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State Land Use Enacted Legislation

Bill # State Year Party Topic

AB 1804

CA 2018 D Environmental review, Planning for climate adaptation and hazards

Provided by Furman

Summary

  • Section 21159.25 is added to the Public Resources Code
  • Created a specific exemption for infill residential or mixed-use housing projects in urbanized, unincorporated county areas in California Environmental Quality Act requirements.
  • Streamline approvals for developments up to 5 acres
  • “Residential or mixed-use housing project” means a project consisting of multifamily residential uses only or a mix of multifamily residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use.
  • Outlines the requirements that the housing projects must fall under to qualify for the exemption:
    • (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.
    • The average density of the residential properties within 1,500 feet of the project site.
    • Six dwelling units per acre.
    • The residential portion of the project is a multifamily housing development that contains six or more residential units.
    • The proposed development occurs within an unincorporated area of a county on a project site of no more than five acres substantially surrounded by qualified 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.
  • Exempt from requirements if any of the following are met:
    • (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.

Provided by lawmakers

Bill Title

California Environmental Quality Act: exemption: residential or mixed-use housing projects

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