Section 6606 - Designation Criteria(a) Applicants that meet the requirements in Sections 6604 and 6605 shall qualify for the validation phase of the application process.(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:(1) Favorable Zoning and Land Use: (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).(B) Three (3) Points. Permitting missing middle housing uses (e.g., triplexes and fourplexes) by right in existing low-density, single-family residential zones in a manner that exceeds the requirements of SB 9 (Chapter 162, Statutes of 2021, Gov. Code, §§ 65852.21, 66411.7).(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).(D) Two (2) Points. Density bonus programs that allow additional density for additional affordability beyond minimum statutory requirements.(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.(H) One (1) point. Zoning or other land use designation methods to allow for residential or mixed uses in one or more non-residential zones (e.g., commercial, light industrial). Qualifying non-residential zones do not include open space or substantially similar zones.(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).(J) One (1) Point. Establishment of a Workforce Housing Opportunity Zone, as defined in Government Code section 65620, or a Housing Sustainability District, as defined in Government Code section 66200.(K) One (1) Point. Establishment of an inclusionary housing program requiring new developments to include housing affordable to and reserved for low- and very low-income households, consistent with the requirements of AB 1505 (Chapter 376, Statutes of 2017, Gov. Code, § 65850.01).(L) One (1) Point. Other zoning and land use actions not described in subdivisions (b)(1)(A)-(K) of this section that measurably support the Acceleration of Housing Production.(2) Acceleration of Housing Production Timeframes:(A) Three (3) Points. Establishment of ministerial approval processes for multiple housing types, including, for example, single-family, multifamily and mixed-use housing.(B) Two (2) Points. Acceleration of Housing Production through the establishment of streamlined, program-level CEQA analysis and certification of general plans, community plans, specific plans with accompanying Environmental Impact Reports (EIR), and related documents.(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.(D) Two (2) Points. Establishment of permitting processes that take less than four months to complete. Policies under this subparagraph must address all approvals necessary to issue building permits.(E) Two (2) Points. Absence or elimination of public hearings for projects consistent with zoning and the general plan.(F) Two (2) Points. Priority permit processing or reduced plan check times for homes affordable to Lower-Income Households.(G) One (1) Point. Establishment of consolidated or streamlined permit processes that minimize the levels of review and approval required for projects, and that are consistent with zoning regulations and the general plan.(H) One (1) Point. Absence, elimination or replacement of subjective development and design standards with objective development and design standards that simplify zoning clearance and improve approval certainty and timing.(I) One (1) Point. Establishment of one-stop-shop permitting processes or a single point of contact where entitlements are coordinated across city approval functions (e.g., planning, public works, building) from entitlement application to certificate of occupancy.(J) One (1) Point. Priority permit processing or reduced plan check times for ADUs/JADUs or multifamily housing.(K) One (1) Point. Establishment of a standardized application form for all entitlement applications.(L) One (1) Point. Documented practice of publicly posting status updates on project permit approvals on the internet.(M) One (1) Point. Limitation on the total number of hearings for any project to three or fewer. Applicants that accrue points pursuant to paragraph (2)(E) are not eligible for points under this subparagraph.(N) One (1) Point. Other policies not described in subdivisions (b)(2)(A)-(M) of this section that quantifiably decrease production timeframes or promote the streamlining of approval processes.(3) Reduction of Construction and Development Costs: (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).(D) One (1) Point. Accelerating housing production through innovative housing types (e.g., manufactured homes, recreational vehicles, park models, community ownership, and other forms of social housing) that reduce development costs.(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.(F) One (1) Point. Adoption of universal design ordinances pursuant to Health and Safety Code section 17959.(G) One (1) Point. Establishment of pre-approved or prototype plans for missing middle housing types (e.g., duplexes, triplexes, and fourplexes) in low-density, single-family residential areas.(H) One (1) Point. Adoption of ordinances that reduce barriers, beyond existing law, for the development of housing affordable to Lower-Income Households.(I) One (1) Point. Other policies not described in subdivisions (b)(3)(A)-(H) of this section that quantifiably reduce construction or development costs.(4) Providing Financial Subsidies: (A) Two (2) Points. Establishment of a housing fund or contribution of funds towards affordable housing through proceeds from approved ballot measures.(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.(D) Two (2) Points. Provide grants or low-interest loans for ADU/JADU construction affordable to Lower- and Moderate-Income Households.(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.(F) Two (2) Points. Establishment of an Enhanced Infrastructure Financing District or similar local financing tool that, to the extent feasible, directly supports housing developments in an area where at least 20 percent of the residences will be affordable to Lower-Income Households.(G) Two (2) Points. Prioritization of local general funds to accelerate the production of housing affordable to Lower-Income Households.(H) One (1) Point. Directed residual redevelopment funds to accelerate the production of affordable housing.(I) One (1) Point. Development and regular (at least biennial) use of a housing subsidy pool, local or regional trust fund, or other similar funding source sufficient to facilitate and support the development of housing affordable to Lower-Income Households.(J) One (1) Point. Prioritization of local general funds for affordable housing. This point shall not be awarded if the applicant earns two points pursuant to paragraph (4)(G).(K) One (1) Point. Providing operating subsidies for permanent Supportive Housing.(L) One (1) Point. Providing subsidies for housing affordable to Extremely Low-Income Households(M) One (1) Point. Other policies not described in subdivisions (b)(4)(A)-(L) of this section that quantifiably promote, develop, or leverage financial resources for housing affordable to Lower-Income Households.(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: (1) The policy represents one element of a unified, multi-faceted strategy to promote multiple planning objectives, such as efficient land use, access to public transportation, housing affordable to Lower-Income Households, climate change solutions, and/or hazard mitigation.(2) Policies that promote development consistent with the state planning priorities pursuant to Government Code section 65041.1.(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.(4) Policies that go beyond state law requirements in reducing displacement of Lower-Income Households and conserving existing housing stock that is affordable to Lower-Income Households.(5) Rezoning and other policies that support intensification of residential development in Location Efficient Communities.(6) Rezoning and other policies that result in a net gain of housing capacity while concurrently mitigating development impacts on or from Environmentally Sensitive or Hazardous Areas.(7) Zoning policies, including inclusionary housing policies, that increase housing choices and affordability, particularly for Lower-Income Households, in High Resource and Highest Resource areas, as designated in the CTCAC/HCD Opportunity Map.(8) Policies that involve meaningful actions towards Affirmatively Furthering Fair Housing outside of those required by Government Code section 65583, subdivision (c)(10).Cal. Code Regs. Tit. 25, § 6606
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 6606 to section 6606.1 and new section 6606 filed 1-2-2024; operative 1/2/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 1).