Home Table of Contents

§ 6604.1. Applicant Threshold Criteria.

25 CA ADC § 6604.1Barclays Official California Code of RegulationsEffective: January 2, 2024

Barclays California Code of Regulations
Title 25. Housing and Community Development
Division 1. Housing and Community Development
Chapter 6. Department of Housing and Community Development Programs
Subchapter 6.6. Prohousing Designation Program
Effective: January 2, 2024
25 CCR § 6604.1
§ 6604.1. Applicant Threshold Criteria.
Currentness
This section shall be effective starting on January 2, 2024 until and including March 1, 2024. Section 6604 shall be effective March 2, 2024.
(a) Only Jurisdictions may apply for a Prohousing Designation.
(b) Applicants shall certify, in the application, that each of the following threshold requirements is met:
(1) The applicant has adopted a Compliant Housing Element at the time of application or prior to designation.
(2) The applicant has submitted a legally sufficient Annual Progress Report at the time of application or prior to designation.
(3) The applicant has completed, on or before the relevant statutory deadlines, any rezone program or zoning that is necessary to remain in compliance with Government Code section 65583, subdivision (c)(1).
(4) The applicant is in compliance, at the time of the application, with applicable state housing law, including, but not limited to, Housing Element Law; “No Net Loss” Law (Gov. Code, § 65863); the Housing Accountability Act (Gov. Code, § 65589.5); State Density Bonus Law (Gov. Code, § 65915 et seq.); 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 Housing Crisis Act of 2019 (Stats. 2019, ch. 654); and antidiscrimination law (Gov. Code, § 65008).
(c) Applicants shall further submit, at the time of application, a valid Formal Resolution for the Prohousing Designation Program (New 04/21), which is hereby incorporated by reference. The Formal Resolution for the Prohousing Designation Program must have been duly adopted and certified by the applicant's governing body and it must remain valid for the life of the designation.
(d) 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 subdivisions (b) and (c) above.
(e) The Department shall 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. Examples of prohibited laws, policies, and actions include 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; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures.
(2) Violating Housing Element Law; “No Net Loss” Law (Gov. Code, § 65863); the Housing Accountability Act (Gov. Code, § 65589.5); State Density Bonus Law (Gov. Code, § 65915 et seq.); 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 Housing Crisis Act of 2019 (Stats. 2019, ch. 654); or antidiscrimination law (Gov. Code, § 65008).
(f) 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.
(g) 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.

Credits

Note: Authority cited: Section 65589.9, Government Code. Reference: Section 65589.9, Government Code.
History
1. Renumbering and amendment of former section 6604 to section 6604.1 filed 1-2-2024; operative 1-2-2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 1).
This database is current through 5/3/24 Register 2024, No. 18.
Cal. Admin. Code tit. 25, § 6604.1, 25 CA ADC § 6604.1
End of Document