beach $727,093
Inglewood $4,414,656 Guadalupe $606,754
Irvine $4,547,862 Gustine $441,452
Laguna Niguel $920,484 Hidden Hills $428,228
La Habra $2,333,202 Hollister $1,081,498
Lake Forest $1,326,420 Holtville $495,671
Lake Elsinore $1,491,162 Humboldt County $2,066,693
Lakewood $1,625,082 Huron $597,497
La Mesa $1,132,854 Imperial $548,568
Lancaster $4,169,130 Imperial County $1,043,148
Livermore $1,251,240 Indian Wells $532,699
Lodi $2,017,590 Industry $393,581
Lompoc $1,362,162 Inyo County $622,622
Long Beach $17,560,704 Ione $452,032
Los Angeles $157,317,438 Jackson $524,764
Lynwood $3,788,322 King City $805,115
Madera $2,533,914 Kings County $980,995
Menifee $1,509,624 Lake County $1,450,450
Merced $3,112,314 Lakeport $475,835
Milpitas City $1,431,570 Lassen County $612,043
Mission Viejo $1,240,098 Lemoore $871,235
Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 29 Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-YearFunding Amount Modesto $5,818,482 Lincoln $1,219,029
Montebello $1,900,548 Lindsay $703,289
Monterey $698,514 Live Oak $537,988
Monterey Park $1,913,226 Livingston $653,038
Moreno Valley $6,178,854 Loomis $490,382
Mountain View $1,539,306 Los Banos $1,129,105
Napa City $1,909,260 Loyalton $405,747
National City $2,359,146 Madera County $1,643,522
Newport Beach $1,017,678 Mammoth Lakes $490,382
Norwalk $3,556,572 Maricopa $400,458
Oakland $22,226,850 Marina $945,290
Oceanside $3,894,906 Mariposa County $770,732
Ontario $5,520,108 Marysville $662,295
Orange $3,644,898 McFarland $676,841
Oxnard $6,950,574 Mendocino County $2,099,753
Palmdale $4,674,384 Merced County $1,865,687
Palm Desert $1,027,836 Modoc County $458,644
Palm Springs $1,153,422 Mono County $462,611
Palo Alto $1,388,976 Montague $412,359
Paradise $561,576 Mount Shasta $539,311
Paramount City $2,629,182 Napa County $859,334
Pasadena $5,616,456 Nevada City $473,190
Perris City $2,799,192 Nevada County $1,837,916
Petaluma $1,106,142 Orange Cove $608,076
Pico Rivera $2,033,838 Orland $555,180
Pittsburg $1,906,098 Oroville $822,306
Placentia $1,288,644 Pacific Grove $712,546
Pleasanton City $906,534 Palos Verdes Estates $580,305
Pomona $6,410,670 Parlier $801,148
Porterville $2,056,524 Pismo Beach $597,497
Rancho Cordova City $1,712,196 Placer County $2,730,542 Rancho Cucamonga $2,702,856 Placerville $664,940
Rancho Santa Margarita $608,376 Plumas County $727,093
Redding $2,020,884 Plymouth $404,425
Redondo Beach $784,980 Point Arena $404,425
Redwood City $2,086,314 Portola $452,032
Rialto $3,586,716 Rancho Mirage $1,032,569
Riverside $9,732,750 Red Bluff $744,284
Rocklin City $807,828 Rio Dell $474,513
Rosemead $2,059,428 Rio Vista $577,661
Roseville $1,880,196 Riverbank $732,382
Sacramento $14,142,402 San Benito County $727,093
Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 30 Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-YearFunding Amount Salinas $6,041,082 San Joaquin $471,868
San Bernardino $9,732,162 San Juan Bautista $455,999
San Clemente $1,134,240 San Juan Capistrano $1,418,712
San Diego $34,741,098 Sand City $402,838
San Francisco $52,308,210 Santa Cruz County $3,395,713
San Jose $26,091,876 Scotts Valley $622,622
San Leandro $2,099,760 Shasta County $1,721,544
San Marcos City $1,915,068 Shasta Lake $613,366
San Mateo $2,051,364 Sierra County $405,747
Santa Ana $16,822,236 Siskiyou County $852,722
Santa Barbara $2,718,654 Solano County $769,410
Santa Clara $2,876,946 Soledad $725,770
Santa Clarita $3,529,554 Sonora $548,568
Santa Cruz $1,588,464 South Lake Tahoe $994,219
Santa Maria $4,400,826 St. Helena $534,021
Santa Monica $3,285,096 Suisun City $928,099
Santa Rosa $4,165,950 Susanville $559,147
Santee $806,244 Sutter County $698,000
Seaside $1,158,744 Sutter Creek $471,868
Simi Valley $1,742,142 Taft $543,278
South Gate $4,327,920 Tehama $393,581
South San Francisco $1,307,880 Tehama County $1,120,113 Stockton $10,268,580 Trinidad $396,491
Sunnyvale $3,198,138 Trinity County $729,738
Temecula $1,640,358 Truckee $627,912
Thousand Oaks $1,776,240 Tulare County $3,501,506
Torrance $2,666,244 Tulelake $411,037
Tulare $1,910,598 Tuolumne County $1,453,095
Turlock $1,859,124 Ukiah $778,667
Tustin $2,313,270 Vernon $392,259
Union City $1,523,610 Wasco $813,049
Upland $1,667,022 Weed $459,966
Vacaville $1,443,000 Westmorland $436,163
Vallejo $3,032,214 Wheatland $432,196
San Buenaventura $2,144,634 Williams $485,092
Victorville $3,796,620 Willits $553,857
Visalia $3,784,890 Willows $561,792
Vista $2,453,292 Winters $532,699
Walnut Creek $830,694 Woodlake $539,311
Watsonville $2,175,090 Yolo County $819,661
West Covina $2,332,578 Yountville $486,414
Westminster $3,063,462 Yreka $612,043
Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 31 Entitlement Local government Non-Entitlement Local government Local government Estimate 5-Year
Funding Amount Local government Estimate 5-YearFunding Amount West Sacramento $1,420,074 Yuba County $1,634,265
Whittier $2,299,140
Woodland $1,493,934
Yorba Linda $639,174
Yuba City $1,866,840
Alameda County $5,603,190
Contra Costa County $13,021,068
Fresno County $9,860,088
Kern County $12,962,064
Los Angeles County $66,150,756
Marin County $4,353,426
Monterey County $3,890,280
Orange County $7,632,984
Riverside County $23,977,026
Sacramento County $16,324,956
San Bernardino County $20,754,846
San Diego County $11,879,796
San Joaquin County $7,861,158
San Luis Obispo County $5,235,012
San Mateo County $7,257,300
Santa Barbara County $3,418,722
Santa Clara County $4,420,398
Sonoma County $5,396,358
Stanislaus County $6,929,892
Ventura County $5,158,494
Attachment 2
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA 32 Appendix D
Housing Element and Annual Progress Report (APR) Submittal Status Requirement stated in Guidelines Section 302(a) and (b) To be eligible to apply, jurisdictions are required to have a housing element that has been adopted by the jurisdiction’s governing body and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585 by the application date. If the application is submitted within 120 days of the housing element due date, the Department may refer to the jurisdiction’s compliance from the prior cycle.

To verify current status and eligibility for PLHA funds, please consult the following resources:

Housing Element Compliance: Housing Element Review and Compliance Report | California Department of Housing and Community Development
Annual Progress Report Submittal: Annual Progress Reports - Data Dashboard and Downloads | California Department of Housing and Community Development Please note that PLHA is an over-the-counter program, allowing Applicants to apply at any point during the OTC application window of August 17 to October 31. If a jurisdiction is currently out of compliance, that jurisdiction, once it reaches compliance with the housing element and APR requirements, will be eligible for these funds.

For questions about Housing Element Compliance, please email [email protected]. For inquiries on status of APR submittal, please email [email protected].

Attachment 2
Permanent Local Housing Allocation
Final Guidelines
Gavin Newsom, Governor
State of California
Alexis Podesta, Secretary
Business, Consumer Services and Housing Agency
Douglas R. McCauley, Acting Director
California Department of Housing and Community Development 2020 West El Camino Avenue, Suite 150
Sacramento, CA 95833
October 2019
Attachment 3
Department of Housing and Community Development 2 2019 PLHA Final Guidelines The matters set forth herein are regulatory mandates, and are adopted in accordance with the authorities set forth below:

Quasi-legislative regulations … have the dignity of statutes … [and]… delegation of legislative authority includes the power to elaborate the meaning of key statutory terms… Ramirez v. Yosemite Water Co., 20 Cal. 4th 785, 800 (1999) In consultation with stakeholders, the California Department of Housing and Community Development (Department) may adopt Guidelines to implement this Section, including determining allocation methodologies. Any guideline, rule, policy, or standard of general application employed by the Department in implementing this chapter shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Title 2 Government Code, Part 1 of Division 3).

NOTE: Authority Cited: Health and Safety Code Section 50470, subdivision (d).

The Department reserves the right, at its sole discretion, to suspend or amend the provisions of these Guidelines, including, but not limited to, grant award amounts.

Attachment 3
Department of Housing and Community Development 3 2019 PLHA Final Guidelines

INTRODUCTION
Chapter 364, Statutes of 2017 (SB 2, Atkins) was part of a 15-bill housing package aimed at addressing the state’s housing shortage and high housing costs. Specifically, it establishes a permanent source of funding intended to increase the affordable housing stock in California. The revenue from SB 2 will vary from year to year, as revenue is dependent on real estate transactions with fluctuating activity. The legislation directs the California Department of Housing and Community Development (Department) to use 70 percent of the revenue collected, beginning in calendar year 2019, to provide financial assistance to local governments for eligible housing-related projects and programs to assist in addressing the unmet housing needs of their local communities. This program is hereafter referred to as the Permanent Local Housing Allocation (PLHA) program.

Guidelines for the PLHA program are organized into five Articles as follows:

Article I. General provisions: This article includes information on the purpose of the Guidelines, program objectives, and definitions used throughout the document.

Article II. Program funding: This article describes allocation formulas and methodologies, and award amounts.

Article III. Formula allocation component: This article describes the requirements for Applicants to apply for funds under the formula allocation of the PLHA program.

Article IV. Competitive allocation component: This article describes requirements and uses for PLHA competitive allocation funds.

Article V. Administration: This article describes administrative functions such as terms, non-performance remedies, and reporting and monitoring requirements.

Attachment 3
Department of Housing and Community Development 4 2019 PLHA Final Guidelines Permanent Local Housing Allocation (PLHA) Program:
2019 Guidelines
Table of Contents
ARTICLE I. GENERAL PROVISIONS 5
Section 100. Purpose and Scope 5
Section 101. Definitions 5
ARTICLE II. PROGRAM FUNDING 9
Section 200. Allocations 9
Section 201. Award Amounts 10
ARTICLE III. FORMULA ALLOCATION COMPONENT 11
Section 300. Eligible Applicants 11
Section 301. Eligible Activities 12
Section 302. Threshold Requirements 13
Section 303. Application Review 16
Section 304. Deadlines and Funding Requirements 17
ARTICLE IV. COMPETITIVE ALLOCATION COMPONENT 17
Section 400. Eligible Applicants 17
Section 401. Eligible Activities 18
Section 402. Threshold Requirements 18
Section 403. Selection Criteria 20
Section 404. Application Review 22
Section 405. Deadlines and Funding Requirements 23
ARTICLE V. ADMINISTRATION 23
Section 500. Accounting Records 23
Section 501. Audits/Monitoring of Project Files 24
Section 502. Cancellation and Termination 25
Section 503. Reporting 26
Attachment 3
Department of Housing and Community Development 5 2019 PLHA Final Guidelines ARTICLE I. GENERAL PROVISIONS
Section 100. Purpose and Scope
(a) These Guidelines (hereinafter “Guidelines”) implement, interpret, and make specific Chapter 364, Statutes of 2017 (SB 2, Atkins - hereinafter “SB 2”) as authorized by Health and Safety Code (HSC) Section 50470, which created the Building Homes and Jobs Trust Fund and the PLHA program. The principal goal of this program is to make funding available to eligible local governments in California for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities. Twenty percent of the funding in the Building Homes and Jobs Trust Fund is required to be expended for Affordable Owner-Occupied Workforce Housing, and the program prioritizes investments that increase the supply of housing to households that are at or below 60 percent of the Area Median Income (AMI), adjusted for household size.
(b) These Guidelines establish terms, conditions, and procedures for local governments to submit applications to the Department for funds from the PLHA program’s three components, as listed below:
(1) Entitlement formula component per HSC 50470(b)(2)(B)(i)(I) (2) Non-entitlement formula component per HSC 50470(b)(2)(B)(i)(II) (3) Non-entitlement competitive grant program component per HSC 50470(b)(2)(B)(i)(I) (eligible Applicants are the same as for component 2 above)
(c) The non-entitlement competitive grant program component prioritizes assistance to persons experiencing or At risk of homelessness.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(A), subdivision (b)(2)(B)(i) and subdivision (b)(2)(B)(ii)(I-V).

Section 101. Definitions
All terms not defined below shall, unless their context suggests otherwise, be interpreted in accordance with the meanings of terms described in HSC Section 50470. (a) “Accessory dwelling unit” (ADU) means a dwelling unit which is attached, detached or located within the living area of the existing dwelling or residential dwelling unit and which provides complete independent living facilities for one or more persons pursuant to Government Code (GC) Section 65852.2 and 65852.22. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling. An Accessory dwelling unit also includes the following: an efficiency unit, as defined in Section 17958.1 of the HSC, or a manufactured home, as Attachment 3
Department of Housing and Community Development 6 2019 PLHA Final Guidelines defined in Section 18007 of the HSC.
(b) "Activity" means any single eligible undertaking carried out as part of an Applicant's allocation(s) under the Program.
(c) “Affordable” means a housing unit that satisfies at least one of the following criteria:

1. If the unit is being rented to low-income, Very low-income or Extremely low-income households, it complies with the Multifamily Housing Program guidelines Section 7312 and the Section 7301 definition of “Affordable Rent”; or

2. If the unit is being sold, it is offered at an “Affordable housing cost”, as published in the Fannie Mae Selling Guide, Part B, Debt to Income Ratios, as updated annually
(https://www.fanniemae.com/content/guide/selling/b3/6/02.html#DTI.20Rat ios), and it complies with the income limits stated in the definitions of Moderate-Income and Lower-Income in this section; or

3. If the unit is being rented to Moderate-Income households, it is available at a gross rent, including a utility allowance, that does not exceed 30 percent of the applicable income eligibility level, and complies with the definition of Moderate-Income in these guidelines
(d) "Affordable Owner-Occupied Workforce Housing" (AOWH) means owner-occupied housing per HSC Section 50092.1 that is affordable to persons and families of low or moderate income, as that term is defined in HSC Section 50093, except in High-cost areas where Moderate-income shall include households earning up to 150 percent of AMI.
(e) “Annual Progress Report” (APR) means the Housing Element APR required by GC Section 65400 on the prior year’s activities and due to the Department April 1 of each year.
(f) “Annual Report" means a form issued by the Department and completed by a Local government awarded PLHA funds on which the Local government documents the uses and expenditures of any allocated funds and outcomes achieved. (g) "Applicant" means an eligible Local government applying for the program to administer one or more eligible activities. Applicant also means a Local or Regional Housing Trust Fund delegated by an eligible Local government to apply for the program and administer its allocation in accordance with all program rules.

