§ 6606. Designation Criteria.
25 CA ADC § 6606Barclays Official California Code of RegulationsEffective: January 2, 2024
Effective: January 2, 2024
25 CCR § 6606
§ 6606. Designation Criteria.
(b) The Department shall validate applicants' scores based on the extent to which each identified Prohousing Policy contributes to the Acceleration of Housing Production. The Department shall assess applicants' Prohousing Policies in accordance with this section, Government Code section 8899.50, and Government Code section 65589.9, subdivision (f)(2). The Department shall validate applicants' Prohousing Policies by using the four scoring categories in paragraphs (1)-(4). Applicants shall demonstrate that they have enacted or proposed at least one policy that significantly contributes to the Acceleration of Housing Production in each of these four categories. A Prohousing Designation requires an overall score of at least 30 points:
(A) Three (3) Points. Sufficient sites, including rezoning, to accommodate 150 percent or greater of the current or draft RHNA, whichever is greater, by total and income category. These additional sites must be identified in the Jurisdiction's housing element adequate sites inventory, consistent with Government Code section 65583, subdivisions (a)(3) and (c)(1).
(C) Two (2) Points. Sufficient sites, including rezoning, to accommodate 125 to 149 percent of the current or draft RHNA, whichever is greater, by total and income category. These points shall not be awarded if the applicant earns three points pursuant to paragraph (1)(A). These additional sites must be identified in the Jurisdiction's housing element adequate sites inventory, consistent with Government Code section 65583, subdivisions (a)(3) and (c)(1).
(E) Two (2) Points. Increasing allowable density in low-density, single-family residential areas beyond the requirements of state Accessory Dwelling Unit law (e.g., permitting more than one ADU or JADU per single-family lot), and in a manner that exceeds the requirements of SB 9 (Chapter 162, Statutes of 2021, Gov. Code, §§ 65852.21, 66411.7). These policies shall be separate from any qualifying policies under paragraph (1)(B).
(F) Two (2) Points. Eliminating minimum parking requirements for residential development as authorized by Government Code section 65852.2; adopting vehicular parking ratios that are less than the relevant ratio thresholds at subparagraphs (A), (B), and (C) of Government Code section 65915, subdivision (p)(1); or adopting maximum parking requirements at or less than ratios pursuant to Government Code section 65915, subdivision (p).
(G) Two (2) Points. Zoning or incentives that are designed to increase affordable housing development in a range of types, including, but not limited to, large family units, Supportive Housing, housing for transition age foster youth and deep affordability targeted housing for Extremely Low-Income Households in all parts of the Jurisdiction, with at least some of the zoning, other land use designation methods, or incentives being designed to increase affordable housing development in higher resource areas shown in the CTCAC/HCD Opportunity Map, and with the Jurisdiction having confirmed that it considered and addressed potential environmental justice issues in adopting and implementing this policy, especially in areas with existing industrial and polluting uses.
(I) One (1) point. Modification of development standards and other applicable zoning provisions or land use designation methods to promote greater development intensity. Potential areas of focus include floor area ratio; height limits; minimum lot or unit sizes; setbacks; and allowable dwelling units per acre. These policies must be separate from any qualifying policies under paragraph (1)(B).
(C) Two (2) Points. Documented practice of streamlining housing development at the project level, such as by enabling a by-right approval process or by utilizing statutory and categorical exemptions as authorized by applicable law, such as Pub. Resources Code, §§ 21155.1, 21155.4, 21159.24, 21159.25; Gov. Code, § 65457; Cal Code Regs., tit. 14,§§ 15303, 15332; Pub. Resources Code, §§ 21094.5, 21099, 21155.2, 21159.28.
(A) Three (3) Points. Waiver or significant reduction of development impact fees for residential development with units affordable to Lower-Income Households. This provision does not include fees associated with the provision of housing affordable to Lower-Income Households (e.g., inclusionary in lieu fees, affordable impact fees and commercial linkage fees).
