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A. The Common Sense CEQA Exemption Does Not Apply The common sense exemption from the California Environmental Quality Act is only available for projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." (14 Cal. Code Reg. §15061, subd. (b)(3)). The Planning Commission argues this standard is satisfied because "it can be seen with certainty that there is no possibility that this action may have a significant impact on the environment."This amounts to no more than a conclusory statement that the exemption is satisfied-and it is wrong as a matter of fact. California's housing shortage is having sustained and dramatic effects on the environment. New housing is increasingly located far from jobs, leading to increased vehicle miles traveled and greenhouse gas emissions.Multifamily development is banned on the majority of residential land in the state,even though multifamily buildings are vastly more efficient for both energy and water compared to single-family dwellings. One of the main drivers of the housing shortage and unsustainable development patterns is restrictive regulation established through small changes to local ordinances such as the proposed standards.'The city cannot plausibly conclude with certainty that the cumulative effects of the proposed standards will not have significant environmental impacts. CEQA requires Pleasanton to analyze these impacts. B. The CEQA Exemption for Projects Consistent with the City's General Plan Does Not Apply The CEQA exemption for projects consistent with the City's general plan likewise does not apply. The wording of this exemption makes clear it is intended to cover City approval of housing development projects, not changes to City regulations. It repeatedly refers to "the project or its site" and "the project or the parcel on which the project would be located."(See generally 14 Cal. Code Regs. § 15183.) Furthermore, this exemption discusses "uniformly applied development policies or standards" - which would, presumably, include objective design standards - in a manner that unambiguously indicates the adoption of such policies or standards falls outside the exemption. (See id. at subd. (f), subd.(g).) Hence, the Council cannot rely on this exemption to avoid CEQA in adopting the proposed standards. II. THE HOUSING CRISIS ACT OF 2019 PROHIBITS DOWNZONINGS - AND THIS INCLUDES MANY OF THE PROPOSED STANDARDS The Housing Crisis Act of 2019 (SS 330) prohibits local jurisdictions from enacting new laws that would reduce or limit new housing production or delay new housing through administrative or other regulatory barriers. It prohibits local jurisdictions from enacting changes that would reduce residential density or downzone any specific property to a "less See Bronin,Sara C.,Zoning by a Thousand Cuts(February 24.2021).Pepperdine Law Review,Vol.50, 2023,available at:https:/Jssrn comlabstract=3792544 or httpaldx.doiorgl10.2139issrn3792544. 2of6