Attachment 3
Department of Housing and Community Development 7 2019 PLHA Final Guidelines (h) “Area Median Income” or “AMI” means the most recent applicable county median family income published by the Department, available at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml (i) “At risk of homelessness” means the same as defined in Title 24 Section 578.3 of the Code of Federal Regulations and also includes any household receiving rental assistance funded by the California Emergency Solutions and Housing (CESH) program or the California Homeless Emergency Aid Program (HEAP). (j) “Capitalized Reserve for Services” means the reserve funded by the Local government pursuant to Section 301(a)(5) to address project supportive service budget deficits attributable to shortfalls in service funding sources.
(k) “Comprehensive Housing Affordability Strategy” or “CHAS” means annual data compiled by the United States Census Bureau for the U.S. Department of Housing and Urban Development (HUD) to document the extent of housing problems and housing needs, particularly for low-income households.
(l) "Community Development Block Grant" or "CDBG" means the program created pursuant to Title I of the Housing and Community Development Act of 1974, 42 U.S.C. 5301 et seq., as amended.
(m) “Department” means the California Department of Housing and Community Development.
(n) “Extremely Low Income” has the meaning set forth in HSC Section 50106, which is a maximum of 30 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml. (o) “Fund” means the Building Homes and Jobs Trust Fund pursuant to HSC Section 50470.
(p) “High-cost area” means those counties defined as high cost by the Federal Housing Finance Agency (at: https://www.fhfa.gov/DataTools/ and those counties for which HUD adjusted the Very low income and low-income rents due to high costs (at:
https://www.huduser.gov/portal/pdrdatas_landing.html), as published by the Department in the annual PLHA Notice of Funding Availability.
(q) “Local government” means any city, including a charter city, any county, including a charter county, or a city and county, including a charter city and county.

Attachment 3
Department of Housing and Community Development 8 2019 PLHA Final Guidelines (r) “Local Housing Trust Fund” or “Regional Housing Trust Fund” means a public, joint public and private fund or charitable nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code, which was established by legislation, ordinance, resolution (including nonprofit articles of incorporation), or a public-private partnership organized to receive specific revenue to address local or regional housing needs.
(s) “Low or Lower Income” has the meaning set forth in HSC Section 50079.5, which is a maximum of 80 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml. (t) “Moderate-Income” has the meaning set forth in HSC Section 50093, which is a maximum of 120 percent AMI, or in High-cost areas, 150 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml. (u) “Non-entitlement local government” means a Local government in an area which is not a metropolitan city or part of an urban county, a Local government that, as of September 1, 2017, was an incorporated city with a population of less than 50,000 or a county with an unincorporated area population of less than 200,000 persons which had not entered into a three-year Urban County Cooperation Agreement, or a Local government that was not otherwise entitled to receive CDBG funds directly from HUD. (v) “Operating subsidies” means payments to owners of affordable housing developments that make the housing more affordable by covering a portion of the ongoing costs of operating the development. Such payments would have the same effect as rental assistance.
(w)“Owner-occupied” means a dwelling which is occupied by the owner and includes a single family dwelling or a dwelling unit in a stock cooperative, as defined by Business and Professions Code (BPC), Section 11003.2, a community apartment project, as defined by BPC Section 11004, or a condominium project, as defined by subdivision (c) of BPC Section 11004. 5.
(x) "Plan" means the document submitted by the Applicant to the Department as part of a complete application in which the Applicant proposes to use allocated funds for at least one eligible Activity. The Plan shall have a term of five years. In succeeding years, the Local government is required to obtain the approval of the Department for any amendments made to the Plan, as set forth in Section 302(c)(5). (y) “Permanent Local Housing Allocation Program", “Program”, or "PLHA" means the program developed to annually allocate 70 percent of the moneys deposited into the Fund pursuant to HSC Section 50470(b)(2)(B)(i).

This may be problematic if PLHA is actually used to fund "moderate" income units as definition is different from what is allowed by HE and RHNA.

Attachment 3
Department of Housing and Community Development 9 2019 PLHA Final Guidelines (z) “Permanent supportive housing” has the same meaning as in HSC Section 50675.14, that is, housing with no limit on the length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing residents in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Permanent supportive housing may include associated facilities if used to provide services to housing residents. Permanent supportive housing does not include “health facility” as defined by HSC Section 1250 or any “alcoholism or drug abuse recovery or treatment facility” as defined by HSC Section 11834.02 or “Community care facility” as defined in HSC Section 1502, “Mental health rehabilitation centers” as defined in Section 5675 of the Welfare and Institutions Code (WIC), or other residential treatment programs.
(aa)“Regional Housing Needs Allocation" or "RHNA" means the share of the regional housing need represented by persons at all income levels within the area significantly affected by the general plan of the city or county allocated to an Applicant Local government pursuant to GC Section 65584(b).
(bb)“Sponsor” means the legal entity or combination of legal entities with continuing control of a Rental Housing Development. Where the borrowing entity is or will be organized as a limited partnership, Sponsor includes the general partner or general partners who have effective control over the operation of the partnership, or, if the general partner is controlled by another entity, the controlling entity. Sponsor does not include the seller of the property to be developed as the rental housing Project, unless the seller will retain control of the Project for the period necessary to ensure Project feasibility as determined by the Department.
(cc) “Very Low Income” has the meaning set forth in HSC Section 50105, which is a maximum of 50 percent of AMI. Grantees shall utilize income limits issued by the Department at the following link:
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-incomelimits.shtml.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470.5 and 50470, subdivision (b)(2).

ARTICLE II. PROGRAM FUNDING
Section 200. Allocations
(a) SB 2 created a dedicated revenue source for affordable housing and directed the Department to make available 70 percent of the moneys in the Building Homes and Jobs Trust Fund, collected on and after January 1, 2019, to Local governments through the following allocations:

Attachment 3
Department of Housing and Community Development 10 2019 PLHA Final Guidelines (1) Ninety percent of the moneys available shall be allocated based on the formula used under Federal law to allocate CDBG funds within California. This is the formula specified in Title 42 United States Code (USC), Section 5306. (A) The amount of funds awarded to each Local government eligible for the entitlement formula component shall be determined by the 90 percent of PLHA funds available pursuant to this paragraph (1) and the percentage of funds received by the entitlement Local government in the CDBG federal fiscal year 2017 allocation process performed by HUD.
(B) Through the formula specified in paragraph (1), the percentage of funds allocated to Non-entitlement local governments shall be distributed to Non-entitlement local governments through a competitive grant program. (2) Ten percent of the moneys available shall be allocated equitably among Non-entitlement local governments. The equitable allocation awarded to each Local government eligible for the Non-entitlement formula component shall be based on the sum of: (1) 50 percent of the funding available for the Non-entitlement formula component divided by the number of local governments eligible for the Non-entitlement formula component and (2) 50 percent of the funding allocated in proportion to each Non-entitlement local government’s share of the total most severe housing need in California’s Non-entitlement local governments, based upon the most recent HUD Comprehensive Housing Affordability Strategy.
(b) After funds are appropriated by the Legislature as part of the budget act, the Department will issue one or more Notices of Funding Availability (NOFA). Local governments shall submit an application under the NOFA pertaining to the specific allocation for which the Local government is eligible.
(c) It is recommended that Local governments that were urban counties in accordance with the distribution of funds pursuant to the formula specified in 42 USC, Section 5306 for the federal fiscal year 2017 provide a proportional share of their allocations to Local governments within their county with which they had a three-year Urban County Cooperation Agreement as of September 1, 2017, provided that these Local governments meet the threshold requirements of the PLHA and expend sub-allocated funds for eligible activities within the deadlines of the Standard Agreement governing the sub-allocation.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B).

Section 201. Award Amounts
(a) The formula allocation amounts derived pursuant to the formulas in Section 200 will be announced in the NOFA.

Attachment 3
Department of Housing and Community Development 11 2019 PLHA Final Guidelines (b) The maximum application amount and the minimum application amount for the competitive allocation will be stated in the NOFA.
(c) An Applicant may apply for its formula allocation from the current and two prior NOFAs for which it did not receive an award, provided that the award meets the requirements of Section 304(a).

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B).

ARTICLE III. FORMULA ALLOCATION COMPONENT
Section 300. Eligible Applicants
(a) Eligible Applicants for the entitlement formula component described in Section 100(b)(1) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section 5306.
(b) Eligible Applicants for the non-entitlement formula component described in Section 100(b)(2) and the competitive grant program component described in Section 100(b)(3) are limited to the Non-entitlement local governments. (c) A Local government may delegate another Local government to submit an application and administer on its behalf its formula allocation of Program funds, provided that the Local governments enter into a legally binding agreement and the funds are expended for eligible Activities and consistent with Program requirements. The delegating Local government shall be identified in the application. The administering Local government shall be responsible for all Program requirements.
(d) A Local government may delegate a Local or Regional Housing Trust Fund to submit an application and administer on its behalf its formula allocation of Program funds, provided that the Local government enters into a legally binding agreement with the Local or Regional Housing Trust Fund and the funds are expended for eligible Activities and consistent with Program requirements. The delegating Local government shall be identified in the application. The Local or Regional Housing Trust Fund shall be responsible for all Program requirements. (e) An Applicant shall not be eligible to receive a new allocation of PLHA funds if it has an uncommitted amount of formula PLHA funds greater than the following:
(1) Four times the pending annual allocation if the pending annual allocation is $125,000 or less;
(2) $500,000 if the pending annual allocation is greater than $125,000 and less than $500,000;
Attachment 3
Department of Housing and Community Development 12 2019 PLHA Final Guidelines (3) The amount of the pending annual allocation if the pending allocation is $500,000 or more.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B).

Section 301. Eligible Activities
(a) Eligible Activities are limited to one or more of the following:
(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is Affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary Operating subsidies.
(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory dwelling units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. (4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. (5) Capitalized Reserves for Services connected to the preservation and creation of new Permanent supportive housing.
(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
(A) This Activity may include subawards to Administrative Entities as defined in HSC Section 50490(a)(1-3) that were awarded CESH program or HEAP funds for rental assistance to continue assistance to these households. (B) Applicants must provide rapid rehousing, rental assistance, navigation centers, emergency shelter, and transitional housing activities in a manner consistent with the Housing First practices described in 25 CCR, Section 8409, subdivision (b)(1)-(6) and in compliance with WIC Section 8255(b)(8). An Applicant allocated funds for the new construction, rehabilitation, and preservation of Permanent supportive housing shall incorporate the core Attachment 3
Department of Housing and Community Development 13 2019 PLHA Final Guidelines components of Housing First, as provided in WIC Section 8255, subdivision (b). (7) Accessibility modifications in Lower-income Owner-occupied housing. (8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. (9) Homeownership opportunities, including, but not limited to, down payment assistance.
(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more Affordable housing Projects, or matching funds invested by a county in an Affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an Affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the Affordable housing Project.
(b) A Local government that receives an allocation shall use no more than 5 percent of the allocation for costs related to the administration of the Activity(ies) for which the allocation was made. Staff and overhead costs directly related to carrying out the eligible activities described in Section 301 are “activity costs” and not subject to the cap on “administrative costs.” A Local government may share any funds available for administrative costs with entities that are administering its allocation. (c) Two or more Local governments that receive PLHA allocations may expend those moneys on an eligible jointly funded project as provided for in Section 50470 (b)(2)(B)(ii)(IV). An eligible jointly funded project must be an eligible Activity pursuant to Section 301(a) and be located within the boundaries of one of the Local governments.
(d) Entitlement Local governments may use the flow of PLHA funds to incentivize private lender loans and to guarantee payments for some or all public agency bond financings for activities consistent with the uses identified in Section 301 “Eligible Activities”. This loan guarantee Activity must be identified and fully explained in the Applicant’s “Plan”.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivisions (b)(2)(B)(ii)(IV), (b)(2)(D)(i-x), and (b)(3).

Section 302. Threshold Requirements
Applicants must meet all the following threshold requirements for participation in the formula allocation:
(a) Housing Element compliance: The Applicant and any delegating Local government, if applicable, must have a Housing Element that has been adopted by the Local Attachment 3
Department of Housing and Community Development 14 2019 PLHA Final Guidelines government’s governing body by the application deadline and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585. A Local government’s current Housing Element compliance status can be obtained by referencing the Department’s website at http://www.hcd.ca.gov/community-development/housing-element. (b) APR on the Housing Element submitted to the Department: The Applicant and any delegating Local government, if applicable, must submit to the Department the APR required by GC Section 65400 for the current or prior year by the application deadline date.
(1) Please be advised that the Department will not accept other reports in lieu of the APR. Housing Authority Financial Reports, Redevelopment Reports, and other similar reports will not be accepted as meeting this requirement. If uncertain of the status of the report submittal for a Local government, please contact the Department for more information.
(c) Submit, by the deadline specified in the NOFA, on a form made available by the Department, a complete application which shall meet the following minimum requirements:
(1) Application requests an allocation pursuant to Section 200 in order to carry out one or more of the eligible activities described in Section 301. Except for a jointly funded project as described in Section 301(c), any activities must be carried out within the jurisdiction of the Applicant Local government. (2) Submission of the application is authorized by the governing boards of the Applicant.
(3) Certification in the resolution that, if the Local government proposes allocation of funds for any Activity to another entity, the Local government’s selection process shall avoid conflicts of interest and shall be accessible to the public. For the purposes of this paragraph, “entity” means a housing developer or program operator; “entity” does not mean an administering Local government to whom a Local government delegates its PLHA formula allocation, pursuant to Section 300(d).
(4) A Plan detailing:
(A) The manner in which allocated funds will be used for eligible Activities. (B) A description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of AMI. Programs targeted at households at or below 60 percent of AMI will be deemed to meet this requirement.

Attachment 3
Department of Housing and Community Development 15 2019 PLHA Final Guidelines (C) A description of how the Plan is consistent with the programs set forth in the Local government’s Housing Element.
(D) Evidence that the Plan was authorized and adopted by resolution by the Local government and that the public had an adequate opportunity to review and comment on its content.
(E) The following for each proposed Activity:
(i) A description of each proposed Activity, pursuant to Section 301, and the percentage of funding allocated to it. The description shall specifically include the percentage of funds, if any, directed to AOWH. (ii) The projected number of households to be served at each income level and a comparison to the unmet share of the RHNA at each income level. (iii)A description of major steps/actions and a proposed schedule required for the implementation and completion of the Activity.
(iv)The period of affordability and level of affordability for each Activity. Rental Projects are required to have affordability periods of at least 55 years. (5) The Plan submitted in response to the NOFA shall be for a term of five years. Local governments shall obtain approval of the Department for amendments made to the Plan in each succeeding year of the term of the Plan. Reallocations of more than 10 percent of funds among Activities require amendment of the Plan, with approval granted by the governing body at a publicly noticed public meeting. (6) A certification that, if funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance with one of the following requirements if the property is no longer the primary residence of the homeowner due to sale, transfer or lease, unless it is in conflict with the requirements of another public funding source or law:
(A) The PLHA loan and any interest thereon shall be repaid to the Local government’s PLHA account. The Local government shall reuse the repayments consistent with Section 301; or
(B) The initial owner and any subsequent owner shall sell the home at an Affordable housing cost to a qualified Lower-Income or Moderate-Income household; or
(C)The homeowner and the Local government shall share the equity in the unit pursuant to an equity-sharing agreement. The grantee shall reuse the proceeds Attachment 3
Department of Housing and Community Development 16 2019 PLHA Final Guidelines of the equity-sharing agreement consistent with this section. (7) A certification that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.
(8) A Program income reuse plan describing how repaid loans will be reused for eligible activities specified in Section 301.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii).

