Loading...
HomeMy WebLinkAbout55B - RESO - LEAP GRANT APPREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 2, 2020 TITLE ADOPT A RESOLUTION TO AUTHORIZE THE PLANNING AND BUILDING AGENCY TO FILE A GRANT APPLICATION TO THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR LOCAL EARLY ACTION PLAN (LEAP) GRANT PROGRAM FUNDS /s/ Kristine CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1sl Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt a resolution authorizing the Executive Director of the Planning and Building Agency to submit a $750,000 grant application to the Local Early Action Planning Grants Program (LEAP). DISCUSSION On January 27, 2020, the State of California's Department of Housing and Community Development (HCD) issued a Notice of Funding Availability (NOFA) for the Local Early Action Planning Grants Program (LEAP). The purpose of the LEAP grant program is to provide funding to jurisdictions for the preparation and adoption of planning documents and tools that accelerate housing production, and facilitate compliance in implementing the sixth cycle of the Regional Housing Need Assessment. Recognizing that the LEAP program provides grants through a noncompetitive process and the City of Santa Ana is eligible to receive up to $750,000 in funding, staff prepared an application with a list of tasks to facilitate the production of housing to meet our regional and local housing needs. The grant program guidelines require submission of a fully executed resolution authorizing application for LEAP funds (Exhibit 1) to complete the grant application by July 1, 2020. Projects submitted under the LEAP program must demonstrate a nexus to accelerate housing production. The City's grant application includes two such eligible activities: 1) Complete revisions to Chapter 41 (Zoning) of the Municipal Code to implement land use zoning and housing policies from the upcoming comprehensive General Plan update; and, 2) Update the General Plan Housing Element by October 2021. If awarded, the grant funding would allow for the implementation of zoning code updates needed to facilitate timely development of new housing and development and provide funding for the next update of the Housing Element. 55B-1 Authorize a Grant Application Submittal to the LEAP Program June 2, 2020 Page 2 ENVIRONMENTAL IMPACT Pursuant to Section 15061(13)(3) of the California Environmental Quality Act, this action is exempt from further review as there is no potential for any environmental impact. FISCAL IMPACT There is no fiscal impact associated with this action. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). Exhibits: 1. Resolution 2. LEAP Application 3. HCD January 27, 2020 NOFA 55B-2 EXHIBIT 1 LS 6.2.20 RESOLUTION NO. 2020-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE APPLICATION AND RECEIPT OF FUNDS FROM THE LOCAL EARLY ACTION PLANNING (LEAP) GRANTS PROGRAM WHEREAS, the State of California, Department of Housing and Community Development (Department) has issued a Notice of Funding Availability (NOFA) dated January 27, 2020, for its Local Early Action Planning Grant Program (LEAP); and WHEREAS, the City Council of Santa Ana desires to submit a project application for the LEAP program to accelerate the production of housing and facilitate compliance with the sixth cycle of the regional housing needs assessment and will submit a 2020 LEAP grant application as described in the NOFA and Program Guidelines released by the Department for the LEAP Program; and WHEREAS, pursuant to Health & Safety Code section 50515, et seq., the Department is authorized to provide up to $119,040,000 million dollars under the Local Government Planning Support Grants Program in the LEAP Program, of which Santa Ana is eligible for $750,000 in funding. NOW, THEREFORE, THE CITY COUNCIL OF SANTA ANA RESOLVES AS FOLLOWS: SECTION 1. The Executive Director of Planning and Building Agency is hereby authorized and directed to apply for and submit to the Department of Housing and Community Development a 2020 LEAP Planning Grants Program application in the amount of $750,000. SECTION 2. In connection with the LEAP grant, if the application is approved by the Department, the City Manager or designee is authorized to enter into, execute, and deliver a State of California Agreement (Standard Agreement) for the amount of $750,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the LEAP grant, appropriate the grant funds, and authorize the City's obligations related thereto, and all amendments thereto (collectively, the "LEAP Grant Documents"). SECTION 3. The City shall be subject to the terms and conditions as specified in the Standard Agreement, the LEAP Planning Grants Program Guidelines, and any applicable LEAP guidelines published by the Department. Funds are to be used for allowable expenditures as specifically identified in the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application will be enforceable through the executed Standard Agreement. The City Council hereby agrees to use the funds for eligible uses in the manner presented in the application as approved #38145v4 55B-3 by the Department and in accordance with the NOFA, the LEAP Planning Grants Program Guidelines, and the 2020 Local Government Planning Support Grants Program Application. SECTION 4. The City Manager or designee, is authorized to execute the City of Santa Ana LEAP Grant Program application, the LEAP Grant Documents, and any related agreements or amendments thereto, on behalf of the City of Santa Ana as required by the Department for receipt of the LEAP Grant. SECTION 5. Pursuant to Section 15061(b)(3) of the California Environmental Quality Act and the CEQA Guidelines, this action is exempt from further review as there is no potential for any environmental impact. SECTION 6. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 2nd day of June, 2020 by the following vote: Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: L ( . Lisa Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: #38145v4 55B-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-xx to be the original resolution adopted by the City Council of the City of Santa Ana on June 2, 2020. Date: Clerk of the Council City of Santa Ana #38145v4 55B-5 EXHIBIT 2 Local Early Action Planning Grant Application State of California Governor Gavin Newsom Alexis Podesta, Secretary Business, Consumer Services and Housing Agency Doug McCauley, Acting Director Department of Housing and Community Development Zachary Olmsted, Deputy Director Department of Housing and Community Development Housing Policy Development 2020 West El Camino, Suite 500 Sacramento, CA 95833 Website: https://www.hcd.ca.gov/grants-funding/active-funding/leap.shtml Email: EarlyActionPlanning(c)hcd.ca.gov January 27, 2020 55B-6 LEAP Application Packaging Instructions The applicant is applying to the Department of Housing and Community Development (Department) for a grant authorized underneath the Local Early Action Planning Grants (LEAP) provisions pursuant to Health and Safety Code Sections 50515 through 50515.05. LEAP provides funding to jurisdictions for the preparation and adoption of planning documents, process improvements that accelerate housing production and facilitate compliance in implementing the sixth cycle of the regional housing need assessment. If you have questions regarding this application or LEAP, email earlyactionplanningahcd.ca.gov. If approved for funding, the LEAP application is incorporated as part of your Standard Agreement with the Department. In order to be considered for funding, all sections of this application, including attachments and exhibits if required, must be complete and accurate. All applicants must submit a complete, signed, original application package and digital copy on CD or USB flash drive to the Department and postmarked by the specified due date in the NOFA. Applicants will demonstrate consistency with LEAP requirements by utilizing the following forms and manner prescribed in this application. o Pages 3 through 14 constitute the full application (save paper, print only what is needed) o Attachment 1: Project Timeline and Budget: Including high-level tasks, sub -tasks, begin and end dates, budgeted amounts, deliverables, and adoption and implementation dates. o Attachment 2: Nexus to Accelerating Housing Production o Attachment 3: State and Other Planning Priorities o Attachment 4: Required Resolution Template o Government Agency Taxpayer ID Form (available as a download from the LEAP webpage located at https://www.hcd.ca.gov/qrants-funding/active-funding/leap.shtml o If the applicant is partnering with another local government or other entity, include a copy of the legally binding agreement; and o Supporting documentation (e.g., letters of support, scope of work, project timelines, etc.) Pursuant to Section XII of the LEAP 2020 Notice of Funding Availability (NOFA), the application package must be postmarked on or before July 1, 2020, and received by the Department at the following address: Department of Housing and Community Development Division of Housing Policy Development 2020 West El Camino Ave, Suite 500 Sacramento, CA 95833 LEAP NOFA Application Rev. 112412020 Page 2 of 14 55B-7 A. Applicant Information and Certification Applicant (Jurisdiction) City of Santa Ana Applicant's Agency Type Planning and Building Agency Applicant's Mailing Address 20 Civic Center Plaza. Ross Annex (M-20) City Santa Ana State California Zip Code 192702 County Orange Website hftp://santa-ana.org Authorized Representative Name Minh Thai Authorized Representative Title Executive Director of Planning and Building Agency Phone 714.667.2707 Fax 714.973.1461 Email MThai@santa-ana.org Contact Person Name Melanie G. McCann Contact Person Title Senior Planner Phone 714.667.2746 Fax 1714.973.1461 Email mmccann@santa-ana.org Proposed Grant Amount 1 $ 1750,000 Pursuant to Health and Safety Code Section 50515.03 through (d) of the Guidelines, all applicants must meet the following two requirements to be eligible for an award: 1. Does the application demonstrate a nexus to accelerating housing as shown in Attachment 1? 