Bill Text: CA AB2731 | 2019-2020 | Regular Session | Amended
Bill Title: California Environmental Quality Act: City of San Diego: Old Town Center redevelopment.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2020-09-29 - Chaptered by Secretary of State - Chapter 291, Statutes of 2020. [AB2731 Detail]
Download: California-2019-AB2731-Amended.html
Amended
IN
Assembly
May 04, 2020 |
Introduced by Assembly Member Gloria (Principal coauthor: Senator Atkins) |
February 20, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
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 exempts from its requirements certain housing projects that meet certain requirements.
This bill would make nonsubstantive changes to those
requirements.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:SEC. 2.
Chapter 6.9 (commencing with Section 21189.70) is added to Division 13 of the Public Resources Code, to read:CHAPTER 6.9. Old Town Center Redevelopment in the City of San Diego
21189.70.
For purposes of this chapter, the following definitions apply:21189.70.1.
(a) For purposes of this section, the following definitions apply:21189.70.2.
Notwithstanding any other law, Rules 3.2220 to 3.2237, inclusive, of the California Rules of Court, as may be amended by the Judicial Council, shall apply to an action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report for the transit and transportation facilities project or the granting of any approvals for this project, including any potential appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court. On or before June 30, 2021, the Judicial Council shall amend the California Rules of Court, as necessary, to implement this section.21189.70.3.
Notwithstanding any other law, the preparation and certification of the record of proceedings for the transit and transportation facilities project shall be performed in the following manner:21189.70.4.
(a) If the lead agency fails to certify an environmental impact report for the transit and transportation facilities project before January 1, 2025, Sections 21189.70.2 to 21189.70.6, inclusive, shall become inoperative and are repealed on January 1 of the following year.21189.70.5.
(a) The draft and final environmental impact report for the transit and transportation facilities project shall include a notice in not less than 12-point type stating the following:21189.70.6.
(a) In granting relief in an action or proceeding brought pursuant to this chapter, the court shall not stay or enjoin the construction or operation of the transit and transportation facilities project unless the court finds either of the following:21189.70.7.
The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 3.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances set forth in Section 1 of this act regarding the redevelopment of the Old Town Center in the City of San Diego.SEC. 4.
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.A housing project qualifies for an exemption from this division pursuant to Section 21159.22, 21159.23, or 21159.24 if it meets the criteria in the applicable section and all of the following criteria:
(a)The project is consistent with an applicable general plan, specific plan, and local coastal program, including any mitigation measures required by a plan or program, as that plan or program existed on the date that the application was deemed complete and with
an
applicable zoning ordinance, as that zoning ordinance existed on the date that the application was deemed complete, except that a project shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the project site has not been rezoned to conform with a more recently adopted general plan.
(b)Community-level environmental review has been adopted or certified.
(c)The project and other projects approved before the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or
development fees.
(d)The site of the project does not contain wetlands, does not have any value as a wildlife habitat, and the project does not harm any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or by the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and the project does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete. For purposes of this subdivision, “wetlands” has the same meaning as in Section 328.3 of Title 33 of the Code of Federal Regulations and “wildlife habitat” means the ecological communities upon
which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection.
(e)The site of the project is not included on
a list of facilities and sites compiled pursuant to Section 65962.5 of the Government Code.
(f)(1)The site of the project is subject to a preliminary endangerment assessment prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.
(2)If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements.
(3)If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements.
(g)The project does not have a significant effect on historical resources pursuant to Section
21084.1.
(h)The project site is not subject to any of the following:
(1)A wildland fire hazard, as determined by the Department of Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard.
(2)An unusually high risk of fire or explosion from materials stored or used on nearby properties.
(3)Risk of a public health exposure at a level that would exceed the standards established by
a state or federal agency.
(4)Within a delineated earthquake fault zone, as determined pursuant to Section 2622, or a seismic hazard zone, as determined pursuant to Section 2696, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake fault or seismic hazard zone.
(5)Landslide hazard, flood plain, flood way, or restriction zone, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood.
(i)(1)The project site is not located on developed open space.
(2)For purposes of this subdivision,
“developed open space” means land that meets all of the following criteria:
(A)Is publicly owned, or financed in whole or in part by public funds.
(B)Is generally open to, and available for use by, the public.
(C)Is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools, ballfields, enclosed child play areas, and picnic facilities.
(3)For purposes of this subdivision, “developed open space” includes land that has been designated for acquisition by a public agency for developed open space, but does not include lands acquired by public funds dedicated to the
acquisition of land for housing purposes.
(j)The project site is not located within the boundaries of a state conservancy.