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CC Resolution No. 19-137 Authorizing Application for, and Receipt of, SB 2 Planning Grants Program Funds RESOLUTION NO. 19-137 A RESOLUTION OF THE CUPERTINO CITY COUNCIL AUTHORIZING APPLICATION FOR,AND RECEIPT OF, SB 2 PLANNING GRANTS PROGRAM FUNDS WHEREAS, the State of California, Department of Housing and Community Development (Department) has issued a Notice of Funding Availability (NOFA) dated March 28, 2019, for its Planning Grants Program (PGP); and WHEREAS, the City Council of the City of Cupertino desires to submit a project application for the PGP program to accelerate the production of housing and will submit a 2019 PGP grant application as described in the Planning Grants Program NOFA and SB 2 Planning Grants Program Guidelines released by the Department for the PGP Program; and WHEREAS, the Department is authorized to provide up to$123 million under the SB 2 Planning Grants Program from the Building Homes and Jobs Trust Fund for assistance to Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)) related to the PGP Program. NOW, THEREFORE, THE CITY COUNCILOF THE CITY OF CUPERTINO RESOLVES AS FOLLOWS: SECTION 1. The City Council is hereby authorized and directed to apply for and submit to the Department the 2019 Planning Grants Program application in the amount of$310,000; and ,I SECTION 2. In connection with the PGP grant, if the application is approved by the Department,the City Manager is authorized to enter into, execute, and deliver a State of California Agreement(Standard Agreement)for the amount of$310,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the PGP grant, the City's obligations related thereto, and all amendments thereto (collectively, the "PGP Grant Documents"); and j I SECTION 3. The City shall be subject to the terms and conditions as specified in the Standard Agreement, the SB 2 Planning Grants Program Guidelines, and any applicable PGP guidelines published by the Department. Funds are to be used for t allowable expenditures as specifically identified in the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all Resolution No. 19-137 Page 2 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 by the Department and in accordance with the Planning Grants NOFA, the Planning Grants Program Guidelines, and 2019 Planning Grants Program Application; and SECTION 4. The City Manager is authorized to execute the City of Cupertino Planning Grants Program application, the PGP Grant Documents, and any amendments thereto, on behalf of the City as required by the Department for j receipt of the PGP Grant. i PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of November 2019,by the following vote: Vote Members of the City Council AYES: Scharf, Chao, Paul, Willey NOES: None ABSENT: Sinks ABSTAIN: None SIGNED: Steven Scharf,Mayor Date City of Cupertino ATTEST: Grace Schmidt, City Clerk Date ___� SB 2 Planning Grants Program Application 110 me V• II II State of California Governor Gavin Newsom Alexis Podesta, Secretary Business, Consumer Services and Housing Agency Ben Metcalf, Director Department of Housing and Community Development 2020 West El Camino, Suite 500 Sacramento, CA 95833 Website: http://www.hcd.ca.gov/grants-funding/active-funding/planning- grants.shtml Email: sb2planninggrant(q-).hcd.ca.qov March 28, 2019 Revised July 10, 2019 SB 2 Planning Grants Application Planning Grants Program Application Packaging Instructions The applicant is applying to the Department of Housing and Community Development (Department) for a grant authorized underneath the Planning Grants Program (PGP) provisions of SB 2 (Chapter 364, Statutes of 2017). The PGP program is intended for the preparation, adoption, and implementation of plans that streamline housing approvals and accelerate housing production. Please refer to the SB 2 Planning Grants Program Guidelines and Notice of Funding Availability (NOFA) for detailed information on eligible activities, applicants, and awards. If you have questions regarding this application or the PGP, email sb2planninggrant(cD_hcd.ca.gov. If approved for funding, this grant application will be a 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. Pursuant to Section X of the NOFA, all applicants must submit a complete, signed, original application package and an electronic copy on CD or USB flash drive containing the following documentation, in the order listed below, to the Department by the specified due date in the Notice of Funding Availability (NOFA) in order to be considered for award: 1) A complete, signed, original application (the Department will only accept this fillable pdf as the application) with the following attachments: a. Attachment 1: State and Other Planning Priorities (All applicants must submit this form to self-certify compliance) b. Attachment 2: Nexus to Accelerating Housing Production - NOTE: if the applicant is proposing only Priority Policy Areas (PPA), as defined in section VIII, subsection (3) of the NOFA, do not fill out Attachment 2. However, if the applicant is proposing to fund PPAs AND other activities that are not considered PPAs, the application must demonstrate how these other activities have a nexus to accelerating housing production by filling out Attachment 2 of this application. 2) A fully executed resolution authorizing application for, and receipt of, PGP funds (see Attachment 3: Sample Resolution). 