California § 21080.1 - The lead agency shall be responsible for determining whether the project is exemp

§ 21080.1. The lead agency shall be responsible for determining whether the project is exemp

(a) The lead agency shall be responsible for determining whether the project is exempt from this division and whether an environmental impact report, a negative declaration, or a mitigated negative declaration shall be required for any project that is subject to this division. That determination shall be final and conclusive on all persons, including responsible agencies, unless challenged as provided in Section 21167. (b) (1) If a proposed housing development project would otherwise be exempt from this division pursuant to a statutory exemption, or categorical exemption pursuant to Class 1 to 5, inclusive, 12, 15, 20, 27, 30, or 32 that is adopted before January 1, 2026, but for a single condition detailed in the statutory exemption or in Section 15300.2, 15301, 15302, 15303, 15304, 15305, 15312, 15315, 15320, 15322, 15327, 15330, or 15332 of Title 14 of the California Code of Regulations, as applicable, the application of this division to the approval of the proposed housing development project shall be limited to effects upon the environment that are caused solely by that single condition. (2) An initial study or environmental impact report prepared for a housing development project subject to this subdivision is only required to examine those effects that the lead agency determines, based upon substantial evidence in the record, are caused solely by the single condition that makes the proposed housing development project ineligible for the statutory exemption or categorical exemption. (3) An environmental impact report for a housing development project subject to this subdivision is not required to include any discussion of alternatives to the housing development project or the growth-inducing impacts of the housing development project. (4) This subdivision does not apply to any of the following housing development projects: (A) A proposed housing development project that is not similar in kind to the projects listed in the statutory or categorical exemption. (B) A proposed housing development project that is ineligible for the statutory exemption or categorical exemption due to two or more conditions. (C) A proposed housing development project that includes a distribution center or oil and gas infrastructure. (D) (i) A proposed housing development project located on natural and protected lands, as defined pursuant to Section 21067.5. (ii) The definition of “natural and protected lands” described in clause (i) does not include the lands described in subdivision (o) of Section 21067.5. (E) The project site or the parcel size exceeds four acres, and either of the following occurred: (i) The project is a builder’s remedy project, as defined in paragraph (11) of subdivision (h) of Section 65589.5 of the Government Code. (ii) The project applicant applied pursuant to paragraph (5) of subdivision (d) of Section 65589.5 of the Government Code as it read before January 1, 2025. (5) For purposes of this subdivision, the following definitions apply: (A) “Condition” means a physical or regulatory feature of the project or its setting or an effect upon the environment caused by the project. (B) “Housing development project” has the same meaning as defined in Section 65589.5 of the Government Code. (c) In the case of a project described in subdivision (c) of Section 21065, the lead agency shall, upon the request of a potential applicant, provide for consultation before the filing of the application regarding the range of actions, potential alternatives, mitigation measures, and any potential and significant effects on the environment of the project.