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HomeMy WebLinkAboutItem 6e. Authorize application for Prohousing Incentive Funds Item 6e Department: Community Development Cost Center: 4008 For Agenda of: 2/18/2025 Placement: Consent Estimated Time: N/A FROM: Timmi Tway, Community Development Director Prepared By: David Amini, Housing Coordinator SUBJECT: AUTHORIZE APPLICATION FOR PROHOUSING INCENTIVE FUNDS RECOMMENDATION Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing application to and participation in the state Prohousing Incentive Program,” authorizing the City Manager, or Community Development Director as designee, to: 1. Submit a Prohousing Incentive Program Application to the California Department of Housing and Community Development; and 2. If the application is approved by HCD, execute all documents necessary or appropriate to participate in the Prohousing Incentive Program. POLICY CONTEXT The 2023-2025 Financial Plan Major City Goal for Housing and Homelessness is to: Support the expansion of housing options for all, and continue to facilitate the production of housing, including the necessary supporting infrastructure, with an emphasis on affordable and workforce housing as well as accessibly connected development. Collaborate with local non-profit partners, nongovernmental agencies, the county, the state, and federal governments to advocate for increased funding and implementation of comprehensive and effective strategies to prevent and reduce homelessness. The California Department of Housing and Community Development Prohousing Incentive Program (PIP) provides funding to facilitate below-market-rate housing in advancement of this goal. The PIP is also consistent with the City’s policies established in the City’s General Plan Housing Element, including: Program 6.17. Financially assist in the development of 20 housing units per year that are affordable to extremely low, very-low, low- and moderate income households during the planning period using State, Federal, and local funding sources, with funding priority given to projects that result in the maximum housing benefits for the lowest household income levels. Page 79 of 494 Item 6e Program 8.20. Actively seek and collaborate with non-profit housing providers to jointly) apply for two revenue sources each year during the planning period for State, Federal, and local funding sources to financially assist with the development of housing for persons with developmental disabilities. DISCUSSION Background The California Prohousing Designation Program (PDP) was established in accordance with Assembly Bill 101 and is administered by the California Department of Housing and Community Development (HCD). The PDP creates incentives for jurisdictions that are compliant with housing laws, housing element requirements, and have enacted Prohousing local policies that go beyond existing law. On February 1, 2024, the City was designated a Prohousing Jurisdiction under the Prohousing Designation Program by HCD. This designation allows a competitive advantage for critical affordable housing and infrastructure grant programs. It also provides eligibility for California’s Prohousing Incentive Program (PIP) for use towards planning and implementation activities related to housing and community development. The Program is funded through Chapter 364, Statutes of 2017, S enate Bill 2 which established the Building Homes and Jobs Trust Fund. The Fund utilizes real estate transaction fees collected at a county level in all counties at the time of recording documents for every real estate instrument to establish a permanent s ource of funding. Five percent of annual collections are deposited in a fund to be used for an incentive program. On August 1, 2024, the City was awarded $750,000 in funds from Round 2 of the PIP, which will go towards supporting the development and construction of several affordable housing communities in the City. These include developments by People’s Self -Help Housing, Housing Authority of San Luis Obispo, Transitions Mental Health Association, and Smart Share Housing Solutions. The PIP funds are awarded on a reimbursement basis. On December 20, 2024, the City and HCD executed the Standard Agreement for the Round 2 PIP funds. Staff are working with the above developers to collect eligible costs for reimbursement by HCD. The PIP awards funding based on the Eligible Applicant’s Prohousing Designation Program Score1 and according to geographic area. Cities that have already received PIP funds are eligible to apply in subsequent funding rounds for additional funds. Cities are not required to have spent their initial funding awards in order to be eligible to apply for and receive subsequent awards of funding. 