§ 5230. Evaluation Criteria.
4 CA ADC § 5230Barclays Official California Code of RegulationsEffective: May 31, 2023
Effective: May 31, 2023
4 CCR § 5230
§ 5230. Evaluation Criteria.
(A) The project does not result in a distribution of net project equity, as that term is defined in Section 10302(gg) of the CTCAC Regulations, to a general partner or a related party to the general partner. For purposes of this subparagraph, there may be a buyout of a limited partner or equity distributed to a third party seller;
(1) The local jurisdiction has approved the project pursuant to Section 65913.4 of the Government Code; or at a density greater than that allowed by the site's zoning through the use of a density bonus allowed by Government Code Section 65915; or pursuant to a local ordinance; or with concessions and/or waivers granted pursuant to Government Code Section 65915;
[For the purposes of subdivision (c)(2), “net acre” is defined as the acreage within the parcel boundaries after subtracting any area affected by the dedication of public right-of-way, the presence of restrictive easements, and non-buildable areas. “Metropolitan county” and “suburban jurisdiction” shall have the same meanings as in Section 65583.2 of the Government Code. Projects with land-use approvals obtained prior to January 1, 2022, shall earn full points in this category.]
(2) 20 points if the average affordability of tax credit units is less than or equal to 60% of area median income, provided that at least 10% of tax credit units are restricted at or below 30% of area median income and an additional 10% of tax credits units are restricted at or below 50% of area median income, subject to the Gross Rent definition.
(e) Exceeding Minimum Rent Restrictions (10 points maximum). A project shall receive one point for each full percent that the average affordability of tax credit units is more than ten percent (10%) below the average adjusted rental rates of comparable units as demonstrated by each applicable Rent Comparability Matrix. This percentage shall be calculated separately for units of each bedroom count, with the results for each unit type weighted relative to the percentage of tax credit units of that type in the project, and the resulting percentage shall be used to determine the final point score. In cases where unit sizes of the same unit type vary, the smallest of these units shall be the basis for comparison. When family comparables are used in addition to senior comparables (outside the 1-mile radius), points will be calculated using the family comparables.
(B) 7 points if the project is a joint venture between an entity that receives maximum general experience points pursuant to Section 10325(c)(1)(A) of the CTCAC regulations and a BIPOC Entity, provided that the partnership agreement (i) allocates a share of the developer fee, cash flow, and net sale proceeds to the BIPOC Entity that is equal to or greater than the share to the entity with maximum general experience points and (ii) provides the BIPOC Entity an option to purchase the development.
(C) 7 points if the sole sponsor is a BIPOC Entity that (i) is a general partner in at least one Low-Income Housing Tax Credit development that has received a certificate of occupancy, or if a rehabilitation project, completed rehabilitation, within five years of the date of application, (ii) submits the certification from a third-party certified public accountant referred to in Section 10325(c)(1)(A)(i) of the CTCAC regulations for that development, and (iii) completes training as prescribed by CTCAC prior to a project's placing in service.
(h) Leveraged Soft Resources (8 points maximum). A project shall receive 1 point for each full percent that leveraged soft resources defraying residential costs represent as a percentage of total residential project development costs, except that a New Construction Project that receives points as a Large Family project or Special Needs project pursuant to the conditions specified in Section 5230(j)(1)(A) and is located in a High or Highest Resource Area as specified on the CTCAC/HCD Opportunity Area Map shall receive 2 points for each full percent of leveraged soft resources. For purposes of this subdivision, leveraged soft resources shall have the same meaning as in Section 10325(c)(9) of the CTCAC regulations.
(i) Readiness to Proceed (10 points maximum). A project shall receive the number of points for which it is eligible pursuant to Section 10325(c)(7) of the CTCAC regulations, except that the applicant shall demonstrate that construction can commence within 180 days of the bond allocation. Projects that receive the maximum number of points pursuant to this subdivision shall have a readiness deadline that aligns with the allocation expiration assigned pursuant to Section 5100(b)(3)(i), and submit within that time period evidence of the issuance of building permits or the applicable tribal documents, and notice to proceed delivered to the contractor. Failure to meet the assigned due date shall result in rescission of the bond allocation. In addition, negative points may be assessed at the discretion of the Committee pursuant to subdivision (n).