Section 303. Application Review
(a) Applicants must submit a complete application by the deadline stated in the NOFA in order to be eligible for funding. Application forms provided by the Department will be available upon release of the NOFA and will require Applicants to submit the forms and other documents to demonstrate that the Local government has met threshold requirements.
(b) The Department may request additional information to complete its review. (c) Applications recommended for funding are subject to conditions specified by the Department. Applicants will receive an official letter of award after the Department approves funding recommendations.
(d) The Department may issue an Over-the-Counter formula allocation NOFA after completing the NOFA process so that Local governments who were not able to submit formula allocation applications by the application deadline will have another opportunity to do so.
(e) If funding proposed in Local government Plans for AOWH activities is lower than 20 percent of the moneys available in the Fund, the Department may require Local governments to use a specific percentage of their annual formula allocations in some future year for AOWH activities as part of the annual funding process.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(A).

Attachment 3
Department of Housing and Community Development 17 2019 PLHA Final Guidelines Section 304. Deadlines and Funding Requirements
(a) The initial PLHA application, including the Plan, must be submitted within 48 months of the budget appropriation (for example, the budget appropriation for 2019 is July 1, 2019, so the application deadline is June 30, 2023). (b) Funds allocated to Local governments that do not submit a complete application by the deadline stated in subsection (a) will revert to the Housing Rehabilitation Loan Fund for the Multifamily Housing Program or for Department-administered technical assistance to Local governments.
(c) A Local government may petition the Department to return any funds allocated to it to be used for the Multifamily Housing Program.
(d) Except for predevelopment expenses for construction projects funded by PLHA and costs to develop and prepare the Plan and the PLHA application, no costs incurred more than one year prior to commitment by the Local government may be paid from PLHA funds. Reimbursement of expenses to prepare the Plan and the PLHA application are subject to the cap on administrative fees. (e) After the Standard Agreement and attachments have been finalized, the Local government will follow provided instructions for signing all required documents. The Local government must submit all supporting materials and a signed Standard Agreement within the timeline provided in the instruction. (f) After the Standard Agreement has been executed by the state, the Local government may submit a request for 100 percent of the funds allocated to be used for eligible expenditures for the Activity(ies) that received the award, and subject to the terms and conditions of the Standard Agreement.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(i) and subdivision (b)(2)(B)(ii)(VI).

ARTICLE IV. COMPETITIVE ALLOCATION COMPONENT
Section 400. Eligible Applicants
(a) Eligible Applicants for the non-entitlement competitive allocation described in Section 100(b)(3) are limited to Non-entitlement local governments. For development of Rental Housing Projects, the Sponsor must be a co-Applicant.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(i)(I).

Attachment 3
Department of Housing and Community Development 18 2019 PLHA Final Guidelines Section 401. Eligible Activities
(a) Eligible Activities are limited to the following and must take place within the jurisdiction of the Applicant Local government:
(1) Development of new multifamily rental housing that is Affordable to households at or below 60 percent of AMI or substantial rehabilitation of multifamily rental housing that will be Affordable to households at or below 60 percent of AMI, but which is not currently restricted as Affordable housing; or (2) Assistance to persons who are experiencing or At risk of homelessness, including, but not limited to, through rapid rehousing, or rental assistance, supportive services and case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers, or new construction, rehabilitation, or preservation of permanent or transitional rental housing.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(i)(I)(ia), (b)(2)(B)(i)(I)(ib) and subdivision (b)(2)(B)(ii)(V).

Section 402. Threshold Requirements
Applicants must meet all the following threshold requirements for participation in the competitive allocation:
(a) Housing Element compliance: The Applicant must have a Housing Element that has been adopted by the jurisdiction’s governing body by the application deadline date and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585. A Local government’s current Housing Element compliance status can be obtained by referencing the Department’s website at http://www.hcd.ca.gov/community-development/housing-element. (b) APR on the Housing Element submitted to the Department: The Applicant must submit to the Department the APR required by GC Section 65400 for the current or prior year by the application deadline date.
(1) Please be advised that the Department will not accept other reports in lieu of the APR. Housing Authority Financial Reports, Redevelopment Reports, and other similar reports will not be accepted as meeting this requirement. If uncertain of the status of the report submittal for a Local government, please contact the Department for more information.
(c) Submit by the deadline specified in the NOFA, on a form made available by the Department, a complete application which shall meet the following minimum requirements:
(1) Application requests a grant pursuant to Section 100(b)(3) in order to carry out one Attachment 3
Department of Housing and Community Development 19 2019 PLHA Final Guidelines or both of the eligible Activities set forth in Section 401. (2) Submission of the application is authorized by the governing board of the Applicant and by the developer co-applicant, if any.
(3) Certification in the resolution that, if the Local government proposes allocation of funds for any Activity to another entity, the selection process shall avoid conflicts of interest, and shall be accessible to the public.
(4) Demonstration of readiness, including site control for development Projects, land use entitlements, environmental review and commitments of other funding and resources required, as further set forth in the NOFA;
(5) Underwriting requirements:
(A)Uniform Multifamily Regulations Subchapter 19 of Title 25, Division 1, Chapter 7 (commencing with Section 8300), as amended from time to time, and the Multifamily Housing Program Guidelines (commencing with Section 7300), as amended from time to time, are hereby incorporated by reference into this subchapter and shall apply to Rental Housing Developments receiving assistance under the PLHA competitive allocation. In the event of a conflict between the provisions of Subchapter 19 and these Guidelines, the provisions of these Guidelines shall prevail.
(i) Section 8312(c) of the Uniform Multifamily Regulations is hereby amended to read:
(c) For Projects utilizing 4 percent tax credits, Developer Fee payments shall not exceed the amount that may be included in Project costs pursuant to 4 CCR, Section 10327. In addition, the Developer Fee paid from development funding sources shall not exceed the following:
(1) For acquisition and/or rehabilitation Projects, or adaptive reuse Projects, the lesser of the amount of Developer Fee in Project costs or $2,000,000. (2) For new construction Projects, the base limit shall be the lesser of the amount that may be included in Project costs or $2,200,000. To arrive at the final limit on Developer Fee paid from development funding sources, the base limit shall then be multiplied by a ratio that is the average of (i) the difference between 2 and the Project’s high-cost ratio, as calculated pursuant to 4 CCR, Section 10317(i)(6) or successor language and (ii) 100 percent.
(ii) Section 8312(d) of the Uniform Multifamily Regulations shall not apply. (iii)Section 8314(a)(1)(A) of the Uniform Multifamily Regulations is amended to read:
(A) Approved deferred Developer Fee, pursuant to Section 8312, provided that the aggregate of the Developer Fee paid from sources and paid as deferred shall not exceed $3,500,000.

Attachment 3
Department of Housing and Community Development 20 2019 PLHA Final Guidelines (B)Period of affordability: All assisted rental units shall be restricted for not less than 55 years.
(C)All development Projects shall demonstrate fiscal integrity.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii).

Section 403. Selection Criteria
(a) Applications submitted within a competitive funding round shall be evaluated using the following criteria. Total available points shall equal 100.

1. Priority Points – 25 points
A. Population - 5 points
(i) If the Applicant is a county that has a population of 200,000 or less within the unincorporated areas of the county, the Applicant shall receive all points.

B. Prior Award – 5 points
(i) If the Applicant did not receive an award based on the formula specified in 42 USC, Section 5306 in 2016, the Applicant shall receive all points.

And either C (i) or C (ii) or C (iii) below:

C. Activity
(i) Assistance for Homeless Persons through Program Activities – 15 points
(a) Applications to assist persons experiencing or At risk of homelessness, including, but not limited to, through programs providing rapid rehousing, or rental assistance, or operating assistance to navigation centers shall receive all points.

Or
(ii) Assistance to Homeless Persons through Development of Navigation Centers– 15 points
(a) Applications for construction of navigation centers shall receive all points.

Or
Attachment 3
Department of Housing and Community Development 21 2019 PLHA Final Guidelines (iii) Assistance for Homeless Persons through Rental Projects – 15 points (a) Applications for the new construction, rehabilitation, or preservation of permanent or transitional rental housing in which all or at least 10 percent of the units are restricted to occupancy by tenants who are homeless or At risk of homelessness shall receive all points.

2. Evaluation Criteria – 75 points
Precise scoring for these factors will be set forth in the NOFA.

A. Community Need – 30 points
(i) Applicants will receive up to a maximum of 30 points based on the rate of households experiencing the most severe housing need according to the most recent HUD CHAS dataset in the Applicant Local government.

Applicants will receive points in proportion to this percentage.

B. Applicant Administrative Experience – 15 points
(i) Applicants with prior experience administering local, state or federal affordable housing or community development programs or who have entered into a contract with an entity with prior experience in the implementation of local, state or federal affordable housing or community development programs will receive up to 15 points.

C. Demonstrated Capacity – 30 points
(i) Capacity points will be based on:
(a) Sponsor experience in Affordable Rental Housing Development and ownership (Up to 30 points) or
(b) Navigation center development experience (for development of these facilities) (Up to 30 points) or
(c) Program Operator experience (for non-development Activities) (Up to 30 points)
(b) Where applications requesting funds for more than one eligible Activity pursuant to Section 401 are permitted by the NOFA, each Activity will receive a separate score for each rating factor, and have an individual Activity total. It is possible that one Activity may score highly enough to receive an award, and the other Activity does not. (c) In the event of tied point scores and insufficient funding for both applications, the Department shall rank the tied applications as follows:
(1) If one of the tied applications is for an Affordable Rental Housing Development and the other is for a program Activity or development of a navigation center, the Attachment 3
Department of Housing and Community Development 22 2019 PLHA Final Guidelines Affordable Rental Housing Development application will be selected for funding; (2) If one of the tied applications is for a navigation center and the other is for a program Activity, the navigation center will be selected for funding; (3) If both of the tied applications are for Affordable Rental Housing Developments, the Project with the lowest weighted average affordability of Restricted Units will be selected;
(4) If both of the tied applications are for navigation centers, the facility that provides overnight shelter to the greatest number of people will be selected; (5) If both of the tied applications are for programs, the Local government with the highest rate of households experiencing the most severe housing need according to the most recent HUD CHAS dataset will be selected.
(d) In the event there are insufficient funds to fulfill the entire funding request for the next highest scored application (Application A), the Department will determine whether Application A is feasible without the full funding request. If Application A is not feasible without full funding, the Department may offer the remaining funds to the application whose score is immediately below Application A. If the remaining funds are insufficient to fulfill the funding request for that application (Application B), the Department will again determine whether this application is feasible without the full funding request. If Application B is not feasible without the full funding request, the Department will perform the same analysis for the application whose score is immediately below Application B.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(i)(I)(ia) and subdivision (b)(2)(B)(ii)(V).

Section 404. Application Review
(a) Applicants must submit a complete application by the deadline stated in the NOFA in order to be eligible for funding. Application forms provided by the Department will be available upon release of the NOFA and will require Applicants to submit the forms and other documents to demonstrate that the Local government has met threshold requirements. The application will require submission of documentation adequate to demonstrate that the application has earned the appropriate number of points. (b) The Department may request additional information to complete its review, provided that the new information would not affect scoring.
(c) Applications recommended for funding are subject to conditions specified by the Department. Applicants will receive an official letter of award after the Department approves funding recommendations.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii).

Attachment 3
Department of Housing and Community Development 23 2019 PLHA Final Guidelines Section 405. Deadlines and Funding Requirements
(a) Applicants will be required to enter into a state Standard Agreement (Standard Agreement) that will set forth conditions for funding and milestones that are required to be met.
(b) After the Standard Agreement and attachments have been finalized, the Local government will follow provided instructions for signing all required documents. The Local government must submit all supporting materials and a signed Standard Agreement within the timeline provided in the instructions or risk forfeiting the grant award.
(c) Except for predevelopment expenses for construction projects funded by PLHA and the costs to develop and prepare the PLHA application, no costs incurred more than one year prior to commitment by the Local government may be paid from PLHA funds.

Reimbursement of expenses to prepare the PLHA application is subject to the cap on administrative fees.
(d) Grant funds shall not be disbursed until:
(1) the Department authorizes loan closing, in the case of development projects; or (2) all general and special conditions have been complied with, in the case of other Activities.
(e) If funds are used for the development of an Affordable Rental Housing Development, the Local government shall make the PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the project. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust, and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Department-approved underwriting of the project for at least 55 years.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(VI).

ARTICLE V. ADMINISTRATION
Section 500. Accounting Records
(a) The grantee shall establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the approved work plan, budget, and schedule. Separate bank accounts are not required. (b) The grantee shall maintain documentation of its financial records for expenditures incurred during the course of the PLHA Activity in accordance with generally accepted accounting principles. Such records shall be kept for at least five years after the close-out report is submitted to the Department.

Attachment 3
Department of Housing and Community Development 24 2019 PLHA Final Guidelines (c) The Department or its designated representative shall have the right to review and copy any records and supporting documentation pertaining to the PLHA grant.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(III) and subdivision (b)(2)(B)(IV) and subdivision (b)(3).

Section 501. Audits/Monitoring of Project Files
(a) Grantee shall maintain PLHA files which, at a minimum, should include the following information and reports:
1) Project/Activity description
2) Land/site Information
3) Planning & zoning history (as appropriate)
4) Records of public hearings and public comments
5) Relocation needs (as appropriate)
6) Contracts, loan and grant agreements, Standard Agreement 7) Environmental records & reports/findings (as appropriate) 8) Design/engineering reports & plans (as appropriate)
9) Description of targeted beneficiaries, services to be provided, household incomes, special needs
10)PLHA Activity costs, invoices, purchase orders, sources and uses of funds for PLHA Activities, terms & conditions of financings, draws and all supporting documentation, change orders (as appropriate)
11)Activity schedule and amendments
12)History of Plan amendments
13)Procurement policy used for PLHA Activity(ies)
(b) The grantee shall maintain such records for possible audit for a minimum of three years after the close-out report is submitted, unless a longer period of records retention is stipulated in the Standard Agreement.
(c) The grantee shall be responsible for monitoring Rental Housing Developments that received PLHA funds for the term of the loan, including, but not limited to, the Projects’ compliance with the occupancy and rent requirements set forth in the Regulatory Agreement, compliance with reserve requirements, and the compliance with habitability standards.
(d) The grantee shall be responsible for monitoring AOWH loans to assure that the homes remain Owner-occupied.
(e) If requested by the Department, the grantee shall obtain a report from a qualified, Attachment 3
Department of Housing and Community Development 25 2019 PLHA Final Guidelines licensed third party that certifies to the amounts of disbursement and identifies the specific Activities for which the disbursements were made. Such a report is permitted to be a component of the A-133 audit.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(IV) and subdivision (b)(3).

Section 502. Cancellation and Termination
(a) In the event that it is determined, at the sole discretion of the Department, that the grantee is not meeting the terms and conditions of the Standard Agreement, the Department shall issue a notice to stop work. Immediately upon receiving the written notice to stop work, the grantee shall cease all work under the Standard Agreement.

The Department has the sole discretion to determine the grantee’s compliance with the terms and conditions after issuance of a stop work order, and to deliver a written notice to the grantee to resume work under this Standard Agreement. (b) The Department shall terminate the Standard Agreement if the grantee is not in compliance with the Guidelines or the terms and conditions of the Standard Agreement. At least 30 days prior to the effective date of the termination of the Standard Agreement, the Department shall provide written notice to the grantee of its intent to cancel the funding allocation. The notice shall specify the reason for early termination and may permit the grantee or the Department to cure any deficiency(ies) prior to the early termination date. The grantee will submit requested documents to the Department within 30 days of the early termination notice. (c) Failure to meet reporting requirements will result in notice to the grantee that it must satisfactorily cure any deficiencies within three months of the notice or it will forfeit the following year’s PLHA formula allocation and be ineligible for a competitive award. The Local government will forfeit subsequent PLHA formula allocations and be ineligible for a competitive award until the Department determines that the Local government has met reporting requirements.
(d) The Department may, as it deems appropriate or necessary, request the repayment of funds from a Local government or offset future years’ funds, or pursue any other remedies available to it by law for failure to comply with the Guidelines and/or the terms and conditions of the Standard Agreement.
(e) Co-Applicants may be adversely impacted by a notice to stop work and/or termination if one grantee is deemed by the Department to not meet the terms and conditions of the Standard Agreement, or fails to meet the reporting requirements outlined in Section 503.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(IV) and subdivision (b)(3).

