Last October, Governor Brown signed into law Senate Bill 226 (Simitian) as part of a package of CEQA reforms intended in part to streamline CEQA review for infill projects. The intention was clear: to relieve certain beneficial development projects from unnecessary and costly CEQA documentation. Now, the Governor’s Office of Planning and Research (“OPR”) has proposed rules to implement those streamlining measures (“Guidelines”). Unfortunately, these proposed Guidelines have introduced a host of limitations and requirements not mandated by S.B. 226 that may severely limit the availability of this expedited process for many infill projects.

OPR is soliciting comments on the proposed Guidelines through February 24, 2012. All those interested in infill development—local governments, property owners, affordable housing advocates, economic development proponents, and developers—should make sure that OPR hears their concerns about the unintended negative impact of the proposed Guidelines. Those comments could play a significant role in the practical utility of the final adopted Guidelines.

Please see full alert below for more information.