2. Does the application demonstrate that the applicant is consistent State Planning or Other Priorities; Attachment 2? Is a fully executed resolution included with the application package? Yes No El Yes No El Yes * No ❑ Does the address on the Government Agency Taxpayer ID Form match the address listed above? Is the applicant partnering with another eligible local government entity? If Yes, provide a fully executed copy of the legally binding Yes No El Yes ❑ No agreement. As the official designated by the governing body, I hereby certify that if approved by HCD for funding through the Local Early Action Planning Program (LEAP), the City of Santa Ana assumes the responsibilities specified in the Notice of Funding Availability and certifies that the information, statements and other contents contained in this application are true and correct. Signature: Minh Thai Date: Title: Executive Director of Planning and Building Agency LEAP NOFA Application Rev. 112412020 Page 3 of 14 55B-8 B. Proposed Activities Checklist Check all activities the locality is undertaking. Activities must match the project description. Rezoning and encouraging development by updating planning documents and zoning ordinances, 1 such as general plans, community plans, specific plans, implementation of sustainable communities' strategies, and local coastal programs 2 ❑ Completing environmental clearance to eliminate the need for project -specific review Establishing housing incentive zones or other area based housing incentives beyond State Density Bonus Law such as a workforce housing opportunity zone pursuant to Article 10.10 (commencing 3 ❑ with Section 65620) of Chapter 3 of Division 1 of Title 7 of the Government Code or a housing sustainability district pursuant to Chapter 11 (commencing with Section 66200) of Division 1 of Title 7 of the Government Code 4 Performing infrastructure planning, including for sewers, water systems, transit, roads, or other public facilities necessary to support new housing and new residents Planning documents to promote development of publicly owned land such as partnering with other 5 ❑local entities to identify and prepare excess or surplus property for residential development ❑ Revamping local planning processes to speed up housing production 6 7 Developing or improving an accessory dwelling unit ordinance in compliance with Section 65852.2 of the Government Code Planning documents for a smaller geography (less than jurisdiction -wide) with a significant impact on housing production including an overlay district, project level specific plan, or development 8 ❑ standards modifications proposed for significant areas of a locality, such as corridors, downtown or priority growth areas Rezoning to meet requirements pursuant to Government Code Section 65583(c)(1) and other ❑9 rezoning efforts to comply with housing element requirements, including Government Code Section 65583.2(c) (AB 1397, Statutes of 2018) Upzoning or other implementation measures to intensify land use patterns in strategic locations 10 ■❑ such as close proximity to transit, jobs or other amenities Rezoning for multifamily housing in high resource areas (according to Tax Credit Allocation 11 Committee/Housing Community Development Opportunity Area Maps); Establishing Pre -approved architectural and site plans Preparing and adopting housing elements of the general plan that include an implementation 12 component to facilitate compliance with the sixth cycle RHNA Adopting planning documents to coordinate with suballocations under Regional Early Action 13 Planning Grants (REAP) that accommodate the development of housing and infrastructure and accelerate housing production in a way that aligns with state planning priorities, housing, transportation equity and climate goals, including hazard mitigation or climate adaptation 14 Zoning for by -right supportive housing, pursuant to Government Code section 65651 (Chapter 753, Statutes of 2018) 15 Zoning incentives for housing for persons with special needs, including persons with developmental disabilities Planning documents related to carrying out a local or regional housing trust fund Environmental hazard assessments; data collection on permit tracking; feasibility studies, site 16 17 ❑ analysis, or other background studies that are ancillary (e.g., less than 15% of the total grant amount) and part of a proposed activity with a nexus to accelerating housing production Other planning documents or process improvements that demonstrate an increase in housing 18 ❑ related planning activities and facilitate accelerating housing production 19 Establishing Prohousing Policies LEAP NOFA Application Rev. 112412020 55B-9 Page 4 of 14 C. Project Description Provide a description of the project and each activity using the method outlined below, and ensure the narrative speaks to Attachment 1: Project Timeline and Budget. a. Summary of the Project and its impact on accelerating production b. Description of the tasks and major sub -tasks c. Summary of the plans for adoption or implementation Please be succinct and use Appendix A or B if more room is needed. 1. SANTA ANA GENERAL PLAN HOUSING ELEMENT UPDATE to facilitate compliance in implementing the sixth cycle of the Regional Housing Need Allocation (RHNA). The Housing Element Update will include a Community Outreach Program, evaluation of Housing Opportunity Sites, Preparation of Draft Housing Element, HCD certification, City Council adoption, and creation of a Housing Element Implementation web page to facilitate information to housing developers regarding housing opportunity sites. 2. SANTA ANA ZONING CODE UPDATE will focus on amending City policies and development standards to facilitate and accelerate housing production, and associated community outreach: Implement land use and housing policies within the City's comprehensive General Plan Update targeted for completion by the end of 2020 (https://www.santa-ana.org/general-plan) such as creating new residential/ mixed use zoning districts and objective development standards to implement the City's Draft Land Use Plan proposing additional residential density near high quality transit corridors. Re-evaluating the current residential zoning districts related to permitted uses, building height, lot coverage, parking, and open space. This could include amending Two -Family Residential Zoning District (R2) and Townhouse standards to reflect best design practices. Last comprehensively updated in the 1960's, the project will include the reorganizing of the Zoning Code document to be formated in a more user friendly document for use by the community. The user friendly Zoning Code document will improve the understanding of the City's housing policies and standards, and help expedite project requests for new housing production, as well as improvements to existing housing stock. Completion of the Zoning Code Update will help improve processing time for a variety of residential development projects. With the new General Plan land use designations and corresponding zoning district for residential development updated to be consistent, housing developers with greater certainty in pursing entitlements for new housing projects without delays related to discretionary actions to amend the zoning. This will reduce development processing time by approximately two months. In addition, the Zoning Code Update will incorporate best practices in design and development standards for housing types to provide clear and consistent direction. Overall, the City anticipates an increase in the feasibility of residential development with the code updates, which would reduce processing time and approval certainty. LEAP NOFA Application Rev. 112412020 55B-1 0 Page 5 of 14 O U N C U) C C CL O N >, N (a O_ 0)1 N N 5 c0 'D Y Cl) (D N > Oco ip O � O N (0 p) t0 N C 1 0 0 C L � U 2 L •L .a U)L o z CD N vim) z 7 N = O O O N c6 O c O O 0 LO O U N 3 U LL O C) U c 2 0 U e3 Z L m D H a 72 y N U co O C Q tq O U C Q O U aa) ?j LL C) � U � j C C) 0) L - W N 2 p N y o n O o m U cma N o c p`_ c c U m r-� c W r .� c O N = Y E 2 CL y i LL L Q Y 0 O U 0) C Lw U (D Q Y O N m "a O) C C U _ a� •— cLa U U 3 a� o p U o E U= .L ca m aD E N $ c -a O �? ca 9 CD 0 > O 9 >. m� � _ M m Y a J = c$a co J Y E 0 U •2 c$a U n- N Vl 3 L a d 0 j � Q a m m a LL m � L 7 N O N O N p N N N N O 0 N 0 O LO N N N LO N N N N O N N N N N E �.� �- O O O M 0 0 W O M O p M M M M p N C N N N C O NO O CN O O O O OO N NN N � � N I� ti O N O O) CO CA CA 0 r N O O O O O p 0 0 0 0 0 0 0 Op O O O O O C:)O O C)O O O O O O O O O O O O O O O p • CA O O O O O O O O O O C)O O O C)O Cl O CA U U Ln 0 0 LO L!') Ln Ln Ln O Cn N C7 CT O Ln O- M O N N N CO �P 0')' LO ,I- LO CO Lo ER Eflul,Ef? E!-? Efl 6,9. Efl U9 Cf3 EJ-? Y 5 -1 '4„ N :� X c 0 O O C m n V N 0 N O L6 c LB d N Q O O - co � C N C O O LO ._> C O C "O Co Q C W N co C (0 -O o ++ \ U) c U 7 E U O O co i s N m Ln O v V L6 0 LB LE W o L O f6 N a U C a a •O O N L Q W O L V C 3 o a� a L O m O Q C C d U> p c (Q1( O U 7 C C1 _o +J u t •7 CL a lC C O p O U U '� E C .