(A)(i) Except as provided in (ii) below, 10 points if the project receives points as a Large Family project or Special Needs project pursuant to subdivision (g) (except the Special Needs project shall have at least 50% of its units set aside as permanent supportive housing), is located in a High or Highest Resource Area as specified on the CTCAC/HCD Opportunity Area Map, and at least 10% of tax credit units shall be restricted at or below 30% of area median income and an additional 10% of tax credit units shall be restricted at or below 50% of area median income (except Special Needs projects shall be exempt from this 50% AMI requirement).
(ii) Using the sort order described in Section 5231, after projects receiving 10 points pursuant to this subdivision have been recommended for allocations that meet or exceed the following 50% threshold, all remaining projects in each pool or set-aside shall receive 9 points for meeting the requirements of this subdivision. For the purpose of awarding points per round, excluding an established waiting list, pursuant to this subdivision, 10 points shall be awarded until approximately 50% of the amount available to a pool or set-aside has been allocated. Subsequently, all remaining projects in each pool or set-aside shall receive 9 points for meeting the requirements of this subdivision.
(B) 9 points if the project does not receive points pursuant to subdivisions (j)(1)(A). With respect to New Construction Projects, at least 10% of tax credit units shall be restricted at or below 30% of area median income and an additional 10% of tax credits units shall be restricted at or below 50% of area median income.
(2) For purposes of subdivision (A), a project located in a resource area designated on the CTCAC/HCD Opportunity Area Map as “Missing/Insufficient Data” shall be considered to have the designation of the adjacent resource area that shares the longest common boundary with the resource area in which the project is located.
(k) Service Amenities (10 points maximum). A project shall receive the number of points for which it is eligible pursuant to Section 10325(c)(4)(B) of the CTCAC regulations, except that projects not meeting one of the housing types specified in Section 10325(g) of the CTCAC regulations shall be able to choose the services provided without regard to the housing type conditions within the service amenity categories.
(l) Cost Containment (12 points maximum). A project shall receive 1 point for each full percent that the project's eligible basis is less than the project's CDLAC adjusted threshold basis limit, except that a New Construction Project that receives points as a Large Family project or Special Needs project pursuant to the conditions specified in Section 5230(j)(1)(A)) and is located in a High or Highest Resource Area as specified on the CTCAC/HCD Opportunity Area Map shall receive 2 points for each full percent that the project's eligible basis is less than the project's CDLAC adjusted threshold basis limit. For purposes of this subdivision, a project's CDLAC adjusted threshold basis limit shall be the project's threshold basis limit as determined pursuant to Section 10327(c)(5) of the CTCAC regulations, except that the increase for deeper targeting pursuant to Section 10327(c)(5)(C) of the CTCAC regulations shall be limited to 80%.
(m) Site amenities (10 points maximum). A project shall receive up to 10 site amenity points for which it is eligible pursuant to Section 10325(c)(4)(A) of the CTCAC regulations, except that a maximum of three points shall be available to any project that meets the Resource Area criteria of Section 10325(c)(4)(A)11.
(A) Ten (10) points may be deducted for each failure to fully utilize the leveraged soft resources for which points were awarded in connection with the prior Allocation, unless it can be demonstrated that the failure was unforeseen and entirely outside of the Project Sponsor's control or the amount not utilized is not material, or is the result of voluntarily returning leveraged soft resources due to the project being over-sourced, or if a change in federal or state law provides additional financial resources that result in a reduction in leveraged soft resources. This deduction may be assessed against the Project Sponsor for a period of up to two (2) calendar years (10 points each year) from the date on which the prior Allocation was awarded.
(B) Ten (10) points may be deducted for each failure to issue Bonds or utilize 90% or more of a Supplemental Allocation, unless it can be demonstrated that the failure was unforeseen and entirely outside of the Project Sponsor's control. This deduction may be assessed against the Project Sponsor for a period of up to two (2) succeeding years (10 points each year) following the year the Allocation was awarded.
