(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 adopt a negative declaration or addendum for the project, to certify an environmental impact report for the project, or to approve another comparable environmental document, such as a sustainable communities environmental assessment pursuant to Section 21155.2 of the Public Resources Code, as required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), if all of the following conditions are satisfied: (1) There is substantial evidence in the record before the local agency that the site of the housing development project is not located on 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 paragraph, 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) There has been prepared a negative declaration, addendum, environmental impact report, or comparable environmental review document that, if duly adopted, approved, or certified by the local agency, would satisfy the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) with respect to the project. (5) The local agency or a body or official to which the agency has delegated authority to adopt, approve, or certify the negative declaration, addendum, environmental impact report, or comparable environmental review document has held a meeting at which adoption, approval, or certification of the environmental review document was on the agenda and the environmental review document could have been adopted, approved, or certified, as applicable, but the agency did either of the following: (A) Committed an abuse of discretion, as defined in subdivision (b). (B) Failed to decide whether to require further study or to adopt, approve, or certify the environmental document. (6) (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 decide or an abuse of discretion, and the local agency did not make a lawful determination about whether to adopt, approve, or certify the environmental review document within 90 days of the applicantâs written notice. The applicantâs written notice shall include a copy of those excerpts from the record that constitute substantial evidence that the criteria of paragraphs (1) to (4), inclusive, are satisfied. (B) If the local agency has voted to require further study, rather than adopting, approving, or certifying the negative
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