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AB-2343 California Environmental Quality Act: exemption.(1999-2000)

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AB2343:v98#DOCUMENT

Amended  IN  Assembly  May 03, 2000

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Assembly Bill
No. 2343

Introduced  by  Assembly Member Ducheny

February 24, 2000

An act to add Section 21080.6 to the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


AB 2343, as amended, Ducheny. California Environmental Quality Act: exemption.
The existing California Environmental Quality Act (CEQA) generally requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, as defined, or to adopt a negative declaration if it finds that the project will not have that effect.
This bill would exempt from the act a development project in an urbanized area that, among other things, consists of the construction, conversion, or use of residential housing that contains not more than 200 housing units, is located within a community or neighborhood revitalization area, as defined in the bill, and is subject to an assessment prepared by a California registered environmental assessor.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 21080.6 is added to the Public Resources Code, to read:

21080.6.
 (a) This division does not apply to any development project in an urbanized area that consists of the construction, conversion, or use of residential housing if the development project meets all of the following requirements:
(1) The development project contains not more than 200 housing units.
(2) The development project is consistent with the jurisdiction’s general plan or any applicable specific plan or local coastal program as it existed on the date that the application was deemed complete.
(3) The development project is located in a community or neighborhood revitalization area.
(4) The development project is located within one-half mile of a major employment center or within one-quarter mile of a major public transportation node.

(5)The development project proposes to include, or is located within one-quarter mile of, a neighborhood convenience store, or is zoned to accommodate a neighborhood convenience store.

(6)

(5) The project site is subject to an assessment prepared by a California registered environmental assessor to determine the presence of hazardous contaminants on the site and the potential for exposure of site occupants to significant health hazards from nearby properties and activities. If hazardous contaminants on the site are found, the contaminants shall be removed or any significant effects of those contaminants shall be mitigated to a level of insignificance. If the potential for exposure to significant health hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance.
(b) For purposes of this section, the following definitions apply:
(1) “Urbanized area” means an area that has a population density of at least 1,000 persons per square mile.
(2) “Community or neighborhood revitalization area” means an area officially designated by a local agency to be the focus of revitalization or similar redevelopment efforts.
(3) “Major employment center” means a commercial facility that employs at least 1,000 workers or has a floor area of at least 15,000 square feet.
(4) “Major transportation node” means a site where two or more mass transit services, or one mass transit service with three or more mass transit lines are accessible to the public.