(C) Ten (10) points may be deducted for each failure to spend the proceeds of Bonds issued pursuant to an Allocation in full, or in accordance with the terms and conditions of the Committee Resolution, unless it can be demonstrated that the failure was unforeseen and entirely outside of the Project Sponsor's control, the amount not spent is not material or is consistent with the requirements of Section 5052(b), or the deviation from the terms and conditions of the Committee Resolution is not material. This deduction may be assessed against the Project Sponsor for a period of up to three (3) calendar years (10 points each year) from the date of determination of failure to spend proceeds.
(D) Ten (10) points may be deducted for failure to comply with any provision of the Committee Resolution, unless it can be demonstrated that the failure was unforeseen and entirely outside of the Project Sponsor's control. This deduction may be assessed for a period of up to three (3) calendar years (10 points each year) from the date of determination of non-compliance with the Committee Resolution.
(2) Where CTCAC has determined an Application for tax credits involving a Project Sponsor that has been or is a Related Party to a Project Sponsor who is subject to negative points under its regulations, CDLAC will deduct an equal amount of points for an equal period of time from tax exempt bond applications involving the Project Sponsor or a Related Party to the Project Sponsor.
(3) Where CTCAC has determined an Applicant for tax credits involving a Project Sponsor that has been a Related Party to a Project sponsor who is subject to any type of determination of ineligibility, CDLAC will recognize the length of ineligibility and apply it to the tax exempt bond applications involving the Project Sponsor or Related Party to the Project Sponsor.
Credits
Note: Authority cited: Section 8869.94, Government Code. Reference: Sections 8869.84(c), 8869.85(a) and 8869.85(b), Government Code.
History
1. New article 7 (sections 5230-5232) and section filed 7-29-2010 as an emergency; operative 7-29-2010 (Register 2010, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-25-2011 or emergency language will be repealed by operation of law on the following day.
2. New article 7 (sections 5230-5232) and section refiled 1-6-2011 as an emergency; operative 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-6-2011 or emergency language will be repealed by operation of law on the following day.
3. New article 7 (sections 5230-5232) and section refiled 4-1-2011 as an emergency; operative 4-6-2011 (Register 2011, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-5-2011 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-1-2011 order, including amendment of section, transmitted to OAL 6-2-2011 and filed 7-1-2011 (Register 2011, No. 26).
5. Renumbering of former article 7 to article 8, new subsection (j)(1)(G), amendment of subsections (k)-(k)(3), repealer of subsections (k)(3)-(k)(5)(O), new subsections (k)(3)-(k)(9) and amendment of subsections within subsection (l) filed 12-9-2011 as an emergency; operative 12-9-2011 (Register 2011, No. 49). A Certificate of Compliance must be transmitted to OAL by 6-6-2012 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsections (i)(1), (j)(2)(C)-(E), (j)(2)(G), (k)(1)-(2) and (l)(1)(D) filed 4-4-2012 as an emergency; operative 4-4-2012 (Register 2012, No. 14). A Certificate of Compliance must be transmitted to OAL by 10-1-2012 or emergency language will be repealed by operation of law on the following day.
7. Renumbering of former article 7 to article 8, new subsection (j)(1)(G), amendment of subsections (k)-(k)(3), repealer of subsections (k)(3)-(k)(5)(O), new subsections (k)(3)-(k)(9) and amendment of subsections within subsection (l) refiled with further amendment of subsection (l)(1)(C) 6-1-2012 as an emergency; operative 6-1-2012 (Register 2012, No. 22). A Certificate of Compliance must be transmitted to OAL by 8-30-2012 or emergency language will be repealed by operation of law on the following day.
8. Amendment of subsections (d)(1)(B)(ii), (e), (j)(2)(C)-(D), (l)(1)(B) and (l)(2)(E) filed 8-1-2012 as an emergency; operative 8-1-2012 (Register 2012, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-28-2013 or emergency language will be repealed by operation of law on the following day.
