Section 65589.5.1 - [Effective 1/1/2025] "Disapprove the housing development project" explained; definitions; construction(a) For the purposes of Section 65589.5, the definition of "disapprove the housing development project" may include any instance in which a local agency fails to make a determination of whether the project is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), or commits an abuse of discretion, as defined in subdivision (b), if all of the following conditions are satisfied: (1) There is substantial evidence in the record before the local agency that the housing development project is not located in either of the following: (A) On a site specified in subparagraphs (A) to (C), inclusive, or subparagraphs (E) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.(B) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.(2) The housing development project is located on a legal parcel or parcels within an urbanized area and meets one or more of the following criteria: (A) The housing development project is located within one-half mile walking distance to either a high-quality transit corridor or a major transit stop.(B) The housing development project is located in a very low vehicle travel area.(C) The housing development project is proximal to six or more amenities pursuant to paragraph (4) of subdivision (b) as of the date of submission of the application for the project.(D) Parcels that are developed with urban uses adjoin at least 75 percent of the perimeter of the project site or at least three sides of a four-sided project site. For purposes of this subdivision, parcels that are only separated by a street or highway shall be considered to be adjoined.(3) The density of the housing development project meets or exceeds 15 dwelling units per acre.(4) Both of the following criteria are met: (A) There is substantial evidence in the record before the local agency that the housing development project is eligible for an exemption sought by the applicant.(B) If the exemption sought by the applicant is subject to an exception under the Guidelines for Implementation of the California Environmental Quality Act (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations), there is substantial evidence in the record before the local agency that the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2 of those guidelines.(5)(A) The applicant has given timely written notice to the local agency of the action or inaction that the applicant believes constitutes a failure to make a determination or an abuse of discretion, as defined in subdivision (b), and the local agency did not make a lawful determination within 90 days of the applicant's written notice. The applicant's written notice shall contain all of the following:(i) The information specified in paragraphs (1), (2), (5), and (6) of subdivision (a) of Section 15062 of Title 14 of the California Code of Regulations.(ii) A citation to the section of Title 14 of the California Code of Regulations or the statute under which the applicant asserts that the project is exempt.(iii) A brief statement of reasons supporting the assertion that the project is exempt.(iv) A copy of the excerpts from the record constituting substantial evidence that the criteria of paragraphs (1) to (4), inclusive, are satisfied.(B) Within five working days of receiving the applicant's written notice required by subparagraph (A), the local agency shall post the notice on the local agency's internet website, provide a copy of the notice to any person who has made a written request for notices pursuant to subdivision (f) of Section 21167 of the Public Resources Code, and file the notice with the county clerk of each county in which the project will be located. The county clerk shall post the notice and make it available for public inspection in the manner set forth in subdivision (c) of Section 21152 of the Public Resources Code.(C) The local agency shall consider all objections, comments, evidence, and concerns about the project or the applicant's written notice and shall not make a determination until at least 60 days after the applicant has given timely written notice to the local agency pursuant to subparagraph (A).(D) The local agency may, by providing a written response to the applicant within 90 additional days of the applicant's written notice, extend the time period to make a lawful determination by no more than 90 days if the extension is necessary to determine if there is substantial evidence in the record that the housing development project is eligible for the exemption sought by the applicant.(E) If the local agency has given the applicant written notice of the local agency's determination that the project is not exempt, the applicant's notice shall be deemed timely if and only if it is delivered to the local agency within 35 days of the date that the local agency gave the applicant notice of the local agency's determination.(F) If the local agency has not given the applicant the written notice described in subparagraph (E), the applicant's notice shall be deemed timely if given after 60 days from the date on which the project application has been received and accepted as complete by the lead agency, or 60 days from the date on which the project application has been determined or deemed to be complete within the meaning of Section 65943, whichever is earlier.(b) For purposes of this section, the following definitions apply: (1) "Abuse of discretion" means that the conditions set forth in paragraphs (1) to (4), inclusive, of subdivision (a) are satisfied, but the local agency does not determine that the project is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). This paragraph sets forth the exclusive definition of "abuse of discretion" for purposes of this section.(2) "High-quality transit corridor" has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.(3) "Major transit stop" has the same meaning as defined in Section 21064.3 of the Public Resources Code.(4) "Proximal" to an amenity means either of the following: (A) Within one-half mile of either of the following amenities: (B) Within one mile, or for a parcel in a rural area, as defined in Section 50199.21 of the Health and Safety Code, within two miles, of any of the following amenities:(i) A supermarket or grocery store.(iii) A community center.(iv) A pharmacy or drugstore.(v) A medical clinic or hospital.(vii) A school that maintains a kindergarten or any of grades 1 to 12, inclusive.(5) "Urbanized area" has the same meaning as defined in Section 21071 of the Public Resources Code.(6)(A) "Very low vehicle travel area" means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita.(B) For purposes of subparagraph (A), "area" may include a travel analysis zone, hexagon, or grid.(C) For the purposes of determining "regional vehicle miles traveled per capita" pursuant to subparagraph (A), a "region" is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.(c) This section shall not be construed to require a local agency to determine that a project is exempt if, on the record before the local agency, the project is not eligible for exemption.(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.Ca. Gov. Code § 65589.5.1
Added by Stats 2024 ch 265 (AB 1413),s 2, eff. 1/1/2025.