Amended
IN
Senate
July 03, 2024 |
Amended
IN
Senate
June 26, 2024 |
Amended
IN
Senate
June 06, 2024 |
Amended
IN
Assembly
April 18, 2023 |
Amended
IN
Assembly
March 23, 2023 |
Introduced by Assembly Member Ting |
February 17, 2023 |
(I)There is substantial evidence in the record before the local agency that the housing development project is not located in either of the following:
(ia)On a site specified in subparagraphs (A) to (C), inclusive, or subparagraphs (E) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(ib)Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, 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.
(II)The housing development project is located on a legal parcel or parcels within an urbanized area and meets one or more of the following criteria:
(ia)The housing development project is located within one-half mile walking distance to either a high-quality transit corridor or a major transit stop.
(ib)The housing development project is located in a very low vehicle travel area.
(ic)The housing development project is proximal to six or more amenities pursuant to subclause (IV) of clause (ii) as of the date of submission of the application for the project.
(id)Parcels that are developed with urban uses adjoin at least 75 percent of the perimeter of the project site or at least three sides of a four-sided project site. For purposes of this clause, parcels that are only separated by a street or highway shall be considered to be adjoined.
(III)The density of the housing development project meets or exceeds 15 dwelling units per acre.
(IV)Both of the following criteria are met:
(ia)There is substantial evidence in the record before the local agency that the housing development project is eligible for an exemption sought by the applicant.
(ib)If the exemption sought by the applicant is subject to an exception under the Guidelines for Implementation of the California Environmental Quality Act (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations), there is substantial evidence in the record before the local agency that the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2 of those guidelines.
(V)(ia)The applicant has given timely written notice to the local agency of the action or inaction that the applicant believes constitutes a failure to make a determination or an abuse of discretion, as defined in this subparagraph, and the local agency did not make a lawful determination within 90 days of the applicant’s written notice. The applicant’s written notice shall contain all of the following:
(Ia)The information specified in paragraphs (1), (2), (5), and (6) of subdivision (a) of Section 15062 of Title 14 of the California Code of Regulations.
(Ib)A citation to the section of Title 14 of the California Code of Regulations or the statute under which the applicant asserts that the project is exempt.
(Ic)A brief statement of reasons supporting the assertion that the project is exempt.
(Id)A copy of the excerpts from the record constituting substantial evidence that the criteria of subclauses (I) to (IV), inclusive, are satisfied.
(ib)Within five working days of receiving the applicant’s written notice required by sub-subclause (ia), the local agency shall post the notice on the local agency’s internet website, provide a copy of the notice to any person who has made a written request for notices pursuant to subdivision (f) of Section 21167 of the Public Resources Code, and file the notice with the county clerk of each county in which the project will be located. The county clerk shall post the notice and make it available for public inspection in the manner set forth in subdivision (c) of Section 21152 of the Public Resources Code.
(ic)The local agency shall consider all objections, comments, evidence, and concerns about the project or the applicant’s written notice and shall not make a determination until at least 60 days after the applicant has given timely written notice to the local agency pursuant to sub-subclause (ia).
(id)The local agency may, by providing a written response to the applicant within 90 additional days of the applicant’s written notice, extend the time period to make a lawful determination by no more than 90 days if the extension is necessary to determine if there is substantial evidence in the record that the housing development project is eligible for the exemption sought by the applicant.
(ie)If the local agency has given the applicant written notice of the local agency’s determination that the project is not exempt, the applicant’s notice shall be deemed timely if and only if it is delivered to the local agency within 35 days of the date that the local agency gave the applicant notice of the local agency’s determination.
(if)If the local agency has not given the applicant the written notice described in sub-subclause (ie), the applicant’s notice shall be deemed timely if given after 60 days from the date on which the project application has been received and accepted as complete by the lead agency, or 60 days from the date on which the project application has been determined or deemed to be complete within the meaning of Section 65943, whichever is earlier.
(ii)For purposes of this subparagraph, the following definitions apply:
(I)“Abuse of discretion” means that the conditions set forth in subclauses (I) to (IV), inclusive, of clause (i) are satisfied, but the local agency does not determine that the project is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). This subclause sets forth the exclusive definition of “abuse of discretion” for purposes of this subparagraph.
(II)“High-quality transit corridor” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.
(III)“Major transit stop” has the same meaning as defined in Section 21064.3 of the Public Resources Code.
(IV)“Proximal” to an amenity means either of the following:
(ia)Within one-half mile of either of the following amenities:
(Ia)A bus station.
(Ib)A ferry terminal.
(ib)Within one mile, or for a parcel in a rural area, as defined in Section 50199.21 of the Health and Safety Code, within two miles, of any of the following amenities:
(Ia)A supermarket or grocery store.
(Ib)A public park.
(Ic)A community center.
(Id)A pharmacy or drugstore.
(Ie)A medical clinic or hospital.
(If)A public library.
(Ig)A school that maintains a kindergarten or any of grades 1 to 12, inclusive.
(V)“Urbanized area” has the same meaning as defined in Section 21071 of the Public Resources Code.
(VI)(ia)“Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita.
(ib)For purposes of sub-subclause (ia), “area” may include a travel analysis zone, hexagon, or grid.