1 As codified in the California Code of Regulations Title 25 Housing and Community Development, Division 1, Chapter 6, Subchapter 6.6, Sections 6600 through 6608, Consecutive Prohousing Designation Program). Page 80 of 494 Item 6e A Notice of Funding Availability (NOFA) Round 3 – Prohousing Incentive Program was issued by HCD on August 15, 2024. Staff is seeking City Council authorization at this time, though the application was submitted prior to the NOFA Round 3 deadline of December 31, 2024. HCD has issued an extension to February 28, 2025, to submit an authorizing resolution. Staff has determined that the application requires a new City Council authorizing resolution in addition to the Prohousing Designation, and the PIP application will be withdrawn if not authorized by City Council2. Eligible uses for PIP funds include a variety of activities, such as the predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live -work, and rental housing that is affordable to extremely low-, very low-, low-, and moderate-income households3. The City is eligible to receive the base award of $250,000 plus the bonus award of $500,000 for cities with a Prohousing Designation Application Score of over 50, bringing the total potential award amount to $750,000. Should funding be awarded, it is recommended that the funds be deposited into the City’s Affordable Housing Fund to use for 1) financial assistance towards 100 percent affordable housing projects that are “shovel ready” as determined by staff , and 2) down payment assistance to eligible prospective homeowners of deed-restricted affordable housing units. Proposed use #1 (financial assistance towards 100 percent affordable housing projects) is the same use as what the City was awarded PIP funds for previously. This allows the City to directly assist affordable housing projects in the City that are in need of gap financing or encounter unexpected financial challenges during plannin g and development, as identified in Housing Element Program 6.17. Down Payment Assistance is another important incentive identified in Housing Element program 2.11 that can bolster BMR homeownership opportunities. Previous Council or Advisory Body Action On June 20, 2023, the City Council approved Resolution No. 11432 (2023 Series) authorizing submittal of an application for a California Prohousing Designation. On April 2, 2023, the City Council approved Resolution No. 11489 (2024 Series) authorizing application to and participation in the Prohousing Incentive Program. Public Engagement This item is on the agenda for the February 18, 2025 City Council meeting and will follow the proper posting and notification requirements. Public comment on the item can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting. 2 HCD staff has indicated application submittal may be made with a City Council authorizing Resolution placed on an upcoming agenda. 3 Eligible Applicants must use awarded funds towards planning or implementation activities related to housing and community development limited to activities that conform with eligible uses pursuant to Health and Safety Code section 50470(b)(2)(D). Page 81 of 494 Item 6e ENVIRONMENTAL REVIEW The proposed report contemplates the receipt of state incentive funds, which is not a project under CEQA, and is therefore exempt from CEQA review (CEQA Guidelines Section 15378(b)(4).) Future projects that utilize PIP funding will undergo CEQA review and clearance. FISCAL IMPACT Budgeted: N/A Budget Year: 2024-2025 Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $N/A $ $ $ State Federal Fees Other: Total $ $ $ $ There will be no negative fiscal impact to the City. Local governments with Prohousing Designation are eligible to apply for new PIP grant funding, a $26 million state investment from the Building Homes and Jobs Trust Fund. Applying for these funds could increase funding availability for the identified housing projects by up to $750,000. These funds, if awarded will go directly to the City’s Affordable Housing Fund. ALTERNATIVES 1. Council could choose not to apply for PIP funds at this time and apply for future rounds dependent upon future Notices of Funding Availability for the program. Staff recommends applying for the current round of PIP to make fun ds available for critically needed below market rate housing projects. 2. Council could choose to apply for PIP funds for a different eligible activity. Staff could identify other potential eligible uses that align with the City housing work program, however, the most urgent need for the funds is to leverage critically needed below market rate housing units. Staff does not recommend this alternative due to the time sensitive nature of the grant program application. Additionally, there is flexibility in changing the uses of program funds after application submission. Staff will investigate opportunities and apply where eligible for additional PIP funds in future rounds. ATTACHMENTS A - Draft Resolution authorizing application to the State Prohousing Incentive Program B - Prohousing Incentive Program Application Page 82 of 494 R ______ RESOLUTION NO. _____ (2025 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE PROHOUSING INCENTIVE PROGRAM WHEREAS, pursuant to Health and Safety Code 50470 et. seq, the California Department of Housing and Community Development (Department) is authorized to issue Guidelines as part of an incentive program (hereinafter referred to as the Prohousing Incentive Program or “PIP”); and WHEREAS, on February 1, 2024, the City of San Luis Obispo received a Prohousing Designation from the Department; and WHEREAS, the City Council of the City of San Luis Obispo desires to submit a PIP grant application package (“Application”), on the forms provided by the Department, for approval of grant funding for eligible activities toward planning and implementation activities related to housing and community development as a result of meeting eligibility criteria including but not limited to Prohousing Designation; and WHEREAS, the Department issued Guidelines and Application on August 15, 23, 2024, for grant funding in the amount of approximately $8 million for Round 3 of the PIP; and WHEREAS, the City Council of the City of San Luis Obispo has duly considered all evidence, and recommendations by staff. