California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 12.5 - EXEMPTIONS FOR AGRICULTURAL HOUSING, AFFORDABLE HOUSING, AND RESIDENTIAL INFILL PROJECTS › Section 15195 - Residential Infill Exemption

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as set forth in subdivision (b),
				  CEQA does not apply to any development project that meets the following
				  criteria:
(1) The project meets the threshold
				  criteria set forth in section
				  15192; provided that with respect
				  to the requirement in section
				  15192(b)
				  regarding community-level environmental review, such review must be certified
				  or adopted within five years of the date that the lead agency deems the
				  application for the project to be complete pursuant to Section
				  65943 of
				  the Government Code.
(2) The
				  project meets both of the following size criteria:
(A) The site of the project is not more than
				  four acres in total area.
(B) The
				  project does not include any single level building that exceeds 100,000 square
				  feet.
(3) The project
				  meets both of the following requirements regarding location:
(A) The project is a residential project on
				  an infill site.
(B) The project is
				  within one-half mile of a major transit stop.
(4) The project meets both of the following
				  requirements regarding number of units:
(A)
				  The project does not contain more than 100 residential units.
(B) The project promotes higher density
				  infill housing. The lead agency may establish its own criteria for determining
				  whether the project promotes higher density infill housing except in either of
				  the following two circumstances:
1. A project
				  with a density of at least 20 units per acre is conclusively presumed to
				  promote higher density infill housing.
2. A project with a density of at least 10
				  units per acre and a density greater than the average density of the
				  residential properties within 1,500 feet shall be presumed to promote higher
				  density infill housing unless the preponderance of the evidence demonstrates
				  otherwise.
(5)
				  The project meets the following requirements regarding availability of
				  affordable housing: The project would result in housing units being made
				  available to moderate, low or very low income families as set forth in either A
				  or B below:
(A) The project meets one of the
				  following criteria, and the project developer provides sufficient legal
				  commitments to the appropriate local agency to ensure the continued
				  availability and use of the housing units as set forth below at monthly housing
				  costs determined pursuant to paragraph (3) of subdivision (h) of Section
				  65589.5 of
				  the Government Code.
1. At least 10 percent of
				  the housing is sold to families of moderate income, or
2. Not less than 10 percent of the housing is
				  rented to families of low income, or
3. Not less than 5 percent of the housing is
				  rented to families of very low income.
(B) If the project does not result in housing
				  units being available as set forth in subdivision (A) above, then the project
				  developer has paid or will pay in-lieu fees pursuant to a local ordinance in an
				  amount sufficient to result in the development of an equivalent number of units
				  that would otherwise be required pursuant to subparagraph
				  (A).