Attachment 3
Department of Housing and Community Development 26 2019 PLHA Final Guidelines Section 503. Reporting
(a) The Department shall provide grantees with reporting formats and instructions. (b) Annual Reports are required from all grantees pursuant to HSC Section 50470(b)(2)(B)(ii)(III) each year by July 31 for the term of the Standard Agreement.

The Annual Report shall document the uses and expenditures of all awarded allocations and outcomes achieved. This report must be signed by both the Local government’s PLHA administrator and the Local government’s City Manager (or his/her designee), or Chief Executive Officer (or his/her designee) or Chief Financial Officer (or his/her designee). The Annual Report must describe any proposed amendment(s) to the approved Activity and schedule.
(c) Upon expenditure of all allocated funds and completion of the Activities funded by PLHA, the grantee shall submit a close-out report, which will be part of the Annual Report.
(d) The Department may request additional information as needed to meet other applicable reporting or audit requirements.

NOTE: Authority cited: HSC Section 50470, subdivision (d). Reference cited: HSC Section 50470, subdivision (b)(2)(B)(ii)(III) and subdivision (b)(2)(B)(ii)(IV).

Attachment 3
1 AN AGREEMENT BETWEEN THE COUNTY OF MONTEREY and THE CITY OF

CARMEL-BY-THE-SEA, FOR JOINT PARTICIPATION IN THE

PERMANENT LOCAL HOUSING ALLOCATION FUNDING PROGRAM FOR
FISCAL YEARS 2019-2023, AND TO DELEGATE THE COUNTY OF

MONTEREY AS THE ADMINISTERING LOCAL GOVERNMENT FOR THE

PROGRAM
THIS AGREEMENT is made and entered into this 8
th day of November, 2022, by and
between the County of Monterey, a political subdivision of the State of California, hereinafter called "County"; and the City of Carmel-by-the-Sea, a municipal corporation of the State of California, located in the County of Monterey, hereinafter referred to as "City", jointly referred to as "Parties".

WITNESSETH
WHEREAS, the State of California Department of Housing and Community Development ("State") is authorized to provide up to $335 million to Cities and Counties for assistance under the SB 2 Permanent Local Housing Allocation Program ("PLHA Program") Formula Component from the Building Homes and Jobs Trust Fund (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB2)).

WHEREAS, the State issued Permanent Local Housing Allocation Final Guidelines ("PLHA Program Guidelines") in October 2019.

WHEREAS, the State issued a Notice of Funding Availability ("NOFA") dated May 3, 2021, under the Permanent Local Housing Allocation ("PLHA") Formula Component.

WHEREAS, each of the Parties is eligible to apply for and administer Permanent Local Housing Allocation Formula component funds.

WHEREAS, Section 300(c) of the PLHA Program Guidelines allows a local government to delegate another local government to apply and administer on its behalf its formula allocation of Program funds, provided that the local governments enter into a legally binding agreement and the funds are expended for eligible activities consistent with Program requirements.

WHEREAS, City of Carmel-by-the-Sea desires to participate jointly with the County of Monterey in said Program.

WHEREAS, the County of Monterey desires to participate jointly with the City of Carmel-by-the-Sea in said Program, and whereas the County agrees to administer the receipt of formula allocation Program funds on behalf of both Parties and act as the Applicant to the State for the funding.

NOW THEREFORE, in consideration of the mutual promises, recitals, and other Attachment 4
2 provisions hereof, the Parties agree as follows:

SECTION I. GENERAL
A. Responsible Officers. The Director of Housing and Community Development of the County of Monterey (hereinafter referred to as ("Director") is hereby authorized to act as the applicant on behalf of the City of Carmel-by-the-Sea for the PLHA Program and to administer funding and activities under the Program.

The City Administrator of the City of Carmel-by-the-Sea is hereby authorized to act as the responsible officer for the City under the Program.

B. Full Cooperation. Parties agree to fully cooperate and to assist each other in undertaking eligible programs or projects as defined in Section 301 of PLHA Program Guidelines, including but not limited to the development of affordable rental housing.

C. Threshold Requirements for Participation. Parties understand and agree to comply with State's threshold requirements for participation in the formula allocation program as follows:
a. Housing Element compliance: The County as Applicant and the delegating City have a Housing Element that has been adopted by the local government's governing body and subsequently determined to be in substantial compliance with state Housing Element Law pursuant to GC Section 65585. b. Housing Element Annual Progress Report (APR) compliance: The County as Applicant and the delegating City have submitted to the State the APR required by GC Section 65400 for the current or prior year.

D. Term of Agreement-Automatic Renewal Provision. The term of this Agreement shall be for a period encompassing five (5) years of formula allocations (2019-2023), made available in NOFAs issued by the State beginning in February 2020 and extending through 2024, and shall include the years stipulated in the State standard agreement. In addition, this Agreement provides for automatic renewal of participation in successive five-year periods, unless either of the Parties provides written notice of at least 60 days prior to the end of the term that it elects not to participate in a new five-year period. Before the end of the first five-year term, the County will notify the City of Carmel-by-the-Sea in writing of its right not to participate in the joint Program for a successive five-year term. This Agreement remains in effect until the PLHA Program funds received with respect to the fiveyear planning period are fully committed, expended, and all required reports have been submitted and the required reporting period has ended.

E. Scope of Agreement. This agreement covers the PLHA formula program funding administered by the State where each of the Parties is awarded and accepts funding from the State.

Attachment 4
3 SECTION II. PREPARATION AND SUBMITTAL OF PLHA FUNDING APPLICATION

AND PLAN
A. PLHA Application and Plan. Pursuant to the requirements listed in Section 302(c) of the PLHA Program Guidelines, the County shall prepare its own application requesting the formula funds, and a Plan which details how the allocated funds will be used for eligible activities, how investments will be prioritized to increase the supply of housing for households with incomes at or below 60% of Area Median Income, and how the Plan is consistent with the programs set forth in its Housing Element. The County will also provide evidence that the Plan was authorized and adopted by resolution by the Board of Supervisors of the County of Monterey and that the public had an adequate opportunity to review and comment on its content.

The County will also prepare an application on behalf of the City of Carmel-by-theSea requesting the formula funds, and a Plan which details how the allocated funds will be used for eligible activities, how investments will be prioritized to increase the supply of housing for households with incomes at or below 60% of Area Median Income, and how the Plan is consistent with the programs set forth in the City of Carmel-by-the-Sea’s Housing Element. The County will also provide evidence that the Plan was authorized and adopted by resolution by the Board of Supervisors of the County of Monterey and that the public had an adequate opportunity to review and comment on its content.

B. Application Submittal. The County agrees to commit sufficient resources to completing and submitting the PLHA Applications and Plans to State in time for the Parties to be eligible to receive funding beginning in 2019, dependent upon State's execution of a Standard Agreement with County.

SECTION Ill. PROGRAM ADMINISTRATION
A. Responsibilities of Parties. The Parties agree, in the delegation of the County as the administering local government for the PLHA Program, that the County shall be responsible for execution of the Standard Agreements with State and the proper performance of the PLHA Plans. County agrees to perform necessary administrative tasks such as, but not limited to, environmental clearance under CEQA or NEPA, establishment of loan underwriting policies and terms, execution and management of any loans made using PLHA funds, monitoring of programs and projects as needed to fulfill PLHA requirements, and submittal of annual reports to State on PLHA-funded activities. The City of Carmel-by-the-Sea agrees to fully cooperate with the County in all things required and appropriate to comply with the provisions of the Standard Agreement with State. During the first year of the five-year Plan term, the Parties agree to meet on a quarterly basis to discuss the plans for the use of PLHA funds and progress being made. Beginning in the second year of the five- year Plan term, through the end of the fifth year, Parties will agree to a meeting schedule which will provide adequate opportunity for communication and decision-making.

B. Program Administration Funding. In consideration of the County's agreement to Attachment 4
4 be the administering local government for the PLHA Program and its assumption of the responsibilities inherent in this role, the Parties agree that the allowable Program Administration for the funding, which is equal to a maximum of 5% of each year's allocation for each local government jurisdiction, shall be retained exclusively by the County of Monterey for these administrative purposes.

C. Maintenance of Records. The County shall maintain records of activities for any projects undertaken pursuant to the PLHA Program, and said records shall be available for inspection by staff and/or auditors representing the City of Carmelby-the-Sea, on reasonable notice during the normal business hours of County.

SECTION IV. USE OF PLHA FUNDS
A. Joint Participation in Funding of Projects. The Parties agree it is in the best interest of the public that the allocations made available to each local government jurisdiction be combined into a pool of funds to be used throughout either jurisdiction, pursuant to the criteria described in Section IV. D. of this Agreement.

The Parties agree this method will allow for more timely development of the housing units assisted by the funding, and therefore address the current shortage of affordable housing throughout both jurisdictions, which is of vital importance and a high priority to all Parties.

B. Use of Funding During the First Five-Year Term. Given the importance of the existence of critical public infrastructure (water, sewer, storm drainage) to the development of multi-family housing, and due to the general lack of such infrastructure in much of the unincorporated areas of the County, the Parties agree that funding received during the first five-year term will be focused on projects in the City of Carmel-by-the-Sea where such infrastructure is typically available.

County agrees to the use of its funding allocations for projects and the City understands that units developed within the City would count towards the City RHNA numbers.

C. Projects Included in PLHA Plan. In order to develop the PLHA Plan, the Parties have agreed upon the need for multi-family, affordable housing units throughout the County. In accordance with this need, the Parties have shared the status of potential projects in the City of Carmel-by-the-Sea, which may be targeted for PLHA funding. These potential projects have been used to develop the unit count and affordability targeting required to be described in the PLHA Plan. Due to the preliminary nature of the potential projects, the Parties agree that these are subject to change.

D. Project Assistance Criteria. As the Parties have agreed to combine their allocations into a pool of funds to be used throughout the County, the following criteria shall be considered by the County as funding decisions are made for the use of the PLHA funds.
a. Meeting PLHA Commitment Requirements: Pursuant to Section 300(e) of the PLHA Program Guidelines, the County shall consider how individual project Attachment 4
5 readiness and project funding needs will impact the County's ability to remain in compliance with the commitment requirements of PLHA.
b. Project Readiness: Projects will be prioritized for funding within the following tiers of readiness:
i. High Readiness: Project Sponsor has site control, has been awarded any needed planning entitlements, has completed environmental review/clearance, and has developed a neighborhood outreach strategy. ii. Medium Readiness: Project Sponsor has site control, planning entitlements and environmental clearance are under way, and is actively working on a neighborhood outreach strategy.
iii. Low Readiness: Project Sponsor is in negotiations for site control and has inquired of each jurisdiction what will be needed for planning entitlements and environmental review, as well as neighborhood outreach. c. Project Funding Needs: In addition to consideration of Project Readiness, projects with a demonstrated need for the PLHA funding to ensure or enhance project viability will be prioritized.
d. Targeting to the Lowest Income Households: PLHA funds can be used for households at a variety of income levels, but are especially intended to be used to meet the housing needs of households at or below 60% of Area Median Income. Projects which have units targeted for affordability for these households will be prioritized for funding.

E. Minimum Project Assistance by Jurisdiction. Notwithstanding the criteria described above, the Parties agree to make every reasonable effort to ensure that during the five-year term of the agreement, a minimum of one project is funded in the City.

F. Funding Assistance in the Form of Loans. The Parties agree that any funding provided to a housing developer for a project will be provided in the form of a low interest deferred loan, with the loan amount and loan terms (including conditions for the payment of accrued interest and principal from residual receipts), delineated at the time the loan commitment is approved by the County Board of Supervisors. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust in favor of the County of Monterey. A recorded Regulatory Agreement shall restrict occupancy and rents for a term of at least 55 years.

G. Use of Program Income. The Parties agree that program income generated as a result of the receipt of PLHA funds will be retained by the County and utilized to fund future PLHA-eligible activities. Program income will include payments from residual receipts, accrued interest, and any monitoring fees the County chooses to charge.

NOW THEREFORE, the Parties hereto have caused this Agreement to be executed and attested by their proper officer thereunder duly authorized and their official seals to be hereunto affixed, all as of the day first above written.

Attachment 4
6 County Counsel Certification
The Office of the County Counsel hereby certifies that the terms and provisions of this Agreement are fully authorized under State and local laws, and that this Agreement provides full legal authority for the County to undertake all responsibilities as the delegated local government to administer the PLHA funding.

COUNTY OF MONTEREY APPROVED AS TO FORM:

By: _______________ By: ______________
Erik Lundquist Sean Collins
Director of Housing and Community Development Deputy County Counsel, County of Monterey
CITY OF CARMEL-BY-THE-SEA: APPROVED AS TO FORM:

By: _______________ By: ______________
Chip Rerig Brian Pierik
City Administrator City Attorney, City of Carmel-by-the-Sea Attachment 4
PLHA Formula 5-year Plan - Amendment Rev. 5/7/21
1441 Schilling Place, 2nd Fl. South
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies. §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.

Uploaded to HCD?
Eligible Activities, §301
Title:
93901
§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.

State: CA
Address:

Darby Marshall
Director of Housing & Comm
1441 Schilling Place, 2nd Fl. South
File Name:

File Name:

Taxpayer Identification Number Document
Zip Code:

Contact Phone:

Salinas
Applicant Agreement Legally binding agreement between Delegating and Administering Local Governments App1 TIN
App1 Signature Block
Application and Adopting the
Signature Block - upload in Microsoft Word Document Uploaded to HCD? §301(a) Eligible activities are limited to the following: Included? File Name:

Uploaded to HCD?
Uploaded to
State:
§300(d) Is Applicant delegated by another Local government to administer on its behalf its formula allocation of program funds? CA
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.

