California Environmental Quality Act: urbanized areas.
The implications of AB 239 on existing state laws relate primarily to how local governments plan and execute development projects. The bill mandates that any unincorporated area meeting the newly stipulated density requirements will be treated as urbanized. This transition may enable these areas to access more stringent environmental review processes when planning, thereby ensuring projects contribute to sustainable urban growth and appropriate infrastructure levels. Critics may view this as a necessary step toward combating urban sprawl and environmental degradation.
Assembly Bill No. 239, introduced by Assembly Member Ridley-Thomas, aims to amend sections of the Public Resources Code associated with the California Environmental Quality Act (CEQA). The primary focus of this bill is to redefine the criteria for what constitutes an 'urbanized area' in California, particularly regarding unincorporated regions surrounded by incorporated cities. By setting a specific population density threshold of at least 1,000 persons per square mile for these unincorporated areas, the bill intends to align existing definitions with urban development patterns prevalent in many regions of the state.
However, the bill may also ignite debates about local governance and control. Critics might argue that imposing a state-level density requirement could undermine the rights of local jurisdictions to define and manage their growth according to specific community needs. Local governments may contend that state-level regulations should not preempt local decision-making processes regarding land use and zoning policies, particularly in diverse communities where development pressures vary significantly from region to region.