Current through Register 2024 Notice Reg. No. 38, September 20, 2024
CEQA does not apply to any development project that meets the following criteria:
(a) The project meets the threshold criteria set forth in section 15192.
(b) The project meets the following size criteria: the project site is not more than five acres in area.
(c) The project meets both of the following requirements regarding location:
(1) The project meets one of the following location requirements relating to population density:
(A) The project site is located within an urbanized area or within a census-defined place with a population density of at least 5,000 persons per square mile.
(B) If the project consists of 50 or fewer units, the project site is located within an incorporated city with a population density of at least 2,500 persons per square mile and a total population of at least 25,000 persons.
(C) The project is located within either an incorporated city or a census defined place with a population density of at least 1,000 persons per square mile and there is no reasonable possibility that the project would have a significant effect on the environment or the residents of the project due to unusual circumstances or due to the related or cumulative impacts of reasonably foreseeable projects in the vicinity of the project.
(2) The project meets one of the following site-specific location requirements:
(A) The project site has been previously developed for qualified urban uses; or
(B) The parcels immediately adjacent to the project site are developed with qualified urban uses.
(C) The project site has not been developed for urban uses and all of the following conditions are met:
1. No parcel within the site has been created within 10 years prior to the proposed development of the site.
2. At least 75 percent of the perimeter of the site adjoins parcels that are developed with qualified urban uses.
3. The existing remaining 25 percent of the perimeter of the site adjoins parcels that have previously been developed for qualified urban uses.
(d) The project meets both of the following requirements regarding provision of affordable housing.
(1) The project consists of the construction, conversion, or use of residential housing consisting of 100 or fewer units that are affordable to low-income households.
(2) The developer of the project provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for lower income households for a period of at least 30 years, at monthly housing costs deemed to be "affordable rent" for lower income, very low income, and extremely low income households, as determined pursuant to Section 50053 of the Health and Safety Code.
1. New section filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section 21083(f) (Register 2007, No. 30).
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21159.23, Public Resources Code.