(B) Two (2) Points. Adoption of policies that result in less restrictive requirements than Government Code sections 65852.2 and 65852.22 to reduce barriers for property owners to create ADUs/JADUs. Examples of qualifying policies include, but are not limited to, development standards improvements, permit processing improvements, dedicated ADU/JADU staff, technical assistance programs, and pre-approved ADU/JADU design packages.
(C) One (1) Point. Adoption of other fee reduction strategies separate from paragraph (3)(A), including fee deferrals and reduced fees for housing for persons with special needs. This provision does not include fees associated with the provision of housing affordable to Lower-Income Households (e.g., inclusionary in lieu fees, affordable impact fees and commercial linkage fees).
(E) One (1) Point. Measures that reduce costs for transportation-related infrastructure or programs that encourage active modes of transportation or other alternatives to automobiles. Qualifying policies include, but are not limited to, publicly funded programs to expand accessible sidewalks or protect bike/micro-mobility lanes; creation of on-street parking for bikes; transit-related improvements; or establishment of carshare programs.
(B) Two (2) Points. Establishment of local housing trust funds or collaboration on a regional housing trust fund, which include the Jurisdiction's own funding contributions. The Jurisdiction must contribute to the local or regional housing trust fund regularly and significantly. For the purposes of this subparagraph, “regularly” shall be defined as at least annually, and “significant” contributions shall be determined based on the impact the contributions have in accelerating the production of affordable housing.
(C) Two (2) Points. Demonstration of regular use or planned regular use of funding (e.g., federal, state, or local) for preserving assisted units at-risk of conversion to market rate uses and conversion of market rate uses to units with affordability restrictions (e.g., acquisition/rehabilitation). For the purposes of this subparagraph, “regular use” can be demonstrated through the number of units preserved annually by utilizing this funding source.
(E) Two (2) Points. A comprehensive program that complies with the Surplus Land Act (Gov. Code, § 54220 et seq.) and that makes publicly owned land available for affordable housing, or for multifamily housing projects with the highest feasible percentage of units affordable to Lower-Income Households. A qualifying program may use mechanisms such as land donations, land sales with significant write-downs, or below-market land leases.
(c) The Department shall utilize the following enhancement factors to increase the point scores of Prohousing Policies. An individual Prohousing Policy cannot use more than one enhancement factor. Each Prohousing Policy may receive, if applicable, two extra points for an enhancement factor set forth at paragraph (1) below, and one extra point for an enhancement factor set forth at paragraphs (2)-(8) below:
(3) Policies that diversify planning and target community and economic development investments (housing and non-housing) toward place-based strategies for community revitalization and equitable quality of life in lower opportunity areas. Such areas include, but are not limited to, Low Resource and High Segregation & Poverty areas designated in the CTCAC/HCD Opportunity Map, and disadvantaged communities pursuant to Health and Safety Code sections 39711 and 39715.
Credits
Note: Authority cited: Section 65589.9, Government Code. Reference: Section 65589.9, Government Code.
History
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 subchapter 6.6 (sections 6600-6607) and section refiled 7-5-2022 as an emergency; operative 7-19-2022 (Register 2022, No. 27). Senate Bill 197 (Stats. 2022, c. 70) modified Government Code section 65589.9(d)(2) to extend the date upon which a Certificate of Compliance must be transmitted to OAL. Pursuant to Government Code section 65589.9(d)(2), as modified by Senate Bill 197 (Stats. 2022, c. 70), the emergency regulations shall remain in effect until the date that permanent regulations become effective.
4. Editorial correction of History 3 (Register 2024, No. 1).
5. Certificate of Compliance as to 7-19-2022 order, including renumbering of former section 6606 to section 6606.1 and new section 6606, transmitted to OAL 11-15-2023 and filed 1-2-2024; amendments 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, § 6606, 25 CA ADC § 6606
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