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§ 6601.1. Definitions.

25 CA ADC § 6601.1Barclays 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 § 6601.1
§ 6601.1. Definitions.
Currentness
This section shall be effective starting on January 2, 2024 until and including March 1, 2024. Section 6601 shall be effective March 2, 2024.
(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, or removing or mitigating regulatory barriers to development. Relevant activities include, but are not limited to, incentive zoning and modification to development standards (i.e., allowing developers to build higher-density projects than would be permitted under existing zoning in exchange for providing features that are considered to be in the community's interest); increasing building heights and densities; zoning amendments to permit residential uses in non-residential zones; corridor planning; modifications to development standards; non-discretionary review; supportive financing strategies; sliding scale fee modifications; facilitating adequate infrastructure to support development; and approval streamlining.
(2) ADU. Accessory Dwelling Unit.
(3) Affirmatively Furthering Fair Housing. Affirmatively furthering fair housing is defined in accordance with Government Code section 8899.50.
(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 to be in substantial compliance with the requirements of Housing Element Law.
(7) Department. The California Department of Housing and Community Development.
(8) Enhanced Infrastructure Financing District. An Enhanced Infrastructure Financing District is defined in accordance with Government Code section 53398.51, subdivision (f).
(9) Environmentally Sensitive or Hazardous Areas. Environmentally Sensitive or Hazardous Areas mean the following:
(A) Sensitive areas of a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code, including any portion of the property that contains or is characterized by any of the following:
(i) Wetlands, as defined in subdivision (b) of Section 13577 of Title 14 of the California Code of Regulations.
(ii) Environmentally sensitive habitat areas, as defined in Section 30240 of the Public Resources Code.
(iii) A tsunami run-up zone.
(iv) Use of the site for public access to or along the coast.
(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, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993), 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 adopted 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 Resource 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, feature, or contain tribal cultural resources per Section 21074 of the Public Resources Code.
(10) HCD. The California Department of Housing and Community Development.
(11) 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 house, an apartment, a mobilehome or trailer, a group of rooms, or a single room that is occupied as separate living quarters, or, if vacant, is intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants live separately from any other individuals in the building, and which have direct access from the outside of the building, or through a common hall.
(C) Accessory Dwelling Units and Junior Accessory Dwelling Units pursuant to Government Code sections 65852.2 and 65852.22 meet the definition of “housing” under this paragraph.
(12) High Density Development. Developments with maximum allowable densities pursuant to Government Code section 65583.2, subdivision (c).
(13) Housing Element or Element. The housing element of a Locality's general plan, as required pursuant to subdivision (c) of Section 65302 of the Government Code and prepared in accordance with Housing Element Law.
(14) Housing Element Law. Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(15) JADU. Junior Accessory Dwelling Unit.
(16) Jurisdiction. Any city, including a charter city; any county, including a charter county; or any city and county, including a charter city and county.
(17) Locality. Any city, including a charter city; any county, including a charter county; or any city and county, including a charter city and county.
(18) Local Public Entity. A local public entity is defined in accordance with Health and Safety Code section 50079.
(19) Location Efficient Communities. Current or future residential dwellings that provide multiple transportation options and short commutes to daily destinations, improve job and housing relationships, and/or mitigate impacts on or from Environmentally Sensitive or Hazardous Areas.
(20) 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 local government, 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.
(21) 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.
(22) OPR. The California Governor's Office of Planning and Research.
(23) Principles of Prohousing. The policies, concepts, and standards that direct HCD's review and consideration of a Jurisdiction for a Prohousing Designation. HCD's review and consideration will include the following:
(A) The Jurisdiction's actions to facilitate the planning, approval, or construction of a variety of housing types (e.g., increasing zoned capacity for supply, facilitating affordability for all income levels, removing regulatory barriers to development, and streamlining approval). Such action should be balanced by the Jurisdiction's equal efforts to prevent displacement, preserve existing affordable housing, and establish tenant protections.
(B) The Jurisdiction's accomplishment of integrated planning and development consistent with the state planning priorities set forth at Government Code section 65041.1 and/or the regional transportation plan adopted by the relevant transportation agency pursuant to Government Code sections 65080 and 65080.01. The Jurisdiction may accomplish this outcome through various actions, including, but not limited to, the facilitation of Location Efficient Communities that reduce auto dependence and VMT, and that are consistent with climate change priorities (e.g., climate change adaptation and hazard mitigation).
(C) The Jurisdiction's meaningful actions to foster inclusive and equitable communities with adequate, affordable, and accessible housing and transportation infrastructure pursuant to Government Code section 8899.50.
(D) The Jurisdiction's collaboration with public entities to align policies and programs, and with private entities to implement policies and to leverage funding and other resources.
(E) The Jurisdiction's compliance with established housing law and recent housing reform statutes (e.g., the Housing Accountability Act, the Streamlined Ministerial Approval Process (California Senate Bill 35 (2017)), and the Housing Crisis Act of 2019 (Stats. 2019, ch. 654).
(24) Program. The Prohousing Designation Program.
(25) Prohousing or Prohousing Designation. The designation conferred on those applicants that meet the requirements of the Prohousing Designation Program.
(26) Prohousing Policy. A course or basis of action adopted or proposed by a Jurisdiction, which satisfies or purports to satisfy Sections 6605.1 and 6606.1, and which, as such, is reasonably likely to accelerate, streamline, or encourage housing production. 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.
(27) Regional Housing Needs Allocation or RHNA. The projected need for housing for each region, as determined by the Department pursuant to Section 65584.01 of the Government Code.
(28) 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.
(29) 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 website at https://www.treasurer.ca.gov/ctcac/opportunity.asp
(30) VMT. Vehicle Miles Traveled.

Credits

Note: Authority cited: Section 65589.9, Government Code. Reference: Section 65589.9, Government Code.
History
1. Renumbering and amendment of former section 6601 to section 6601.1 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, § 6601.1, 25 CA ADC § 6601.1
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