�N 0 O U •� O O` co "= 2 += p O N O O "= c U � CD 'C a O 7 O O 0= 2 •U) O 3 m$ C7 L w ` = L 7 N U 'd O c' E c"a E W c C o 2 E 0 .C_ E d Q Y O m 0 2 Y o a3i _ Q Q V> 0 U d- U .> CWN d 2 m w L a r Q N m N I..L j- LLiL W U 0 N O N N N V, c c C 0 ui a� a� 0 C: m U) (1) m c N c m C N 0 0 E c6 c 0 0 Q C: co N rn c cu a� S U Q 7 d L O N U N 7 N O q) 60 C: Z N co s L . 1 Y =; U O m E � m 7 -O N C O � E " 0 U O Y N N � > 0 a� c s a' rnN Q U � C � Attachment 2: Application Nexus to Accelerating Housing Production Applicants shall demonstrate how the application includes a nexus to accelerating housing production by providing data regarding current baseline conditions and projected outcomes such as a reduction in timing, lower development costs, increased approval certainty, increases in number of entitlements, more feasibility, orincreases in capacity. An expected outcome should be provided for each proposed deliverable. If necessary, use Appendix B to explain the activity and its nexus to accelerating housing production. Select at least one *Baseline **Projected ***Difference Notes Timing (e.g., reduced 3-month 1-month 2-month Zoning Code update number of processing reduction amendments days) Development cost (e.g., land, fees, financing, construction costs per unit Zoning Code update Approval certainty and reduction in and rezone for discretionary review 5-month 3-month 2-month reduct General Plan (e.g., prior versus consistency proposed standard and level of discretion] o Entitlement streamlining (e.g., number of approvals) Feasibility of development Infrastructure capacity (e.g., number of units) Impact on housing supply 405 3,087 2,682 HE update: RHNA 2014-21 $ and affordability (e.g., 2021-29, includes666 number of units) (944-278) more lower income * Baseline — Current conditions in the jurisdiction (e.g. 6-month development application review, or existing number of units in a planning area) **Projected — Expected conditions in the jurisdiction because of the planning grant actions (e.g. 2-month development application review) ***Difference — Potential change resulting from the planning grant actions (e.g., 4-month acceleration in permitting, creating a more expedient development process) LEAP NOFA Application Rev. 112412020 55B-12 Page 8 of 14 Attachment 3: State and Other Planning Priorities Certification (Page 1 of 3) Applicants must demonstrate that the locality is consistent with State Planning or Other Planning Priorities by selecting from the list below activities that are proposed as part of this application or were completed within the last five years. Briefly summarize the activity and insert a date of completion. State Planning Priorities Date of Completion Brief Description of the Action Taken Promote Infill and Equity Rehabilitating, maintaining, and improving existing infrastructure that supports infill development and appropriate reuse and redevelopment of previously developed, underutilized land that is presently served by transit, streets, water, sewer, and other essential services, particularly in underserved areas. 5/9/16 Approved adaptive reuse project involving the conversion of an existing 5-story office building to affordable multifamily development with commercial uses. Seek or utilize funding or support strategies to facilitate opportunities for infill development. 3/24/ 17 Awarded SCAG Sustainability Planning Grant to identify sustainable infill housing /mixed use development along transit corridors through a GP Update and creation of public realm plans. Other (describe how this meets subarea objective) Promote Resource Protection Protecting, preserving, and enhancing the state's most valuable natural resources, including working landscapes such as farm, range, and forest lands, natural lands such as wetlands, watersheds, wildlife habitats, and other wildlands; recreation lands such as parks, trails, greenbelts, and other open space; and landscapes with locally unique features and areas identified by the state as deserving special protection. Installation of signage, channelization, and construction of raised bulb -outs, wheelchair ramps, and 8/ 1 / 17 crosswalks along the Maple Bicycle off -road Trail located in central Santa Ana. Actively seek a variety of funding opportunities to promote resource protection in underserved communities. 2/ 14/ 18 Santa Ana pursues an average of 10 grants per year to promote active transportation and alternative mode of transportation improvements; many serving disadvantaged community areas. Other (describe how this meets subarea objective) Encourage Efficient Development Patterns Ensuring that any infrastructure associated with development, other than infill development, supports new development that does the following: (1) Uses land efficiently. LEAP NOFA Application Rev. 112412020 55B-13 Page 9 of 14 Attachment 3: State and Other Planning Priorities Certification (Page 2 of 3) (2) Is built adjacent to existing developed areas to the extent consistent with environmental protection. (3) Is located in an area appropriately planned for growth. (4) Is served by adequate transportation and other essential utilities and services. 2/27/19 OC Streetcar Maintenance Building permits issued to serve the OC Streetcar which will provide 4 miles of alternative transportation from SARTC to City of Garden Grove. (5) Minimizes ongoing costs to taxpayers. Other (describe how this meets subarea objective) Other Planning Priorities Affordability and Housing Choices Incentives and other mechanisms beyond State Density Bonus Law to encourage housing with affordability terms. Efforts beyond state law to promote accessory dwelling units or other strategies to intensify single- family neighborhoods with more housing choices and affordability. 2/5/20 Awarded funding to create an pre -approved ADU plans to expedite the processing and ease of pursing new ADUs in single family neighborhoods. Upzoning or other zoning modifications to promote a variety of housing choices and densities. 6/18/19 City Council approved a zone change from single family residential (R1) to SD-94 to allow the 5-story, 226 unit Segerstrom Legacy apartments. Utilizing surplus lands to promote affordable housing choices. Efforts to address infrastructure deficiencies in disadvantaged communities pursuant to Government Code Section 65302.10. 2/5/19 The Central Santa Ana Complete Street Plan was drafted to provide Santa Ana more complete array of aesthetic and safe travel options; serving disadvantaged area of the community. Other (describe how this meets subarea objective) LEAP NOFA Application Rev. 112412020 55B-14 Page 10 of 14 Attachment 3: State and Other Planning Priorities Certification (Page 3 of 3) Conservation of Existing Affordable Housing Stock Policies, programs or ordinances to conserve stock such as an at -risk preservation ordinance, mobilehome park overlay zone, condominium conversion ordinance and acquisition and rehabilitation of market rate housin programs. Policies, programs and ordinances to protect and support tenants such as rent stabilization, anti - displacement strategies, first right of refusal policies, resources to assist tenant organization and education and "just cause" eviction policies. Other (describe how this meets subarea objective) Climate Adaptation Building standards, zoning and site planning requirements that address flood and fire safety, climate adaptation and hazard mitigation. Long-term planning that addresses wildfire, land use for disadvantaged communities, and flood and local hazard miti ation. 12/9/19 The City was awarded grant funds from FEMA to prepare a Hazard Mitigation Plan. A consultant contract was approved by City Council on 5/5/20. Community engagement that provides information and consultation through a variety of methods such as meetings, workshops, and surveys and that focuses on vulnerable populations (e.g., seniors, __people with disabilities, homeless, etc.). Other (describe how this meets subarea objective) Certification: I certify under penalty of perjury that all information contained in this LEAP State Planning and Other Planning Priorities certification form (Attachment 2) is true and correct. Certifying Officials Name: Certifying Official's Title: Certifying Official's Signature: Date: LEAP NOFA Application Rev. 112412020 55B-15 Page 11of14 Attachment 4: Required Resolution Template RESOLUTION NO. [insert resolution number] A RESOLUTION OF THE [INSERT EITHER "CITY COUNCIL" OR "COUNTY BOARD OF SUPERVISORS"] OF [INSERT THE NAME OF THE CITY OR COUNTY] AUTHORIZING APPLICATION FOR, AND RECEIPT OF, LOCAL GOVERNMENT PLANNING SUPPORT GRANT PROGRAM FUNDS WHEREAS, pursuant to Health and Safety Code 50515 et. Seq, the Department of Housing and Community Development (Department) is authorized to issue a Notice of Funding Availability (NOFA) as part of the Local Government Planning Support Grants Program (hereinafter referred to by the Department as the Local Early Action Planning Grants program or LEAP); and WHEREAS, the [insert either "City Council" or "County Board of Supervisors"] of [insert the name of the City or County] desires to submit a LEAP grant application package ("Application"), on the forms provided by the Department, for approval of grant funding for projects that assist in the preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance to implement the sixth cycle of the regional housing need assessment; and WHEREAS, the Department has issued a NOFA and Application on January 27, 2020 in the amount of $119,040,000 for assistance to all California Jurisdictions; Now, therefore, the [insert either "City Council" or "County Board of Supervisors"] of [insert the name of the city or county] ("Applicant") resolves