Today’s post is on AB 1804, which creates a new CEQA exemption for housing projects.

The new law provides a statutory exception from California’s Environmental Quality Act – CEQA – for infill development, residential and mixed‑use housing projects that occur within an unincorporated area of a county.

Essentially, CEQA requires a lead agency to prepare or cause to be prepared and certify a completion of an environment impact report on a project that it proposes to carry out or approve 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.

Assembly Bill 1804 exempts from CEQA, only until January 1, 2025, residential or mixed‑use housing projects that are located in unincorporated areas of a county meeting certain requirements. The lead agency must file a Notice of Exemption with the Office of Planning and Research and the county clerk in the county in which that project is located.

Now, there are a number of different requirements for that residential or mixed‑use housing project to meet. The new CEQA exception only applies if all of these conditions that are described in this new code section are met. Once all those provisions are met, then the CEQA exemption applies.

You’ll have to take a look at Section 21159.25 of California’s Public Resources Code to read all of the different conditions that must be met.

You can find a transcript of today’s podcast here.

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