Cal. Code Regs. tit. 25 § 6601

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 6601 - Definitions

(a) This subchapter is governed by the following definitions. All terms not defined below shall, unless their context suggests otherwise, be interpreted in accordance with the definitions and intent of Government Code section 65589.9.

(1) Acceleration of Housing Production. Promoting housing production by streamlining approval processes or timelines, reducing costs or financial barriers, removing or mitigating regulatory barriers to development, or by implementing other measures that positively impact the cost, supply, affordability, timing, and certainty of housing, in a manner that is consistent with a Jurisdiction's duty to Affirmatively Further Fair Housing.

(2) ADU. Accessory Dwelling Unit as defined by Government Code section 65852.2.

(3) Affirmatively Furthering Fair Housing or AFFH. Affirmatively Furthering Fair Housing is defined in accordance with Government Code sections 8899.50 and 65583, subdivisions (c)(1), (c)(5), (c)(10).

(4) Annual Progress Report. The annual report required to be submitted to the Department pursuant to paragraph (2) of subdivision (a) of Section 65400 of the Government Code.

(5) CEQA. The California Environmental Quality Act.

(6) Compliant Housing Element. An adopted housing element that has been duly found by the Department to be in substantial compliance with the requirements of Housing Element Law (Article 10.6 of Gov. Code) in accordance with Government Code section 65585, subdivision (h).

(7) Department. The California Department of Housing and Community Development.

(8) Diligent Public Participation Process That Included or Includes Outreach To Engage All Segments Of The Community means a Jurisdiction's documented efforts to engage the public through a process that includes:

(A) Outreach through a variety of methods and languages to ensure access to the public process and provide opportunity for public input;

(B) Specific effort to engage all segments of the community, including individuals or representatives of lower-income and special needs households, for-profit and non-profit developers and special needs service providers;

(C) Availability of the draft document to the public, including notification to interested parties and all segments of the community for thirty (30) calendar days and subsequent versions for seven (7) calendar days;

(D) Public hearings and informative meetings; and

(E) Consideration of comments, including incorporation of comments into a Jurisdiction's application and Prohousing Policies, as appropriate.

(9) Enhanced Infrastructure Financing District. An Enhanced Infrastructure Financing District is defined in accordance with Government Code section 53398.51, subdivision (f).

(10) Environmentally Sensitive or Hazardous Areas. Environmentally Sensitive or Hazardous Areas means the following:

(A) Sensitive areas of the coastal zone, as defined in Division 20 (commencing with Section 30000 and including sections 30103 and 30107.5) of the Public Resources Code, including any portion of the property that contains or is characterized by any of the following:

(i) Wetlands within the coastal zone, as defined in Section 30121 of the Public Resources Code and Title 14, Section 13577 of the California Code of Regulations.

(ii) Environmentally sensitive habitat areas, as defined in Sections 30107.5 and 30240 of the Public Resources Code.

(iii) Areas of current or projected future high geologic, flood, and fire hazard, such as areas vulnerable to sea level rise impacts and tsunami run-up zones.

(iv) Use of the site for public access, recreation, or other visitor-serving uses, including coastal access parking.

(B) Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

(C) Wetlands outside the coastal zone, as defined as in the California Water Board's State Policy for Water Quality Control: State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (adopted April 2, 2019, revised April 6, 2021), hereby incorporated by reference.

(D) An area within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps published by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.

(E) A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code, or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Public Health, the State Water Resources Control Board, or the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

(F) An area within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the California Geological Survey.

(G) An area within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.

(H) An area within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.

(I) Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), or other adopted natural resource protection plan.

(J) Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species or native plants protected by the federal Endangered Species Act of 1973 (16 U.S.C. § 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

(K) Lands under conservation easement.

(L) Areas that are, or feature, or contain tribal cultural resources, per Section 21074 of the Public Resources Code.

(11) Extremely Low-Income Households. Extremely Low-Income Households is defined consistent with Health and Safety Code section 50106.

(12) Formal Resolution for the Prohousing Designation Program. The resolution adopted by a Jurisdiction's governing body that authorizes and directs the Jurisdiction to submit the Application and confirms its compliance with the Program's requirements and that conforms to the template that the Department attaches to the Program Application, which shall include the following text:

Formal Resolution for the PROHOUSING Designation Program

RESOLUTION NO. [INSERT RESOLUTION NUMBER]

A RESOLUTION OF THE GOVERNING BODY OF [INSERT THE NAME OF THE CITY OR COUNTY] AUTHORIZING APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION PROGRAM

WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program ("Program"), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and

WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive Applications for specified housing and infrastructure funding; and

WHEREAS, the California Department of Housing and Community Development ("Department") has adopted regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program ("Program Regulations"), as authorized by Government Code section 65589.9, subdivision (d); and

WHEREAS, the [INSERT THE NAME OF THE CITY OR COUNTY] ("Applicant") desires to submit an Application for a Prohousing Designation ("Application").

THEREFORE, IT IS RESOLVED THAT:

1. Applicant is hereby authorized and directed to submit an Application to the Department.

2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.

3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production. Examples of such local laws, policies, and actions include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that the Prohousing Policies in its Application comply with its duty to Affirmatively Further Fair Housing pursuant to Government Code sections 8899.50 and 65583. Applicant further acknowledges and confirms that its general plan is in alignment with an adopted sustainable communities strategy pursuant to Public Resources Code section 21155- 21155.4. Applicant further acknowledges and confirms that its policies for the treatment of homeless encampments on public property comply with and will continue to comply with the Constitution and that it has enacted best practices in its jurisdiction that are consistent with the United States Interagency Council on Homelessness' "7 Principles for Addressing Encampments" (June 17, 2022, update).

