Greenfield City Council
November 15, 2022

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 November 30, 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/grants-funding/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
166
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
Amended October 18, 2022
167
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............................................................................................................................20 168
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2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
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.
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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 November 30,
2022
Award Announcement Ongoing through February 2023
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2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
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 171
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2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
8 Applicants must be used to carry out one or more of the eligible activities listed below. All services must 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 172
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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 173
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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.
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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 at the time of award. Awards will be made through February 2023. If a jurisdiction submits an application prior to the November 30th application closing deadline but fails to demonstrate that their housing element is in compliance by February 28, 2023, will not be eligible and any 2019 funds will revert to the Housing Rehabilitation Loan Fund per statute. 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.
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2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
12 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.

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 176
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13 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.

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 at the time of award. Awards will be made through February 2023. Awards will be made through February 2023. If a jurisdiction submits an application prior to the November 30th application closing deadline but fails to demonstrate that their housing element is in compliance by February 28, 2023, will not be eligible and any 2019 funds will revert to the Housing Rehabilitation Loan Fund per statute. 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).
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14 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 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 178
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15 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).

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 ProjectThe 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 179
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16 Standard Time on October 31, 2022 November 30, 2022. Please note that the on-line support and technical assistance closes at 4:00 p.m. Pacific Standard Time on October 31, 2022 November 30, 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 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 180
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17 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.