as follows: SECTION 1. The [insert the authorized designee's TITLE ONLY] is hereby authorized and directed to apply for and submit to the Department the Application package; SECTION 2. In connection with the LEAP grant, if the Application is approved by the Department, the [insert the authorized designee's TITLE ONLY] of the [insert the name of the City or County] is authorized to submit the Application, enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of [$ enter the dollar amount of the Applicant's request], and any and all other documents required or deemed necessary or appropriate to evidence and secure the LEAP grant, the Applicant's obligations related thereto, and all amendments thereto; and SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the NOFA, 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 Standard Agreement. Pursuant to the NOFA and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and allowable expenditures in the manner presented and specifically identified in the approved Application. ADOPTED ON [insert the date of adoption], by the [insert either "City Council" or "County Board of Supervisors"] of [insert the name of the City or County] by the following vote count: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SSAS TO FORM: [Signature of Attesting Officer] APPROVED [Signature of approval] LEAP NOFA Application Rev. 112412020 Page 12 of 14 Appendix A ****OPTIONAL TASK****** A. ENHANCED PERMIT SYSTEM AND E-REVIEW. Through the support of SB2 awarded funds ($200,000) the City has begun efforts to upgrade its current in-house land use management system. As the overall cost is estimated at $3.3 million, the City proposes to use an additional $125,000 in LEAP funds for this system used by City Planning, Building, and Development Review staff for an on-line web portal for permit processing, and digital plan reviews (E-Reviews). The City has projected that the Enhanced Permits System and E-review improvements will reduce counter processing by 45 percent. Pre-COVID 19, the Planning and Building Counters have averaged approximately 10 to 15 minutes with each customer. B. MODERNIZE AND UPGRADE COMPUTER/PERMIT Through the support of SB2 awarded funds ($100,000) the City will be modernizing computer to expedite the Enhanced Permit System and E-Review Project (Task A above). To further this overall effort, the City proposes to use an additional $50,000 in LEAP funds for costs related to physical improvements such as upgrading staff computers for e-review capabilities and setting up computer stations for public use. In addition, other uses of these funds could be for upgrades to QMatic customer assistance system and digital archiving of planning entitlement records. With these improvements identified above, it is estimated that half of the customers will not need to visit City Hall to submit planning/building application/plans, receive corrections, as the processes will be digital and accessible on-line. Depending on the type of development, pre-COVID 19 processing times have been approximately four months (e.g. ADUs) to one year (e.g. entitlements), and anticipated to reduced by two to four months. By offering expedited forms of our services, we can assist customers through the process efficiently and increase productivity. LEAP NOFA Application Rev. 112412020 55B-17 Page 13 of 14 Appendix B LEAP NOFA Application Rev. 112412020 55B-18 Page 14 of 14 State of California Financial Information System for California (FI$Cal) i Ca j GOVERNMENT AGENCY TAXPAYER ID FORM ■ f 2000 Evergreen Street, Suite 215 cial information System for California Sacramento, CA 95815 www.fiscal.ca.gov 1-855-347-2250 The principal purpose of the information provided is to establish the unique identification of the government entity. Instructions: You may submit one form for the principal government agency and all subsidiaries sharing the same TIN. Subsidiaries with a different TIN must submit a separate form. Fields bordered in red are required. Hover over fields to view help information. Please print the form to sign prior to submittal. You may email the form to: vendors@fiscal.ca.gov, or fax it to (916) 576-5200, or mail it to the address above. Principal City of Santa Ana/ Planning & Building Agency Government Agency Name Remit -To 120 Civic Center Plaza Address (Street or PO Box) City Santa Ana State CA Zip Code+4 92702 Government Type: El City County Special District Federal Other (Specify) Federal 95-6000785 Employer Identification Number (FEIN) List other subsidiary Departments, Divisions or Units under your principal agency's jurisdiction who share the same FEIN and receives payment from the State of California. Dept/Division/Unit Complete Name Citywide Address Dept/Division/Unit Complete Name Address Dept/Division/Unit Complete Name Address Dept/Division/Unit Complete Name Address Contact Person I Melanie G. McCann Title Executive Director of Planning and Building Agency Phone number 714.667.2746 E-mail address mmccann@santa-ana.org Signature IDate 55B-19 EXHIBIT 3 STATE OF CALIFORNIA- BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY Gavin Newsom, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF FINANCIAL ASSISTANCE 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2771 1 FAX (916) 263-2763 www.hcd.ca.00v January 27, 2020 MEMORANDUM FOR: All Potential Applicants FROM: Zachary Olmstead, Deputy Director Division of Housing Policy Development Layxvmrr P` E (gyC • CIIMOR��• SUBJECT: NOTICE OF FUNDING AVAILABILITY - LOCAL EARLY ACTION PLANNING GRANTS PROGRAM The California Department of Housing and Community Development (Department) is pleased to announce the release of this Notice of Funding Availability (NOFA) for approximately $119,040,000 as part of the Local Early Action Planning Grants Program (LEAP or Program). LEAP is made available as a portion of the Local Government Planning Support Grants Program pursuant to Chapter 3.1 of Health and Safety Code (Sections 50515 to 50515.05) (Chapter 159, Statutes of 2019). LEAP provides funding to jurisdictions for the preparation and adoption of planning documents, process improvements that accelerate housing production, and facilitate compliance in implementing the sixth cycle of the regional housing need assessment (RHNA). In order to be eligible for grant funding, an applicant must submit a completed, signed original application and an electronic copy on CD or USB flash drive. Applications will be accepted on an Over -the -Counter (OTC) basis as of the date of this NOFA through July 1, 2020. The Department encourages early applications and will accept applications post -marked by the July 1, 2020 deadline. Applicants may utilize various carrier services, such as the U.S. Postal Service, UPS, FedEx, or other carrier services. All applications must be submitted to the Department at the following address: California Department of Housing and Community Development Division of Housing Policy Development 2020 West El Camino Ave, Suite 500 Sacramento, CA 95833 Program applications, forms and instructions are available on the Department's website at https://www.hcd.ca.gov/qrants-funding/active-funding/leap.shtml. If you have questions regarding this NOFA, please email the Department at EarlyActionPlanning(c)hcd.ca.gov. Attachment 55B-20 LOCAL EARLY ACTION PLANNING GRANTS PROGRAM (LEAP) 2020 NOTICE OF FUNDING AVAILABILITY State of California Governor Gavin Newsom Alexis Podesta, Secretary Business, Consumer Services and Housing Agency Douglas R. McCauley, Acting Director California Department of Housing and Community Development Zachary Olmstead, Deputy Director California Department of Housing and Community Development Division of Housing Policy Development 2020 West El Camino Avenue, Suite 500 Sacramento, CA 95833 Telephone: (916) 263-2911 Website: https://www.hcd.ca.gov/grants-funding/active-funding/leap.shtml Email: EarlyActionPlanningc-)hcd.ca.gov January 27, 2020 55B-21 Table of Contents VI. Eligible Applicants..................................................................................................3 VI I. Eligible Activities.....................................................................................................4 VIII. Ineligible Activities..................................................................................................6 IX. Eligible Uses...........................................................................................................7 X. Ineligible Uses........................................................................................................7 XI. Application Requirements.......................................................................................7 XII. Application Submission Requirements...................................................................8 XIII. Application Review.................................................................................................8 XIV. Award Letter and Standard Agreement..................................................................9 XV. Appeals..................................................................................................................9 /:I9W_r a Nl XVII. Right to Modify or Suspend the NOFA, and Final Decision -making ...... ............... 