21083.3.1.
(a) For purposes of this section, the following definitions apply:(1) “Housing element implementation project” means a project that the lead agency has determined based upon substantial evidence meets all of the following criteria:
(A) The project is an action intended to implement a housing element policy or program, such as adoption of rezoning ordinances in furtherance of implementing a program in a housing element adopted pursuant to subparagraph
(A) of paragraph (1) of subdivision (c) of Section 65583 of the Government Code to rezone property to accommodate low-income housing needs.
(B) The project is located within an urban area on a site that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins, or is separated only by an improved public
right-of-way from parcels that are developed with qualified urban uses. area.
(C) The project is consistent with the goals and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy for which the State Air Resources Board, pursuant to subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, has accepted a metropolitan planning organization’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets.
(2) “Urban area” includes either an incorporated
city or an unincorporated area that is completely surrounded by one or more incorporated cities that meets both of the following criteria:
(A) The population of the unincorporated area and the population of the surrounding incorporated cities equal a population of 100,000 or more.
(B) The population density of the unincorporated area is equal to, or greater than, the population density of the surrounding cities.
(b) (1) Except as provided in paragraph (2), if an environmental impact report was certified within the last eight years for the adoption or revision of a housing element, as described in subdivision
(c) of Section 65302 of the Government Code, the application of this division to the approval of a housing element implementation project shall be limited to the effects on the environment that (A) were not analyzed in the environmental impact report or (B) new information that was not known and could not have been known at the time of the certification of the environmental impact report shows the effects will be more severe significant effects than described in the environmental impact report.
(2) This division does not apply to a housing element implementation project if an environmental impact report was certified for the adoption or revision of a housing element and uniformly applicable development policies or standards adopted by the city, county, or the lead agency, would apply to the project, and the lead agency, makes a finding
that the uniformly applicable development policies or standards will substantially mitigate those significant effects described in paragraph (1).
(3) A lead agency determination pursuant to this subdivision shall be supported by substantial evidence.
(c) If a housing element implementation project would result in significant effects described in paragraph (1) of subdivision (b) and the project is not otherwise exempt under paragraph (2) of subdivision (b), and if a mitigated negative declaration or a sustainable communities environmental assessment could not be otherwise adopted, an environmental impact report prepared for the project analyzing those effects need not consider either of the following:
(1) Alternative locations, densities, and building intensities to the project.
(2) Growth-inducing impacts of the project.