www.coxcastle.com Los Angeles | Orange County | San Francisco Cox, Castle & Nicholson LLP
50 California Street, Suite 3200
San Francisco, California 94111 -4710
P: 415.262.5100 F: 415.262.5199
Christian H. Cebrian
415.262.5123
[email protected]
October 3, 2025
VIA E-MAIL
Elaine Ling
Principal Planner
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
Email: [email protected]
Re: AB 130 Eligibility
220 W. 20th Avenue, San Mateo
APN No. 039-030-400
Dear Ms. Ling:
On June 30, 2025, Governor Newsom signed into law Assembly Bill (“AB”) 130. AB 130 went into effect immediately by its terms. Among other changes to existing law, AB 130 established a new statutory infill exemption for purposes of the California Environmental Quality Act (“CEQA”), which is codified in Pub. Res. Code, § 21080.66. The new statutory infill exemption applies to all aspects of eligible “housing development project[s]” that meet the site eligibility and project eligibility requirements for the exemption.
On behalf of SummerHill Apartment Communities (“SummerHill”), please find enclosed a checklist substantiating the eligibility for the new statutory infill exemption for the proposed 232 residential unit project (“Project”) at 220 W. 20th Avenue.
For projects with applications “deemed compete” pursuant to Government Code Section 65589.5(h)(5) (the Housing Accountability Act) before July 1, 2026, the City must initiate tribal consultation within 14 days of notice that the Project is eligible for the AB 130 exemption.
Government Code Section 65589.5(h)(5) defines “deemed complete” to mean that the applicant has submitted an SB330 preliminary application or, if the applicant has not submitted a preliminary application, has submitted a complete formal application.
SummerHill made minor revisions to the Project’s previously submitted SB 330 preliminary application on or about June 27, 2025. Because the Project’s SB 330 preliminary application was submitted before July 1, 2026, please notify by certified mail and email each California Native American tribe that is traditionally and culturally affiliated with the project site and invite the tribes to consult on the project’s potential effects on tribal cultural resources within 14 days of receipt of this letter as contemplated by Pub. Res. Code § 21080.66(b)(1)(A)(ii).
Elaine Ling
October 3, 2025
SummerHill looks forward to working with the City to process the Project in accordance with AB 130. Please feel free to contact me or Richard Norris if you have any questions regarding the above request.
Sincerely,
Cox, Castle & Nicholson LLP
Christian H. Cebrian
Encl.
cc: Elaine Breeze
Richard Norris
- 1 -
AB 130 Infill Exemption Analysis – 220 W. 20th Avenue
On June 30, 2025, Governor Newsom signed into law AB 130, which went into effect immediately. Among other changes to existing law, AB 130 established a new statutory infill exemption under the California Environmental Quality Act, which is codified in Pub. Res. Code, § 21080.66.
Below is a checklist establishing that SummerHill Apartment Communities (“Applicant”) proposed residential development project (the “Project”) at 220 W. 20th Avenue (the “Property”) satisfies the requirement for the AB 130 infill exemption.
Site or Project Eligibility Requirement Project’s Compliance with Requirement Housing Development Project. The
project is a “housing development
project” as defined in Gov. Code §§
65905.5 and 65589.5(h)(2), which
include projects with either a single
dwelling unit, multiple residential
units only or certain mixed-use
projects.
This requirement is satisfied.
The Project proposes 232 units. The Project therefore
qualifies as a housing development project per the
definitions in Gov. Code §§ 65905.5 and 65589.5(h)(2).
Maximum Size. The project site is not
more than 20 acres. (Pub. Res. Code, §
21080.66, subd. (a)(1)(A).
This requirement is satisfied.
The project site totals approximately 1.54 acres.
Urban Area. The project site either is
located within the boundaries of an
incorporated municipality or is located
within an urban area as defined by the
United States Census Bureau. (Pub.
Res. Code, § 21080.66, subd. (a)(2).)