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 181
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2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
18 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 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
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19 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.
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20 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
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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
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 $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
Huntington $651,678 $1,012,910 $1,114,676 Gustine $73,575 $118,021 $150,920 185
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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
Park
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 $430,361 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 National City $672,542 Mendocino $578,903
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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
County
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 Redwood $594,763 San Juan $75,999 $114,549 $122,280
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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
City Bautista
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
Santa $974,603 Tuolumne $242,182 $368,367 $476,771
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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
Barbara
County
County
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
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26 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
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27 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
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28 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
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29 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
193
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
30 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
194
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
31 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
195
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
32 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
196
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
33 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 time of award. Awards will be made through February 2023. 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 November 30. 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]. 197
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
34 Appendix E
Jurisdictions at Risk of Losing Their 2019 Allocations
Entitlement Local Government Non-Entitlement Local Government Local Gov Funding Amount 2019 Local Gov Funding Amount 2019 Aliso Viejo $119,177 Alpine County $68,065
Carlsbad $272,582 Alturas $79,305
Cerritos $109,213 Amador City $65,861
Chico $390,348 Amador County $134,185
Chino $249,365 American Canyon $117,435
Compton $769,720 Anderson $103,770
El Cajon $645,382 Angels $81,289
El Centro $245,998 Arcata $176,062
Elk Grove $439,787 Artesia $135,728
Encinitas $156,044 Atwater $158,209
Escondido $842,911 Auburn $119,859
Gardena $329,877 Avenal $104,652
Glendale $867,025 Benicia $141,459
Glendora City $130,258 Biggs $70,710
Hesperia $505,777 Bishop $83,713
Huntington Park $651,678 Blue Lake $68,285
Inglewood $735,776 Brawley $151,156
Lake Forest $221,070 Butte County $333,428
Lakewood $270,847 Calexico $203,832
Lompoc $227,027 Calimesa $88,783
Madera $422,319 Calipatria $77,101
Milpitas City $238,595 Calistoga $85,256
Montebello $316,758 Capitola $105,092
Monterey Park $318,871 Carmel-by-the-Sea $81,950
Mountain View $256,551 Clearlake $145,867
Norwalk $592,762 Colfax $72,032
Palo Alto $231,496 Colusa $85,917
Paradise $93,596 Colusa County $83,493
Paramount City $438,197 Corcoran $113,908
Pico Rivera $338,973 Corning $92,529
Pleasanton City $151,089 Crescent City $80,848
Rancho Cordova City $285,366 Del Norte County $140,797
Rancho Cucamonga $450,476 Dixon $115,451
Redondo Beach $130,830 Dorris $66,522
Rialto $597,786 Dos Palos $82,832
Rosemead $343,238 Dunsmuir $72,032
San Marcos City $319,178 El Centro (Colonia Only) $216,175 Santa Clarita $588,259 Etna $67,183
Santee $134,374 Ferndale $71,150
198
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
35 Entitlement Local Government Non-Entitlement Local Government Local Gov Funding Amount 2019 Local Gov Funding Amount 2019 Seaside $193,124 Firebaugh $95,395
Sunnyvale $533,023 Fort Bragg $106,856
Turlock $309,854 Fort Jones $69,167
Vacaville $240,500 Fortuna $108,619
Watsonville $362,515 Fowler $81,069
West Covina $388,763 Greenfield $139,916
West Sacramento $236,679 Gridley $92,529
Guadalupe $101,125
Gustine $73,575
Hidden Hills $71,371
Hollister $180,249
Holtville $82,611
Imperial $91,427
Imperial County $173,858
Indian Wells $88,783
Industry $65,596
Inyo County $103,770
Ione $75,338
Jackson $87,460
Kings County $163,499
Lake County $241,741
Lakeport $79,305
Lassen County $102,007
Lemoore $145,205
Lincoln $203,171
Live Oak $89,664
Livingston $108,839
Loomis $81,730
Los Banos $188,184
Loyalton $67,624
Mammoth Lakes $81,730
Maricopa $66,742
Marina $157,548
McFarland $112,806
Modoc County $76,440
Mono County $77,101
Montague $68,726
Mount Shasta $89,885
Orange Cove $101,345
Palos Verdes Estates $96,717
Pismo Beach $99,582
Placerville $110,823
199
Department of Housing and Community Development
2022 PLHA Entitlement and Non-Entitlement Local Government Formula Allocation NOFA (Amended October 18, 2022)
36 Entitlement Local Government Non-Entitlement Local Government Local Gov Funding Amount 2019 Local Gov Funding Amount 2019 Plymouth $67,404
Point Arena $67,404
Portola $75,338
Rancho Mirage $172,094
Red Bluff $124,047
Rio Dell $79,085
Rio Vista $96,276
San Benito County $121,182
San Joaquin $78,644
San Juan Bautista $75,999
San Juan Capistrano $236,452
Sand City $67,139
Scotts Valley $103,770
Soledad $120,961
Sonora $91,427
St. Helena $89,003
Suisun City $154,683
Susanville $93,191
Sutter Creek $78,644
Taft $90,546
Tehama $65,596
Tehama County $186,685
Trinidad $66,081
Trinity County $121,622
Tulelake $68,506
Tuolumne County $242,182
Ukiah $129,777
Vernon $65,376
Wasco $135,508
Weed $76,661
Westmorland $72,693
Wheatland $72,032
Williams $80,848
Willits $92,309
Yountville $81,069
Yreka $102,007
200
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
201
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. 202
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. 203
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
204
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 205
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. 206
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. 207
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.
208
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:
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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.
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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;
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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 212
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 213
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.
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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 215
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).
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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).
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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 218
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.
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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
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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 221
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).
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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.
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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, 224
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). 225
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). 226
1 DATE: November 9, 2022
AGENDA DATE: November 15, 2022
TO: Mayor and City Council
PREPARED BY: Jim Langborg, Fire Chief
TITLE: CONSIDERATION TO APPROVE A SUPPLEMENTAL

APPRIOPIATION TO FUND THE INSTALLATION OF

ELECTRIC GENERATORS TO POWER CRITICAL

INFRASTRUCTURE IN THE CITY OF GREENFIELD

BACKGROUND AND ANALYSIS
Approximately one year ago, City Council approved a supplemental appropriation of $14,695.00 to fund a scoping report that would be used to determine the budgetary needs to provide electrical generators to critical infrastructure in the City of Greenfield.

Due to the length of project and the time frame in which the invoice was received, staff was unable to process the invoice during the last fiscal year.

The objective of the scoping report was twofold. First, the report would be used by staff to provide accurate budgetary request information to Council when making future funding requests to ensure critical infrastructure is supplied with generator power during emergencies. Secondly, the report was used to supplement required information for a Cal OES/FEMA grant to fund an emergency generator grant which the City has applied for in the amount of $1,225,744.00.