4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the "Program Documents").

5. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.

6. [INSERT THE TITLE OF THE APPLICANT'S AUTHORIZED SIGNATORY] is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.

PASSED AND ADOPTED this _____ day of __________, 20, by the following vote:

AYES: [Insert #] NOES: [Insert #] ABSENT: [Insert #] ABSTAIN: [Insert #]

The undersigned, [INSERT NAME AND TITLE OF SIGNATORY] of Applicant, does hereby attest and certify that the foregoing is a true and full copy of a resolution of the Applicant's governing body adopted at a duly convened meeting on the date above-mentioned, and that the resolution has not been altered, amended, or repealed.

SIGNATURE: ____________________ DATE: ____________________

NAME: _________________________ TITLE: ____________________

(13) HCD. The California Department of Housing and Community Development.

(14) Housing. Any development that satisfies both (A) and (B) below:

(A) At least two-thirds of the square footage of the development must be designated for residential use; and

(B) The development includes a housing accommodation, as defined in Government Code section 12927(d) and California Code of Regulations, Title 2, section 12005(o).

(15) Housing Element or Element. The housing element of a Jurisdiction's general plan, as required pursuant to subdivision (c) of Section 65302 of the Government Code and prepared in accordance with Housing Element Law.

(16) Housing Element Law. Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.

(17) Housing for Persons with Special Needs. This term is defined consistent with the examples of housing for persons with "special housing needs" in Government Code section 65583(a)(7).

(18) JADU. Junior Accessory Dwelling Unit as defined by Government Code section 65852.22.

(19) Jurisdiction. Any city, including a charter city; any county, including a charter county; or any city and county, including a charter city and county.

(20) Local Public Entity. A local public entity is defined in accordance with Health and Safety Code section 50079.

(21) Location Efficient Communities. Current or future residential dwellings near multiple transportation options which have short commutes to daily destinations, improve job and housing relationships, and mitigate impacts on or from Environmentally Sensitive or Hazardous Areas.

(22) Lower-Income Households. Lower-Income Households is defined consistent with Health and Safety Code section 50079.5.

(23) Ministerial. A process for development approval involving no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely ensures that the proposed development meets all the "Objective Zoning Standards," "Objective Subdivision Standards," or "Objective Design Review Standards" in effect at the time that the application is submitted to the Jurisdiction but uses no special discretion or judgment in reaching a decision. A ministerial decision involves only the use of fixed standards or objective measurements, and the public official cannot use personal, subjective judgment in deciding whether or how the project should be carried out.

(24) Moderate-Income Households. Moderate-Income Households is defined consistent with Health and Safety Code section 50093.

(25) Objective Zoning Standard, Objective Subdivision Standard, and Objective Design Review Standard. Standards that involve no personal or subjective judgment by a public official and that 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.

(26) Program. The Prohousing Designation Program.

(27) Prohousing or Prohousing Designation. The designation conferred on those applicants that meet the requirements of the Prohousing Designation Program.

(28) Prohousing Policy. A course or basis of action adopted or proposed by a Jurisdiction, which satisfies or purports to satisfy Sections 6605 and 6606, and which, as such, is reasonably likely to accelerate, streamline, or encourage housing production in a manner consistent with the Jurisdiction's duty to Affirmatively Further Fair Housing pursuant to Government Code sections 8899.50 and 65583. A Prohousing Policy may include, but is not limited to, a law, regulatory rulemaking, or procedure. A Prohousing Policy may be freestanding, or it may be integrated with other Prohousing Policies as part of a larger Prohousing strategy.

(29) Regional Housing Needs Allocation or RHNA. The existing and projected need for housing for each region, as determined by the Department pursuant to Section 65584.01 of the Government Code.

(30) State Planning Priorities. Priorities which are intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety for all communities in the state, and as pursuant to Government Code section 65041.1.

(31) Supportive Housing. Supportive Housing is defined in accordance with Government Code section 65582(g).

(32) CTCAC. CTCAC is defined to mean the California Tax Credit Allocation Committee.

(33) CTCAC/HCD Opportunity Map. The CTCAC map that identifies the areas in the state whose characteristics support positive economic, educational, and health outcomes for Lower-Income Households, which CTCAC publishes on its websites at https://www.treasurer.ca.gov/ctcac/opportunity.asp.

(34) VMT. Vehicle Miles Traveled.

Cal. Code Regs. Tit. 25, § 6601

Note: Authority cited: Section 65589.9, Government Code. Reference: Section 65589.9, Government Code.

Note: Authority cited: Section 65589.9, Government Code. Reference: Section 65589.9, Government Code.

1. New section filed 6-25-2021 as an emergency; operative 6/25/2021 (Register 2021, No. 26). Emergency expiration extended 60 days pursuant to Executive Order N-40-20 plus an additional 60 days pursuant to Executive Order N-71-20. A Certificate of Compliance must be transmitted to OAL by 4-25-2022 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 4-1-2022 as an emergency; operative 4/22/2022 (Register 2022, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-21-2022 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 7-5-2022 as an emergency; operative 7/19/2022 (Register 2022, No. 27). A Certificate of Compliance must be transmitted to OAL by 10-17-2022 or emergency language will be repealed by operation of law on the following day.
4. Renumbering of former section 6601 to section 6601.1 and new section 6601 filed 1-2-2024; operative 1/2/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 1).