This requirement is satisfied.
The Property is located within the City of San Mateo (the “City”).
Urban Uses. The project site meets
any of the following criteria:
(1) Has been previously developed
with an urban use.1
(2) At least 75 percent of the
perimeter of the site adjoins2 parcels
that are developed with urban uses.
This requirement is satisfied.
The Property is developed with an existing office building and therefore meets option (1). The Property also
qualifies under options (2), (3), and (4) because it adjoins urban uses on all sides.
1 The term “urban use” is defined in Pub. Res. Code, § 21080.66, subd. (f)(3) to mean “any current or previous residential or commercial development, public institution, or public park that is surrounded by other urban uses, parking lot or structure, transit or transportation passenger facility, or retail use, or any combination of those use s.” 2 The term “adjoins” is defined in Pub. Res. Code, § 21080.66, subd. (f)(1) to “include[] parcels that are only separated by a street, pedestrian path, or bicycle path.”
- 2 -
Site or Project Eligibility Requirement Project’s Compliance with Requirement (3) At least 75 percent of the area
within one-quarter mile radius of the
site is developed with urban uses.
(4) For sites with four sides, at least
three out of the four sides are
developed with urban uses and at
least two-thirds of the perimeter of
the Site adjoins parcels that are
developed with urban uses.
(Pub. Res. Code, § 21080.66, subd.
(a)(3).)
Consistency with General Plan and
Zoning. The project is consistent with
the applicable general plan and zoning
ordinance, as well as any applicable
local coastal program. For purposes of
this requirement, a housing
development project shall be deemed
consistent with the general plan and
zoning ordinance and any applicable
local coastal program if there is
substantial evidence that would allow
a reasonable person to conclude that
the housing development project is
consistent. Further, approval of a
density bonus, incentives or
concessions, waivers or reductions of
development standards, and reduced
parking ratios per the State Density
Bonus Law shall not be a grounds for
determining that the project is
inconsistent with the applicable
general plan, zoning ordinance, or
local coastal program.
(Pub. Res. Code, § 21080.66, subd.
(a)(4).)3
This requirement is satisfied.
As demonstrated by the Project’s application materials, the Project is consistent with the applicable general plan and zoning ordinance in effect upon submittal of the
Project’s SB 330 Preliminary Application after
consideration of those standards associated with the
Project’s requested Density Bonus Law waivers and
concessions.
Minimum Density. The project must
“be at least one-half of the applicable
This requirement is satisfied.
3 See also Pub. Res. Code, § 21080.66, subd. (e), which provides that AB 130 “does not affect the eligibility of a housing development project for a density bonus, incentives or concessions, waivers or reductions of development standards, and reduced parking ratios pursuant to Section 65915 of the Government Code. ”
- 3 -
Site or Project Eligibility Requirement Project’s Compliance with Requirement density specified in subparagraph (B)
of paragraph (3) of subdivision (c) of
Section 65583.2 of the Government
Code.”
In the case of the City, which qualifies
as a jurisdiction in a metropolitan
county, this requires a minimum
density of at least 15 units per acre.
(Pub. Res. Code, § 21080.66, subd.
(a)(5).)
The Project proposes to construct a total of 232 units, which would result in a gross and net density of
approximately 150.3 dwelling units per acre.
Site Eligibility Criteria Incorporated by
Reference to Provisions of SB 35.
The project must “satisf[y] the
requirements specified in paragraph
(6) of subdivision (a) of Section
65913.4 of the Government Code.”
(Pub. Res. Code, § 21080.66, subd.
(a)(6).)
Each of the individual requirements comprising this
requirement are satisfied as discussed further below.
Coastal Zone Exclusion. The
development is not located in any
of the following:
“(i) An area of the coastal zone
subject to paragraph (1) or (2)
of subdivision (a) of Section
30603 of the Public Resources
Code.
(ii) An area of the coastal zone
that is not subject to a
certified local coastal program
or a certified land use plan.