13 XVIII. Definitions.............................................................................................................14 55B-22 2019 NOTICE OF FUNDING AVAILABILITY LOCAL EARLY ACTION PLANNING GRANTS PROGRAM I. Introduction The California Department of Housing and Community Development (Department) is pleased to announce the release of this Notice of Funding Availability (NOFA) for approximately $119,040,000 as part of the Local Early Action Planning Grants Program (LEAP or Program). LEAP is made available as a portion of the Local Government Planning Support Grants Program pursuant to Chapter 3.1 of Health and Safety Code (Sections 50515.03 (Chapter 159, Statutes of 2019). The Program provides funding to jurisdictions for the preparation and adoption of planning documents, process improvements that accelerate housing production, and facilitate compliance in implementing the sixth cycle of the RHNA. II. Authority and Scope This NOFA is authorized pursuant to Chapter 3.1 of Health and Safety Code (Sections 50515 to 50515.05). The NOFA implements, interprets, and makes specific provisions for purposes of implementing planning grants to jurisdictions pursuant to 50515.03 (hereinafter "LEAP"). This NOFA establishes terms, conditions, forms, procedures and other mechanisms as the Department deems necessary to exercise the powers and perform the duties conferred by Chapter 3.1. 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) Further, the Department may implement the Program through the issuance of forms, guidelines, and one or more NOFAs, as the Department deems necessary, to exercise the powers and perform the duties conferred on it by this chapter. Any forms, guidelines, and notices of funding availability adopted pursuant to this section are hereby exempted from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Health and Safety Code Section 50515.04(f)). The Department reserves the right, at its sole discretion, to suspend or amend the provisions of this NOFA, including, but not limited to, grant award amounts. CA HCD Notice of Funding Availability 56B-23 Local Early Action Planning Grants 2020 III. Program Summary The Local Early Action Planning Grants Program (LEAP or Program) is part of the broader Program formerly known as the Local Government Planning Support Grants Program, which was established as part of the 2019-20 Budget Act. The 2019-20 Budget Act provides a spectrum of support, incentives, resources and accountability to meet California's housing goals. Some specific elements include: • Planning Support (local and regional planning grants) • Incentives (Prohousing preference and infill incentive grants) • Funding Resources • Accountability (penalties for noncompliant housing plans) • Reform (collaborative processes to reform regional housing needs) The Local Government Planning Support Grants Program provides one-time grant funding to regions and jurisdictions for technical assistance, preparation and adoption of planning documents, and process improvements. The over -arching goals of the Program are to (1) accelerate housing production; and (2) facilitate compliance to implement the sixth cycle of the regional housing need assessment (RHNA). IV. Program Timeline Grants will be available to eligible applicants on a noncompetitive, Over -the - Counter (OTC) basis. Applications will be accepted from the date of the release of this NOFA and up until July 1, 2020. See Table 1 below for the anticipated timeline for awards for the OTC period. Event Date NOFA Release January 27, 2020 NOFA Application Webinar February 14, 2020 NOFA Application Workshops February and March 2020 Final Due Date for OTC Applications July 1, 2020 Technical Assistance February 2020 through December 31, 2023 Expenditure Deadline December 31, 2023 CA HCD Notice of Funding Availability 56B-24 Local Early Action Planning Grants 2020 The Department will review applications within 30 days and target award of applications within 60 days, with subsequent Standard Agreements processed within 60 days of award. Applicants are encouraged to submit early in the application window. The Department will hold workshops and a webinar to review the LEAP NOFA and application and will be conducting technical assistance to aid applicants throughout the OTC period and implementation of the grant. For a list of dates, times, and locations for the workshops as well as information on technical assistance, please visit the Department's website at https://www. hcd.ca.gov/grants-funding/active-funding/leap.shtml. V. Award Amounts This Program will make $119,040,000 dollars available to jurisdictions for Program implementation, including state operations and expenditures, and technical assistance. Maximum award amounts are based on population estimates as of January 1, 2019.' The minimum award amount is $25,000. The maximum amount that a jurisdiction may receive pursuant to this subdivision shall be as follows: Jurisdiction Size (in population) Maximum Award Amount 750,000 or greater $1,500,000 300,000 to 749,999 $750,000 100,000 to 299,999 $500,000 60,000 to 99,999 $300,000 20,000 to 59,999 $150,000 Less than 20,000 $65,000 Applicants seeking partnerships with other local governments will be additive. For example, two jurisdictions between 100,000 and 299,999 people could submit a proposal for up to $1.0 million. Eligible Applicants Eligible applicants are limited to local governments, i.e., cities and counties. However, local governments may partner through legally binding agreements with other forms of governments or entities where the proposal will have a direct effect 1 Population estimates, posted as of January 1, 2019, are based on the Department of Finance E-1 report. Official maximum amounts per jurisdiction can be found at the Department's website at httpsI/www.hcd.ca.gov/grants- fund i ng/active-fundi na/leap.shtml . CA HCD Notice of Funding Availability 56B-25 Local Early Action Planning Grants 2020 on land -use or development within the participating localities. This includes, but is not limited to, partnerships with other localities, regional governments, housing authorities, school districts, special districts, community -based organizations, or any duly constituted governing body of an Indian Reservation or Rancheria. 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. VII. Eligible Activities Eligible activities must demonstrate an increase in housing related planning activities and facilitate accelerated housing production. Eligible activities may be part of a larger planning effort (e.g., a comprehensive zoning code update) if proposed activities have not been completed prior to the NOFA date, are distinct, and demonstrate a nexus to accelerating housing production. Eligible activities are not necessarily jurisdiction -wide and may include a smaller geography with a significant impact on housing production. For example, eligible activities may include a housing development -related project with a significant community level impact, or planning or process improvement for a project with an ongoing community impact beyond the project. Eligible activities may include a variety of planning documents and processes, including, but not limited to, the following as set forth in Health and Safety Code section 50515.03(c): 1. Rezoning and encouraging development by updating planning documents and zoning ordinances, such as General Plans, community plans, specific plans, implementation of sustainable communities' strategies, and local coastal programs; 2. Completing environmental clearance to eliminate the need for project - specific review; 3. Establishing housing incentive zones or other area -based housing incentives beyond State Density Bonus Law such as a workforce housing opportunity zone pursuant to Article 10.10 (commencing with Section 65620) of Chapter 3 of Division 1 of Title 7 of the Government Code, or a housing sustainability district pursuant to Chapter 11 (commencing with Section 66200) of Division 1 of Title 7 of the Government Code; 4. Performing infrastructure planning, including for sewers, water systems, transit, roads, or other public facilities necessary to support new housing and new residents; 5. Planning documents to promote development of publicly -owned land, such as partnering with other local entities to identify and prepare excess or surplus property for residential development; 6. Revamping local planning processes to speed up housing production; 7. Developing or improving an accessory dwelling unit ordinance in compliance with Section 65852.2 of the Government Code; 8. Planning documents for a smaller geography (less than jurisdiction -wide) with a significant impact on housing production, including an overlay district, project level specific plan, or development standards modifications proposed for significant areas of a locality, such as corridors, downtown or priority growth areas; CA HCD Notice of Funding Availability 56B-26 Local Early Action Planning Grants 2020 9. Rezoning to meet requirements pursuant to Gov. Code Section 65583(c)(1), and other rezoning efforts to comply with Housing Element requirements, including Gov. Code Section 65583.2(c) (AB 1397, Statutes of 2018); 10. Upzoning or other implementation measures to intensify land use patterns in strategic locations, such as close proximity to transit, jobs or other amenities; 11. Rezoning for multifamily housing in high resource areas (according to Tax Credit Allocation Committee/Housing Community Development Opportunity Area Maps); 12. Establishing pre -approved architectural and site plans; 13. Preparing and adopting Housing Elements of the General Plan that include an implementation component to facilitate compliance with the sixth cycle RHNA; 14.Adopting planning documents to coordinate with suballocations under Regional Early Action Planning Grants (REAP) pursuant to Health and Safety Code Section 50515.02(f) that accommodate the development of housing and