9. Renumbering of former article 7 to article 8, new subsection (j)(1)(G), amendment of subsections (k)-(k)(3), repealer of subsections (k)(3)-(k)(5)(O), new subsections (k)(3)-(k)(9) and amendment of subsections within subsection (l) refiled 8-29-2012 as an emergency; operative 8-29-2012 (Register 2012, No. 35). A Certificate of Compliance must be transmitted to OAL by 11-27-2012 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 4-4-2012 order transmitted to OAL 9-6-2012 and filed 9-27-2012 (Register 2012, No. 39).
11. Certificate of Compliance as to 8-29-2012 order transmitted to OAL 11-26-2012 and filed 1-8-2013 (Register 2013, No. 2).
12. Amendment of subsections (d)(1)(B)(ii), (e), (j)(2)(C)-(D), (l)(1)(B) and (l)(2)(E) refiled 1-24-2013 as an emergency; operative 1-24-2013 (Register 2013, No. 4). A Certificate of Compliance must be transmitted to OAL by 4-24-2013 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 1-24-2013 order transmitted to OAL 4-17-2013 and filed 5-16-2013 (Register 2013, No. 20).
14. Amendment of subsections (j)(2)(E) and (l)(2)(E) filed 6-3-2013 as an emergency; operative 6-3-2013 (Register 2013, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-2-2013 or emergency language will be repealed by operation of law on the following day.
15. Certificate of Compliance as to 6-3-2013 order transmitted to OAL 11-14-2013 and filed 12-23-2013 (Register 2013, No. 52).
16. Amendment of subsections (e), (j)(2)(E), (l)(1)(B), (l)(2)(E), (m) and (n)(1)(A)-(D) filed 7-10-2014 as an emergency; operative 7-10-2014 (Register 2014, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-6-2015 or emergency language will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 7-10-2014 order, including repealer and new subsection (j)(2)(E), new subsections (j)(2)(E)(i)-(iii) and amendment of subsections (k)(4)-(5) and (k)(7)(A), transmitted to OAL 11-26-2014 and filed 1-13-2015; amendments effective 1-13-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 3).
18. Amendment of subsections (d)(1)(B)(ii) and (k)(4), new subsections (k)(4)(A)-(B) and amendment of subsections (k)(6) and (k)(8)(B)-(C) filed 3-13-2015 as an emergency; operative 3-13-2015 (Register 2015, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-9-2015 or emergency language will be repealed by operation of law on the following day.
19. Certificate of Compliance as to 3-13-2015 order, including amendment of subsection (l)(1)(D), transmitted to OAL 5-21-2015 and filed 7-2-2015; amendments effective 7-2-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 27).
20. Amendment filed 11-9-2015 as an emergency pursuant to Government Code section 8869.94; operative 11-9-2015 (Register 2015, No. 46). A Certificate of Compliance must be transmitted to OAL by 5-9-2016 or emergency language will be repealed by operation of law on the following day.
21. Amendment of subsections (h)(1)-(2) and (k)(11) and nonsubstantive amendments establishing correct subsection hierarchy filed 2-4-2016 as an emergency pursuant to Government Code section 8869.94; operative 2-4-2016 (Register 2016, No. 6). A Certificate of Compliance must be transmitted to OAL by 8-2-2016 or emergency language will be repealed by operation of law on the following day.
22. Certificate of Compliance as to 11-9-2015 order, including nonsubstantive amendment of section, transmitted to OAL 1-27-2016 and filed 3-10-2016 (Register 2016, No. 11).
23. Editorial correction of History 22 (Register 2016, No. 25).
24. Certificate of Compliance as to 2-4-2016 order, including nonsubstantive amendment of section, transmitted to OAL 5-4-2016 and filed 6-14-2016 (Register 2016, No. 25).
25. Amendment of subsections within subsection (k) filed 12-15-2016 as an emergency pursuant to Government Code section 8869.94; operative 12-15-2016 (Register 2016, No. 51). A Certificate of Compliance must be transmitted to OAL by 6-13-2017 or emergency language will be repealed by operation of law on the following day.
