Amended
IN
Assembly
April 21, 2021 |
Amended
IN
Assembly
April 07, 2021 |
Amended
IN
Assembly
March 18, 2021 |
Introduced by Assembly Member Carrillo |
February 19, 2021 |
This bill would, until January 1, 2025, exempt from CEQA the adoption of a housing element, revisions of a housing
element, and amendments to other general plan elements to ensure consistency with the housing element or comply with legal requirements triggered by a housing element revision, amendment, or update.
CEQA limits the environmental review of the approval of any subdivision map or other project that is consistent with a zoning or community plan if certain conditions are met, as provided. CEQA limits the environmental review of a development project if the development is consistent with the general plan and an EIR was certified for the general plan, as provided.
This bill would limit the environmental review of a housing element implementation project, as defined, if an EIR was certified within the last 8 years for the adoption or revision of the housing element and the project meets certain requirements, as provided. The bill would exempt from the requirements of CEQA a housing element implementation project if applicable development policies or standards adopted by a city, county, or the lead agency apply to the project and substantially mitigate significant effects of the project, as determined by the lead agency. By requiring a lead agency to determine the applicability of these provisions, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement
is required by this act for a specified reason.
(a)This division does not apply to the adoption of a housing element, as described in subdivision (c) of Section 65302 of the Government Code, revisions of a housing element pursuant to Section 65588 of the Government Code, and amendments to other general plan elements to ensure consistency with the housing element or comply with legal requirements triggered by a housing element revision, amendment, or update.
(b)This section does not exempt from this division any action to implement a policy or program of an adopted housing element, including the approval of any development project.
(c)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(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 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.
(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.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.