Section 65589.5.2 - [Effective 1/1/2025] [Effective until 1/1/2031] "Disapprove the housing development project" explained; definitions(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 adopt a negative declaration or addendum for the project, to certify an environmental impact report for the project, or to approve another comparable environmental document, such as a sustainable communities environmental assessment pursuant to Section 21155.2 of the Public Resources Code, as required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), if all of the following conditions are satisfied:(1) There is substantial evidence in the record before the local agency that the site of the housing development project is not located on 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 paragraph, 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) There has been prepared a negative declaration, addendum, environmental impact report, or comparable environmental review document that, if duly adopted, approved, or certified by the local agency, would satisfy the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) with respect to the project.(5) The local agency or a body or official to which the agency has delegated authority to adopt, approve, or certify the negative declaration, addendum, environmental impact report, or comparable environmental review document has held a meeting at which adoption, approval, or certification of the environmental review document was on the agenda and the environmental review document could have been adopted, approved, or certified, as applicable, but the agency did either of the following: (A) Committed an abuse of discretion, as defined in subdivision (b).(B) Failed to decide whether to require further study or to adopt, approve, or certify the environmental document.(6)(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 decide or an abuse of discretion, and the local agency did not make a lawful determination about whether to adopt, approve, or certify the environmental review document within 90 days of the applicant's written notice. The applicant's written notice shall include a copy of those excerpts from the record that constitute substantial evidence that the criteria of paragraphs (1) to (4), inclusive, are satisfied.(B) If the local agency has voted to require further study, rather than adopting, approving, or certifying the negative declaration, addendum, environmental impact report, or comparable environmental review document in the form it was presented for the agency's consideration, 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 written notice of its decision to the applicant.(C) If the local agency has not voted to require further study, rather than adopting, approving, or certifying the negative declaration, addendum, environmental impact report, or comparable environmental review document in the form it was presented for the agency's consideration, the applicant's notice shall be deemed timely if given after the time period specified in Section 21151.5 of the Public Resources Code or another applicable provision of that code for completing the addendum, negative declaration, environmental impact report, or other comparable environmental review document, as applicable, has passed. If the Public Resources Code does not specifically describe the deadline to complete the applicable environmental document, a 180-day deadline is the applicable time period.(b) For purposes of this section, the following definitions apply: (1)(A) "Abuse of discretion" means either of the following: (i) If the local agency fails to adopt a negative declaration, "abuse of discretion" means that the agency, in bad faith or without substantial evidence in the record to support a fair argument that further environmental study is necessary to identify or analyze potentially significant impacts on the physical environment, decided to require further environmental study rather than adopting the negative declaration.(ii) If the local agency fails to adopt an addendum for the project, certify an environmental impact report for the project, or approve another comparable environmental document, "abuse of discretion" means that the agency, in bad faith or without substantial evidence in the record that further environmental study is legally required to identify or analyze potentially significant impacts on the physical environment, decided to require further environmental study rather than adopting, approving, or certifying the environmental review document.(B) 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 remain in effect only until January 1, 2031, and as of that date is repealed.Ca. Gov. Code § 65589.5.2
Added by Stats 2024 ch 265 (AB 1413),s 3, eff. 1/1/2025.