SECTIONS 50700-50704.5

50700.  For the purposes of this chapter, the following terms havethe following meanings, unless the context clearly requiresotherwise: (a) "Designated time period" means the time period designated inthe Notice of Funding Availability required under subdivision (b) ofSection 50702. (b) "Disadvantaged community," for the purposes of this program,means an area within a city, county, or city and county that iscomposed solely of those census tracts designated by the UnitedStates Department of Housing and Urban Development as having at least51 percent of its residents of low- or moderate-income levels, usingthe most recent United States Department of Census data available atthe time of the Notice of Funding Availability. (c) "Housing start" means documentation of a completed foundationinspection issued during the designated time period. (d) "Infill project" means a residential or mixed-use residentialproject located within an urbanized area on a site that has beenpreviously developed, or on a vacant site where at least 75 percentof the perimeter of the site adjoins parcels that are developed withurban uses. For these purposes, a property is adjoining the side of aproject site if the property is separated from the project site onlyby an improved public right-of-way. (e) "Park and recreation facility" means a facility that providesbenefits to the community and includes, but is not limited to, placesfor organized team sports, outdoor recreation, and informal turfplay; nonmotorized recreational trails; permanent play structures;landscaping; community gardens; places for passive recreation;multipurpose structures designed to meet the special recreational,educational, vocational, and social needs of youth, senior citizens,and other population groups; recreation areas created by the redesignand retrofit of urban freeways; community swim centers; regionalrecreational trails; and infrastructure and other improvements thatsupport these facilities. (f) "Parks deficient community" means a community that has lessthan three acres of usable parkland per 1000 residents. (g) "Regional blueprint plan" means a regional plan thatimplements statutory requirements intended to foster comprehensiveplanning, as defined in Section 65041.1 of, Chapter 2.5 (commencingwith Section 65080) of Division 1 of Title 7 of, and Article 10.6(commencing with Section 65580) of Chapter 3 of Division 1 of Title 7of, the Government Code. The regional blueprint plan articulatesregional consensus and performance outcomes on a more efficient landuse pattern that supports improved mobility and reduces dependency onsingle-occupant vehicle trips; accommodates an adequate supply ofhousing for all income levels; reduces impacts on valuable farmland,natural resources, and air quality; includes the reduction ofgreenhouse gas emissions; increases water and energy conservation andefficiency; and promotes a prosperous economy and safe, healthy,sustainable, and vibrant neighborhoods. (h) "Urbanized area" means an incorporated city or an urbanizedarea or urban cluster as defined by the United States Census Bureau.For unincorporated areas outside of an urban area or urban cluster,the area shall be within a designated urban service area that isdesignated in the local general plan for urban development and isserved by public sewer and water. (i) "Urban use" means any residential, commercial, industrial,public institutional, transit, transportation passenger facility, orretail use, or any combination of those uses.50701.  There is hereby established in state government theHousing-Related Parks Program, to be administered by the department,using funds allocated, upon appropriation, under subdivision (d) ofSection 53545, for the purpose of providing grants for the creation,development, or rehabilitation of park and recreation facilities tocities, counties, and cities and counties for housing starts fornewly constructed units that are affordable to very low or low-incomehouseholds.50702.  (a) To the extent that funds are available for this purpose,the department shall determine a base grant amount to be providedunder this chapter to any city, county, or city and county that meetsall of the following criteria: (1) On or before the end of the period covered by the Notice ofFunding Availability required under subdivision (b), the jurisdictionhas adopted a housing element that the department, pursuant toSection 65585 of the Government Code, has found to be in substantialcompliance with the requirements of Article 10.6 (commencing withSection 65580) of Chapter 3 of Division 1 of Title 7 of theGovernment Code, and the jurisdiction has submitted to the departmentthe annual progress report required under Section 65400 of theGovernment Code within the preceding 12 months. (2) The jurisdiction can document housing starts for newlyconstructed units that are affordable to very low or low-incomehouseholds within the designated time period and that meet either ofthe following criteria: (A) In the case of rental units, the development is subject to aregulatory agreement recorded against the property that obligates theowner to maintain