§ 6601. Definitions.
25 CA ADC § 6601Barclays Official California Code of RegulationsEffective: January 2, 2024
Effective: January 2, 2024
25 CCR § 6601
§ 6601. Definitions.
(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.
(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.
(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).
(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:
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).
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: ____________________
(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.
(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.
(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.
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 6601 to section 6601.1 and new section 6601, 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, § 6601, 25 CA ADC § 6601
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