3) A fully executed Government Agency Taxpayer ID Form (available as a download from the SB 2 Planning Grants webpage at http://www.hcd.ca.gov/grants- funding/active-funding/planning-grants.shtml). 4) If the applicant is partnering with another local government or other entity pursuant to Article II, Section 200 of the SB 2 Planning Grant Program Guidelines (the "Guidelines"), include a copy of the legally binding agreement. 5) Other documentation (e.g., letters of support, scope of work, etc.) if needed. NOTE: All local governments must submit a separate, signed application package, notwithstanding whether it will partner with another form of government or entity. Only one application per locality will be accepted by the Department. Joint applications are not allowed. CA-HCD SB 2 PGP Page 2 of 15 2019 Year-1 Grant Application SB 2 Planning Grants Application A. Applicant Information Pursuant to Article ll, Section 200 of the Guidelines, local governments may partner through legally binding agreements with other forms of governments or entities. However, all local governments must submit separate, signed application packages that identify theirrespective responsibilities and deliverables, even if partnering with other entities. Is the applicant partnering with another eligible local government entity? *Yes *If Yes, the application package must include a fully executed copy of the legally binding No agreement. Provide the partners'names) and type(s) below for reference only. Complete the following Applicant information Applicant's Name Applicant's Agency Type Applicant's Mailing Address City State California Zip Code County Website Authorized Representative Name Authorized Representative Title Phone Fax Email Contact Person Name Contact Person Title Phone Fax Email Partner(s) Name (if applicable) Partner Agency Type Partner(s) Name (if applicable) Partner Agency Type Proposed Grant Amount $ B. Applicant Certification As the official designated by the governing body, I hereby certify that if approved by HCD for funding through the Planning Grants Program (PGP), the assumes the responsibilities specified in the 2019 Notice of Funding Availability and PGP guidelines, and certifies that the information, statements, and other contents contained in this application are true and correct. Signature: Name: Date: Title: CA-HCD SB 2 PGP Page 3 of 15 2019 Year-1 Grant Application SB 2 Planning Grants Application C. Threshold Requirements Pursuant to Section 201(a) through (d) of the Guidelines, all applicants must meet the following threshold criteria in items 1-4 below to be eligible for an award. 1. Does the applicant have an adopted housing element found to be in substantial compliance by the Department on or before the date of the applicant's submission of their SB 2 Planning Grant application? Yes Date of HCD Review Letter: No ❑ The Applicant requests HCD to consider housing element compliance threshold as met due to significant progress achieved in meeting housing element requirements. 2. Has the applicant submitted to the Department the Annual Progress Report (APR) for the current or prior year on or before the date of submission of their SB 2 Planning Grant application? Yes APR Date Submitted 2017 CY Report 2018 CY Report Q No 3. Is the applicant utilizing one of the Priority Policy Areas listed below (as defined in section Vlll, subsection 3 of the NOFA)? *If the applicant is proposing only Priority Policy Areas, do not fill out Attachment 2. However, if ❑ *Yes the applicant is proposing to fund PPAs AND other activities that are not considered PPAs, the application must demonstrate how these other activities have a nexus to accelerating housing roduction by filling out Attachment 2 of this a oplication. Specific Plans or Housing related Rezone to permit Dwelling Units or Expedited Objective design form based codes Accessory infrastructure by-right and development coupled with other low-cost processing financing and fee standards CEQA reduction streamliningbuilding strategies strategies If an applicant is not proposing Priority Policy Areas, the application must include an explanation No and document the plans or processes'nexus and impact on accelerating housing production based on a reasonable and verifiable methodology and must submit Attachment 2 in the Application pursuant to section Vlll, subsection 3 of the NOFA. The applicant is proposing PPAs and other activities not considered PPAs and is demonstrating how these activities have a nexus to accelerating housing production by submitting Attachment 2. 4. Does the applicant demonstrate that the locality is consistent with State Yes No Planning or Other Priorities, as certified in Attachment I? T 1:71 *If No, consistency may be demonstrated through activities (not necessarily proposed for SB 2 funding) that were completed within the last five years, as certified in Attachment 1. 5. is a completed and signed resolution included with the application package? Yes No See Attachment 3, "Sample Resolution" I n CA-HCD SB 2 PGP Page 4 of 15 2019 Year-1 Grant Application SB 2 Planning Grants Application D. Proposed Activities Checklist (Section VI, items (1) through (17) of the NOFA) Check all activities the locality is undertaking for their PGP efforts below. Activities must match Section E. Project Description, and Section F. Timeline and Budget. 