BILL NUMBER: AB 1387 CHAPTERED 09/29/06 CHAPTER 715 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006 APPROVED BY GOVERNOR SEPTEMBER 29, 2006 PASSED THE ASSEMBLY AUGUST 24, 2006 PASSED THE SENATE AUGUST 21, 2006 AMENDED IN SENATE AUGUST 7, 2006 AMENDED IN ASSEMBLY JANUARY 13, 2006 AMENDED IN ASSEMBLY APRIL 18, 2005 INTRODUCED BY Assembly Member Jones FEBRUARY 22, 2005 An act to add Section 21081.2 to the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGEST AB 1387, Jones CEQA: residential infill projects. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact report on a project, as defined, 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 prohibits a public agency from approving or carrying out a project for which an environmental impact report has been certified that identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless the public agency makes specified findings with respect to each significant effect, including, among other things, that (1) the changes or alterations have been required in, or incorporated into, the project that mitigate or avoid the significant effect on the environment or (2) those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. The bill would provide that, except as specified, if a residential project, not exceeding 100 units, with a minimum residential density of 20 units per acre, and within one-half mile of the transit stop, on an infill site, as defined, in an urbanized area, as defined, is in compliance with the traffic, circulation, and transportation policies of the general plan, applicable community plan, applicable specific plan, and applicable ordinances of the city or county, and the city or county with jurisdiction over the area where the project is located requires that the mitigation measures approved in a previously certified project area environmental impact report, as the bill would define that term, applicable to the project be incorporated into the project, the city or county is not required to comply with specified requirements with respect to the making of any findings regarding the significant environmental effects from impacts of the project on traffic at intersections, or on streets, highways, or freeways. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 21081.2 is added to the Public Resources Code, to read: 21081.2. (a) Except as provided in subdivision (c), if a residential project, not exceeding 100 units, with a minimum residential density of 20 units per acre and within one-half mile of a transit stop, on an infill site in an urbanized area is in compliance with the traffic, circulation, and transportation policies of the general plan, applicable community plan, applicable specific plan, and applicable ordinances of the city or county with jurisdiction over the area where the project is located, and the city or county requires that the mitigation measures approved in a previously certified project area environmental impact report applicable to the project be incorporated into the project, the city or county is not required to comply with subdivision (a) of Section 21081 with respect to the making of any findings regarding the impacts of the project on traffic at intersections, or on streets, highways, or freeways. (b) Nothing in subdivision (a) restricts the authority of a city or county to adopt feasible mitigation measures with respect to the impacts of a project on pedestrian and bicycle safety. (c) Subdivision (a) does not apply in any of the following circumstances: (1) The application for a proposed project is made more than five years after certification of the project area environmental impact report applicable to the project. (2) A major change has occurred within the project area after certification of the project area environmental impact report applicable to the project. (3) The project area environmental impact report applicable to the project was certified with overriding considerations pursuant to subdivision (b) of Section 21081 to the significant impacts on the environment with respect to traffic or transportation. (4) The proposed project covers more than four acres. (d) A project shall not be divided into smaller projects in order to qualify pursuant to this section. (e) Nothing in this section relieves a city or county from the requirement to analyze the project's effects on traffic at intersections, or on streets, highways, or freeways, or from making a determination that the project may have a significant effect on traffic. (f) For the purposes of this section, "project area environmental impact report" means an environmental impact report certified on any of the following: (1) A general plan. (2) A revision or update to the general plan that includes at least the land use and circulation elements. (3) An applicable community plan. (4) An applicable specific plan. (5) A housing element of the general plan, if the environmental impact report analyzed the environmental effects of the density of the proposed project. (6) A zoning ordinance.