California Code of Regulations
Title 25 - Housing and Community Development
Division 1 - Housing and Community Development
Chapter 7 - Department of Housing and Community Development Programs
Subchapter 21 - Enterprise Zone Program
Article 3 - Enterprise Zone Designation Process-General
Section 8439 - Definitions
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
In addition to the definitions contained in Government Code section 7072, the following definitions shall apply only to the regulations contained in Articles 3-13 of this subchapter. Furthermore, as used in Articles 3-12, the term "Agency" shall mean the Department of Housing and Community Development.
(a) "Act" means the Enterprise Zone Act, Government Code section 7070 et seq.
(b) "Applicant" means a city, county, or city and county that submits an application to the Agency to have a geographical area, including an area within its jurisdiction, designated as an enterprise zone under the provisions of the Act.
(c) "Application" means the written application submitted to the Agency pursuant to either article 6 or article 7 of this subchapter.
(d) "Application area" means the geographical area consisting of the eligible area and commercial and/or industrial area contained in a preliminary or final application.
(e) "Block" means the lowest level in the hierarchy of census geography whereby census data is collected by the United States Department of Commerce, Bureau of the Census.
(f) "Block group" means a combination of blocks that is a subdivision of a census tract.
(g) "Census maps" means the Block Statistics Maps published by the United States Department of Commerce, Bureau of the Census.
(h) "Census tract" means a small statistical subdivision of a county whereby census data is collected by the United States Department of Commerce, Bureau of the Census.
(i) "Commercial area" means a geographic area within which at least 51% of the land area is zoned commercial by the city, county or city and county.
(j) "Conditional designation" means designation by the Agency of a final applicant's application area as an enterprise zone, subject to the final applicant's completion of the conditions necessary for final designation specified in the section 8445 conditional designation document.
(k) "Decennial census" means the population survey of the United States conducted every ten years by the United States Department of Commerce, Bureau of the Census.
(l) "Designation process" means all steps required for final designation, including eligibility, preliminary application, final application, conditional designation and final designation, identified in section 8439.1(c).
(m) "Distressed area" means a geographic area that either (1) meets the requirements of section 8440.2, or (2) is contained in an approved petition.
(n) "Eligible area" means, except for an SB1438 zone, a geographic area that meets the requirements of section 8440.4 and is a distressed area. An eligible area for an SB1438 zone is one which meets the requirements of sections 8440.1 and 8440.3.
(o) "Enterprise zone" means an application area contained in an application awarded final designation status by the Agency.
(p) "Final applicant" means a preliminary applicant selected by the Agency to complete a final application.
(q) "Final application" means the written application submitted to the Agency pursuant to article 7 of this subchapter.
(r) "Final designation" means that the final applicant with conditional designation status has been mailed written notification from the Agency that it has completed, to the satisfaction of the Agency, all conditions of the conditional designation and that designation of the final applicant's application area as an enterprise zone is final and complete.
(s) "Industrial area" means a geographic area within which at least 51% of the land area is zoned industrial by the local jurisdiction.
(t) "Infrastructure" means the physical systems and services which support development and people, including, but not limited to, streets, and highways, transit services, airports, and water and sewer systems.
(u) "Petition" means a written request submitted to the Agency by a city, county, or city and county for a finding that a geographic area within its jurisdiction qualifies as a distressed area.
(v) "Petition area" means the geographic area identified in a petition.
(w) "Preliminary applicant" means a city, county, or city and county that is preparing or has prepared a preliminary application.
(x) "Preliminary application" means the written application submitted to the Agency pursuant to article 6 of this subchapter.
(y) "SB1438 zone" means the process for designation of two enterprise zones which, in addition to compliance with the requirements for designation of an enterprise zone, meet the eligibility requirements contained in section 8440.3.
(z) "Small city" means a California city with a population less than 25,000 as of December 31, 1992.
(aa) "Small city enterprise zone" means the process for designation of two small cities as enterprise zones from applications received on or before June 30, 1994.
1. New section filed 4-2-90 as an emergency; operative 4-2-90 (Register 90, No. 14). A Certificate of Compliance must be transmitted to OAL within 180 days or emergency language will be repealed on 10-1-90. For prior history, see Register 87, No. 2.
2. Certificate of Compliance as to 4-2-90 order including amendment transmitted to OAL 9-27-90 and filed 10-29-90 (Register 90, No. 50).
3. Change without regulatory effect amending section filed 2-7-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 6).
4. Amendment of subsections (a), (e), (g), (h), (k) and NOTE and new subsections (y) and (z) filed 5-24-94 as an emergency; operative 5-24-94 (Register 94, No. 21). A Certificate of Compliance must be transmitted to OAL by 11-21-94 pursuant to Government Code section 7076 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to emergency amendment filed 2-6-95 by operation of Government Code section 11346.1(f) (Register 95, No. 6).
6. Amendment of subsections (a), (e), (g), (h), and (k), new subsections (y) and (z), and amendment of NOTE filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).
7. Amendment of subsections (l) and (n), new subsection (y), subsection relettering and amendment of NOTE filed 7-10-95 as an emergency; operative 7-10-95 (Register 95, No. 28). A Certificate of Compliance must be transmitted to OAL by 12-7-95 or emergency language will be repealed by operation of law on the following day.
8. Editorial correction of HISTORY 7 (Register 95, No. 42).
9. Certificate of Compliance as to 7-10-95 order transmitted to OAL 9-12-95 and filed 10-18-95 (Register 95, No. 42).
10. Change without regulatory effect moving title 10, chapter 7.8, articles 1-10 to title 25, division 1, chapter 7, subchapter 21, articles 3-13; amending newly designated article 3 heading; renumbering section 5600 to section 8439 and amending section and NOTE filed 7-19-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 29).
Note: Authority cited: Sections 7073, 7076, and 7085, Government Code. Reference: Sections 7071, 7073, 7073.9, 7076 and 7085, Government Code.
