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California Public Resources Code Section 21094.5

Legal Research Home > California Laws > Public Resources Code > California Public Resources Code Section 21094.5

21094.5.  (a) (1) If an environmental impact report was certified
for a planning level decision of a city or county, the application of
this division to the approval of an infill project shall be limited
to the effects on the environment that (A) are specific to the
project or to the project site and were not addressed as significant
effects in the prior environmental impact report or (B) substantial
new information shows the effects will be more significant than
described in the prior environmental impact report. A lead agency's
determination pursuant to this section shall be supported by
substantial evidence.
   (2) An effect of a project upon the environment shall not be
considered a specific effect of the project or a significant effect
that was not considered significant in a prior environmental impact
report, or an effect that is more significant than was described in
the prior environmental impact report if uniformly applicable
development policies or standards adopted by the city, county, or the
lead agency, would apply to the project and the lead agency makes a
finding, based upon substantial evidence, that the development
policies or standards will substantially mitigate that effect.
   (b) If an infill project would result in significant effects that
are specific to the project or the project site, or if the
significant effects of the infill project were not addressed in the
prior environmental impact report, or are more significant than the
effects addressed in the prior environmental impact report, and if a
mitigated negative declaration or a sustainable communities
environmental assessment could not be otherwise adopted, an
environmental impact report prepared for the project analyzing those
effects shall be limited as follows:
   (1) Alternative locations, densities, and building intensities to
the project need not be considered.
   (2) Growth inducing impacts of the project need not be considered.
   (c) This section applies to an infill project that satisfies both
of the following:
   (1) The project satisfies any of the following:
   (A) Is consistent with the general use designation, density,
building intensity, and applicable policies specified for the project
area in either a sustainable communities strategy or an alternative
planning strategy for which the State Air Resources Board, pursuant
to subparagraph (H) of paragraph (2) of subdivision (b) of Section
65080 of the Government Code, has accepted a metropolitan planning
organization's determination that the sustainable communities
strategy or the alternative planning strategy would, if implemented,
achieve the greenhouse gas emission reduction targets.
   (B) Consists of a small walkable community project located in an
area designated by a city for that purpose.
   (C) Is located within the boundaries of a metropolitan planning
organization that has not yet adopted a sustainable communities
strategy or alternative planning strategy, and the project has a
residential density of at least 20 units per acre or a floor area
ratio of at least 0.75.
   (2) Satisfies all applicable statewide performance standards
contained in the guidelines adopted pursuant to Section 21094.5.5.
   (d) This section applies after the Secretary of the Natural
Resources Agency adopts and certifies the guidelines establishing
statewide standards pursuant to Section 21094.5.5.
   (e) For the purposes of this section, the following terms mean the
following:
   (1) "Infill project" means a project that meets the following
conditions:
   (A) Consists of any one, or combination, of the following uses:
   (i) Residential.
   (ii) Retail or commercial, where no more than one-half of the
project area is used for parking.
   (iii) A transit station.
   (iv) A school.
   (v) A public office building.
   (B) Is located within an urban area on a site that has been
previously developed, or on a vacant site where at least 75 percent
of the perimeter of the site adjoins, or is separated only by an
improved public right-of-way from, parcels that are developed with
qualified urban uses.
   (2) "Planning level decision" means the enactment or amendment of
a general plan, community plan, specific plan, or zoning code.
   (3) "Prior environmental impact report" means the environmental
impact report certified for a planning level decision, as
supplemented by any subsequent or supplemental environmental impact
reports, negative declarations, or addenda to those documents.
   (4) "Small walkable community project" means a project that is in
an incorporated city, which is not within the boundary of a
metropolitan planning organization and that satisfies the following
requirements:
   (A) Has a project area of approximately one-quarter mile diameter
of contiguous land completely within the existing incorporated
boundaries of the city.
   (B) Has a project area that includes a residential area adjacent
to a retail downtown area.
   (C) The project has a density of at least eight dwelling units per
acre or a floor area ratio for retail or commercial use of not less
than 0.50.
   (5) "Urban area" includes either an incorporated city or an
unincorporated area that is completely surrounded by one or more
incorporated cities that meets both of the following criteria:
   (A) The population of the unincorporated area and the population
of the surrounding incorporated cities equal a population of 100,000
or more.
   (B) The population density of the unincorporated area is equal to,
or greater than, the population density of the surrounding cities.

Last modified: February 22, 2013