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Manager of the City of San Luis Obispo, or the Community Development Director as designee, is hereby authorized and directed to submit an Application to the Department, and to apply for the PIP grant funds in a total amount not to exceed $750,000. SECTION 2. In connection with the PIP grant, if the Application is approved by the Department, the City Manager of the City of San Luis Obispo is authorized and directed to enter into, execute, and deliver on behalf of the A pplicant, a State of California Agreement (Standard Agreement) for the awarded amount and any and all other documents required or deemed necessary or appropriate to evidence and secure the PIP grant, the City’s obligations related thereto, and all amendments thereto; and SECTION 3. The City shall be subject to the terms and conditions as specified in the Guidelines, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the Application will be enforceable through the fully executed Page 83 of 494 Resolution No. _____ (2025 Series) Page 2 R ______ Standard Agreement. Pursuant to the Guidelines and in conjunction with the terms of the Standard Agreement, the City hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application. SECTION 4. The City Manager is authorized to execute and deliver the Application and the Program Documents on behalf of the City of San Luis Obispo for participation in the Program. Upon motion of ___________, seconded by Council Member ___________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _______________ 20 25. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 84 of 494 California Department of Housing and Community Development Page 1 Prohousing Incentive Program STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 651 Bannon Street, Suite 400 Sacramento, CA 95811 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov August 15, 2024 MEMORANDUM FOR: ALL POTENTIAL APPLICANTS FROM: MEGAN KIRKEBY, DEPUTY DIRECTOR DIVISION OF HOUSING POLICY DEVELOPMENT SUBJECT: NOTICE OF FUNDING AVAILABILITY ROUND 3 – PROHOUSING INCENTIVE PROGRAM The California Department of Housing and Community Development (HCD or Department) is pleased to announce the release of this Notice of Funding Availability (NOFA) for approximately an estimated $8 million under the Prohousing Incentive Program (PIP or Program). This estimate is based on funds collected during Quarter 1 of calendar year 2024 projected through the remainder of the calendar year. Final proceeds will be available by March 2025 in advance of Award announcements. For more information and updates, please see the Program website. PIP complements the Prohousing Designation Program and is designed to encourage jurisdictions to obtain a Prohousing Designation and reward jurisdictions that pursue additional Prohousing Policies to earn a higher Prohousing Designation Score. Under the Program, grants are available for a variety of planning or implementation activities related to housing and community development. In order to be eligible for grant funding under this NOFA, completed application materials must be submitted by email to: ProhousingIncentive@hcd.ca.gov no later than December 31, 2024. In order to remain eligible for an award under this NOFA, applicants must obtain a Prohousing Designation no later than December 31, 2024. Prohousing Incentive Program Round 3 Timeline NOFA Release August 15, 2024 Application Due Date December 31, 2024 Prohousing Designation Due Date December 31, 2024 Award Announcements April 2025 In addition to the information contained within this NOFA, the NOFA application and Program Guidelines are posted on the Department’s PIP website. For future updates on Page 85 of 494 PIP, please subscribe to the Department’s email notification sign up at Subscribe (ca.gov). If you have questions regarding this NOFA or PIP generally, please email the Department at ProhousingIncentive@hcd.ca.gov. Attachment Page 86 of 494 California Department of Housing and Community Development Page 1 Prohousing Incentive Program Prohousing Incentive Program Notice of Funding Availability Round 3 State of California Governor Gavin Newsom Tomiquia Moss, Secretary Business, Consumer Services and Housing Agency Gustavo Velasquez, Director California Department of Housing and Community Development Megan Kirkeby, Deputy Director Division of Housing Policy Development 651 Bannon Street, Suite 400 Sacramento, CA 95811 Website: https://www.hcd.ca.gov/grants-and-funding/programs-active/prohousing-incentive-program Email: ProhousingIncentive@hcd.ca.gov August 2024 Page 87 of 494 Contents I. Overview ....................................................................................................................................... 3 A. Notice of Funding Availability ................................................................................................... 3 B. Timeline ................................................................................................................................... 