(ic)For the purposes of determining “regional vehicle miles traveled per capita” pursuant to sub-subclause (ia), a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.
(iii)This subparagraph shall not be construed to require a local agency to determine that a project is exempt if, on the record before the local agency, the project is not eligible for exemption.
(iv)
(i)There is substantial evidence in the record before the local agency that the site of the housing development project is not located on either of the following:
(I)On a site specified in subparagraphs (A) to (C), inclusive, or subparagraphs (E) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(II)Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, 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.
(ii)The housing development project is located on a legal parcel or parcels within an urbanized area and meets one or more of the following criteria:
(I)The housing development project is located within one-half mile walking distance to either a high-quality transit corridor or a major transit stop.
(II)The housing development project is located in a very low vehicle travel area.
(III)The housing development project is proximal to six or more amenities pursuant to subclause (IV) of clause (vii) as of the date of submission of the application for the project.
(IV)Parcels that are developed with urban uses adjoin at least 75 percent of the perimeter of the project site or at least three sides of a four-sided project site. For purposes of this clause, parcels that are only separated by a street or highway shall be considered to be adjoined.
(iii)The density of the housing development project meets or exceeds 15 dwelling units per acre.
(iv)There has been prepared a negative declaration, addendum, environmental impact report, or comparable environmental review document that, if duly adopted, approved, or certified by the local agency, would satisfy the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) with respect to the project.
(v)The local agency or a body or official to which the agency has delegated authority to adopt, approve, or certify the negative declaration addendum, environmental impact report, or comparable environmental review document has held a meeting at which adoption, approval, or certification of the environmental review document was on the agenda and the environmental review document could have been adopted, approved, or certified, as applicable, but the agency did either of the following:
(I)Committed an abuse of discretion, as defined in this subparagraph.
(II)Failed to decide whether to require further study or to adopt, approve, or certify the environmental document.
(vi)(I)The applicant has given timely written notice to the local agency of the action or inaction that the applicant believes constitutes a failure to decide or an abuse of discretion, and the local agency did not make a lawful determination about whether to adopt, approve, or certify the environmental review document within 90 days of the applicant’s written notice. The applicant’s written notice shall include a copy of those excerpts from the record that constitute substantial evidence that the criteria of clauses (i) to (iv), inclusive, are satisfied.
(II)If the local agency has voted to require further study, rather than adopting, approving, or certifying the negative declaration, addendum, environmental impact report, or comparable environmental review document in the form it was presented for the agency’s consideration, the applicant’s notice shall be deemed timely if and only if it is delivered to the local agency within 35 days of the date that the local agency gave written notice of its decision to the applicant.
(III)If the local agency has not voted to require further study, rather than adopting, approving, or certifying the negative declaration, addendum, environmental impact report, or comparable environmental review document in the form it was presented for the agency’s consideration, the applicant’s notice shall be deemed timely if given after the time period specified in Section 21151.5 of the Public Resources Code or another applicable provision of that code for completing the addendum, negative declaration, environmental impact report, or other comparable environmental review document, as applicable, has passed. If the Public Resources Code does not specifically describe the deadline to complete the applicable environmental document, a 180-day deadline is the applicable time period.
(vii)For purposes of this subparagraph, the following definitions apply:
(I)(ia)“Abuse of discretion” means either of the following:
(Ia)If the local agency fails to adopt a negative declaration, “abuse of discretion” means that the agency, in bad faith or without substantial evidence in the record to support a fair argument that further environmental study is necessary to identify or analyze potentially significant impacts on the physical environment, decided to require further environmental study rather than adopting the negative declaration.
(Ib)If the local agency fails to adopt an addendum for the project, certify an environmental impact report for the project, or approve another comparable environmental document, “abuse of discretion” means that the agency, in bad faith or without substantial evidence in the record that further environmental study is legally required to identify or analyze potentially significant impacts on the physical environment, decided to require further environmental study rather than adopting, approving, or certifying the environmental review document.
(ib)This subclause sets forth the exclusive definition of “abuse of discretion” for purposes of this subparagraph.
(II)“High-quality transit corridor” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.
(III)“Major transit stop” has the same meaning as defined in Section 21064.3 of the Public Resources Code.
(IV)“Proximal” to an amenity means either of the following:
(ia)Within one-half mile of either of the following amenities:
(Ia)A bus station.
(Ib)A ferry terminal.
(ib)Within one mile, or for a parcel in a rural area, as defined in Section 50199.21 of the Health and Safety Code, within two miles, of any of the following amenities:
(Ia)A supermarket or grocery store.
(Ib)A public park.
(Ic)A community center.
(Id)A pharmacy or drugstore.
(Ie)A medical clinic or hospital.
(If)A public library.
(Ig)A school that maintains a kindergarten or any of grades 1 to 12, inclusive.
(V)“Urbanized area” has the same meaning as defined in Section 21071 of the Public Resources Code.
(VI)(ia)“Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita.
(ib)For purposes of sub-subclause (ia), “area” may include a travel analysis zone, hexagon, or grid.
(ic)For the purposes of determining “regional vehicle miles traveled per capita” pursuant to sub-subclause (ia), a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.
(viii)