Public Resources Code section 21080.73


Notwithstanding any other law, a housing development project, as defined in paragraph (2) of subdivision (a) 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.

Source: Section 21080.73, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PRC§ionNum=21080.­73.­ (updated Oct. 11, 2025; accessed Oct. 20, 2025).

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Verified:
Oct. 20, 2025

§ 21080.73's source at ca​.gov