Bill Text: CA AB1804 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: California Environmental Quality Act: exemption: residential or mixed-use housing projects.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2018-09-22 - Chaptered by Secretary of State - Chapter 670, Statutes of 2018. [AB1804 Detail]
Download: California-2017-AB1804-Amended.html
SECTION 1.
Bill Title: California Environmental Quality Act: exemption: residential or mixed-use housing projects.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2018-09-22 - Chaptered by Secretary of State - Chapter 670, Statutes of 2018. [AB1804 Detail]
Download: California-2017-AB1804-Amended.html
|
Amended
IN
Senate
August 17, 2018 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 1804 |
| Introduced by Assembly Member Berman (Coauthor: Assembly Member Chiu) |
January 10, 2018 |
An act to add and repeal Section 21159.25 of the Public Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 1804, as amended, Berman.
California Environmental Quality Act: categorical exemption: infill development. exemption: residential or mixed-use housing projects.
(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA requires the Office of Planning and Research to prepare and develop, and the Secretary of the Natural Resources Agency to certify and adopt, guidelines for the
implementation of CEQA. CEQA requires the guidelines to include a list of classes of projects that have been determined not to have a significant effect on the environment and that are required to be exempt from CEQA (categorical exemption). Existing guidelines for the implementation of CEQA exempts from the requirements of CEQA infill development meeting certain requirements, including the requirement that the proposed development occurs within city limits.
This bill would revise the above-described categorical exemption to include proposed residential and mixed-use housing projects occurring within an unincorporated area of a county. would, until January 1, 2025, exempt from CEQA residential or mixed-use housing projects, as defined, located in unincorporated areas of a county meeting certain
requirements. The bill would require a lead agency, if the lead agency determines that a residential or mixed-use housing project is exempt from CEQA, to file a notice of exemption with the Office of Planning and Research and the county clerk in the county in which the project is located. Because a lead agency would be required to determine the applicability of this exemption, exemption and to file a notice with the office and the county clerk, this bill would impose a state-mandated local program. The bill also would require the office to recommend proposed regulatory amendments for the implementation of these provisions and would require the secretary to certify and adopt the changes
on or before January 1, 2020.
(2) 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
(a)The categorical exemption specified in Section 15332 of Title 14 of the California Code of Regulations shall apply also to a proposed residential or mixed-use housing project occurring in an unincorporated area of a county, on a project site of no more than five acres substantially surrounded by urban uses, if all other conditions of that section are satisfied.
(b)Pursuant to Section 21083, the Office of Planning and Research shall recommend proposed amendments to Section 15332 of Title 14 of the California Code of Regulations to implement subdivision (a), including any other necessary conforming changes, which shall be certified and adopted by the Secretary of the Natural Resources Agency on or before January
1, 2020.
SECTION 1.
Section 21159.25 is added to the Public Resources Code, to read:21159.25.
(a) For purposes of this section, the following definitions apply:(1) “Residential or mixed-use housing project” means a project consisting of residential uses only or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use.
(2) “Substantially surrounded” means at least 75 percent of the perimeter of the project site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with urban uses. The remainder of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that have been designated for urban uses
in a zoning, community plan, or general plan for which an environmental impact report was certified.
(3) “Urban uses” means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
(b) Without limiting any other statutory exemption or categorical exemption, this division does not apply to a residential or mixed-use housing project if all of the following conditions described in this section are met:
(1) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
(2) (A) The public agency approving or carrying out the project
determines, based upon substantial evidence, that the density of the residential portion of the project is not less than the greater of the following:
(i) The average density of the residential properties that adjoin, or are separated only by an improved public right-of-way from, the perimeter of the project site, if any.
(ii) The average density of the residential properties within 1,500 feet of the project site.
(B) The residential portion of the project includes at least six dwelling units.
(3) The proposed development occurs within an unincorporated area of a county on a project site of no more than five acres substantially surrounded by urban uses.
(4) The project site has no value as
habitat for endangered, rare, or threatened species.
(5) Approval of the project would not result in any significant effects relating to transportation, noise, air quality, greenhouse gas emissions, or water quality.
(6) The site can be adequately served by all required utilities and public services.
(7) The project is located on a site that is a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(c) Subdivision (b) does not apply to a residential or mixed-use housing project if any of the following conditions exist:
(1) The cumulative impact of successive projects of the same type in the same place,
over time is significant.
(2) There is a reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances.
(3) The project may result in damage to scenic resources, including, but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway.
(4) The project is located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
(5) The project may cause a substantial adverse change in the significance of a historical resource.
(d) If the lead agency determines that a project is not subject to this division
pursuant to this section and it determines to approve or carry out the project, the lead agency shall file a notice with the Office of Planning and Research and with the county clerk in the county in which the project will be located in the manner specified in subdivisions (b) and (c) of Section 21152.
(e) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