(iii) An area of the coastal zone
that is vulnerable to five feet
of sea level rise, as determined
by the National Oceanic and
Atmospheric Administration,
the Ocean Protection Council,
the United States Geological
Survey, the University of
California, or a local
This requirement is satisfied.
The Property is not located in the coastal zone.
- 4 -
Site or Project Eligibility Requirement Project’s Compliance with Requirement government’s coastal hazards
vulnerability assessment.
(iv) In a parcel within the
coastal zone that is not zoned
for multifamily housing.
(v) In a parcel in the coastal
zone and located on either of
the following:
(I) On, or within a 100-
foot radius of, a
wetland, as defined in
Section 30121 of the
Public Resources Code.
(II) On prime
agricultural land, as
defined in Sections
30113 and 30241 of the
Public Resources Code.”
(Gov. Code, § 65913, subd.
(a)(6)(A).)
Farmland Exclusion. The project
is not located on a site that is
either prime farmland or
farmland of statewide importance
or zoned for agricultural
protection.
(Gov. Code, § 65913.4, subd.
(a)(6)(B).)
This requirement is satisfied.
The Property is not located on a site that is farmland or zoned for agricultural protection.
See the California Important Farmland Finder, available at https://maps.conservation.ca.gov/DLRP/CIFF/.
Wetlands Exclusion. The project
is not located on wetlands.
(Gov. Code, § 65913.4, subd.
(a)(6)(C).)
This requirement is satisfied.
The Property does not contain any wetlands.
See the United States Fish and Wildlife Service Wetlands Mapper, available at
https://fwsprimary.wim.usgs.gov/wetlands/apps/wetland
s-mapper/.
- 5 -
Site or Project Eligibility Requirement Project’s Compliance with Requirement
Very High Fire Hazard Severity
Zone Exclusion. The project is not
within a very high fire hazard
severity zone.
(Gov. Code, § 65913.4, subd.
(a)(6)(D).)
This requirement is satisfied.
The Property is not within a very high fire hazard severity zone.
See Figure S-12 “Wildfire Hazard Zones” within the City’s General Plan, available at:
https://strivesanmateo.org/wp-
content/uploads/2024/03/StriveSanMateo_GP2040_Ado
pted_3-18-2024_Web.pdf.
Cortese List and Hazardous
Waste Site Exclusion. The project
is not within a hazardous waste
site that is listed pursuant to Gov.
Code section 65962.5 or a
hazardous waste site designated
by the Department of Toxic
Substances Control pursuant to
Health and Safety Code section
25356 unless certain
requirements are met.
(Gov. Code, § 65913.4, subd.
(a)(6)(E).)
This requirement is satisfied.
This Property is not listed on the state’s Cortese list (i.e., the list pursuant to Gov. Code section 65962.5) and has not been designated as a hazardous waste site by the
Department of Toxic Substances Control pursuant to
Health and Safety Code section 25356.
The Cortese List Data Resources are available at
https://calepa.ca.gov/sitecleanup/corteselist/.
The EnviroStor list is available at
http://www.envirostor.dtsc.ca.gov.
Earthquake Fault Zone Exclusion.
The project is not within a
delineated earthquake fault zone
unless certain requirements are
met.
(Gov. Code, § 65913.4, subd.
(a)(6)(F).)
This requirement is satisfied.
The Property is not located within an earthquake fault
zone.
See the Fault Activity Map of California, available at
https://maps.conservation.ca.gov/cgs/fam//.
- 6 -
Site or Project Eligibility Requirement Project’s Compliance with Requirement
Special Flood Hazard Area
Exclusion. The project is not
located on lands within a special
flood hazard area subject to
inundation by the 1 percent
annual chance flood (100-year
flood) unless certain
requirements are met.
(Gov. Code, § 65913.4, subd.
(a)(6)(G).)
This requirement is satisfied.