infrastructure, and accelerate housing production in a way that aligns with state planning priorities, housing, transportation equity and climate goals, including hazard mitigation or climate adaptation; 15. Zoning for by -right supportive housing, pursuant to Gov. Code section 65651 (Chapter 753, Statutes of 2018); 16. Zoning incentives for housing for persons with special needs, including persons with developmental disabilities; 17. Planning documents related to carrying out a local or regional housing trust fund; 18. Environmental hazard assessments; data collection on permit tracking; feasibility studies, site analysis, or other background studies that are ancillary (e.g., less than 15 percent of the total grant amount) and part of a proposed activity with a nexus to accelerating housing production; and 19.Other planning documents or process improvements that demonstrate an increase in housing related planning activities and facilitate accelerating housing production; and 20. Establishing Prohousing Policies, as follows: Prohousing Policies The Department encourages applicants to consider LEAP funds to facilitate designation as a Prohousing jurisdiction. The 2019-20 Budget Act requires the Department to develop the Prohousing designation emergency regulations by no later than July 1, 2021. This program will allow the Department to designate jurisdictions as "Prohousing," when they demonstrate policies and strategies to accelerate housing production. In turn, Prohousing jurisdictions will be awarded additional points or preference in programs such as the Affordable Housing and Sustainable Communities (AHSC), Transformative Climate Communities (TCC), Infill Infrastructure Grant (IIG) programs and other state funding programs. The Department anticipates developing emergency regulations and Prohousing designations prior to July 1, 2021, and will seek to designate jurisdictions prior to future rounds of AHSC, TCC and IIG CA HCD Notice of Funding Availability 56B-27 Local Early Action Planning Grants 2020 programs. Pursuant to Gov. Code Section 65589.9(f)(2), "Prohousing" policies mean policies that facilitate the planning, approval, or construction of housing. These policies may include, but are not limited to, the following: A. Planning for local financial incentives for housing, including, but not limited to, establishing a local housing trust fund; B. Reducing parking requirements for sites that are zoned for residential development; C. Adoption of zoning allowing for use by right for residential and mixed - use development; D. Zoning more sites for residential development or zoning sites at higher densities than is required to accommodate the minimum existing RHNA for the current Housing Element cycle; E. Adoption of accessory dwelling unit ordinances or other mechanisms that reduce barriers for property owners to create accessory dwelling units beyond the requirements outlined in Section 65852.2, as determined by the Department; F. Process improvements that reduce permit processing time; G. Creating of objective development standards; H. Studies and implementing actions that reduce development impact fees; and I. Establishing a Workforce Housing Opportunity Zone, as defined in Section 65620, or a housing sustainability district, as defined in Section 66200." Vill. Ineligible Activities 1. Activities unrelated to preparation and adoption of planning documents, and process improvements to accelerate housing production and facilitate compliance to implement the sixth cycle of the RHNA; 2. Activities that obstruct or hinder housing production, e.g., moratoriums, downzoning, planning documents with conditional use permits that significantly impact supply, cost, approval certainty and timing, planned development, or other similarly constraining processes; and 3. Project specific planning documents that do not have a significant impact on accelerating housing production or significant community level or re- occurring benefit beyond the project. 4. The Department may consider proposals that are combined with larger proposals that have a positive housing component and the net effect on accelerating housing production is significant. For example, an applicant may propose combining an open -space designation, downzoning, or anti - displacement measures with by -right upzoning that has a significant net gain in housing capacity. CA HCD Notice of Funding Availability 56B-28 Local Early Action Planning Grants 2020 IX. Eligible Uses 1. Grant funds may cover the costs of temporary staffing or consultant needs associated with eligible activities; 2. Grant funds shall be used for the costs of preparing and adopting the proposed activity; 3. A jurisdiction that receives funds under this Program may use a subcontractor. The subcontract shall provide for compliance with all the requirements of the Program. The subcontract shall not relieve the jurisdiction of its responsibilities under the Program; 4. Eligible expenditures may be incurred and expended for the project(s) subject to the terms and conditions of the Standard Agreement; and 5. Only approved and eligible costs incurred for work after the NOFA date, continued past the date of the Standard Agreement, and completed during the grant term, will be reimbursable. X. Ineligible Uses 1. Program grant funds may not be used for administrative costs of persons employed by the grantee for activities not directly related to the preparation and adoption of the proposed activity; 2. No more than 5 percent of the grant amount may be used for administrative costs for any proposed use, to be approved by the Department upon disbursement; and 3. Approved and eligible costs incurred prior to the NOFA date are ineligible. XI. Application Requirements Until July 1, 2020, a jurisdiction may request an allocation of funds pursuant to this section by submitting a complete application to the Department that demonstrates: 1. A budget, including timelines, deliverables, sub -steps and adoption, that demonstrates funds will be utilized for eligible activities and uses; 2. How proposed activities will increase housing planning and facilitate accelerating local housing production; 3. Completed or proposed activities consistent with the state or other planning priorities; and 4. All other required information contained in the Department's application Applicants will demonstrate consistency with these requirements utilizing the forms and manner prescribed in the Department application. Accelerating Housing Production: Applicants must propose and document plans or processes that increase housing planning and facilitate accelerating local housing production. The application must demonstrate a significant positive effect on accelerating housing production through timing, cost, approval certainty, entitlement streamlining, feasibility, infrastructure capacity, or impact on housing CA HCD Notice of Funding Availability 56B-29 Local Early Action Planning Grants 2020 supply and affordability. An application must include an explanation and documentation of the nexus to accelerating housing production based on a reasonable and verifiable methodology and must utilize the Department's form (see the Department's application). A verifiable methodology may include a statement of support from a non-profit or for -profit developer that is active in the locality. State and Other Planning Priorities: Consistency with state or other planning priorities may be demonstrated through proposed activities in the application OR activities that were completed within the last five years. Applicants must self - certify utilizing the Department's form (see Department's application). XI I. Application Submission Requirements In order to be eligible for grant funding, an applicant must submit a completed, signed original application and an electronic copy on CD or USB flash drive. Applications will be accepted on an OTC basis as of the date of this NOFA through July 1, 2020. The Department encourages early applications and will accept applications post -marked by the July 1, 2020 deadline. Applicants may utilize various carrier services, such as the U.S. Postal Service, UPS, FedEx, or other carrier services. All applications must be submitted to the Department at the following address: California Department of Housing and Community Development Division of Housing Policy Development 2020 West El Camino Ave, Suite 500 Sacramento, CA 95833 Applications must be on Department forms and cannot be altered or modified by the applicant. Program applications and forms are available on the Department's website located at https://www.hcd.ca.gov/grants-funding/active- funding/leap.shtml. XIII. Application Review 1. The Program will not utilize a competitive process to award funds. 2. Funds will be available to eligible applicants on a rolling OTC basis that begins as of the date of this NOFA and ends July 1, 2020. 