File Name: Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2019-2023 No
§300(d) If Applicant answered "Yes" above, has the Applicant attached the legally binding agreement required by §300 (c) and (d)? Eligible Applicants §300
§300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and Applicant: County of Monterey
County:
831.755-5391
93901
Auth Rep Name: Erik Lundquist
City: Salinas CA Zip:

Zip Code:
831.755-5154
Contact Name:

City:

Phone:

Address:

Address:
1441 Schilling Place, 2nd Fl. South
Contact Email: [email protected]
City:

State: 93901 Monterey
Salinas
Auth Rep. Email: [email protected]
Title: Housing Program Manager
YES
YES
YES
YES
YES
YES
YES
YES
YES
YES
PLHA Page 1 Formula Allocation Application
Attachment 5
Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). 222 §302(c)(4)(E)(ii) Projected
Number of Households Served 25 25 25 25 25 2
60%
2 Type of Affordable Housing
Activity
Rental:

Developmen
t
Rental:

Developme
nt
Rental:

Developme
nt
TOTAL
§302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for year 2019 &
2020 only
231 55
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

The Housing Element aims to expand the County's afffordable housing inventory by a minium of 900 units (374 very-, 244 low-, and 288 moderate-income units) by 2023. The County will provide gap financing for housing developers to subsidize the construction of affordable units. For this reason, the County will allocate an annual average of 42% of its available PLHA funding to the MCLHTF during the five-year planning period. Policy H-3.2 of the County's Housing Element prioritizes planning residential development within Community Areas near existing or planned infrastructure to ensure conservation of the County's agricultural and natural resources. Working with regional/multi-jurisdictional agreements and activities to facilitate housing development is part of implementing this policy. §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-,very low-, low-, or moderateincome households, including necessary Operating subsidies. §302(c)(4) Plan Rev. 5/7/21
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The County is amending its Action Plan to streamline operations by eliminating funding for one activity and reallocating the funds to the remaining three activities. The remaining activities are: 1) capitalizing a local housing trust fund; 2) capitalized reserves for services connected with the preservation of and creation of new permanent supportive housing; and, 3) assisting persons who ware experiencing or at-risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the construction of new and rehabilition/preservation of permanent and transitional supportive housing. The County's PLHA homeless funding will support the implementation of the Continuum of Care's 10-Year Plan to Reduce Homelessness. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

The County will allocate funding for the Local Housing Trust Fund to provide provide funding for the Monterey County Local Housing Trust Fund to provide gap financing, loans and/or grants to support affordable units within multi-family rental housing projects within the County and incorporated cities, targeted at households that are 60% AMI or below. There are multiple affordable housing projects in the fiveyear pipeline, including Sun Rose Apartments (permanent and transitional supportive housing), Greenfield Commons Phases 1 & 2 (permanent supportive housing and low- and moderate- family housing), Lightfigher Village (permanent supportive housing for veterans), and East Garrison inclusionary units. All units produced through these projects that receive PLHA funding will be occupied by households at or below 60% AMI. All new units will have an affordability restriction of 55-years. The County will prioritize affordable housing projects that target households at or below 60% AMI that are the most shovel ready.

Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.

Ownership:

Acquisition

30.00%
60% 60% 60% 120% 120% 120% 120% 120%
Rental:

Developme
nt
Ownership:

Acquisition
Ownership:

Acquisition

10.00% 10.00%
§302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Activity

25.00%
247 247 780
§302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. Percentage of Funds Allocated for Affordable Owneroccupied Workforce Housing 10% The County will allocate funding to the MCLHTF to ensure funding is available to provide gap financing for the construction affordable units within multi-family developments, permanent supportive services and affordable rental housing projects that are targeted primarily at households at 60% AMI or below (90% of the allocation). These projects must be ready to apply for financing, such as through the California Tax Credit Allocation Committee (TCAC) for either 4% or 9% tax credits. Ten percent of the allocation will be made available to assist households earning up to 120% AMI with the purchase of inclusionary homes deed restricted by County Ordinance.

Funding Allocation Year 2019 2020 2021 2022 2023 2019 2020 2021

45.00% 30.00% 30.00% 10.00% 10.00% 10.00%
Rental:

Developme
nt
Ownership:

Acquisition
Ownership:

Acquisition
2022 2023
135
§302(c)(4)(E)(ii) Area Median
Income Level Served 60%
PLHA Page 1 302(c)(4) Plan
Attachment 5
The County will work with the departments of Health and Social Services annually to identify projects that need financial support to provide supportive services associated with permanent supportive housing. §301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

Funding Allocation Year 2021 2022 2023
Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity . §302(c)(4)(E)(ii) Area Median
Income Level Served 30% 30% 30%
§302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Activity

10.00% 20.00% 20.00%
The County will use funds to provide rapid rehousing, rental assistance, supportive/case management services that will allow people to obtain and retain housing, including operating and capital costs for the County's Salinas SHARE Center and Sun Rose Gardens Permanent & Transitional Housing Development. The County is dedicated to increasing the supply of housing for the 0-30% AMI population within the County by providing permenant and transitional housing. §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.

TOTAL
§302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for year 2019 &
2020 only
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
55-years 55-years 55-years
In 2020 the County established an interest list for housing development through the No Place Like Home Program. Several developers responded to that request and the County used that list to support its application to HCD for the Local Housing Trust Fund matching funds program. On August 1st, the County was notified that HCD had accepted its LHTF application and deemed it complete. With all funding in place for the Monterey County Local Housing Trust Fund, the County is developing program policies and proceedures. The County anticipates having adopted policies and proceedures in place by February 2023 and issuing its first formal request for proposals no later than March 2023 with initial awards being funded before June 30, 2023. §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
55-years 55-years 55-years 55-years 55-years 30-years 30-years 30-years Type of Permanent Supportive
Housing Project
New
Construction
New
Constructio
n
New
Constructio
n
30-years 30-years
§301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.

The County intends to use PLHA funds to meets it affordable housing development goals for permanent supportive housing by providing funding for the construction and preservation of permanent supportive housing units and the capitalized reserves for services necessary to operate permanent supportive housing developments. §301(a)(5) Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing. 0 §302(c)(4)(E)(ii) Projected
Number of Households Served 25 25 25 75
§302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity.

PLHA Page 2 302(c)(4) Plan
Attachment 5
Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). 2022 2023

40.00% 40.00%
§302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Activity

50.00% 15.00% 30.00% 30.00% 35.00%
Navigation
Center
Operating
Navigation
Center
Operating
Funding Allocation Year 2019 2019 2020 2020 2021
Navigation
Center
Operating
Transitiona
l Housing:

New
Constructio
n
Navigation
Center
Operating
§301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. 30% 30% TOTAL §302(c)(4)(E)(ii) Area Median
Income Level Served 30% 30%
The Salinas SHARE Center is in operation and has shelter capacity for 100 unhoused persons per night, including "family rooms" that allow unhoused families to remain together.

Sun Rose Gardens broke ground in February 2022 and is currently under construction. The project should be complete within the next six months, at which time it will begin offering 9 units of permanent supportive housing and 8 units of shared transitional housing. All clients will be referred by the Monterey County Health Department's Behavioral Health Bureau and be homeless with a psychiatric disability diagnosis.
§302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for year 2019 &
2020 only
155 155 310
30% 30% 30%
Type of Activity for Persons
Experiencing or At Risk of
Homelessness
142
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)
55-years 55-years
§302(c)(4)(E)(ii) Projected
Number of Households Served 25 25 17 25 25 25
Navigation
Center
Operating
Transitiona
l Housing:

New
Constructio
n
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project.

PLHA Page 3 302(c)(4) Plan
Attachment 5
25 24
23 22
21 20
19 18
17 16
15 14
13 12
11 10
9 8
7 6
5 4
3 2
1 Justification:

Issue # Program
Name & Tab Section Cell# Update/Comment Urgency ADT Status Status Date Organization: Email: Contact Phone:

Application Development Team (ADT) Support Form Rev. 5/7/21 Please complete the "yellow" cells in the form below and email a copy to: [email protected]. and [email protected]. A member of the Application Development Team will respond to your request within ASAP.

Full Name: Date Requested: Application
Version Date:

PLHA Page 1     Appplication Support
Attachment 5

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
November 1, 2022

PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jermel Laurie, Building Official
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

First Reading - Ordinance 2022-004 amending Carmel Municipal Code (CMC) Title 15 (Buildings and Construction) by adopting the 2022 editions of the California Building (CBC), Residential (CRC), Energy (CEnC), Fire (CFC), Mechanical (CMC), Plumbing (CPC), Electrical (CEC), Green Building Standards (CGBSC), Historic Building (HBC), and Existing Building Codes (EBC) with local amendments.

RECOMMENDATION:

1. Request the City Attorney to read the title of Ordinance 2022-004.

2. Motion to waive further reading and INTRODUCE Ordinance 2022-004 amending Chapter 15 of the Carmel Municipal Code (Buildings and Construction) adopting the 2022 editions of the California Building (CBC), Residential (CRC), Energy (CEnC), Fire (CFC), Mechanical (CMC), Plumbing (CPC), Electrical (CEC), Green Building Standards (CGBSC), Historic Building (HBC), and Existing Building Codes (EBC) with local amendments.

BACKGROUND/SUMMARY:

The State of California Building Standards Commission (CBSC), under CCR Title 24 establishes the minimum standards for building construction, fire safety and prevention, and public health and safety in the built environment throughout the State. The CBSC updates the Title 24 codes on a triennial cycle, with periodic updates as deemed necessary by the CBSC between triennial updates. The CBSC has adopted the 2022 edition of the California Building, Residential, Fire, Electrical, Plumbing, Mechanical, Green Building, Energy, Historic Building and Existing Building Codes, and they will become effective January 1, 2023. Local jurisdictions are required to begin enforcing the updated codes on that same date.

On October 4, 2022, the City Council was given a presentation by the City’s Building Official, Jermel Laurie, on the required California Building Standards Code (Title 24) adoption and two additional discretionary amendments to the Carmel Municipal Code recommended by staff.

On October 12, 2022, a public meeting was hosted by the Building Official at City Hall in person and virtually via Zoom. Two participants joined in person, and six joined virtually. The meeting presented the public with the required changes to the 2022 California Building Standards Codes and suggested additional local amendments. There were no concerns raised by the community about any of the amendments to the codes.

Following the first reading, staff will return to Council on December 6 th
for a second reading and formal
adoption. Upon adoption, the State Building Codes will become effective on January 1, 2023. The Municipal Building Codes will become effective on January 7, 2023.

This Ordinance adopts the codes enumerated in CCR Title 24 as required by the CBSC with local amendments addressing unique conditions and circumstances in the City of Carmel-by-the-Sea as described in the Ordinance in accordance with CBSC requirements.

FISCAL IMPACT:

No new revenues are anticipated as a result of this update. Processing this ordinance and implementation of the new codes are included part of the Community Planning and Building FY2022-2023 adopted budget.

PRIOR CITY COUNCIL ACTION:

The City Council approved updating Title 15 most recently in 2020 (Ord. 2020-001).

ATTACHMENTS:

Attachment 1) REDLINE 2022 Draft Code Update (FINAL)
Attachment 2) CLEAN 2022 Draft Code Update - Ordinance No. 2022-004 Exhibit “A” to City of Carmel-by-the-Sea Ordinance 2022-004 Chapter 15 of the Carmel Municipal Code is hereby amended as follows:

1. Title 15 is amended as follows:

15.08.010 Adoption.

Except as otherwise amended by this chapter and Chapter 15.04 of this City Code, the following model codes are hereby adopted and are incorporated in this chapter by reference and made a part hereof as if fully set forth herein:

A. 2019 2022 California Building Code and Appendices;
B. 2019 2022 California Historic Building Code;
C. 2019 2022 California Existing Building Code;
D. 2019 2022 California Residential Code;
E. 2019 2022 California Plumbing Code;
F. 2019 2022 California Electric Code;
G. 2019 2022 California Mechanical Code;
H. 2019 2022 California Green Building Standards Code;
I. 2019 2022 California Fire Code;
J. 2015 2021 International Property Maintenance Code
K. 2019 2022 California Energy Code

15.08.135 Retrofit Requirements for Residential Fire Sprinkler Systems Existing structures to which additions, alterations, or repairs are made that involve alteration, addition, removal or replacement of 50 percent or greater of the linear length of the walls of the existing building (exterior plus interior, including but not limited to gypsum board, wall board, board and batten, siding, or stucco) within a five-year period shall be provided with an automatic residential fire sprinkler system in accordance with the California Building and Fire Codes. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).

Attachment 1

15.08.260 Exemption for Pending Applications.

The provisions of the 2019 2022 Editions of the California Building Code, and Appendices, the 2019 2022 California Historic Building Code, the 2019 2022 California Mechanical Code, the 2019 2022 California Plumbing Code, the 2019 2022 California Electrical Code, the 2019 2022 California Fire Code, the 2015 2021 International Property Maintenance Code, the 2019 2022 Existing Building Code, and the 2019 2022 California Energy Code, as adopted and amended herein, shall not apply to any building or structure for which application for a building permit was made prior to January 1, 2020 2023. Such buildings or structures shall be erected, constructed, enlarged, altered, or repaired in accordance with the provisions of this chapter in effect at the date of said application.

15.10.010 Adoption.

The 2019 2022 California Residential Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the residential code for the City except as amended in this chapter and in Chapter 15.04 CMC. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2017-04 § 1 (Exh. A), 2017; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2009-04, 2009; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1121.0).

15.10.030 Amendments to the 2019 2022 California Residential Code.

Section R403.1.3 of the 2019 2022 California Residential Code is hereby amended to read as follows:1. Table R301.2(1) is amended to read as follows:

2. Section R403.1.3: is amended to read as follows
Section R403.1.3 Footing and stem wall reinforcement in Seismic Design Categories D0, D1 and D2.

Concrete footings located in Seismic Design Categories D0, D1, and D2, as established in Table R301.2(1), shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.

15.20.010 Adoption
The 2019 2022 California Mechanical Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the mechanical code Attachment 1
for the City, except as amended in this chapter and Chapter 15.04 CMC. (Amended during 4/17 update; Ord. 2014-02 § 1, 2014; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1 § 1, 1996; Ord. 92-24, 1992; Ord. 89-29 § 1, 1989; Code 1975 § 1131.0).

15.24.010 Adoption
The 2019 2022 California Plumbing Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the plumbing code for the City, except as amended in this chapter and in Chapter 15.04 CMC. (Ord. 2017-04 § 1 (Exh.

A), 2017; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 92-24, 1992; Ord. 89-29 § 1, 1989; Code 1975 § 1141.0).

Chapter 15.36 California Electrical Code
Sections

15.36.010 Adoption
The 2019 2022 California Electrical Code, based on the National Electric Code, as promulgated by the National Fire Protection Association, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the electrical code for the City, except as amended in this chapter and in Chapter 15.04 CMC. (Amended during 4/17 update; Ord. 2014-02 § 1, 2014; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1 § 1, 1996; Ord. 91-1 § 1, 1991; Code 1975 § 1161.0).

Chapter 15.55 California Fire Code
Sections

15.55.010 2019 2022 California Fire Code – Adopted

15.55.020 Fire Code – Effective Date – Copy on File

15.55.030 Definitions

15.55.040 Establishment of Limits in Which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks Is Prohibited.

15.55.050 Establishment of Limits in Which Storage of Liquefied Petroleum Gases is Prohibited.

15.55.060 Establishment of Limits in Which Storage of Explosives and Blasting Agents is Prohibited.

15.55.070 Establishment of Limits in Which Storage of Stationary Tanks or Flammable Cryogenic Fluids is Prohibited.

15.55.080 Establishment of Limits in Which Storage of Hazardous Materials is Prohibited.

15.55.090 Fireworks Prohibited.

15.55.100 Amendments to the California Fire Code

15.55.110 Repeal of Conflicting Ordinances

15.55.120 Validity
Attachment 1
*Prior legislation: Code 1975§§720.0 – 725.0, 726.0, 726.1, 730.0 – 730.0 (o), Ords. 325 C.S., 77-2, 79-21, 82-11, 83-25, 85-21, 86-17, 87-11, 89-24, and 95-15.

15.55.010 2019 2022 California Fire Code – Adopted
For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the 2019 2022 California Fire Code, published by the International Code Council, save and except those portions as are deleted, modified, or amended, of which code not less than one copy is now on file in the office of the City Clerk, is adopted and incorporated in the municipal code as if set out at length in this code, and the provisions thereof shall be controlling within the limits of this City. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).

15.55.020 Fire Code – Effective Date – Copy on File
The effective date for the 2019 2022 California Fire Code adopted by CMC 15.55.010 within the City shall be January 1, 2020 2023. The City Clerk shall maintain on file in the official records the edition of the California Fire Code currently in effect at all times. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).

15.55.100 Amendments to the California Fire Code
The 2019 2022 California Fire Code is amended and changed as follows as described in subsections (1) through (367) of this section.

2. Section 101.2.1 is amended to read as follows:
101.2.1 Appendices. Provisions in Appendix Chapter 4 and Appendices B, BB, C, CC, D, H, and AE and I, are hereby adopted in their entirety and shall apply.