The Property is not located within an applicable special flood hazard area.
See FEMA’s National Flood Hazard Layer Viewer, available at https://hazards-
fema.maps.arcgis.com/apps/webappviewer/index.html?i
d=8b0adb51996444d4879338b5529aa9cd.
Regulatory Floodway Exclusion.
The project is not located within a
regulatory floodway unless
certain requirements are met.
(Gov. Code, § 65913.4, subd.
(a)(6)(H).)
This requirement is satisfied.
The Property is not located within a regulatory floodway.
See FEMA’s National Flood Hazard Layer Viewer, available at https://hazards-
fema.maps.arcgis.com/apps/webappviewer/index.html?i
d=8b0adb51996444d4879338b5529aa9cd.
Conservation and Natural
Resource Protection Plan
Exclusion. The project is not
located on lands identified for
conservation, subject to a habitat
conservation plan, or other
adopted natural resource
protection plan.
(Gov. Code, § 65913.4, subd.
(a)(6)(I).)
This requirement is satisfied.
The Property is not located on lands identified for
conservation in a conservation plan.
See the California Habitat Conservation Plans Map,
available at
https://databasin.org/maps/new/#datasets=c116dd0d32
df408cb44ece185d98731c.
Protected Species Habitat
Exclusion. The project is not
located on habitat for protected
species.
(Gov. Code, § 65913.4, subd.
(a)(6)(J).)
This requirement is satisfied.
The Property is comprised of a developed, infill
parcel. The General Plan 2040 Figure COS-1 “Vegetation
Habitats” maps the site as “Urban” and does not show
any special status vegetation habitat. Further, Figures 4.3- 1 “Special-Status Plant Species and Sensitive Natural
Habitats” and 4.3-2 “Special-Status Animal Species and
- 7 -
Site or Project Eligibility Requirement Project’s Compliance with Requirement Critical Habitats” from the Strive San Mateo General Plan and Climate Plan Update’s August 2023 Draft EIR do not
indicate any special status plant of animal species critical habitats being near the site.
See also the USFWS Critical Habitat for Threatened &
Endangered Species Mapper, available at
https://www.arcgis.com/apps/mapviewer/index.html?url
=https://services.arcgis.com/QVENGdaPbd4LUkLV/ArcGIS
/rest/services/USFWS_Critical_Habitat/FeatureServer.
Conservation Easement
Exclusion. The project is not
subject to lands under a
conservation easement.
(Gov. Code, § 65913.4, subd.
(a)(6)(K).)
This requirement is satisfied. A review of the Property’s title report indicates the Property is not subject to a conservation easement.
Prohibition on Demolition of Historic
Structures. The project does not
require the demolition of a historic
structure that was placed on a
national, state, or local historic register
before the date a preliminary
application was submitted for the
project pursuant to Section 65941.1 of
the Government Code.
(Pub. Res. Code, § 21080.66, subd.
(a)(7).)
This requirement is satisfied.
The Property’s existing structures have not been placed on a national, state, or local historic register.
The City’s Historic Building Survey Final Report is available at
https://www.cityofsanmateo.org/DocumentCenter/View/
47850/Historic-Building-Survey-1989.
The primary list for the California Register of Historical Resources is available at
https://ohp.parks.ca.gov/listedresources/.
The National Register of Historic Places is available at https://www.nps.gov/subjects/nationalregister/database- research.htm.
Prohibition on Hotels and Similar
Transient Uses. For a project that is
deemed complete pursuant to
paragraph (5) of subdivision (h) of
Section 65589.5 of the Government
Code on or after January 1, 2025, no
portion of the project is designated for
use as a hotel, motel, bed and
This requirement is satisfied.
No portion of the Project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging.
- 8 -
Site or Project Eligibility Requirement Project’s Compliance with Requirement breakfast inn, or other transient
lodging.
(Pub. Res. Code, § 21080.66, subd.
(a)(8).)
109262\18931542v1