Cal. Code Regs. tit. 25 § 7878

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 7878 - Application Procedure

(a) Subject to the Program and the allocation plan, after the Agency has approved a site for a proposed project, it may apply to the Department requesting authority to set-aside moneys to assist the project.

(b) The application shall consist of:

(1) a description of the proposed project including the number and size of assisted units,

(2) a description of the amount and form of assistance requested and an assurance that the assisted units will be made affordable.

(3) a certification that the sponsor is capable of meeting all other responsibilities necessary to develop, construct, market, and manage the project in a manner consistent with the goals and requirements of the Program,

(4) a description of special construction techniques and energy efficiency characteristics, if any,

(5) certifications that the proposed project will be consistent with local planning requirements,

(6) certification that the project will be economically feasible,

(7) a certification that the project complies with the appropriate allocation plan, and

(8) an explanation of the extent to which the proposed project qualifies under the priorities of the Program.

(c) Upon submission of the application to the Department, the Department shall review the application and accept as correct any statement in the application unless the Department has substantial reason to question the completeness of the application or the correctness or completeness of any element in the application. When the Department so questions, it shall promptly notify the Agency, and the Agency may provide additional documentation to the application or in support of any element thereof. When the Agency provides such documentation, the Department will act in accordance with the Agency's judgment or evaluation and may not deny the application unless the Department determines that the application or any element thereof is not complete or is clearly not supported by the facts. If the Agency does not provide additional documentation, the Department shall take its action based upon the information and certifications already provided. In addition to the review set forth in this subdivision, the Department shall determine whether the proposed development complies with the local housing element or extension thereof; such a determination shall be required for approval.

(d) The agency shall submit each application according to a schedule established by the Department. Within 35 days after each such submission, the Director shall notify the Agency and Committee in writing that the application is:

(1) approved,

(2) approved only if specified deficiencies are corrected and the Department receives amendments to the application necessary to correct the deficiencies within a specified time, or

(3) not approved with a statement of the reasons for disapproval. The Director's decision shall be valid unless within 45 days or at the next Committee meeting at which the matter can be properly included in the agenda whichever occurs first, the Committee reviews and recommends denial of any decision on an application by the Director, excluding appeals. Such a recommendation shall be deemed to be a denial of the application.

(e) If the Agency is dissatisfied with the denial of its application, the reduction of the amount applied for, actions pursuant to Section 7871, or any conditions attached to the approval of its application, it may, within thirty days of the date of the decision, appeal in writing to the Director of the Department, stating and fully supporting the grounds of its appeal.

(f) If the Agency appeals to the Director pursuant to subdivision (e) the Director shall:

(1) within twenty (20) days of the date of documented receipt of the appeal hold an open hearing at which the Agency, sponsor, program staff and any interested person may make oral or written submission as to the action the department should take with respect to the application, and

(2) within thirty (30) days of the date of documented receipt of the appeal notify in writing the Agency of the Director's determination of the appeal. The Director's determination of the appeal shall be final.

Cal. Code Regs. Tit. 25, § 7878

1. Amendment of subsection (d) filed 11-13-80 as an emergency; effective upon filing (Register 80, No. 46). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 3-13-81.
2. Certificate of Compliance transmitted to OAL 3-13-81 and filed 4-14-81 (Register 81, No. 16).

Note: Authority cited: Section 50737, Health and Safety Code. Reference: Sections 50737, 50745, Health and Safety Code.