26. Editorial correction of subsection (k)(6) (Register 2017, No. 22).
27. Amendment of subsections within subsection (k) refiled 5-30-2017 as an emergency pursuant to Government Code section 8869.94; operative 6-14-2017 (Register 2017, No. 22). A Certificate of Compliance must be transmitted to OAL by 9-12-2017 or emergency language will be repealed by operation of law on the following day.
28. Reinstatement of section as it existed prior to 12-15-2016 emergency amendment by operation of Government Code section 11346.1(f) (Register 2017, No. 38).
29. Amendment of subsections within subsection (k) filed 10-13-2017; operative 10-13-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 41).
30. Amendment of subsections (d)(1), (d)(1)(B)2. and (k)(1)-(2) filed 12-1-2017 as an emergency; operative 12-1-2017 (Register 2017, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-30-2018 or emergency language will be repealed by operation of law on the following day.
31. Change without regulatory effect amending subsection (b)(3) filed 3-13-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 11).
32. Amendment of subsections (d)(1), (d)(1)(B)2. and (k)(1)-(2) refiled 5-25-2018 as an emergency; operative 5-31-2018 (Register 2018, No. 21). A Certificate of Compliance must be transmitted to OAL by 8-29-2018 or emergency language will be repealed by operation of law on the following day.
33. Certificate of Compliance as to 5-25-2018 order transmitted to OAL 8-9-2018 and filed 9-21-2018 (Register 2018, No. 38).
34 Amendment of subsections (k)(8)-(9) filed 5-22-2020 as an emergency pursuant to Government Code section 8869.94; operative 5-22-2020 (Register 2020, No. 21). A Certificate of Compliance must be transmitted to OAL by 11-18-2020 or emergency language will be repealed by operation of law on the following day.
35. Emergency filed 5-22-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 21). A Certificate of Compliance must be transmitted to OAL by 3-22-2021 or emergency language will be repealed by operation of law on the following day.
36. Editorial correction of History 34 and History 35 (Register 2020, No. 44).
37. Repealer and new section filed 2-1-2021 as an emergency pursuant to Governmental Code section 8869.94; operative 2-1-2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 6). A Certificate of Compliance must be transmitted to OAL by 11-30-2021 or emergency language will be repealed by operation of law on the following day.
38. Repealer of 5-22-2020 emergency amendments by operation of Government Code section 11346.1(f) (Register 2021, No. 17).
39. Amendment filed 5-10-2021 as an emergency; operative 5-10-2021 (Register 2021, No. 20). Emergency expiration extended 60 calendar days pursuant to Executive Order N-40-20 plus an additional 60 calendar days pursuant to Executive Order N-71-20. A Certificate of Compliance must be transmitted to OAL by 3-8-2022 or emergency language will be repealed by operation of law on the following day.
40. Refiling of 5-22-2020 and 2-1-2021 orders, including amendment of subsections (c)(3) and (k), on 12-3-2021 as an emergency; operative 12-3-2021 (Register 2021, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-3-2022 or emergency language will be repealed by operation of law on the following day.
41. Certificate of Compliance as to 12-3-2021 order, including further amendment of section, transmitted to OAL 4-11-2022 and filed 5-23-2022; amendments operative 5-23-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 21).
42. Amendment filed 8-1-2022 as an emergency; operative 8-1-2022 (Register 2022, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-30-2023 or emergency language will be repealed by operation of law on the following day.
43. Amendment refiled 2-9-2023 as an emergency; operative 2-9-2023 (Register 2023, No. 6). A Certificate of Compliance must be transmitted to OAL by 5-10-2023 or emergency language will be repealed by operation of law on the following day.
44. Certificate of Compliance as to 2-9-2023 order, including further amendment of section, transmitted to OAL 4-18-2023 and filed 5-31-2023; amendments effective 5-31-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 22).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 4, § 5230, 4 CA ADC § 5230
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