Section 6604 - Applicant Threshold Criteria(a) The Department will initially determine if applicants have met the threshold requirements specified in subdivision (b).(b) In the application, applicants shall certify the following:(1) The applicant has adopted a compliant housing element at the time of application.(2) The applicant has submitted a legally sufficient Annual Progress Report at the time of application or will submit a legally sufficient Annual Progress Report prior to designation, pursuant to Government Code section 65400.(3) The applicant has completed or agrees to complete, on or before the relevant statutory deadlines for the current planning period, any rezone program or zoning that is necessary to remain in compliance with Government Code sections 65583, subdivision (c)(1) and 65584.09, subdivision (a), and with California Coastal Commission certification where appropriate. Applicants that fail to meet statutory deadlines for rezoning in the current planning period are not eligible for a Prohousing Designation.(4) The applicant is in compliance, at the time of application, with applicable state housing laws, including, but not limited to, those included in Government Code section 65585, subdivision (j), laws relating to the imposition of school facilities fees or other requirements (Gov. Code, § 65995 et seq.), the Least Cost Zoning Law (Gov. Code, § 65913.1), the Permit Streamlining Act (Gov. Code § 65920 et seq.), provisions relating to timeliness of CEQA processing by local governments in Public Resources Code sections 21080.1, 21080.2, and 21151.5(a).(5) The applicant further acknowledges and confirms that its treatment of homeless encampments on public property complies with and will continue to comply with the constitutional rights of persons experiencing homelessness and that it has submitted a one-page summary to the Department demonstrating how the applicant has enacted best practices in their jurisdiction related to the treatment of unhoused individuals camping on public property, consistent with the United States Interagency Council on Homelessness' "7 Principles for Addressing Encampments," (June 17, 2022 update), hereby incorporated by reference.(6) Applicants shall also submit with their applications a valid Formal Resolution for the Prohousing Designation Program. The Formal Resolution for the Prohousing Designation Program must have been duly adopted and certified by the applicant's governing body and must remain valid for the life of the designation.(c) The Department shall reject an application for a Prohousing Designation if it determines that the applicant has not satisfied the threshold requirements set forth in subdivision (b) or that the applicant is not a Jurisdiction.(d) The Department shall also reject an application for a Prohousing Designation if it discovers that the applicant is engaging in any of the following activities during the Department's review of the application:(1) enacting laws, developing policies, or taking other actions that are reasonably likely to inhibit or constrain housing production, or that can be objectively shown to have inhibited or constrained housing production, including, but not limited to, moratoriums on development; local voter approval requirements related to housing production; changing the zoning of an area or neighborhood to reduce the density of housing or permitted construction without actions to ensure no net loss of density; zoning that results in industrial and other polluting land uses next to existing or planned sites that are zoned for housing development(s) in a manner that creates undue burdens on or discriminates against Lower-Income households; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Notwithstanding these requirements, an application will not be rejected solely on the basis that a Jurisdiction has taken action that is reasonably likely to inhibit or constrain housing production where necessary to plan for hazards or climate change to minimize risk to life, property, and natural resources in areas of current or projected future high geologic, flood, and fire hazard, such as areas vulnerable to sea level rise impacts and other coastal hazards. In such cases, the applicant should demonstrate, where feasible, no net loss of density within its jurisdiction as a whole. This subdivision does not prohibit a Jurisdiction from enacting a development policy, standard, or condition that is intended to preserve or facilitate the production of housing for Lower-Income Households, as defined in Section 50079.5 of the Health and Safety Code, or housing types that traditionally serve Lower-Income Households, including mobilehome parks, single-room occupancy units, or units subject to any form of rent or price control through a Jurisdiction's valid exercise of its police power.(2) violating applicable state housing laws, including, but not limited to, those included in Government Code section 65585, subdivision (j), laws relating to the imposition of school facilities fees or other requirements (Gov. Code, § 65995 et seq.), Least Cost Zoning Law (Gov. Code, § 65913.1), the Permit Streamlining Act (Gov. Code § 65920 et seq.), and provisions relating to timeliness of CEQA processing by local governments in Sections 21080.1, 21080.2, and 21151.5(a) of the Public Resources Code.(e) The Department may consider comments, reports, and findings from governmental and non-governmental entities when determining if an applicant meets the requirements of this section.(f) The Department shall reject an application for a Prohousing Designation if it determines that the applicant at any time provided false or inaccurate information in its application.Cal. Code Regs. Tit. 25, § 6604
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 6604 to section 6604.1 and new section 6604 filed 1-2-2024; operative 1/2/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 1).