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DIVISION 13. ENVIRONMENTAL QUALITY [21000 - 21189.91]›CHAPTER 2.6. General [21080 - 21098]

§ 21080.73

Public Resources Code §§ 21000–21189.91 — California Environmental Quality Act · 2026 edition · updated 2026-09-22 · California

21080.73. Notwithstanding any other law, a housing development project, as defined in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code, that meets the following criteria shall be considered a discretionary project, as that term is used in subdivision (a) of Section 21080, and shall not be exempt from this division:

(a) The project is located in a city with a population of more than 85,000 but less than 95,000, as determined by the 2020 Census.

(b) The project is located in a county with a population of more than 440,000 but less than 455,000, as determined by the 2020 Census.

(c) A portion of the parcel where the project is located is identified on a United States Fish and Wildlife Service map as freshwater forested or shrub wetland.

(d) A portion of the parcel where the project is located is within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.

(e) The project is located on a parcel adjacent to a California historical landmark on the California Register of Historic Places.

(Added by Stats. 2025, Ch. 650, Sec. 10. (SB 158) Effective October 11, 2025.)

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▸Contents — Public Resources Code §§ 21000–21189.91 — California Environmental Quality Act

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