5. Streamlining of Urban Infill EIRs
Program EIR (CCR §15168)
Master EIR (§§PRC 21157 – 21158.5, CCR §15175)
6. Program EIR
Designate infill development land uses and formulate
community-driven development intensity standards
Use specific plan or similar area plan in desired infill target
areas
CEQA:
In the Program EIR, state intent to use to streamline
Find consistent projects “within the scope” of the Program
EIR or
Simplify and focus subsequent environmental documents
on consistent projects
Guidelines Section 15168
7. Master EIR
Listing infill developments or development sites as
“subsequent projects” in a Master EIR for a plan or
program (e.g., General Plan, Redevelopment Plan)
Include type, minimum/maximum intensity,
location, per Guidelines §15176(b)
CEQA:
Cover infill subsequent projects in the Master EIR
Seek to find consistent projects “within the scope” or
Limit additional environmental documentation
8. CEQA Infill Exemption
Inside city limits, §15332 is
available.
2007 Book of Lists Survey:
100+ cities used it in 2005 and/or 2006
From 1 to 250 times
(2 or 3 times per day?)
Only applies to cities, which
causes much consternation for
counties
9. Qualifying Criteria
(a) The project is consistent with the applicable general plan
designation and all applicable general plan policies as well as
with applicable zoning designation and regulations.
(b) The proposed development occurs within city limits on a project
site of no more than five acres substantially surrounded by urban
uses.
(c) The project site has no value as habitat for endangered, rare or
threatened species.
(d) Approval of the project would not result in any significant effects
relating to traffic, noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and
public services.
10. CEQA Exemption for Infill
Either:
at least 10 percent of housing will be sold to moderate
income families
not less than 10 percent of housing will be rented to low
income families
not less than 5 percent of housing will be rented to very-low
income families or
the developer has paid or will pay “in-lieu fees” pursuant to
ordinance in amounts sufficient to ensure the development
of such units
11. CEQA Exemption for Infill
PRC Section 21159.24 creates an exemption applicable where
the project is:
residential on infill site
not more than four acres in total area
in an urbanized area
100 or fewer residential units
not including any single-level building exceeding 100,000
square feet
within one-half mile of a major transit stop
higher density infill housing
community-level environmental review was completed
within 5 years prior to project application completeness
determination, and
12. Bankers Hills CEQA Case
Project (San Diego):
14-story, 14-unit residential building on 1.9 ac.
Abutting uses: Balboa Park, condo tower
Consistent with GP and zoning
Busy traffic intersection nearby
Relevant Causes of Action:
Not substantially surrounded by urban uses (park)
Not consistent with the General Plan
Significant traffic impacts would occur
Balboa Park and congestion = “unusual circumstances”
13. Banker’s Hill Decision
Proper use of Class 32 affirmed based on City’s substantial
evidence
Balboa Park considered an urban use
Findings of no significant impacts on traffic, noise, AQ, WQ
based on substantial evidence
Conclusion that no significant impacts occurred because of
unusual circumstances affirmed after considering fair
argument (park and congestion were not “unusual” in
urban setting)
Banker’s Hill, Hillcrest, Park West Community Preservation
v. City of San Diego, 4th Appellate District, May 8, 2006
14. SB 375 Streamlining
RTP EIR addresses SCS. If an
APS is prepared simultaneously,
RTP EIR can also cover it.
Infill projects can benefit from
CEQA streamlining, if they
qualify
15. Projects Consistent with SCS/APS
Qualifications:
Residential project or mixed-use
with no more than 25% non-
residential
Consistent with SCS/APS with
EIR (land use designation,
density, building intensity,
applicable policies)
CEQA Benefit: Need not repeat
growth-inducing and GHG
effects from cars and light
trucks, nor include a less dense
alternative to reduce GHG
16. Transit Priority Projects
Basic qualifications to be a TPP:
At least 50% residential use, with a minimum net
density of 20 units/ac
If commercial use is included, it must have an FAR of
at least 0.75
Located within ½ mile of major transit stop or high-
quality transit corridor in the RTP
17. Basic TTP – Approve with SCEA
Qualify for Sustainable
Communities EA:
Incorporate all feasible
mitigation, performance
standards, or criteria in EIR
18. TPP Qualifying for Exemption
Complete CEQA exemption, if meets basic
qualifications, plus:
Maximum of 8 acres or 200 dwelling units
served by existing utilities
No significant historic resources effect
15% more energy efficient and 25% improved
water conservation, and
19. Community Programs and Plans
Designate infill development areas as a special use in a
General Plan, Community Plan, or zoning program
Set sideboards for land use types and development
parameters
CEQA:
Cover infill development in the GP EIR, Community Plan
EIR, or EIR on zoning program
Use §21083.3/§15183 to exempt covered issues, and
cover only what is peculiar to the site or project, not
previously analyzed, substantially more severe now
20. SB 226/CEQA 15183.3
Pub. Res. Code 21094.5:
Establishes streamlining method for any defined “infill project”
located:
in an “urban area” in a city or county
on a previously developed site or a vacant site that is 75%
contiguous to urban parcel
in a area subject to a prior “planning level decision” (i.e., a
general plan, community plan, specific plan, or zoning) for
which an EIR was certified
21. SB 226/CEQA 15183.3
An eligible infill project must satisfy both of the following:
Any of these three conditions:
Be consistent with an adopted “sustainable communities
strategy” (SCS) or an “alternative planning strategy” (APS)
Consist of a “small walkable community project” (as defined)
In a community without an adopted SCS or APS, have a
residential density of more than 20 du/acre or a FAR of at
least 75%
All applicable statewide performance standards adopted
pursuant to Pub. Res. Code 21094.5.5 (to be effective 1/1/13)
22. Plan for Infill in Advance
Plan ahead for infill, regardless of planning vehicle
Quickly coordinate local plans with SCS to add SB
375 streamlining as a possible strategy
Take advantage of existing “regular” CEQA
streamlining provisions for later projects. Lead
public education campaign during the planning
process to help community understand the strategy
Promote community benefits, gain community
support
Also, use Class 32 exemption in cities, if it applies
23. Recent CEQA Movements
In 2012, it is all about what did not pass.
CEQA relief for High Speed Rail
CEQA relief for LA Communication Systems
Aggressive expansion of AB 900 – CEQA relief for
Leadership Projects.
Get ready folks, CEQA reform/modernization/
enhancement/streamlining it is coming!
24. AB 900
• Leadership Project” includes:
– A residential, retail, commercial, sports, cultural,
entertainment, or recreational project that:
Is located on an infill site
Is consistent with any Sustainable Communities Strategy or
Alternative Planning Strategy adopted by an MPO pursuant
to SB 375
Achieves LEED Silver or better
Achieves a “transportation efficiency” 10% greater than for
comparable projects