3. An application form will be available upon release of the NOFA and will include forms to demonstrate meeting eligibility requirements such as, among other forms, a resolution, a proposed budget and timeline table and self - certified attachments demonstrating a nexus to housing production and consistency with state planning and other priorities; 4. Applications will first be reviewed for, among other things, completeness, eligibility requirements, and accuracy; 5. In order to be considered complete, an application must contain requested CA HCD Notice of Funding Availability 56B-30 Local Early Action Planning Grants 2020 M LTJ XV information and supporting documentation where appropriate; 6. All applications must meet the eligibility requirements as specified in this NOFA; 7. If the application is ineligible, it will not be considered for funding, but may be amended and resubmitted; 8. The Department may request additional information to complete and approve the application for funding; 9. Applications recommended for funding are subject to conditions specified by the Department; 10.Applications will be reviewed within 30 days from the date the Department receives the application; and 11.AII applicants not meeting the eligibility requirements will be informed within 30 days from the date the Department receives the application. Award Letter and Standard Agreement Successful applicants will receive an Award Letter from the Department and will be awarded funds. Applicants will enter into a state Standard Agreement (Standard Agreement) for distribution of funds. The Standard Agreement process will specify, among other things, the amount of funds granted, timeline for expenditure of funds, and the approved use of funds. Expenditure report dates and other requirements will also be identified in the Standard Agreement. Appeals Basis of Appeals: A. Upon receipt of the Department's notice deeming an application incomplete or ineligible, applicants under this NOFA may appeal such decision(s) to the Department Director. B. The decision of the Director is final and not subject to further administrative or judicial review. C. No applicant shall have the right to appeal a decision of the Department relating to another applicant's eligibility, award, denial of award, or any other related matter. 2. Appeals Process and Deadlines: A. Process. In order to lodge an appeal, applicants must submit to the Director by the deadline set forth in subsection (b) below, a written appeal which states all relevant facts, arguments, and evidence upon which the appeal is based. No new or additional information will be accepted. Once the written appeal is submitted to the Director, no further information or materials is required to be accepted or considered thereafter. Appeals are to be submitted to the Director at following address: CA HCD Notice of Funding Availability 59B-31 Local Early Action Planning Grants 2020 California Department of Housing and Community Development Division of Housing Policy Development 2020 W. El Camino Avenue, Suite 500 Sacramento, California 95833 EarlyActionPlanning(a�hcd.ca.gov The Director will accept appeals delivered through a carrier service such as the U.S. Postal Service, UPS, Fed -Ex, or other carrier services that provide date stamp verification of delivery. Deliveries must be received during the Department's weekday (non -state holiday) business hours of 9:00 a.m. to 5:00 p.m. Pacific Standard Time. Additionally, emails to the email address listed above will be accepted if the email time stamp is prior to the appeal deadline. B. Filing Deadline. Appeals must be received by the Director no later than (5) five business days from the date of the Department's determination. 3. Decision: Any request to amend the Department's decision shall be reviewed for compliance with this NOFA and its application. The Director shall render his/her decision in writing within fifteen (15) business days of receipt of the applicant's written appeal. The decision of the Director shall be the Department's final decision, and shall not be appealable to any court or tribunal. I:��l der ul TT'iT13iFiiIMM 1. Grant Execution and Term A. The Department will notify the grantee if they have been selected for a grant award; B. After the Standard Agreement has been drawn, the grantee will be provided instructions for signing all required documents. The grantee must submit all supporting materials and a signed Standard Agreement within the timeline provided in the instructions, or risk forfeiting the grant award; C. The grant term begins on the day the Department and the grantee have fully executed the Standard Agreement. The Department will notify the grantee and partners when work may proceed under the agreement. However, eligible activities that are approved by the Department may be retroactively reimbursed to the date of the NOFA; and D. The end of the grant term will be determined by the state based on the availability of grant funds and the administrative requirements for liquidation. CA HCD Notice of Funding Availability 568-32 Local Early Action Planning Grants 2020 2. Payment and Accounting of Grant Funds A. Grant funds cannot be disbursed until the Standard Agreement has been fully executed; B. The grantee will be responsible for compiling and submitting all invoices and reporting documents. Grantees will submit for reimbursements to the Department based on actual cost incurred; C. The grantee must bill the state based on clear deliverables outlined in the Standard Agreement or budget timeline. Only approved and eligible costs incurred for work after the NOFA date, continued past the date of the Standard Agreement, and completed and processed prior to the expenditure deadline, will be reimbursable. Approved and eligible costs incurred prior to the NOFA date are ineligible; D. Work must be completed prior to requesting reimbursement; E. Grant fund payment will be made on a reimbursement basis; advance payments are not allowed. The grantee and partners must have adequate cash flow to pay all grant -related expenses prior to requesting reimbursement from the Department. Project invoices will be submitted to the Department by the grantee on a quarterly basis; F. In unusual circumstances, the Department may consider alternative arrangements to reimbursement and payment methods based on documentation demonstrating cost burdens, including the inability to pay for work; G. Supporting documentation may include, but is not limited to: receipts, progress payments, subcontractor invoices, time cards, etc.; H. Invoices must be accompanied by reporting materials where appropriate. Invoices without the appropriate reporting materials will not be paid. The Department may withhold 10 percent of the grant until grant terms have been fulfilled; and I. Each recipient of funds under the Program shall expend those funds no later than December 31, 2023. 3. Accounting Records and Audits A. The grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the budget and timeline. Separate bank accounts are not required; B. The grantee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the course of the project, in accordance with generally accepted accounting principles; C. The grantee agrees that the state or designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Standard Agreement; D. The grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated; E. Subcontractors employed by the grantee and paid with moneys under the CA HCD Notice of Funding Availability 5t'13-33 Local Early Action Planning Grants 2020 terms of this Standard Agreement shall be responsible for maintaining accounting records as specified above; F. At any time during the term of the Standard Agreement, the Department may perform, or cause to be performed, a financial audit of any and all phases of the award. At the Department's request, the awardee shall provide, at its own expense, a financial audit prepared by a certified public accountant. The State of California has the right to review project documents and conduct audits during project implementation and over the project life; G. The Department may request additional information, as needed, to meet other applicable audit requirements; and H. The Department may monitor expenditures and activities of an applicant, as the Department deems necessary, to ensure compliance with Program requirements. 4. Remedies of Nonperformance A. In the event that it is determined, at the sole discretion of the state, that the grantee is not meeting the terms and conditions of the Standard Agreement, immediately upon receiving a written notice from the Department to stop work, the grantee shall cease all work under the Standard Agreement. The Department has the sole discretion to determine that the grantee meets the terms and conditions after a stop work order, and to deliver a written notice to the grantee to resume work under the Standard Agreement; B. Both the grantee and the Department have the right to terminate the Standard Agreement at any time upon 30 days written notice. The notice shall specify the reason for early termination and may permit the grantee or the Department to rectify any deficiency(ies) prior to the early termination date. The grantee will submit any requested documents to the Department within 30 days of the early termination notice; and C. There must be a strong implementation component for the funded activity through this Program, including, where appropriate, agreement by the locality to formally adopt the completed planning document. Localities that do not formally adopt the funded activity could be subject to repayment of the grant. D. The Department may, as it deems appropriate or necessary, request the repayment of funds from an applicant, or pursue any other remedies available to it by law for failure to comply with Program requirements (Health and Safety Code section 50515.04(e). 