3 C. Authorizing Legislation, Regulations, and Guidelines .............................................................. 3 D. NOFA and Guidelines .............................................................................................................. 3 II. Eligibility ....................................................................................................................................... 4 A. Eligible Applicants .................................................................................................................... 4 B. Threshold Requirements .......................................................................................................... 4 C. Eligible Uses ............................................................................................................................ 5 III. Program Funding Amounts and Terms ..................................................................................... 6 A. Eligible Award Calculation ....................................................................................................... 6 IV. Application Requirements ........................................................................................................ 7 A. Application Content………………………………………………………………………………….11 B. Application Submittal ............................................................................................................... 7 C. Application Process ................................................................................................................. 8 V. Scoring ......................................................................................................................................... 8 A. Geographic Categories ............................................................................................................ 8 B. Tie Breaker .............................................................................................................................. 9 VI. Right to Modify or Suspend and Final Decision-making ..................................................... 10 VII. Disclosure of Application ....................................................................................................... 10 VIII. Appeals .................................................................................................................................... 10 A. Basis of Appeals……………………………………………………………………………………..15 B. Appeal Process and Deadlines .............................................................................................. 11 C. Decision………………………………………………………………………………………………16 IX. Award Announcements and Contracts ................................................................................. 11 A. Award Announcements .......................................................................................................... 11 B. Contracts ............................................................................................................................... 11 Page 88 of 494 I. Overview A. Notice of Funding Availability This NOFA announces approximately an estimated $8 million in funding for planning and implementation activities related to housing and community development, as described in Health and Safety Code Section 50470(b)(2)(D). B. Timeline 1. Program funds will be available to Eligible Applicants on a competitive basis. See Table 1 below for the anticipated timeline of awards. 2. Applications will be accepted as of the date of this NOFA through December 31, 2024. In order to remain eligible for an award, Eligible Applicants must obtain Prohousing Designation by December 31, 2024. The Department encourages early applications. Table 1: Round 3 Timeline NOFA Release Date: August 15, 2024 Application Due Date December 31, 2024 Prohousing Designation Due Date December 31, 2024 Award Announcements April 2025 C. Authorizing Legislation, Regulations, and Guidelines PIP is funded through Chapter 364, Statutes of 2017 (SB 2, Atkins), which established the Building Homes and Jobs Trust Fund, with five percent of annual collections to be used for an incentive program. The Department’s administration of PIP is governed by the PIP Guidelines, which implement, interpret, or make specific provisions for purposes of implementing an incentive program pursuant to Health and Safety Code section 50470, subdivision (b)(2)(C)(i). These Guidelines are authorized pursuant to Chapter 2.5 of Health and Safety Code (Sections 50470 to 50475). Applications submitted under this NOFA are subject to the PIP Guidelines, all applicable statutory requirements, and this NOFA. Section references in this NOFA refer to the PIP Guidelines unless otherwise noted. Capitalized terms in this NOFA are either defined herein or in the PIP Guidelines, available on the PIP website at https://www.hcd.ca.gov/grants-and-funding/programs- active/prohousing-incentive-program. . PIP awards funds based on jurisdiction size and Prohousing Designation Program score (as codified in the California Code of Regulations Title 25 Housing and Community Development, Division 1, Chapter 6, Subchapter 6.6, Sections 6600 through 6608, Consecutive Prohousing Designation Program). D. NOFA and Guidelines Applications submitted under this NOFA are subject to the August 2024, PIP Guidelines. Page 89 of 494 II. Eligibility A. Eligible Applicants 1. Eligible Applicants are limited to cities, counties, and cities and counties. 