If approved, the grant would fund the installation and required retrofitting needed to ensure generator power is supplied to the following areas:

Tyler Lift Station
Nino Lift Station
Cypress Lift Station
Reed Lift Station
Ositos Lift Station
Vineyard Lift Station
City Council Memorandum 599 El Camino Real Greenfield CA 93937 831-674-5591 www.ci.greenfield.ca.us
227
2 Greenfield Sewer Plant
Greenfield Recreation Center
Greenfield Civic Center
Public Works Building and Booster Pump
Oak Avenue Booster Pump
Greenfield Fire Station
The grant is currently in the approval process. However, staff has not been given an anticipated notification date. If approved during FY 2022/2023, an additional $1,225,744.00 will need to be appropriated into the budget so that staff can begin taking action to have generators and/or other needed equipment installed.

FINANCIAL AND BUDGET IMPACT
• Aurum Consulting Engineers Invoice of $14,695.00 (Previously approved in the FY 2021/2022 Budget).
• Generator Installation and Existing Infrastructure Modification $1,225,744.00 (Funded by Cal OES/FEMA).

RECOMMENDATION
Approve the supplemental appropriation of $14,695.00 to pay Aurum Consulting Engineers for the scoping report.

Pending the approval of the Cal OES/FEMA grant, approve the supplemental appropriation of $1,225,744.00 to fund the installation of emergency generators.

PROPOSED MOTIONS
A MOTION TO ADOPT RESOLUTION #2022-117, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF GREENFIELD APPROVING THE SUPPLEMENTAL APPROPRIATION TO THE FY 2022/2023 BUDGET FOR $14,695.00 TO PAY AURUM CONSULTING ENGINEERS FOR THE SCOPING REPORT.

A MOTION TO ADOPT RESOLUTION #2022-118, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF GREENFIELD APPROVING THE SUPPLEMENTAL APPROPRIATION TO THE FY 2022/2023 BUDGET FOR $1,225,744.00 TO FUND

THE INSTALLATION OF EMERGENCY GENERATORS (IF THE CAL OES/FEMA GRANT IS APPROVED).
228
RESOLUTION NO. 2022-117

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD APPROVING THE SUPPLEMENTAL APPROPRIATION TO THE FY 2022/2023 BUDGET FOR $14,695.00 TO PAY AURUM CONSULTING ENGINEERS FOR THE

SCOPING REPORT
WHEREAS, the City of Greenfield hired Aurum Consulting Engineers to provide an emergency generator scoping during the 2021/2022 fiscal year; and WHEREAS, the length of time to complete the work and receive the report, payment could not be made during the 2021/2022 fiscal year; and WHEREAS, the scoping report provided specific information need to determine the budgetary needs to provide emergency generators to critical city infrastructure; and NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Greenfield hereby supplementally appropriates funds in the Fiscal Year 2022-2023 Budget in the amount of $14,695.00 to fund the payment of emergency generator scoping report.

PASSED AND ADOPTED by the City Council of the City of Greenfield, at a special meeting of the City Council held on the 15th day of November, 2022 by the following vote:

AYES, and all in favor, therefore, Councilmembers:

NOES, Councilmembers:

ABSTAIN, Councilmembers:

ABSENT, Councilmembers:
_________________________________
Lance Walker, Mayor
Attest:
______________________________
Ann F. Rathbun, City Clerk
229
RESOLUTION NO. 2022-118

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD APPROVING THE SUPPLEMENTAL APPROPRIATION TO THE FY 2022/2023 BUDGET FOR $1,225,744.00 TO FUND THE INSTALLATION OF EMERGENCY

GENERATORS (IF THE CAL OES/FEMA GRANT IS APPROVED)
WHEREAS, the City of Greenfield has applied for a Cal OES/FEMA grant to fund the installation of emergency generators to power critical city infrastructure during emergencies in the amount of $1,225,744.00; and
WHEREAS, if the grant is awarded during fiscal year 2022/2023, staff wishes to begin working on this important project immediately: and WHEREAS, any action taken by staff will be contingent on the approval of the grant; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Greenfield hereby supplementally appropriates funds in the Fiscal Year 2022-2023 Budget in the amount of $1,225,744.00 to fund the installation of emergency generators for critical infrastructure after approval of the Cal OES/FEMA emergency generator grant.

PASSED AND ADOPTED by the City Council of the City of Greenfield, at a special meeting of the City Council held on the 15th day of November 2022 by the following vote:

AYES, and all in favor, therefore, Councilmembers:

NOES, Councilmembers:

ABSTAIN, Councilmembers:

ABSENT, Councilmembers:
_________________________________
Lance Walker, Mayor
Attest:
______________________________
Ann F. Rathbun, City Clerk
230