BILL NUMBER: AB 436 CHAPTERED 10/11/01 CHAPTER 701 FILED WITH SECRETARY OF STATE OCTOBER 11, 2001 APPROVED BY GOVERNOR OCTOBER 10, 2001 PASSED THE ASSEMBLY SEPTEMBER 13, 2001 PASSED THE SENATE SEPTEMBER 12, 2001 AMENDED IN SENATE SEPTEMBER 7, 2001 AMENDED IN SENATE AUGUST 20, 2001 AMENDED IN SENATE JUNE 28, 2001 AMENDED IN ASSEMBLY MAY 23, 2001 INTRODUCED BY Assembly Member Chan FEBRUARY 20, 2001 An act to add and repeal Section 21158.6 of the Public Resources Code, relating to environmental quality, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 436, Chan. Resources and environmental protection: California Environmental Quality Act: focused environmental impact reports. (1) The existing California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment, or to adopt a negative declaration if it finds that the project will not have that effect. The act authorizes the utilization of a focused environmental impact report on any subsequent project identified in a master environmental impact report, if the lead agency finds that the analysis in the master environmental impact report of cumulative impacts, growth inducing impacts, and irreversible significant effects on the environment is adequate for the subsequent project. The act also requires the lead agency to prepare a focused environmental impact report notwithstanding that the project was not mentioned in a master environmental impact report, where a project consists of not more that 100 units or a residential and commercial or retail mixed-use development of not more that 100,000 square feet, if the project meets specified requirements. This bill would, until January 1, 2005, authorize a focused environmental impact report to be prepared for a project in the City of Oakland that consists of multiple-family residential development, or a residential and commercial or retail mixed-use development with not more than 25% of the total floor area of the project utilized as retail space, if certain conditions are met, including a condition that the Oakland City Council vote to authorize the implementation of the bill by voting to approve the practice of preparing focused environmental impact reports in specified central business target housing areas. The bill would also exclude that vote and a related determination by the council from the definition of "project" for the purposes of CEQA. By imposing a duty on the City of Oakland to make additional determinations, this bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (3) The bill would declare that, due to unique circumstances relating to the City of Oakland, a general statute cannot be made applicable. (4) This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 21158.6 is added to the Public Resources Code, to read: 21158.6. (a) For a project in the City of Oakland that consists of multiple-family residential development, or a residential and commercial or retail mixed-use development with not more than 25 percent of the total floor area of the project utilized as retail space, a focused environmental impact report may be prepared, notwithstanding that the project was not identified in a master environmental impact report, if all of the following conditions are met: (1) The Oakland City Council does both of the following: (A) Authorizes the implementation of this section. The city council may authorize the implementation of this section only by voting to approve the practice of preparing focused environmental impact reports for projects in the central business district housing target areas specified in paragraph (10). (B) Determines that the general plan, zoning ordinance, and related policies and programs are consistent with principles that encourage compact development in a manner that does both of the following: (i) Promotes efficient transportation systems, economic growth, affordable housing, energy efficiency, and an appropriate balance of jobs and housing. (ii) Protects the environment, open space, and agricultural areas. (2) The city submits a draft determination to the Office of Planning and Research that the applicable general plan, zoning ordinance, and any related policies and programs are consistent with the principles described in subparagraph (B) of paragraph (1) prior to the city council making its determination regarding that consistency. The office may submit comments on the draft findings to the city council within 30 days from the date that the city submits the draft determination to the office. (3) The city has an average population density of at least 5,000 persons per square mile. (4) The project is consistent with the general plan, any applicable specific plan and community plan, and zoning ordinance, including any variance that is properly granted pursuant to that zoning ordinance, an environmental impact report was prepared for the general plan, and the application for the project is deemed complete pursuant to Section 65943 of the Government Code within 3 years of the date this section is effective. (5) The lead agency cannot make the finding described in subdivision (c) of Section 21157.1, a negative declaration or mitigated negative declaration cannot be prepared pursuant to Section 21080, 21157.5, or 21158, and Section 21166 does not apply. (6) The project meets one or both of the following conditions: (A) The parcel on which the project is to be developed is surrounded by immediately contiguous urban development. (B) The parcel on which the project is to be developed is, or has been previously, developed with urban uses. (7) The density of the project is at least 40 units per net acre. (8) The parcel on which the project is to be developed is within one-half mile of an existing rail transit station. (9) The project can be adequately served by existing utilities and municipal services, and there will be adequate capacity for infrastructure, utilities, and services to serve other projects approved and proposed in the service area. (10) The project does not include a single level building that exceeds the square footage limitation specified in subdivision (a) of Section 21158.5. (11) The project is located in one of the following central business district housing target areas: (A) The Valdez cluster, which is bounded on the west by Telegraph Avenue, on the south by 23rd Street, on the east by Harrison Street, and on the north by 27th Street. A project located in this cluster that meets the condition described in paragraph (8) may include a portion up to one acre that does not meet that condition. (B) The Uptown cluster, which is bounded on the west by Castro Street, on the south by 14th Street from Castro Street to Jefferson Street and 16th Street from Jefferson Street to Broadway, on the east by Jefferson Street from 14th Street to 16th Street and Broadway from 16th Street to 22nd Street, and on the north by 22nd Street. (C) The 11th Street cluster, which is bounded by Franklin Street from 12th Street to 15th Street, by Webster from 11th Street to 12th Street, by Alice Street from 11th Street to 13th Street, by 12th Street from Franklin Street to Webster Street, by 11th Street from Webster Street to Alice Street and 13th Street from Alice Street to Madison Street, and on the east by Madison Street from 13th Street to 15th Street, and on the north by 15th Street from Franklin Street to Madison Street. (D) The Old Oakland cluster, which is bounded on the west by Castro Street, on the south by 7th Street, on the east by Broadway, and on the north by 11th Street. (b) A focused environmental impact report prepared pursuant to this section shall be limited to a discussion of potentially significant effects on the environment specific to the project. No discussion shall be required of alternatives to the project, cumulative impacts of the project, or the growth inducing impacts of the project. (c) (1) On or before July 1, 2004, the city shall submit a report to the Office of Planning and Research that includes, but that is not necessarily limited to, all of the following information: (A) The number of focused environmental impact reports prepared pursuant to this section. (B) The types of projects for which focused environmental impact reports were prepared pursuant to this section. (C) The time periods for preparing each of the focused environmental impact reports prepared pursuant to this section, and for acting on each project from the date that the application was deemed complete. (D) A description of any alternatives to a project, cumulative impacts of a project, growth inducing impacts of a project, or other issues that may have been identified and analyzed if an environmental document, other than a focused environmental impact report, had been prepared for the project. (2) Prior to submitting the report to the office pursuant to paragraph (1), the city shall hold at least one public hearing and shall respond to oral and written comments regarding the draft report. The city shall include the comments and responses in the final report. (d) This section shall remain in effect only until January 1, 2005, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2005, deletes or extends that date. SEC. 2. (a) A focused environmental impact report may be prepared for a project if that project fulfills the conditions specified in Section 21158.6 of the Public Resources Code prior to the date that section is repealed. (b) An action by a city council pursuant to paragraph (1) of subdivision (a) of Section 21158.6 of the Public Resources Code, does not constitute a project for the purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. SEC. 4. Due to the unique circumstances within the City of Oakland relating to the critical need for infill development in urban areas, the Legislature hereby finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution. SEC. 5. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to assist the City of Oakland in fulfilling responsibilities imposed by the California Environmental Quality Act in a manner that involves the public and public agencies at the earliest possible time, it is necessary that this act take effect immediately.