2. Only Eligible Applicants may submit an application. 3. Eligible Applicants may partner through legally binding agreements with other forms of governments or entities. This includes, but is not limited to, partnerships with other localities, regional governments, housing authorities, school districts, special districts, community-based organizations, Tribal Entities or any duly constituted governing body of an Indian Reservation or Rancheria. 4. Eligible Applicants in partnerships may determine the amount of incentive payments between Eligible Applicants participating in the partnership in consultation with the Department. 5. Eligible Applicants forming partnerships must submit separate, completed, and signed application packages, including resolutions and a copy of the signed agreement between partners to the Department in order to be awarded funds. B. Threshold Requirements Eligible Applicants must meet all of the following threshold requirements for participation in the Program: 1. An adopted housing element in substantial compliance, as determined by the Department, pursuant to Housing Element Law (Gov. Code, § 65580 et seq) in accordance with Government Code section 65585. a) Applicants not meeting housing element requirements may be considered to meet this threshold requirement at the discretion of the Department on a case-by-case basis. Criteria for consideration include but are not limited to significant progress in meeting housing element requirements (e.g., a draft found to meet statute, rezoning near completion), proposing activities to meet housing element requirements (e.g., rezoning to accommodate housing needs pursuant to Gov. Code Section 65583(c)(1)) and adoption of a compliant element prior to the award of funds. 2. Housing Element Annual Progress Report submittal pursuant to Government Code Section 65400 for the current or prior year, as applicable. 3. Prohousing Designation: A completed Prohousing Designation application (per the regulations codified in the California Code of Regulations Title 25 Housing and Community Development, Division 1, Chapter 6, Subchapter 6.6, Sections 6600 through 6608, Consecutive Prohousing Designation Program), with an authorizing resolution, must be submitted prior to or in Page 90 of 494 conjunction with the applicant’s PIP application. PIP awards cannot be made until Prohousing Designation is obtained, as determined by the Department. 4. A complete application as determined by the Department. 5. An authorizing resolution authorizing submittal of the application to the Program that materially comports with the Program’s requirements and is legally sufficient as determined in the Department’s reasonable discretion, including an authorized representative. See Attachment B of the Guidelines for required resolution format. 6. Compliance with state and federal housing laws as determined by the sole discretion of HCD. 7. Demonstration of meeting threshold criteria shall be determined by the Department in its sole and absolute discretion. No documentation of meeting threshold requirements is required in the application unless requested by the Department. C. Eligible Uses Eligible Applicants must use award funds towards planning or implementation activities related to housing and community development limited to activities that conform with eligible uses pursuant to Health and Safety Code section 50470(b)(2)(D): 1. The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low-, very low-, low-, and moderate-income households, including necessary operating subsidies. 2. Affordable rental and ownership housing that meets the needs of a growing workforce earning up to 120 percent of area median income, or 150 percent of area median income in high-cost areas. 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 Section 34176 of the Health and Safety Code. Page 91 of 494 5. Capitalized reserves for services connected to the creation of new permanent supportive housing, including, but not limited to, developments funded through the Veterans Housing and Homelessness Prevention Bond Act of 2014. 6. Assisting persons who are experiencing or at risk of homelessness, including providing rapid rehousing, rental assistance, navigation centers, emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. 7. Accessibility modifications. 8. Efforts to acquire and rehabilitate foreclosed or vacant homes. 9. Homeownership opportunities, including, but not limited to, down payment assistance. 10. Fiscal incentives or matching funds to local agencies that approve new housing for extremely low, very low, low-, and moderate-income households. III. Program Funding Amounts and Terms A. Eligible Award Calculation 1. Maximum total award amounts will be no greater than $2 million per Eligible Applicant. Total potential award amounts are determined by adding an Eligible Applicant’s base award amount with an Eligible Applicant’s bonus award amount. a) Base award amounts will be determined by population size. Base award amounts are based on population estimates as of January 1 of the NOFA year. Population estimates are based on the Department of Finance E-1 report: https://dof.ca.gov/Forecasting/Demographics/estimates-e1/. Jurisdiction Size (in Population) Base Award Amount 750,000 or greater $1,500,000 300,000 to 749,999 $1,000,000 100,000 to 299,999 $750,000 50,000 to 99,999 $500,000 20,000 to 49,999 $250,000 Less than 20,000 $150,000 Page 92 of 494 b) For the purpose of calculating the bonus award, an Eligible Applicant’s Prohousing Designation Score will be multiplied by 10,000. For example, an Eligible Applicant with a Prohousing Designation Score of 35 points will be eligible to receive up to a $350,000 bonus award in addition to the base award. The bonus award amount shall not exceed $500,000. 