California § 21081.3 - Except as specified in subdivision (b), a lead agency is not required to evaluate

§ 21081.3. Except as specified in subdivision (b), a lead agency is not required to evaluate

(a) Except as specified in subdivision (b), a lead agency is not required to evaluate the aesthetic effects of a project and aesthetic effects shall not be considered significant effects on the environment if the project involves the refurbishment, conversion, repurposing, or replacement of an existing building that meets all of the following requirements: (1) The building is abandoned, dilapidated, or has been vacant for more than one year. (2) The building site is immediately adjacent to parcels that are developed with qualified urban uses or at least 75 percent of the perimeter of the site adjoins parcels that are developed with qualified urban uses and the remaining 25 percent of the site adjoins parcels that previously have been developed for qualified urban uses. (3) The project includes the construction of housing. (4) Any new structure does not substantially exceed the height of the existing structure. (5) The project does not create a new source of substantial light or glare. (b) Subdivision (a) shall not apply to either of the following: (1) A project with potentially significant aesthetic effects on an official state scenic highway established pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code. (2) A project with potentially significant aesthetic effects on historical or cultural resources. (c) This section does not alter, affect, or otherwise change the authority of a lead agency to consider aesthetic issues and to require the mitigation or avoidance of adverse aesthetic effect pursuant to other laws. (d) For purposes of this section, “dilapidated” means decayed, deteriorated, or fallen into such disrepair through neglect or misuse so as to require substantial repair for safe and proper use. (e) If the lead agency determines that it is not required to evaluate the aesthetic effects of a project pursuant to this section, and the lead agency determines to approve or carry out that project, the lead agency shall file a notice with the Office of Planning and Research and the county clerk of the county in which the project is located in the manner specified in subdivisions (b) and (c) of Section 21108 or subdivisions (b) and (c) of Section 21152. (f) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.