6. Section 105.6.1.5 105.5.0 is added to read as follows:
105.6.1.5 105.5.0 Agricultural Explosive Devices. An operational permit is required for storage or use of any agricultural explosive device including “bird bombs”.

7. Section 105.7.7 105.6.6 is amended to read as follows:
105.7.7 105.6.6 Fire alarm and detection systems and related equipment. A construction permit is required for installation of or modification to fire alarm and detection systems and related systems, including systems installed in Group R-3 occupancies (one- and two-family homes). Maintenance performed in accordance with this code is not considered a modification and may not require a permit as determined by the fire code official.

Attachment 1

8. Section 110.4 112.4 is amended to read as follows:
110.4 112.4 Violation penalties. Persons who shall violate any provision of this code or shall fail to comply with any of the requirements thereof or shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction, punishable by a fine not more than five hundred dollars ($500.00). Each day that a violation continues after due notice has been served shall be deemed a separate offense.

10.4. Section 304.3.5 is added to read as follows:

Section 304 – Combustible Materials
Storage and Accumulation of Rubbish and Vegetation
304 304.3.5 Rubbish within Dumpsters. In all rooms or aboveground outside areas, adjacent to a building or underneath roof overhangs or when located nearer than 10 feet to an adjacent property line, containers used for storage of combustible waste materials in other than Group R, Division 3 occupancies shall be protected by automatic sprinkler protection. Such sprinklers may be connected to the domestic water supply, provided sufficient coverage of the area is provided and an approved accessible shutoff valve is provided for each room or area.

Exception: Trash areas adjacent to solid brick or concrete walls with no openings or eaves and a minimum of ten feet (10') separation distance between the dumpster and adjacent property line are not required to be protected by automatic sprinkler system(s).

10.6. Section 503.2.1 is added as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm).

16.5 Section 506.1 is amended to read as follows:
506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for lifesaving or fire-fighting purposes, the fire code official is authorized to require a key box or other approved emergency access device to be installed in an approved Attachment 1
location. The key box or other approved emergency access device shall be of an approved type and shall contain keys or other information to gain necessary access as required by the fire code official.

18. Section 603.6.6 605.3.1 is added to read as follows:
603.6.6 605.3.1 Spark arresters. An approved spark arrester shall be installed on all chimneys, incinerators, smokestacks, solid-fuel burning fire pits, or similar devices for conveying smoke or hot gases to the outer air where the burning of solid fuel conveys smoke, embers and hot gases to the outer air.

20. Reserved. Section 901.4 is amended to read as follows:
901.4 Installation. Fire protection systems shall be maintained in accordance with the original installation standards for that system. All systems shall be extended, altered, or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added to. Alterations to the fire protection systems shall be done in accordance with applicable standards.

21. Section 901.4.5 901.4.6 is amended to read as follows:
901.4.5 901.4.6 Appearance of equipment. Any device that has the physical appearance of life safety or fire protection equipment but that does not perform that life safety or fire protection function shall be prohibited. Any non-required fire protection equipment that is no longer in service shall be removed.

22. Reserved. Section 901.6.01 is added to read as follows:
901.6.01 Responsibility. The owner of the protected premises shall be responsible for all fire protection systems within the protected premises, whether existing or installed under this code.

23. Section 901.6.02 901.6.4 is added to read as follows:
901.6.02 901.6.4 Qualifications of Inspection, Testing and Maintenance Personnel.

All personnel performing any inspection, testing or maintenance of any fire protection system shall be qualified. Where such inspection, testing and maintenance is performed by an outside service company, the company shall be appropriately licensed in accordance with the California Business & Professions Code or by the California State Fire Marshal.

Attachment 1

23.5. Section 901.7 is added to read as follows:
901.7 Systems Out of Service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service.

26. Section 903.3.1.1.3 is added to read as follows:
903.3.1.1.3 Elevators. Automatic fire sprinklers shall not be installed at the top of passenger elevator hoistways or in the associated passenger elevator mechanical rooms.
903.3.1.1.3.1 Where automatic fire sprinklers are not installed at the top of passenger elevator hoistways, heat detectors for the shunt trip mechanism shall not be installed, nor shall smoke detectors for elevator recall be installed. 903.3.1.1.3.2 Where automatic fire sprinklers are not installed in associated elevator mechanical rooms, heat detectors for the shunt trip mechanism shall not be installed.

A smoke detector shall be installed for elevator recall.

26. Section 903.3.1.2 is amended to read as follows:
903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four stories in height shall be permitted to be installed throughout in accordance with NFPA 13R as amended in Chapter 47 of this Code. 903.3.1.2.1 Balconies and decks. Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units were the building is of Type V construction, provided there is a roof or deck above. Sidewall sprinklers that are used to protect such areas shall be permitted to be located such that their deflectors are within 1 inch to 6 inches below the structural members and a maximum distance of fourteen (14) inches below the deck of the exterior balconies and decks that are constructed of open wood joist construction.
903.3.1.2.3 Attics. Where NFPA 13R sprinkler systems are installed, all attic areas shall be provided with sprinkler protection in accordance with NFPA 13. 903.3.1.2.4 Sprinkler control valves. Where NFPA 13R sprinkler systems are installed, sprinkler system control valves shall be installed in accordance with NFPA 13. 903.3.1.2.5 Bathrooms. Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where an electrical receptacle is installed. 903.3.1.2.6 Accessible storage areas. Automatic sprinklers shall be installed in all accessible storage areas.

Attachment 1
903.3.1.2.7 Under-stair spaces. Automatic sprinklers shall be installed in all under-stair spaces including all under-stair closets.

27. Section 903.3.1.3 is amended to read as follows:
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems installed in one- and two-family dwellings shall be installed throughout in accordance with NFPA 13D.
903.3.1.3.1 All fire sprinkler systems installed in one- and two-family dwellings shall be tested for leakage by undergoing a hydrostatic test made at 200 psi for a twohour duration. 903.3.1.3.2 Each water system supplying both domestic and fire protection systems shall have a single indicating-type control valve, arranged to shut off both the domestic and sprinkler systems off of a single water meter. A separate shut-off valve for the domestic system only shall be permitted to be installed. The location of the control valve shall be approved by the fire code official. 903.3.1.3.3 Automatic sprinklers shall be installed in all bathrooms, regardless of square footage., where an electrical receptacle is installed. 903.3.1.3.4 Automatic sprinklers shall be installed in all attached garages and structures.
903.3.1.3.5 Automatic sprinklers shall be installed in all accessible storage areas. 903.3.1.3.5.1 Automatic sprinklers shall be installed in all under-stair spaces including all closets.
903.3.1.3.6 Local water flow alarms shall be provided on all sprinkler systems. Local water flow alarms shall be powered from the main kitchen refrigerator circuit. The local water flow alarm shall be clearly audible from within the master bedroom at an audibility level of not less than 75 dBa. Where no kitchen exists in the building, the water flow alarm shall be powered from the bathroom lighting circuit. 903.3.1.3.7 Automatic fire sprinklers shall be installed to protect all furnaces and heating system appliances.

31.6. Section 904.12.6 904.13.6 is added to existing section:

Attachment 1
904.12.6 904.13.6 Non-Conforming Restaurant Cooking Appliances and Fire Extinguishing Systems. All non-conforming restaurant cooking appliances, hood and duct systems, and fire extinguishing systems found to exist as of the effective date of this Ordinance shall be made to conform to the requirements of this Section within 90 days of notification. It shall thereafter be unlawful for any person to maintain or suffer to be maintained any non-conforming restaurant cooking appliance, hood and duct system or fire extinguishing system on any property owned or controlled by said person within the City of Carmel.

33. Section 907.6.6.4 907.6.6.5 is added to read as follows:
907.6.6.4 907.6.6.5 Zone transmittal. Where required by the fire code official, fire alarm signals shall be transmitted by zone to the supervising station and retransmitted by zone to the public fire service communications center.

34. Section 907.6.6.5 907.6.6 is amended to read as follows:
907.6.6.5 907.6.6 Monitoring. Fire alarm systems required by this chapter, by the California Building Code, or installed voluntarily shall be monitored by a UL-listed central station and shall be documented as UL-certificated central station service systems in accordance with NFPA 72-2010 and this section.

35.4. Section 907.8.5 907.8.4 is amended to read as follows:
907.8.5 907.8.4 Inspection, testing and maintenance. The building owner shall be responsible to maintain the fire and life safety systems in an operable condition at all times. Access shall be provided to each fire alarm system component for periodic inspection, maintenance and testing. Service personnel shall meet the qualification requirements of NFPA 72 for inspection, testing and maintenance of such systems.

Records of inspection, testing and maintenance shall be maintained.

37. Section 4907.1.1 is added to read as follows:
4907.1.1 Standard Defensible Space Requirements: Remove combustible vegetation from within a minimum of 100 feet or to the property line from structures, whichever is closer. Vegetation shall be no taller than four inches (4") high. Limb trees 6 feet up from ground. Remove limbs within 10 feet of chimneys. Additional or alternate fire protection approved by the fire code official may be required to provide reasonable fire safety.

Environmentally sensitive areas may require alternative fire protection, to be determined by the fire code official and other jurisdictional authorities.

Attachment 1

15.36.020 Placement of Service Laterals
A. Within all land use zones, all electrical service laterals to any new building or structure, or to any building or structure being remodeled when such remodeling requires the relocation or replacement of the property owner’s main service equipment, shall be placed underground on the premises upon which the building or structure is located, in accordance with applicable rules, regulations and tariffs on file with the California Public Utilities Commission.

Exceptions to undergrounding of utilities for remodeling:

1. Undergrounding of utilities will not be required when a valuation is less than $200,000.

The permit applicant shall submit contractor bids and other documentation verifying that the valuation is under $200,000 upon request by the Building Official. The valuation of $200,000 shall apply to all construction over a cumulative five-year period prior to and/or after installation of a main electrical service panel.

2. Undergrounding of utilities will not be required when it is determined by the City Forester that the undergrounding operation will damage or destroy significant tree(s); provided, that the property owner posts a bond in an amount equal to the estimated cost of the undergrounding work. The bond shall be maintained until such time that the service lateral is placed underground.

Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
ORDINANCE NO. 2022-004

AN ORDINANCE OF THE CITY COUNCIL OF CARMEL-BY-THE-SEA AMENDING CARMEL MUNICIPAL CODE (CMC) TITLE 15 (BUILDINGS AND CONSTRUCTION) BY ADOPTING THE 2022 EDITIONS OF THE CALIFORNIA BUILDING (CBC), RESIDENTIAL (CRC), ENERGY (CENC), FIRE (CFC), MECHANICAL (CMC), PLUMBING (CPC), ELECTRICAL (CEC), GREEN

BUILDING STANDARDS (CGBSC), HISTORIC BUILDING (HBC), AND EXISTING BUILDING

CODES (EBC) WITH LOCAL AMENDMENTS
WHEREAS, to remain compliant with California Building Standards Commission (CBSC) Title 24, it necessary to amend Title 15 of the municipal code adopting the 2022 editions of the California Building (CBC), Residential (CRC), Energy (CEnC), Fire (CFC), Mechanical (CMC), Plumbing (CPC), Electrical (CEC), Green Building Standards (CGBSC), Historic Building (HBC), and Existing Building Codes (EBC) with local amendments.

SECTION 1. CEQA Review. Pursuant to CEQA section 15378(b)(5), adoption of the building code is an administrative activity of local government that will have no direct or reasonably foreseeable indirect physical change on the environment and therefore is not considered a project requiring compliance with the California Environmental Quality Act (Section 21065 of the California Public Resources Code)

SECTION 2. Amendment of Title 15. The following Sections of Title 15 of the Carmel-bythe-Sea Municipal Code are amended to read (all other sections remain unchanged):

15.08.010 Adoption.

Except as otherwise amended by this chapter and Chapter 15.04 of this City Code, the following model codes are hereby adopted and are incorporated in this chapter by reference and made a part hereof as if fully set forth herein:

A. 2022 California Building Code and Appendices;

B. 2022 California Historic Building Code;

C. 2022 California Existing Building Code;

D. 2022 California Residential Code;

E. 2022 California Plumbing Code;

F. 2022 California Electric Code;

G. 2022 California Mechanical Code;

Attachment 2

Ordinance No. 2022-004
H. 2022 California Green Building Standards Code;

I. 2022 California Fire Code;

J. 2021 International Property Maintenance Code

K. 2022 California Energy Code

15.08.135 Retrofit Requirements for Residential Fire Sprinkler Systems Existing structures to which additions, alterations, or repairs are made that involve alteration, addition, removal or replacement of 50 percent or greater of the linear length of the walls of the existing building (exterior plus interior, including but not limited to gypsum board, wall board, board and batten, siding, or stucco) within a five-year period shall be provided with an automatic residential fire sprinkler system in accordance with the California Building and Fire Codes. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).

15.08.260 Exemption for Pending Applications.

The provisions of the 2022 Editions of the California Building Code, and Appendices, the 2022 California Historic Building Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Electrical Code, the 2022 California Fire Code, the 2021 International Property Maintenance Code, the 2022 Existing Building Code, and the 2022 California Energy Code, as adopted and amended herein, shall not apply to any building or structure for which application for a building permit was made prior to January 1, 2023. Such buildings or structures shall be erected, constructed, enlarged, altered, or repaired in accordance with the provisions of this chapter in effect at the date of said application.

15.10.010 Adoption.

The 2022 California Residential Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the residential code for the City except as amended in this chapter and in Chapter 15.04 CMC. (Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2017-04 § 1 (Exh. A), 2017; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh.

A), 2010; Ord. 2009-04, 2009; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 9904 (Exh.

B), 1999; Ord. 96-1, 1996; Ord. 89-29 § 1, 1989; Code 1975 § 1121.0).

15.10.030 Amendments to the 2022 California Residential Code.

Section R403.1.3 of the 2022 California Residential Code is hereby amended to read as follows:

1. Table R301.2(1)
Attachment 2

Ordinance No. 2022-004

2. Section R403.1.3:

Footing and stem wall reinforcement in Seismic Design Categories D0, D1 and D2. Concrete footings located in Seismic Design Categories D0, D1, and D2, as established in Table R301.2(1), shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.

15.20.010 Adoption
The 2022 California Mechanical Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the mechanical code for the City, except as amended in this chapter and Chapter 15.04 CMC. (Amended during 4/17 update; Ord. 2014-02 § 1, 2014; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008- 02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1 § 1, 1996; Ord. 92-24, 1992; Ord. 89-29 § 1, 1989; Code 1975 § 1131.0).

15.24.010 Adoption
The 2022 California Plumbing Code, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the plumbing code for the City, except as amended in this chapter and in Chapter 15.04 CMC. (Ord. 2017-04 § 1 (Exh. A), 2017; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008-02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 92-24, 1992; Ord. 89-29 § 1, 1989; Code 1975 § 1141.0).

15.36.010 Adoption
The 2022 California Electrical Code, based on the National Electric Code, as promulgated by the National Fire Protection Association, copies of which are on file with the City Clerk as required by law, is adopted by reference and incorporated into this title as the electrical code for the City, except as amended in this chapter and in Chapter 15.04 CMC. (Amended during 4/17 update; Ord. 2014-02 § 1, 2014; Ord. 2013-07 § 1 (Exh. A), 2013; Ord. 2010-05 § 1 (Exh. A), 2010; Ord. 2008- 02 § 1, 2008; Ord. 2003-03 § 2, 2003; Ord. 99-04 (Exh. B), 1999; Ord. 96-1 § 1, 1996; Ord. 91-1 § 1, 1991; Code 1975 § 1161.0).