2. Eligible Applicants in partnerships with other cities or counties, as allowed by Section 201(C) of the Guidelines, may qualify for up to the sum of individual Eligible Applicant base award amounts. For example, two jurisdictions between 50,000 and 99,999 people could submit a proposal for up to $1 million in base awards. IV. Application Requirements A. Application Content 1. Eligible Applicants may request an allocation of funds by submitting a complete application to the Department. 2. Application must utilize the forms and manner prescribed in the Department’s application. 3. The application can be found on the Department’s website at https://www.hcd.ca.gov/grants-and-funding/programs-active/prohousing- incentive-program. 4. Eligible Applicants must submit a Government Agency Taxpayer Identification Form for an application to be considered complete. 5. The Department may request additional information and documentation as appropriate. 6. The Department may consult with and gather relevant information from any individual, entity, or public agency. B. Application Submittal 1. An applicant must submit a completed, signed original application in electronic form. 2. The Department encourages early applications and will accept applications up to 11:59 P.M. Pacific Time on December 31, 2024. 3. All applications must be submitted by email to: ProhousingIncentive@hcd.ca.gov. Page 93 of 494 C. Application Process 1. Applications will be reviewed for completeness, eligibility, and for meeting threshold requirements. 2. Eligible Applicants will have until December 31, 2024, to obtain Prohousing Designation. After this date, HCD will rank Eligible Applicants that met threshold requirements according to their Prohousing Designation Score, as determined by HCD. 3. Ranked applications will be sorted by geographic category, as described in Section 404 of the PIP Guidelines. 4. Priority will be given to Eligible Applicants that have not received PIP funds in prior funding rounds. Eligible Applicants awarded in prior funding rounds will only be eligible to receive an award once all previously unfunded Eligible Applicants receive an award. V. Scoring A. Geographic Categories 1. Ranked applications will be considered for awards according to six geographic categories, as follows: a) Southern California: Imperial, Los Angeles, Orange, Riverside, San Bernardino, Ventura, and San Diego b) Bay Area: Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, Sonoma, San Francisco c) San Joaquin Valley: Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, Tulare d) Sacramento Area: Amador, El Dorado, Placer, Sacramento, Sutter, Yolo, Yuba e) Central Coast: Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz f) North State and Sierra Nevada: Alpine, Butte, Calaveras, Colusa, Del Norte, Glenn, Humboldt, Inyo, Lake, Lassen, Mariposa, Mendocino, Modoc, Mono, Nevada, Plumas, Shasta, Sierra, Siskiyou, Tehama, Trinity, Tuolumne 2. Funds are made available to each geographic category based upon the percentage of 2030 population projections, as determined by the Department of Finance (see P-2A report: https://dof.ca.gov/forecasting/demographics/projections/). Page 94 of 494 Geographic Region 2030 Population Projection Percent of 2030 State Population Percent of Overall Funds Available to Applicants in Region Southern California 21,930,346 55.6% 41.7% Bay Area 7,604,103 19.3% 14.5% San Joaquin Valley 4,496,637 11.4% 8.6% Sacramento Area 2,703,924 6.9% 5.1% Central Coast 1,520,779 3.9% 2.89% North State and Sierra Nevada 1,175,092 3% 2.2% Totals 39,430,871 100% 75% 3. The total proportion of available funds in geographic categories will not exceed 75 percent of the total amount of the NOFA. 4. Awards will be funded from each geographic category’s total available funding amount until the funds for that category are depleted. If Eligible Applicants’ awards exceed the funding available to a geographic category, Eligible Applicants may qualify to fulfill their eligible award from the 25 percent residual set-aside in ranking order. 5. In the event of funds being depleted such that a partial award is indicated, the residual set-aside may be utilized to enhance the award at the discretion of the Department. 6. If both an Eligible Applicant’s geographic category and the residual set- aside have been depleted, that Eligible Applicant may be eligible for remaining funds at the sole discretion of the Department. Remaining funds will come from unutilized money from geographic categories only after Eligible Applicants located in those geographic categories have been awarded. 