Official Summary Text
AB 1732, as amended, Alvarez.
California Environmental Quality Act: exemption:
housing development project: public higher education land use plan.
affordable housing projects: public university or public college housing projects.
The California Environmental Quality Act (CEQA) 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 or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
CEQA exempts from its requirements certain housing development projects that meet specified conditions, including a condition that the project is
consistent with the applicable general plan and zoning ordinance, as well as any applicable local coastal program. CEQA requires a local government to provide formal notification to each California Native American tribe that is traditionally and culturally affiliated with the project site as an invitation to consult on the proposed project, as provided.
This bill would provide that a housing development project that is consistent with the applicable public higher education land use plan would also meet that condition. The bill would further provide that a housing development project that is not subject to an applicable general plan, zoning ordinance, or public higher education land use plan would satisfy that condition if there is substantial evidence that would allow a reasonable person to conclude that the housing development project meets specified conditions, including a condition that the project satisfies the statewide performance standards for infill
projects, as provided. Because the bill would increase duties on a local government related to this exemption by expanding the exemption to additional projects, this bill would impose a state-mandated local program.
CEQA, until January 1, 2033, exempts from its requirements certain actions for affordable housing projects that meet specified requirements, including confirmation by a public agency that, among other things, the project site satisfies specified requirements and a vacant project site does not contain tribal cultural resources that could be affected by the development that were found pursuant to a consultation and the effects of which cannot be mitigated, as provided.
This bill would expand the
above-described exemption to also include a public university or public college housing project, as defined, that meets specified requirements. The bill would delete the requirement relating to tribal cultural resources on a vacant project site and would instead require a lead agency to provide notice to, and consult with, California Native American tribes before approving or carrying out an affordable housing or public university or public college housing project, as provided. The bill would authorize the lead agency to impose conditions of approval on these housing projects to avoid or mitigate potential impacts to tribal cultural resources. The bill would require a lead agency, rather than a public agency, to make the confirmations described above. Because the bill would increase duties on a lead agency related to the expansion of this exemption, the bill would impose a state-mandated local program. The bill would extend the operation of these provisions to January 1, 2037.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.