Chapter 15.55 California Fire Code
Sections

15.55.010 2022 California Fire Code – Adopted

15.55.020 Fire Code – Effective Date – Copy on File

15.55.030 Definitions

15.55.040 Establishment of Limits in Which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks Is Prohibited.

15.55.050 Establishment of Limits in Which Storage of Liquefied Petroleum Gases is Prohibited.

15.55.060 Establishment of Limits in Which Storage of Explosives and Blasting Agents is Prohibited.

Attachment 2

Ordinance No. 2022-004

15.55.070 Establishment of Limits in Which Storage of Stationary Tanks or Flammable Cryogenic Fluids is Prohibited.

15.55.080 Establishment of Limits in Which Storage of Hazardous Materials is Prohibited.

15.55.090 Fireworks Prohibited.

15.55.100 Amendments to the California Fire Code

15.55.110 Repeal of Conflicting Ordinances

15.55.120 Validity

*Prior legislation: Code 1975§§720.0 – 725.0, 726.0, 726.1, 730.0 – 730.0 (o), Ords. 325 C.S., 77- 2, 79-21, 82-11, 83-25, 85-21, 86-17, 87-11, 89-24, and 95-15.

15.55.010 2022 California Fire Code – Adopted
For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the 2022 California Fire Code, published by the International Code Council, save and except those portions as are deleted, modified, or amended, of which code not less than one copy is now on file in the office of the City Clerk, is adopted and incorporated in the municipal code as if set out at length in this code, and the provisions thereof shall be controlling within the limits of this City. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).

15.55.020 Fire Code – Effective Date – Copy on File
The effective date for the 2022 California Fire Code adopted by CMC 15.55.010 within the City shall be January 1, 2023. The City Clerk shall maintain on file in the official records the edition of the California Fire Code currently in effect at all times. (Ord. 2018-03 § 1 (Exh. A § 4), 2018).

15.55.100 Amendments to the California Fire Code
The 2022 California Fire Code is amended and changed as follows as described in subsections (1) through (37) of this section.

2. Section 101.2.1 is amended to read as follows:
101.2.1 Appendices. Provisions in Appendix Chapter 4 and Appendices B, BB, C, CC, D, H, and I, are hereby adopted in their entirety and shall apply.

6. Section 105.5.0 is added to read as follows:
105.5.0 Agricultural Explosive Devices. An operational permit is required for storage or use of any agricultural explosive device including “bird bombs”.

7. Section 105.6.6 is amended to read as follows:

Attachment 2

Ordinance No. 2022-004
105.6.6 Fire alarm and detection systems and related equipment. A construction permit is required for installation of or modification to fire alarm and detection systems and related systems, including systems installed in Group R-3 occupancies (one- and two-family homes).

Maintenance performed in accordance with this code is not considered a modification and may not require a permit as determined by the fire code official.

8. Section 112.4 is amended to read as follows:
112.4 Violation penalties. Persons who shall violate any provision of this code or shall fail to comply with any of the requirements thereof or shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction, punishable by a fine not more than five hundred dollars ($500.00). Each day that a violation continues after due notice has been served shall be deemed a separate offense.

10.4. Section 304.3.5 is added to read as follows:
304.3.5 Rubbish within Dumpsters. In all rooms or aboveground outside areas, adjacent to a building or underneath roof overhangs or when located nearer than 10 feet to an adjacent property line, containers used for storage of combustible waste materials in other than Group R, Division 3 occupancies shall be protected by automatic sprinkler protection. Such sprinklers may be connected to the domestic water supply, provided sufficient coverage of the area is provided and an approved accessible shutoff valve is provided for each room or area.

Exception: Trash areas adjacent to solid brick or concrete walls with no openings or eaves and a minimum of ten feet (10') separation distance between the dumpster and adjacent property line are not required to be protected by automatic sprinkler system(s).

18. Section 605.3.1 is added to read as follows:
605.3.1 Spark arresters. An approved spark arrester shall be installed on all chimneys, incinerators, smokestacks, solid-fuel burning fire pits, or similar devices where the burning of solid fuel conveys smoke, embers and hot gases to the outer air.

20. Reserved.

21. Section 901.4.6 is amended to read as follows:
901.4.6 Appearance of equipment. Any device that has the physical appearance of life safety or fire protection equipment but that does not perform that life safety or fire protection function Attachment 2

Ordinance No. 2022-004
shall be prohibited. Any non-required fire protection equipment that is no longer in service shall be removed.

22. Reserved.

23. Section 901.6.4 is added to read as follows:
901.6.4 Qualifications of Inspection, Testing and Maintenance Personnel. All personnel performing any inspection, testing or maintenance of any fire protection system shall be qualified. Where such inspection, testing and maintenance is performed by an outside service company, the company shall be appropriately licensed in accordance with the California Business & Professions Code or by the California State Fire Marshal.

26. Section 903.3.1.2 is amended to read as follows:
903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four stories in height shall be permitted to be installed throughout in accordance with NFPA 13R as amended in Chapter 47 of this Code.

903.3.1.2.1 Balconies and decks. Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units were the building is of Type V construction, provided there is a roof or deck above. Sidewall sprinklers that are used to protect such areas shall be permitted to be located such that their deflectors are within 1 inch to 6 inches below the structural members and a maximum distance of fourteen (14) inches below the deck of the exterior balconies and decks that are constructed of open wood joist construction.

903.3.1.2.3 Attics. Where NFPA 13R sprinkler systems are installed, all attic areas shall be provided with sprinkler protection in accordance with NFPA 13.

903.3.1.2.4 Sprinkler control valves. Where NFPA 13R sprinkler systems are installed, sprinkler system control valves shall be installed in accordance with NFPA 13. 903.3.1.2.5 Bathrooms. Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where an electrical receptacle is installed. 903.3.1.2.6 Accessible storage areas.

Automatic sprinklers shall be installed in all accessible storage areas.

903.3.1.2.7 Under-stair spaces. Automatic sprinklers shall be installed in all under-stair spaces including all under-stair closets.

27. Section 903.3.1.3 is amended to read as follows:

Attachment 2

Ordinance No. 2022-004
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems installed in one- and two-family dwellings shall be installed throughout in accordance with NFPA 13D.
903.3.1.3.1 All fire sprinkler systems installed in one- and two-family dwellings shall be tested for leakage by undergoing a hydrostatic test made at 200 psi for a twohour duration. 903.3.1.3.2 Each water system supplying both domestic and fire protection systems shall have a single indicating-type control valve, arranged to shut off both the domestic and sprinkler systems off of a single water meter. A separate shut-off valve for the domestic system only shall be permitted to be installed. The location of the control valve shall be approved by the fire code official.
903.3.1.3.3 Automatic sprinklers shall be installed in all bathrooms, regardless of square footage., where an electrical receptacle is installed.
903.3.1.3.4 Automatic sprinklers shall be installed in all attached garages and structures. 903.3.1.3.5 Automatic sprinklers shall be installed in all accessible storage areas. 903.3.1.3.5.1 Automatic sprinklers shall be installed in all under-stair spaces including all closets.
903.3.1.3.6 Local water flow alarms shall be provided on all sprinkler systems. Local water flow alarms shall be powered from the main kitchen refrigerator circuit. The local water flow alarm shall be clearly audible from within the master bedroom at an audibility level of not less than 75 dBa. Where no kitchen exists in the building, the water flow alarm shall be powered from the bathroom lighting circuit.
903.3.1.3.7 Automatic fire sprinklers shall be installed to protect all furnaces and heating system appliances.

31.6. Section 904.13.6 is added to existing section:
904.13.6 Non-Conforming Restaurant Cooking Appliances and Fire Extinguishing Systems.

All non-conforming restaurant cooking appliances, hood and duct systems, and fire extinguishing systems found to exist as of the effective date of this Ordinance shall be made to conform to the requirements of this Section within 90 days of notification. It shall thereafter be unlawful for any person to maintain or suffer to be maintained any non-conforming restaurant cooking appliance, hood and duct system or fire extinguishing system on any property owned or controlled by said person within the City of Carmel.

33. Section 907.6.6.5 is added to read as follows:

Attachment 2

Ordinance No. 2022-004
907.6.6.5 Zone transmittal. Where required by the fire code official, fire alarm signals shall be transmitted by zone to the supervising station and retransmitted by zone to the public fire service communications center.

34. Section 907.6.6 is amended to read as follows:
907.6.6 Monitoring. Fire alarm systems required by this chapter, by the California Building Code, or installed voluntarily shall be monitored by a UL-listed central station and shall be documented as UL-certificated central station service systems in accordance with NFPA 72- 2010 and this section.

35.4. Section 907.8.4 is amended to read as follows:
907.8.4 Inspection, testing and maintenance. The building owner shall be responsible to maintain the fire and life safety systems in an operable condition at all times. Access shall be provided to each fire alarm system component for periodic inspection, maintenance and testing. Service personnel shall meet the qualification requirements of NFPA 72 for inspection, testing and maintenance of such systems. Records of inspection, testing and maintenance shall be maintained.

37. Section 4907.1.1 is added to read as follows:
4907.1.1 Standard Defensible Space Requirements: Remove combustible vegetation from within a minimum of 100 feet or to the property line from structures, whichever is closer.

Vegetation shall be no taller than four inches (4") high. Limb trees 6 feet up from ground.

Remove limbs within 10 feet of chimneys. Additional or alternate fire protection approved by the fire code official may be required to provide reasonable fire safety. Environmentally sensitive areas may require alternative fire protection, to be determined by the fire code official and other jurisdictional authorities.

15.36.020 Placement of Service Laterals
A. Within all land use zones, all electrical service laterals to any new building or structure, or to any building or structure being remodeled when such remodeling requires the relocation or replacement of the property owner’s main service equipment, shall be placed underground on the premises upon which the building or structure is located, in accordance with applicable rules, regulations and tariffs on file with the California Public Utilities Commission.

Exceptions to undergrounding of utilities for remodeling:

1. Undergrounding of utilities will not be required when a valuation is less than $200,000. The permit applicant shall submit contractor bids and other documentation verifying that the Attachment 2

Ordinance No. 2022-004
valuation is under $200,000 upon request by the Building Official. The valuation of $200,000 shall apply to all construction over a cumulative five-year period prior to and/or after installation of a main electrical service panel.

2. Undergrounding of utilities will not be required when it is determined by the City Forester that the undergrounding operation will damage or destroy significant tree(s); provided, that the property owner posts a bond in an amount equal to the estimated cost of the undergrounding work. The bond shall be maintained until such time that the service lateral is placed underground.

SECTION 3. Effective Date. This Ordinance shall take effect 30 days after its adoption by the City Council of the City of Carmel-by-the-Sea.

INTRODUCED at a Regular City Council Meeting on November 1, 2022.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 4th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:

_________________________ _________________________
Dave Potter Nova Romero, MMC
Mayor City Clerk
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
November 1, 2022

PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

First Reading - Ordinance 2022-005 Amending Section 2.74.010(B) of the Carmelby-the-Sea Municipal Code Related to Board Member Qualifications for the Historic Resources Board
RECOMMENDATION:

1. Request that the City Attorney read the title of Ordinance 2022-005.

2. Motion to waive reading in full, and INTRODUCE Ordinance 2022-005 Amending Section 2.74.010(B) of the Carmel-by-the-Sea Municipal Code Related to Board Member Qualifications for the Historic Resources Board.

BACKGROUND/SUMMARY:

The Historic Resources Board consists of five members appointed by Council, with powers and duties to administer the City’s historic preservation program. At the October 4, 2022, Regular Meeting, City Council discussed options to amend the qualifications for members of the Historic Resources Board (HRB) in order to expand the pool of applicants and fill vacancies. The HRB has one (1) unfilled vacancy that has been challenging to fill based on the current City Code's requirements for applicants.

Council has directed staff to draft an Ordinance to amend City Code Chapter 2.74.010(B), to state that in the event that no resident with the requisite expertise can be found, the City shall allow up to two members of the HRB to reside outside of Carmel-by-the-Sea City limits, so long as they reside within Monterey County, and meet all other qualifications for HRB as stated in the municipal code. All HRB applicants must follow the usual protocols for submitting an application, interviewing with the ad hoc committee, and must demonstrate relevant knowledge or experience in a field related to historic preservation such as:
architectural history, architecture, archaeology, anthropology, paleontology, architecture, historic architecture, local history, construction, planning, geography, landscape architecture, urban design, ethnography, fine arts, or real estate. A majority of the board (3 or more members) must at all times be residents of Carmel-by-theSea, and up to two (2) members may reside outside of City Limits within Monterey County.

Staff recommends that Council waive full reading, read by title only, and introduce Ordinance 2022-005, Amending Section 2.74.010(B) of the Carmel-by-the-Sea Municipal Code Related to Board Member Qualifications for the Historic Resources Board.

FISCAL IMPACT:

No direct fiscal impact for this item.

PRIOR CITY COUNCIL ACTION:

On June 1, 2021, Council adopted Ordinance 2021-001, Amending Sections 2.28.030, 2.28.060,

2.32.030, 2.36.030, 2.72.030, and 2.74.010 of the Carmel-by-the-Sea Municipal Code related to timing of Board and Commission appointments and updating the Community Activities Commission mission statement.

ATTACHMENTS:

Attachment 1) Redline Version - Draft Ordinance 2022-005 Attachment 2) Clean Version - Draft Ordinance 2022-005

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
ORDINANCE NO. 2022-005

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING SECTION 2.74.010(B) OF THE CARMEL-BY-THE-SEA MUNICIPAL CODE

RELATED TO BOARD MEMBER QUALIFICATIONS FOR THE HISTORIC RESOURCES BOARD
WHEREAS, to expand the pool of qualified candidates for the Carmel-by-the-Sea Historic Resources Board, the City Council has determined it necessary to amend provisions of the municipal code regarding the qualifications for members, in order to fill vacancies that arise in a timely manner.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE SEA DOES ORDAIN AS FOLLOWS:

SECTION 1. Amendment of Section 2.74.010(B) of Title 2, Chapter 2.74 of the Carmelby-the-Sea Municipal Code is amended to read in its entirety as follows:

B. Board Member Qualifications.

1. Members of the Board shall have demonstrated interest in and knowledge of architectural history, architecture, archaeology, anthropology, paleontology, architecture, historic architecture, local history or fields related to historic preservation such as construction, planning, geography, landscape architecture, urban design, ethnography, fine arts, or real estate.

2. The Board shall be comprised of three professional members, consisting of one member each, from the following combined fields: (1) history, architectural history, or urban design, (2) architecture or historic architecture, and (3) archaeology, anthropology, or paleontology.

The remaining two public members may represent any of the related historic preservation fields noted above, or demonstrates an interest in historic preservation

3. All members shall be residents and electors of the City, except in the event that no resident with the requisite expertise needed for a professional member can be found. In such case one up to two (2) professional member appointees may reside outside the City limits but within Monterey County, so long as the appointee meets all other requirements in sections 1 and 2, above. In any event, at least three (3) Board Members shall at all times be composed of resident-electors of the City and no more than 2 members may be residents of Monterey County.

4. If professional members with the required expertise cannot be found, the City Council may substitute one or more additional public members with a demonstrated interest in historic preservation.

SECTION 2. Environmental Review. The City Council exercises its independent judgment and finds that the proposed ordinance is not subject to California Environmental Quality Act (CEQA), pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect Attachment 1
physical change in the environment), and section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the subject regulations have no potential for resulting in any significant physical change to the environment, either directly or indirectly.

SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.

