AB 130 CEQA Exemption Eligibility Checklist

Housing Development Project

Blank responses must be completed by the applicant and subsequently verified by the Department of City Planning. One of the following must be "Yes".

1.

The project proposes Residential units only, inclusive of single family dwellings.

2.

For Mixed-Use developments with both residential and nonresidential uses proposed, any of the following must be true:

• At least two-thirds of the square footage of the development is designated for residential use (including additional density, floor area, and units, and any other concession, incentive, or waiver, granted pursuant to the Density Bonus Law).
  
• 50% of new or converted square footage is designated for residential use and the project includes at least 500 net new residential units and is not a hotel,motel, bed and breakfast inn, or transient lodging except a portion of the project may be designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code

3.

The project is Transitional housing or supportive housing.

4.

The project is Farmworker housing. Farmworker housing is defined pursuant to Section 50199.7(h) of the Health and Safety Code as housing for agricultural workers that is available to, and occupied by, only farmworkers and their households.

Exemption Eligibility Criteria

All answers must be "Yes".

• 1-4 below to be completed by the applicant in consultation with the Department of City Planning as needed, and subsequently verified by the Department of City Planning


• 5 and 6 below to be prepopulated by ZIMAS and may require further review by the Department of City Planning as needed.

1.

Project site does not exceed 20 acres (871,200 sq ft).

2.

The project is consistent with the applicable general plan and zoning ordinance, zoning standards, as well as any applicable local coastal program as defined in Public Resources Code Section 30108.6. A housing development project shall be deemed consistent with the applicable general plan and zoning ordinance, and any applicable local coastal program, if there is substantial evidence that would allow a reasonable person to conclude that the housing development project is consistent. If the zoning and general plan are not consistent with one another, a project shall be deemed consistent with both if the project is consistent with one. The approval of a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to Section 65915 of the Government Code shall not be grounds for determining that the project is inconsistent with the applicable general plan, zoning ordinance, or local coastal program.

3.

The project density is at least 15 units per acre

4.

No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, not including residential hotels.Residential hotels are defined as any building containing six or more guestrooms or efficiency units, which are used, rented, or hired out, to be occupied for sleeping purposes by guests, and is also the primary residence of those guests. Buildings which are primarily used by transient guests who do not occupy that building as their primary residence are not included in the definition of residential hotels.

5.

The project site meets any of the following regarding urban uses. "Urban uses" means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses:

1. Has been previously developed with an urban use


2. At least 75% of the perimeter of the site adjoins parcels that are developed with urban uses


3. At least 75% of the area within a one-quarter mile radius is developed with urban uses


4. For sites with four sides, at least three out of four sides are developed with urban uses and at least two-thirds of the perimeter of the site adjoins parcels that are developed with urban uses.

6.

The project does not require the demolition of a historic structure that was placed on a national, state, or local historic register before the date a preliminary application was submitted for the project pursuant to Section 65941.1 of the Government Code.

Environmental Standards

To be verified by the Department of City Planning in consultation with other agencies as needed. All answers must be "No".

Is the development located on a site that is any of the following:

1.

(i) An area of the coastal zone subject to paragraph (1) or (2) of subdivision (a) of Section 30603 of the Public Resources Code.

(ii) An area of the coastal zone that is not subject to a certified local coastal program or a certified land use plan.

(iii) An area of the coastal zone that is vulnerable to five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local government's coastal hazards vulnerability assessment.

(iv) In a parcel within the coastal zone that is not zoned for multifamily housing.

(v)(I) In a parcel in the coastal zone and located on, or within a 100-foot radius of, a wetland, as defined in Section 30121 of the Public Resources Code.

(v)(II) In a parcel in the coastal zone and located on prime agricultural land, as defined in Sections 30113 and 30241 of the Public Resources Code.

2.

Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

3.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

4.

Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within the state responsibility area, as defined in Section 4102 of the Public Resources Code. This restriction does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions:

• Section 4291 of the Public Resources Code or Section 51182, as applicable.


• Section 4290 of the Public Resources Code.


• Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).

5.

A hazardous waste site that is currently listed pursuant to Government Code section 65962.5, or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Health and Safety Code section 25356. This restriction does not apply to sites the State Department of Public Health, State Water Resources Control Board, or the Department of Toxic Substances Control has cleared for residential use or residential mixed use.

6.

Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist. This restriction does not apply if the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

7.

Within a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal emergency Management Agency. This restriction does not apply if the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local government. This restriction does not apply if the development proponent can demonstrate that they will be able to meet the minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter 1 of Title 44 of the Code of Federal Regulations.

8.

Within a regulatory floodway, as determined by the Federal Emergency Management Agency, in any official maps published by the Federal Emergency Management Agency. This restriction does not apply if the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

9.

Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), a habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or another adopted natural resource protection plan.

A. Natural Community Conservation Planning Act

B. Habitat Conservation Plan

C. Other Adopted Natural Resource Protection Plan (LA County Significant Ecological Areas)

10.

Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

11.

Lands under a conservation easement.