§ 21159.28
358 words·~2 min read·
/ca/public-resources-code/21159-28A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)If a residential or mixed-use residential project is consistent with the use designation, density, building intensity, and applicable policies specified for the project area in either a sustainable communities strategy or an alternative planning strategy, for which the State Air Resources Board pursuant to subparagraph
(I)of paragraph
(2)of subdivision
(b)of Section 65080 of the Government Code has accepted the metropolitan planning organization’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets and if the project incorporates the mitigation measures required by an applicable prior environmental document, then any findings or other determinations for an exemption, a negative declaration, a mitigated negative declaration, a sustainable communities environmental assessment, an environmental impact report, or addenda prepared or adopted for the project pursuant to this division shall not be required to reference, describe, or discuss
(1)growth inducing impacts; or
(2)any project specific or cumulative impacts from cars and light-duty truck trips generated by the project on global warming or the regional transportation network.
(b)Any environmental impact report prepared for a project described in subdivision
(a)shall not be required to reference, describe, or discuss a reduced residential density alternative to address the effects of car and light-duty truck trips generated by the project.
(c)“Regional transportation network,” for purposes of this section, means all existing and proposed transportation system improvements, including the state transportation system, that were included in the transportation and air quality conformity modeling, including congestion modeling, for the final regional transportation plan adopted by the metropolitan planning organization, but shall not include local streets and roads. Nothing in the foregoing relieves any project from a requirement to comply with any conditions, exactions, or fees for the mitigation of the project’s impacts on the structure, safety, or operations of the regional transportation network or local streets and roads.
(d)A residential or mixed-use residential project is a project where at least 75 percent of the total building square footage of the project consists of residential use or a project that is a transit priority project as defined in Section 21155.