1 ❑ updates to general plans, community plans, specific plans, local planning related to implementation of sustainable communities strategies, or local coastal plans 2 updates to zoning ordinances 3 ❑ environmental analyses that eliminate the need for project-specific review 4 ❑ local process improvements that improve and expedite local planning a smaller geography with a significant impact on housing production including an overlay district, 5 ❑ project level specific plan or development standards modifications proposed for significant areas of a locality, such as corridors, downtown or priority growth areas 6 ❑ the creation or enhancement of a housing sustainability district pursuant to AB 73 (Chapter 371, Statutes of 2017 7 ❑ workforce housing opportunity zone pursuant to SB 540 (Chapter 369, Statutes of 2017) 8 ❑ zoning for by-right supportive housing, pursuant to Government Code section 65651 (Chapter 753, Statutes of 2018 9 Elzoning incentives for housing for persons with special needs, including persons with developmental disabilities 10 rezoning to meet requirements pursuant to Government Code Section 65583.2(c)and other rezoning efforts to facilitate supply and affordability 11 ❑ rezoning for multifamily housing in high resource areas (according to Tax Credit Allocation Comm ittee/Housing Community Development Opportunity Area Maps) 12 pre-approved architectural and site plans 13 ❑ regional housing trust fund plans 14 ❑ funding plans for SB 2 Year 2 going forward 15 infrastructure financing plans environmental hazard assessments; data collection on permit tracking; feasibility studies, site 16 ❑ analysis, or other background studies that are ancillary and part of a proposed activity with a nexus to accelerating housing production 17 ❑ Other activities demonstrating a nexus to accelerating housing production CA-HCD SB 2 PGP Page 5 of 15 2019 Year-1 Grant Application SB 2 Planning Grants Application E. Project Description Provide a description of the project and the scope of work to be performed below. Use Appendix A for additional information if necessary. Note: If partnering with another local government or entity, be sure to clarify the responsibilities and deliverables of your locality pursuant to such partnership. CA-HCD SB 2 PGP Page 6 of 15 2019 Year-1 Grant Application SB 2 Planning Grants Application F. Project Timeline and Budget Project Name Objective Responsible Party Est. Cost Begin End Applicant Partner Other Other Other Other Other Other Other Other Other Other Other Other Total Est. Cost $ 0 *Priority Policy Area (PPA) CA-HCD SB 2 PGP Page 7 of 15 2019 1 SB 2 Planning Grants Application G. Legislative Information District # Legislator Name Federal Congressional District State Assembly District State Senate District Applicants can find their respective State Senate representatives at https.11www.senate.ca.pov/, and their respective State Assembly representatives at https:llwww.assemblV.ca.gov/. CA-HCD SB 2 PGP Page 8 of 15 2019 Year-1 Grant Application SB 2 Planning Grants Application Attachment 1: State and Other Planning Priorities Certification (Page 1 of 3) Pursuant to Section 201(d) of the Guidelines, all applicants must demonstrate that the locality is consistent with State Planning or Other Planning Priorities by certifying that at least one activity was completed in 1) State Planning Priorities (i.e., lnfill and Equity, Resource Protection, Efficient Development Patterns) or 2) Other Planning Priorities (i.e., Affordability, Conservation, or Climate Change). Consistency may be demonstrated through activities (not necessarily proposed for SB 2 funding) that were completed within the last five years. Complete the following self-certification by selecting one or more of the policy areas in the following tables by inserting the date completed for each applicable action, briefly describing the action taken, and certifying. State Planning Priorities Date Completed Brief Description of the Action Taken Promote lnfill 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. Seek or utilize funding or support strategies to facilitate opportunities for infill development. 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 uni ue features and areas identified by the state as deserving s ecial protection. Actively seek a variety of funding opportunities to promote resource protection in underserved communities. 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 efficient) . CA-HCD SB 2 PGP Page 9 of 15 2019 Year-1 Grant Application SB 2 Planning Grants Application Attachment 1: 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 b adequate transportation and other essential utilities and services. (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. Upzoning or other zoning modifications to promote a variety of housing choices and densities. Utilizing surplus lands to promote affordable housing choices. Efforts to address infrastructure deficiencies in disadvantaged communities pursuant to Government Code Section 65302.10. Other(describe how this meets subarea objective) 7 CA-HCD SB 2 PGP Page 10 of 15 2019 Year-1 Grant Application SB 2 Planning Grants Application Attachment 1: 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 housing 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 miti ation. Long-term planning that addresses wildfire, land use for disadvantaged communities, and flood and local hazard mitigation. 