INTRODUCED, at a Regular City Council Meeting on November 1, 2022.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL BY-THE-SEA this ___ day of ______________, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
________________________________ _____________________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 1

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
ORDINANCE NO. 2022-005

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING SECTION 2.74.010(B) OF THE CARMEL-BY-THE-SEA MUNICIPAL CODE

RELATED TO BOARD MEMBER QUALIFICATIONS FOR THE HISTORIC RESOURCES BOARD
WHEREAS, to expand the pool of qualified candidates for the Carmel-by-the-Sea Historic Resources Board, the City Council has determined it necessary to amend provisions of the municipal code regarding the qualifications for members, in order to fill vacancies that arise in a timely manner.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE SEA DOES ORDAIN AS FOLLOWS:

SECTION 1. Amendment of Section 2.74.010(B) of Title 2, Chapter 2.74 of the Carmelby-the-Sea Municipal Code is amended to read in its entirety as follows:

B. Board Member Qualifications.

1. Members of the Board shall have demonstrated interest in and knowledge of architectural history, architecture, archaeology, anthropology, paleontology, architecture, historic architecture, local history or fields related to historic preservation such as construction, planning, geography, landscape architecture, urban design, ethnography, fine arts, or real estate.

2. The Board shall be comprised of three professional members, consisting of one member each, from the following combined fields: (1) history, architectural history, or urban design, (2) architecture or historic architecture, and (3) archaeology, anthropology, or paleontology.

The remaining two public members may represent any of the related historic preservation fields noted above, or demonstrate an interest in historic preservation.

3. All members shall be residents and electors of the City, except in the event that no resident with the requisite expertise needed for a professional member can be found. In such case up to two (2) professional member appointees may reside outside the City limits but within Monterey County, so long as the appointee meets all other requirements in sections 1 and 2, above. In any event, at least three (3) Board Members shall at all times be composed of resident-electors of the City and no more than 2 members may be residents of Monterey County.

SECTION 2. Environmental Review. The City Council exercises its independent judgment and finds that the proposed ordinance is not subject to California Environmental Quality Act (CEQA), pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), and section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the subject regulations have no potential for resulting in any significant physical change to the environment, either directly or indirectly.

Attachment 2
SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 4. Publication. The City Clerk is directed to certify this ordinance and cause it to be published in the manner required by law.

INTRODUCED, at a Regular City Council Meeting on November 1, 2022.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL BY-THE-SEA this 1 st day of November, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED: ATTEST:
________________________________ _____________________________________ Dave Potter, Mayor Nova Romero, MMC, City Clerk
Attachment 2

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL
Staff Report
November 1, 2022

PUBLIC HEARINGS
TO: Honorable Mayor and City Council Members
SUBMITTED BY: Nova Romero, City Clerk
APPROVED BY: Chip Rerig, City Administrator
SUBJECT:

Introduction and Adoption of Urgency Ordinance 2022-006 - Urgency Ordinance of the City Council of the City of Carmel-by-the-Sea Adopting Rules of Conduct for Attending Meetings of Legislative Bodies at City Facilities RECOMMENDATION:

1. Request that the City Attorney read the the title of Urgency Ordinance.

2. Motion to waive further reading and ADOPT Urgency Ordinance 2022-006 Adopting Rules of Conduct for Attending Meetings of Legislative Bodies at City Facilities.

BACKGROUND/SUMMARY:

The City of Carmel-by-the-Sea (“City”) is authorized by Article XI, Section 7 of the California Constitution to make and enforce all regulations and ordinances using its police powers.

The California Emergency Services Act (California Government Code Section 8550, et. seq.) defines a local emergency as "the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a city, caused by conditions such as an epidemic, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of a city, and require the combined forces of other political subdivisions to combat".

Section 2.64.020 of the City Municipal Code defines “emergency” as the "actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat".

Government Code section 37359 allows cities to “limit the access or use [of city-owned property] in area or time or in any reasonable manner deemed necessary” and enforce such limitations through trespass law.

In December 2019, reports began spreading worldwide about a flu-like virus first found in China that was significantly more deadly than the flu generally, with the virus becoming known as the Coronavirus (“COVID19”).

The federal Centers for Disease Control and Prevention (“CDC”) has confirmed thousands of cases of individuals who have severe respiratory illness caused by COVID-19, as well as deaths caused by this illness.

On or about March 4, 2020, as part of the State of California’s response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19.

On March 6, 2020, the County Administrative Officer of Monterey County proclaimed a Local Emergency due to the threat of COVID-19 in the County.

On March 11, 2020, the World Health Organization (“WHO”) classified the spread of COVID-19 internationally as a global pandemic.

On March 12, 2020, the City Administrator of the City of Carmel-by-the-Sea, acting in his capacity as the Director of Emergency Services for the City, declared the existence of a local emergency within the City due to COVID-19.

On March 13, 2020, the City Council adopted Resolution 2020-021 ratifying the City Administrator’s Proclamation of the Existence of a Local On March 13, 2020, the City Council adopted Resolution 2020- 021 ratifying the City Administrator’s Proclamation of the Existence of a Local Emergency Due to the Worldwide Spread of the Coronavirus (“COVID-19”).

In the absence of actions to mitigate the spread of COVID-19, County wide health services may become overwhelmed and unable to keep up with medical demand for care and availability of hospital or care facility capacity.

In order to mitigate the spread of COVID-19, it is necessary for the immediate preservation of the public peace, health and safety to adopt rules of conduct at City facilities.

On February 28, 2022, the City Council adopted Urgency Ordinance No. 2022-001 adopting rules of conduct at City Facilities. During that meeting, City Administrator Chip Rerig advised the Council that the Urgency Ordinance would be applied only for meetings of Legislative Bodies and the proposed First Amendment to the Urgency Ordinance includes such provisions.

On April 4, 2022, the City Council adopted Urgency Ordinance No. 2022-002, amending the rules of conduct at City Facilities (Attachment 1).

Since the adoption of Urgency Ordinance 2022-002, the Monterey County Health Department has deferred guidance on masking in Monterey County to the California Department of Public Health. The newest guidance from the California Department of Public Health (CDPH) went into effect on September 23, 2022, shifting from a “strong recommendation” for the general population to mask in all indoor settings at all times, to using the CDC Community Levels to help inform masking recommendations. The CDC Community Levels for every County are updated weekly on Thursday and posted online:
https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.html. The levels are determined by hospital based metric data (COVID-19 hospital admissions, % inpatient beds occupied with COVID-19, new cases per 100,000 population), and are intended to “provide a broad framework for jurisdictions to use and adapt...based on local needs” and are summarized as follows:

Low – recommendations focus on best practices for prevention and control, vaccinations Medium – strengthens emphasis on protecting people are immunocompromised, enhanced prevention measures for high-risk settings
High – focus on wearing masks indoors in public and providing added protection to populations at high risk
On October 3, 2022, the CDC Community level for Monterey County was “Low”. The CDPH guidelines when the level is low are:
• Stay up to date with COVID-19 vaccines
• Get tested if you have symptoms
• People may choose to mask at any time
• People with symptoms/positive test/exposure should wear a mask On October 4, 2022, City Council gave direction to staff to return with another Urgency Ordinance to repeal and replace Ordinance 2022-002, with updated rules of conduct for attending meetings of legislative bodies at City facilities to keep our community and members of the public safe and using the guidance from the California Department of Public Health as a broad framework. The new proposed rules of conduct for attending meetings of legislative bodies at City facilities outlined in Urgency Ordinance 2022-006 (attachment 2) are as follows:

Rules of Conduct for Attending Meetings of Legislative Bodies at City Facilities.

It is hereby ordered and ordained that the following rules of conduct shall apply to attendance at meetings of Legislative Bodies at City facilities, as defined herein:

7.1 City Facility. For purposes of this Urgency Ordinance, the term “City Facility” or “City Facilities” means City Hall and any other property owned by the City where there is a meeting held of a Legislative Body.

7.2 Legislative Body. For purposes of this Urgency Ordinance, the term “Legislative Body” means the City Council, Planning Commission, Forest and Beach Commission, Historic Resources Board, Harrison Memorial Library Board of Trustees, Community Activities Commission and the Building Code Board of Appeals.

7.3 Face Covering. No person shall be permitted to enter or remain in City Facility at a meeting of a Legislative Body unless that person wears a face covering which covers both the mouth and nose at all times when the CDC Community Level for the County Monterey is medium or high as of the date of posting the agenda for the meeting of the Legislative Body. The agenda will state the CDC Community Level and whether a face covering will be required for attendance at that meeting of the Legislative Body. Upon request, the City will provide anyone seeking to enter City Facility to attend a meeting of a Legislative Body with a face covering if they do not have one.

7.4 If anyone is unable or unwilling to comply with the requirements of this Section 7, they may attend the meeting remotely in the manner described in the Agenda posted for the meeting.

Based upon the foregoing, the recommendation is for the City Council to find pursuant to Government Code Section 36937 (b) that adoption of Urgency Ordinance No. 2022-006 is necessary for the immediate preservation of the public peace, health and safety, and for the City Council to adopt this Urgency Ordinance which requires a 4/5 vote of the City Council.

FISCAL IMPACT:

No direct fiscal impact for this action.

PRIOR CITY COUNCIL ACTION:

On March 13, 2020, the City Council adopted Resolution 2020-021 ratifying the City Administrator’s Proclamation of the Existence of a Local Emergency Due to the Worldwide Spread of the Coronavirus (“COVID-19”).

On February 28, 2022, the City Council adopted Urgency Ordinance No. 2022-001 adopting rules of conduct at City Facilities. During that meeting, City Administrator Chip Rerig advised the Council that the Urgency Ordinance would be applied only for meetings of Legislative Bodies and the proposed First Amendment to the Urgency Ordinance includes such provisions.

On April 4, 2022, the City Council adopted Urgency Ordinance No. 2022-002, amending the rules of conduct at City Facilities.

ATTACHMENTS:

Attachment 1) Urgency Ordinance No. 2022-002 (currently in effect) Attachment 2) CDPH Masking Guidelines Effective 9-23-22 Attachment 3) Urgency Ordinance No. 2022-006
CITY OF CARMEL.BY-THE-SEA

CITY COUNCIL
URGENCY ORDINANCE NO. 2022-OO2
FIRST AMENDMENT TO URGENCY ORDINANCE NO. 2022.001 OF THE CITY COUNCIL OF THE CITY OF CARMEL.BY.THE-SEA ADOPTING RULES OF

CONDUCT FOR ATTENDING MEETINGS OF LEGISLATIVE BODIES AT CITY

FACILITIES
WHEREAS, the City of Carmel-by-the-Sea ("City") is authorized by Article Xl, Section 7 of the California Constitution to make and enforce all regulations and ordinances using its police powers; and
WHEREAS, the California Emergency Services Act (California Government Code Section 8550, et. seq.) defines a local emergency as the existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a city, caused by conditions such as an epidemic, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of a city, and require the combined forces of other political subdivisions to combat (Emphasis Added); and WHEREAS, Section 2.64.020 of the City Municipal Code defines "emergency" as the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat (Emphasis Added); and
WHEREAS, Government Code section 37359 allows cities to "limit the access or use [of city-owned property] in area or time or in any reasonable manner deemed necessary" and enforce such limitations through trespass law; and WHEREAS, in December 2019, reports began spreading worldwide about a flulike virus first found in China that was significantly more deadly than the flu generally, with the virus becoming known as the Coronavirus ("COVID-19"); and WHEREAS, the federal Centers for Disease Control and Prevention ("CDC") has confirmed thousands of cases of individuals who have severe respiratory illness caused by COVID-I9, as well as deaths caused by this illness; and WHEREAS, on or about March 4, 2020, as part of the State of California's response to address the global COVID-19 outbreak, Governor Gavin Newsom declared a State of Emergency to make additional resources available, formalize emergency Attachment 1
Ordinance 2022-002

actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 6, 2020, the County Administrative Officer of Monterey County proclaimed a Local Emergency due to the threat of COVID-19 in the County; and WHEREAS, on March 11 ,2020, the World Health Organization ("WHO") classified the spread of COVID-19 internationally as a global pandemic; and WHEREAS, on March 12, 2020, the City Administrator of the City of Carmel-bythe-Sea, acting in his capacity as the Director of Emergency Services for the City, declared the existence of a local emergency within the City due to COVID-19; and WHEREAS, on March 13,2020, the City Council adopted Resolution 2020-021 ratifying the City Administrator's Proclamation of the Existence of a Local Emergency Due to the Worldwide Spread of the Coronavirus ("COVID-19"); and WHEREAS, the COVID-19 pandemic, including its variants, continues to present an immediate and significant risk to public health and safety, and resulting in serious illness or death to vulnerable populations, especially the elderly and those with underlying health conditions; and
WHEREAS, City Municipal Code Section 1.16.0'10 provides that every person convicted of a violation of any provision of the Municipal Code may be punished as a misdemeanor with a fine not exceeding $1000 and/or imprisonment for a term not exceeding six month or punished as an infraction with a fine up to $100.00 for each violation, $200.00 for second violation within one year and $500.00 for a third and any subsequent violation within one year; and
WHEREAS, in the absence of actions to mitigate the spread of COVI D-1 9, County wide health services may become overwhelmed and unable to keep up with medical demand for care and availability of hospital or care facility capacity; and WHEREAS, in order to mitigate the spread of COVID-I9, it is necessary for the immediate preservation of the public peace, health and safety to adopt rules of conduct at City facilities; and
WHEREAS, the City desires to further combat COVID-19 by establishing safe protocols for conduct within city-owned facilities, including requiring persons to provide proof of vaccination and wear a mask at all times covering the mouth and nose, before entry or remaining within city-owned facilities; and
WHEREAS, the City further desires to identify certain city-owned facilities as limited public forums opened to the public for the limited purpose of conducting city business, that this policy for conduct is intended to prevent disruptive conduct that prevents the efficient processing of city business by establishing reasonable time, place, Attachment 1
Ordinance 2O22-0O2

and manner requirements for persons wishing to enter or use such city-owned facilities, and that this policy is not intended to limit rights protected by the First Amendment; and WHEREAS, based upon the foregoing, the City Council finds pursuant to Government Code Section 36937 (b) that this First Amendment to Urgency Ordinance is necessary for the immediate preservation of the public peace, health and safety; and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City staff, and any information provided during public meetings; and WHEREAS, the City Council adopted Urgency Ordinance 2022-001 on February 28,2022 with Rules of Conduct at City Facilities; and
WHEREAS, this First Amendment to Urgency Ordinance No. 2022-001 amends Section of 7 of said Urgency Ordinance and sets forth the Rules of Conduct For Attending Meetings of Legislative Bodies at City Facilities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL- BY-THESEA DOES ORDAIN AS FOLLOWS:

Section 2: Codification. This Ordinance shall not be codified in the Carmel-bythe-Sea Municipal Code.

Section3: CEQA,/Environmental Findings. The City Council exercises its independent judgment and finds that this First Amendment to Urgency Ordinance is not subject to the California Environmental Quality Act (CEOA) pursuant to the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections: 15060(cX2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(cX3) (the activity is not a project as defined in Section '15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

The proposed First Amendment to Urgency Ordinance maintains the status quo and prevents changes in the environment pending the completion of the contemplated municipal code review. Because there is no possibility that this First Amendment to Urgency Ordinance may have a significant adverse effect on the environment, the adoption of this First Amendment to Urgency Ordinance is exempt from CEQA.

Section 4. Authority Pursuant to Applicable Law. Pursuant to California Government Code Section 8610, the City, while in a state of emergency proclaimed by the Director of Emergency Services and ratified by the City Council, may establish rules Section 1 : lncorporation of Findings. The City Council of the City of Carmel- bythe-Sea incorporates the Whereas Clauses above by reference as though fully set forth here.

Attachment 1
Ordinance 2022-002