rents on the restricted units at levels affordableto very low or low-income households for at least 55 years. (B) In the case of ownership housing, units in the development areinitially sold to households of very low or low income at anaffordable housing cost. If public funds are used to achieve anaffordable housing cost, then upon the sale of an assisted unit to avery low or low-income household, the public entity shall ensure therepayment of the public funds and reuse of those funds for affordablehousing for a period of at least 20 years. The proposed mechanismfor restrictions of ownership units shall be consistent with criteriaestablished by the department and specified in the Notice of FundingAvailability. (b) For each year that funds are available, the department shallissue a Notice of Funding Availability for housing starts issuedduring the designated time period. The department shall acceptapplications at the close of the designated period. Grant amountsshall be based on a per-bedroom incentive for each unit restrictedfor very low and low-income households. For the purposes of thissection, single-room occupancies and studio apartments shall beconsidered one-bedroom units. (c) If eligibility for funds exceeds the amount of fundingavailable for the program, the department shall reduce all grantsproportionally. Funds awarded shall be disbursed upon documentationof a certificate of occupancy, final inspection, or other comparablelocal approval.50703.  (a) The department shall award bonus funds in addition tothe base grant award for applicants that meet the requirements underSection 50702. The department shall determine the amount of the bonusfunds to be awarded pursuant to this chapter. (b) The amount of the bonus funds to be awarded shall beestablished in the Notice of Funding Availability. (c) Bonus funds shall be awarded for any of the following: (1) Qualifying units that are affordable to extremely low incomehouseholds. (2) Qualifying units that are affordable to very low andlow-income households and are developed in infill projects. (3) Jurisdictions that have met or exceeded housing productionthresholds established by the department, in consultation with theDepartment of Finance. (4) Jurisdictions that demonstrate that grant funds will be spentto improve a park or community recreational facility that will servea disadvantaged community, as defined in subdivision (a) of Section50700. (5) Jurisdictions that demonstrate that grant funds will be spentto create a new park or community recreational facility that willserve a disadvantaged community, as defined in subdivision (a) ofSection 50700. (6) Jurisdictions that meet the definition of a park deficientcommunity, as defined in subdivision (b) of Section 50700. (7) Those jurisdictions that can demonstrate that grant funds willbe spent to create or improve a park or community recreationalfacility to support infill development, or development within ajurisdiction that has conformed its general plan to the regionalblueprint, as determined by the council of governments.50704.  (a) (1) Except as authorized under paragraph (2), a city,county, or city and county shall not receive a grant unless itqualifies, based on housing starts issued during the perioddesignated in the Notice of Funding Availability, for a grant in anamount of seventy-five thousand dollars ($75,000) or more. (2) If a city, county, or city and county is not able to meet theminimum qualification amount under paragraph (1), it may delayapplication, combine the number of housing starts issued during thedesignated period described in paragraph (1) with the number ofhousing starts issued during one or more subsequent Notice of FundingAvailability periods, and apply once it is able to meet the minimumqualification amount by using the combined amount of housing startsissued. (b) Grants provided pursuant to this chapter shall be used for thecosts of park and recreation facility creation, development, orrehabilitation, including, but not limited to, the acquisition ofland for the purposes of those activities, consistent with therequirements set forth in Section 16727 of the Government Code. (c) Funds awarded pursuant to this chapter shall supplement, notsupplant, other available funding. (d) A city, county, or city and county that receives funds underthis chapter may subcontract through a recreation and park districtformed under Chapter 4 (commencing with Section 5780) of Division 5of the Public Resources Code, or a district formed pursuant toSection 5500 or 35100 of the Public Resources Code, for the creationor improvement of a park or recreational facility, or any nonprofitorganization described in Section 501(c)(3) of the Internal RevenueCode (26 U.S.C. Sec. 501(c)(3)), that is exempt from taxation underSection 501(a) of that code (26 U.S.C. Sec. 501(a)), and that hasamong its purposes the conservation of natural or cultural resources.50704.5.  The department shall adopt guidelines for the operation ofthe program. The guidelines shall not be subject to the requirementsof Chapter 3.5 (commencing with Section 11340) of Division 3 ofTitle 2 of the Government Code.