7. When all funds have been depleted, the final Eligible Applicant in the ranking will only be eligible for the award amount that remains in the coffer. Eligible Applicants in this position may opt to pull their PIP application until additional funds are made available to fulfill their eligible award amount in potential future funding rounds. 8. The Department reserves discretion to alter funding amounts and the distribution methodology to advance Program goals and achieve an equitable outcome. B. Tie Breaker 1. Eligible Applicants that submit complete applications that meet threshold requirements will be awarded in order of rank and priority, as described in Section 401(D) of the PIP Guidelines, until funding is depleted. Page 95 of 494 2. In the event of a tie (i.e., two or more Eligible Applicants have the same Prohousing Designation Score), the Eligible Applicant with the smaller population size will receive funding first. VI. Right to Modify or Suspend and Final Decision-making The Department reserves the right, at its sole discretion, to suspend, amend, or modify the provisions of these Guidelines 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. You may subscribe to the Department’s email list here: http://www.hcd.ca.gov/HCD_SSI/subscribe-form.html. The Department’s decision to approve or deny an application or request for funding pursuant to the Program, and its determination of the amount of funding to be provided, shall be final. VII. Disclosure of Application Information provided in the application will become a public record available for review by the public pursuant to the California Public Records Act (CPRA) (Gov. Code, § 7920.000 et seq.). As such, any materials provided are subject to disclosure to any person making a records request under the CPRA. The Department cautions applicants to use discretion in providing information not specifically requested, including, but not limited to, bank account numbers, Social Security numbers, personal phone numbers, and home addresses. By providing this information to the Department, the applicant is waiving any claim of confidentiality and consents to the disclosure of submitted material upon request. VIII. Appeals A. Basis of Appeals 1. Applicants may appeal the Department’s written determination that an application is incomplete or ineligible, or appeal other administrative errors including, but not limited to, requested award amounts. 2. Applicant shall have the right to appeal a decision of the Department relating to another applicant’s application (e.g., eligibility, award). 3. Any request to appeal the Department’s decision regarding an application shall be reviewed for compliance with the PIP Guidelines and this NOFA. All decisions rendered shall be made by the Program Manager or his/her designee. The decision shall be final, binding, and conclusive, and shall constitute the final action of the Department. 4. The appeal process provided herein applies solely to decisions of the Department made pursuant to this NOFA and related to application completion, eligibility, or administrative errors. Page 96 of 494 B. Appeal Process and Deadlines 1. To file an appeal, applicants must submit to the Program Manager, or designee, by the deadline set forth below, a written appeal which states all relevant facts, arguments, and evidence upon which the appeal is based. Furthermore, the applicant must provide a detailed reference to the area or areas of the application that provide clarification and substantiation for the basis of the appeal. No new or additional information will be considered if this information would result in a competitive advantage to an applicant. Once the written appeal is submitted to the Department, no further information or materials will be accepted or considered thereafter. Appeals are to be submitted to the Department at ProhousingIncentive@hcd.ca.gov according to the deadline set forth below. 2. Appeals must be received by the Department no later than five business days from the date of the Department’s determination. C. Decision Any request to appeal the Department’s decision regarding an application shall be reviewed for compliance with the PIP Guidelines and this NOFA. All decisions rendered shall be final, binding, and conclusive, and shall constitute the final action of the Department. IX. Award Announcements and Contracts A. Award Announcements It is the Department’s intent to announce awards in April 2025. Award announcements will be posted on the PIP website at https://www.hcd.ca.gov/grants-and-funding/programs-active/prohousing- incentive-program. B. Contracts Grantees will enter into a Standard Agreement with the Department. The Standard Agreement specifies and memorializes all the relevant state and federal requirements, as well as specific information about the award and the work to be performed. As a condition of award, a Standard Agreement must be executed by the grantee within 90 days of the Department’s issuance of the award letter. Failure to execute the Standard Agreement(s) within 90 days may result in award cancellation. The refusal of any grantee to execute the Standard Agreement may result in award cancellation. Once an application is awarded Department funds, the grantee is acknowledging the proposal as submitted and approved is the proposal that is to be funded. Any bifurcation or portioning of the proposal will make that award null and void. 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