5. Reporting A. At any time during the term of the Standard Agreement, the Department may request a performance report that demonstrates satisfaction of all requirements identified in the Standard Agreement with emphasis on eligible activities, eligible uses, ineligible uses, and expenditures, according to timelines and budgets referenced in the Standard Agreement; B. Awardees shall submit a report, in the form and manner prescribed by CA HCD Notice of Funding Availability 56%-34 Local Early Action Planning Grants 2020 XVII. the Department, to be made publicly available on its internet website, by April 1 of the year following the receipt of those funds, and annually thereafter until those funds are expended, that contains the following information: • The status of the proposed uses listed in the entity's application for funding and the corresponding impact on housing within the region or jurisdiction; and • A summary of building permits, certificates of occupancy, or other completed entitlements issued by entities within the region, or by the jurisdiction, as applicable. C. The awardee must, in lieu of a separate report, provide the above described information as part of its annual report pursuant to Gov. Code Section 65400; D. The Department may request additional information, as needed, to meet other applicable reporting requirements; E. Upon completion of all deliverables within the Standard Agreement, the awardee shall submit a close out report. See Attachment 1; and F. The Department shall maintain records of the following and provide that information publicly on its internet website: The name of each applicant for Program funds and the status of that entity's application; The number of applications for Program funding received by the Department; and The information described in 5(B) above for each recipient of Program funds. Right to Modify or Suspend the NOFA, and Final Decision -making The Department reserves the right, at is 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. You may subscribe to the Department's email list here: http://www.hcd.ca.gov/HCD SSI/subscribe-form.html. Further, 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. CA HCD Notice of Funding Availability 56kb-35 Local Early Action Planning Grants 2020 XVIII. Definitions All terms not defined below shall, unless their context suggests otherwise, be interpreted in accordance with the meanings of terms described in Health and Safety Code section 50470. A. "Accelerating Housing Production" means improving the timing, cost, feasibility, approval and amount of development through various mechanisms such as zoning incentives (e.g., increased density and heights, reduced parking requirements), upzoning, zoning amendments to permit residential in non-residential zones, corridor planning, development standards modifications, non -discretionary review, financing strategies, sliding scale fee modifications, facilitating adequate infrastructure to support development, approval streamlining that addresses quickness and ease of entitlements, and other mechanisms that promote production or remove or mitigate regulatory barriers. B. "Affordability" means a housing unit that satisfies at least one of the following criteria: It is available at an "affordable rent' as that term is used and defined in Section 50053 of the Health & Safety Code; 2. It is offered at an "affordable housing cost', as that term is used and defined in Section 50052.5 of the Health & Safety Code; or 3. It is available at an "affordable rent' or an "affordable housing cost' according to the alternative percentages of income for agency -assisted rental and cooperative housing developments pursuant to Department regulations adopted under Health and Safety Code section 50462(f). C. "Annual Progress Report' (APR) means the annual report required to be submitted to the Department pursuant to paragraph (2) of subdivision (a) of Section 65400 of the Government Code. D. "Completed entitlement' means a housing development project that has received all the required land use approvals or entitlements necessary for the issuance of a building permit and for which no additional action, including environmental review or appeals, is required to be eligible to apply for and obtain a building permit. E. "Council of governments" means a single or multicounty council created by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code that is responsible for allocating regional housing need pursuant to Sections 65584, 65584.04, and 65584.05 of the Government Code. F. "Department' means the California Department of Housing and Community Development. CA HCD Notice of Funding Availability 58t-36 Local Early Action Planning Grants 2020 G. "Housing" means any development that satisfies both of the following criteria: 1. At least two-thirds of the square footage of the development must be designated for residential use; and 2. Includes a house, an apartment, a mobile home or trailer, a group of rooms, or a single room that is occupied as separate living quarters, or, if vacant, is intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live separately from any other individuals in the building, and which have a direct access from the outside of the building, or through a common hall. Note: accessory dwelling units (ADU) and junior accessory dwelling units (JADU) pursuant to Gov. Code sections 65852.2 and 65852.22 meet the definition above. H. "Housing Element" or "element" means the Housing Element of a community's General Plan, as required pursuant to subdivision (c) of Section 65302 of the Government Code and prepared in accordance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. I. "Jurisdiction" means any city, including a charter city, county, including a charter county or city and county, including a charter city and county. J. "Local government" or "Locality" means any city, including a charter city, county, including a charter county or city and county, including a charter city and county. K. "Objective zoning standard", "objective subdivision standard", and "objective design review standard" means standards that involve no personal or subjective judgment by a public official, and are uniformly verifiable by reference to an external and uniform benchmark or criterion available, and knowable by both the development applicant or proponent and the public official prior to submittal. "Objective design review standards" means only objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, which are broadly applicable to development within the jurisdiction. L. "Other Planning Priorities" means planning, policies, programs or investments to promote housing choices and affordability to lower and moderate income households, the encouragement of conservation of the existing affordable housing stock, and efforts to take into account current and future impacts of climate change, including hazard mitigation. M. "Regional housing need assessment" means the existing and projected need for housing for each region, as determined by the Department pursuant to Section 65584.01 of the Government Code. CA HCD Notice of Funding Availability 5bvB-37 Local Early Action Planning Grants 2020 N. "State Planning Priorities" means priorities which are intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety in the state, including in urban, suburban, and rural communities pursuant to Gov. Code Section 65041.1. O. "Streamlined Housing Production" means improving the entitlement process through actions such as removing, mitigating or minimizing local regulatory requirements, reforming the local approval process to reduce processing times, the number of local discretionary approvals and permits needed for projects, improving approval certainty, establishing non -discretionary processes, modifying development standards, such as reducing parking requirements and increasing height limits, or other efforts, such as taking the fullest advantage of existing streamlining mechanisms provided in state law. CA HCD Notice of Funding Availability 5bl'B-38 Local Early Action Planning Grants 2020 Attachment 1 Close Out Reporting Form CA HCD Notice of Funding Availability 566-39 Local Early Action Planning Grants 2020 LEAP Grant Close Out Reporting Template Brief Summary • Overview of the project • Project start date and duration • Project goals and relevance to LEAP goals • Quantified outcomes Lead Agency and Partnerships • List lead agency and partnerships (including names, titles, organizations, and roles and responsibilities of each) • What did those collaborative relationships and processes look like? Drivers • Did any local, state, or federal legislation or mandates drive the project? (SB 35, AB 1397, etc.) • Was it a community driven effort? • Were there additional funding opportunities present? Engagement Process • Who were your stakeholders? • What did the engagement process look like? • What role did stakeholders play in the process? (Keep in mind: training, education, council formation, technical assistance, etc.) • What were the outcomes of the engagement process? Challenges • What challenges were encountered? • What solutions were encountered or created? . Are there areas for improvement of policy alignment at the state or federal level to help achieve this project more easily? CA HCD Notice of Funding Availability 56%-40 Local Early Action Planning Grants 2020 LEAP Grant Close Out Reporting Template Outcomes • What are the current or projected outcomes? Benefits? • Were outcomes as anticipated? • Have new opportunities arisen as a result of this project? • What are the next steps? Replicability • What aspects of the project could be replicated in other communities? • Useful resources and tools? For a specific region or sector? Additional Resources • Links to the project itself • Links to resources used throughout and any other relevant resources Further Information • Who can be reached to ask more questions about this project? . Name • Number and/or email CA HCD Notice of Funding Availability 56 % 1 Local Early Action Planning Grants 2020