(a) For the purposes of Section 65589.5, the definition of âdisapprove the housing development projectâ may include any instance in which a local agency fails to make a determination of whether the project is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), or commits an abuse of discretion, as defined in subdivision (b), if all of the following conditions are satisfied: (1) There is substantial evidence in the record before the local agency that the housing development project is not located in either of the following: (A) On a site specified in subparagraphs (A) to (C), inclusive, or subparagraphs (E) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (B) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. (2) The housing development project is located on a legal parcel or parcels within an urbanized area and meets one or more of the following criteria: (A) The housing development project is located within one-half mile walking distance to either a high-quality transit corridor or a major transit stop. (B) The housing development project is located in a very low vehicle travel area. (C) The housing development project is proximal to six or more amenities pursuant to paragraph (4) of subdivision (b) as of the date of submission of the application for the project. (D) Parcels that are developed with urban uses adjoin at least 75 percent of the perimeter of the project site or at least three sides of a four-sided project site. For purposes of this subdivision, parcels that are only separated by a street or highway shall be considered to be adjoined. (3) The density of the housing development project meets or exceeds 15 dwelling units per acre. (4) Both of the following criteria are met: (A) There is substantial evidence in the record before the local agency that the housing development project is eligible for an exemption sought by the applicant. (B) If the exemption sought by the applicant is subject to an exception under the Guidelines for Implementation of the California Environmental Quality Act (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations), there is substantial evidence in the record before the local agency that the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2 of those guidelines. (5) (A) The applicant has given timely written notice to the local agency of the action or inaction that the applicant believes constitutes a failure to make a determination or an abuse of discretion, as defined in subdivision (b), and the local agency did not make a lawful determination within 90 days of the applicantâs written notice. The applicantâs written notice shall contain all of the following: (i) The information specified in paragraphs (1), (2), (5), and (6) of subdivision (a) of Section 15062 of Title 14 of the California Code of Regulations. (ii) A citation to the section of Title 14 of the California Code of Regulations or the statute under which the applicant asserts that the project is exempt. (iii) A brief statement of reasons supporting the assertion that the project is exempt. (iv) A copy of the excerpts from the record constituting substantial evidence that the criteria of paragraphs (1) to (4), inclusive, are satisfied. (B) Within five working days of receiving the applicantâs written notice required by subparagraph (A), the local agency shall post the notice on the local agencyâs internet website, provide a copy of the notice to any person who has made a written request for notices pursuant to subdivision (f) of Secti
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