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 State and Other Planning Priorities Certification I certify under penalty of perjury that all of the information contained in this PGP State Planning and Other Planning Priorities certification form (pages 9, 10, and 11 of this application) is true and correct. Certifying Officials Name: Certifying Official's Title: Certifying Official's Signature: Certification Date: CA-HCD SB 2 PGP Page 11 of 15 2019 Year-1 Grant Application SB 2 Planning Grants Application Attachment 2: Application Nexus to Accelerating Housing Production Fill out Attachment 2 only if the applicant answered "No" to item 3 in Section C or is utilizing Policy Priority Areas AND other activities not designated as such. Applicants answering "Yes"to question 3 in Section C and utilizing ONLYPriority Policy Areas are automatically deemed to demonstrate a nexus to accelerating housing production, and do not need to complete this form. Pursuant to section Vlll, subsection (4) of the NOFA, applicants shall demonstrate how the application includes a nexus to accelerating housing production. Please complete the following chart by providing information about the current conditions and expected outcomes with respect to the planned activity and housing production. Please attach documentation as necessary and see the NOFA for additional details. Quantify how the activity accelerates production below and use Appendix B to explain the activity and its nexus to accelerating housing production if necessary. Type (Select at least one) *Baseline *'"Projected ***Difference Notes Timing (e.g., reduced number of processing days) Development cost(e.g., land, fees, financing, construction costs per unit) Approval certainty and reduction in discretionary review(e.g., prior versus proposed standard and level of discretion) Entitlement streamlining (e.g., number of approvals) Feasibility of development Infrastructure capacity (e.g., number of units) Impact on housing supply and affordability (e.g., number of units) *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) CA-HCD SB 2 PGP Page 12 of 15 2019 Year-1 Grant Application SB 2 Planning Grants Application Attachment 3: Sample Resolution RESOLUTION NO. 2019-XX A RESOLUTION OF THE [CITY COUNCIL/COUNTY BOARD OF SUPERVISORS] OF _[CITY, COUNTY NAME]_ AUTHORIZING APPLICATION FOR, AND RECEIPT OF, SB 2 PLANNING GRANTS PROGRAM FUNDS WHEREAS, the State of California, Department of Housing and Community Development(Department) has issued a Notice of Funding Availability(NOFA)dated March 28, 2019, for its Planning Grants Program (PGP); and WHEREAS, the[City Council/County Board of Supervisors]of (City/County)desires to submit a project application for the PGP program to accelerate the production of housing and will submit a 2019 PGP grant application as described in the Planning Grants Program NOFA and SB 2 Planning Grants Program Guidelines released by the Department for the PGP Program; and WHEREAS, the Department is authorized to provide up to$123 million under the SB 2 Planning Grants Program from the Building Homes and Jobs Trust Fund for assistance to Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017(SB 2)) related to the PGP Program. NOW, THEREFORE, THE[CITY COUNCIL/COUNTY BOARD OF SUPERVISORS] OF RESOLVES AS FOLLOWS: SECTION 1. The [City Council/County Board of Supervisors] is hereby authorized and directed to apply for and submit to the Department the 2019 Planning Grants Program application released March 28, 2019 in the amount of SECTION 2. In connection with the PGP grant, if the application is approved by the Department, the [insert designee title, e.g. City Manager, Executive Office, etc] is authorized to enter into, execute, and deliver a State of California Agreement(Standard Agreement)for the amount of$ , and any and all other documents required or deemed necessary or appropriate to evidence and secure the PGP grant, the [City/County's] obligations related thereto, and all amendments thereto(collectively, the "PGP Grant Documents"). SECTION 3. The [City/County] shall be subject to the terms and conditions as specified in the Standard Agreement, the SB 2 Planning Grants Program Guidelines, and any applicable PGP 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/County Board of Supervisors] hereby agrees to use the funds for eligible uses in the manner presented in the application as approved by the Department and in accordance with the Planning Grants NOFA, the Planning Grants Program Guidelines, and 2019 Planning Grants Program Application. SECTION 4. The [insert the title of City Council/County Board of Supervisors Executive or designee] is authorized to execute the [City/County] of Planning Grants Program application, the PGP Grant Documents, and any amendments thereto, on behalf of the [City/County] as required by the Department for receipt of the PGP Grant. ADOPTED 2019, by the [City/County] Board of Supervisors of the County of by the following vote: AYES: NOES: ABSENT: ABSTAIN: County Executive ATTEST:APPROVED AS TO FORM: County Clerk County Attorney CA-HCD SB 2 PGP Page 13 of 15 2019 Year-1 Grant Application SB 2 Planning Grants Application Appendix A Use this area for additional information if necessary. CA-HCD SB 2 PGP Page 14 of 15 2019 Year-1 Grant Application SB 2 Planning Grants Application Appendix B Use this page to explain the nexus to accelerating housing production or for project description. CA-HCD SB 2 PGP Page 15 of 15 2019 Year-1 Grant Application