BILL NUMBER: SB 375 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 17, 2007
INTRODUCED BY Senator Steinberg
FEBRUARY 21, 2007
An act to amend Section 21159.24 Sections
65070, 65072, 65074, 65080, 65080.5, 65081.3, 65082, 65086.5,
65088.1, and 65088.4 of, to add Sections 14522.1, 14522.2, 14522.3,
14522.4, 14522.5, and 65086.6 to, and to add Chapter 2.68 (commencing
with Section 65089.60) to Division 1 of Title 7 of, the Government
Code, a nd to add Chapter 4.2 (commencing with Section
21155) to Division 13 of the Public Resources Code, relating to
environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 375, as amended, Steinberg. CEQA: urban infill
projects. Transportation planning: improved travel
models: preferred growth scenarios: environmental review.
(1) Existing law requires certain transportation planning
activities by the Department of Transportation and by designated
regional transportation planning agencies, including development of a
regional transportation plan. Existing law authorizes the California
Transportation Commission, in cooperation with the regional
agencies, to prescribe study areas for analysis and evaluation.
This bill would require the commission, by April 1, 2008, to adopt
guidelines related to the travel demand models used in the
development of regional transportation plans by regional
transportation planning agencies. The bill would require a regional
transportation planning agency for a region with a population of
800,000 or more to use those guidelines. The bill would specify
certain policy choices that a travel demand model shall be capable of
evaluating. The bill would require the Department of Transportation
to assist the commission, on request, in this regard, and would
impose other related requirements.
This bill would also require the regional transportation plan to
include a preferred growth scenario, as specified, designed to
achieve certain goals for the reduction of vehicle miles traveled in
a region. The bill would require certain transportation planning and
programming activities by regional agencies and the department to be
consistent with the preferred growth scenario, including the
programming of transportation projects in the regional transportation
improvement program and the federal transportation improvement
program, the preparation of project study reports for projects not
included in the state transportation improvement program, and the
implementation of urban opportunity zones, among other things.
Because the bill would impose additional duties on local agencies,
it would impose a state-mandated local program.
(2) The 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 (EIR) 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.
CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant effect on the
environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as
revised, would have a significant effect on the environment.
This bill would require the environmental document prepared
pursuant to CEQA to only examine the significant or potentially
significant project specific impacts of a project located in a local
jurisdiction that has amended its general plan so that the land use,
circulation, housing, and open-space elements of the general plan are
consistent with the preferred growth scenario most recently adopted
by the metropolitan planning organization, pursuant to the
requirements specified in the bill, if the project is a residential
project or a residential or mixed use project, an infill project, and
located within an urbanized area.
The bill would authorize a city or county that is in a
jurisdiction that has amended its general plan, as provided above, if
the plan meets certain requirements and the plan is adopted using a
specified planning process.
The bill would provide that no additional review is required
pursuant to CEQA for a project if the legislative body of a local
jurisdiction that has amended its general plan, as provided above,
finds, after conducting a public hearing, that the project meets
certain criteria and is declared to be a sustainable communities
project.
The bill would also authorize the legislative body of such a local
jurisdiction within an urbanized area to adopt traffic mitigation
policies for future residential projects. The bill would exempt a
residential project seeking a land use approval from compliance with
additional mitigation measures for traffic impacts, if the local
jurisdiction that has adopted that traffic mitigation policies.
(3) The Housing and Emergency Shelter Trust Fund Act of 2006,
approved by the voters as Proposition 1C in the November 2006 general
election, authorizes the issuance of $2.85 billion in general
obligation bonds for various existing housing programs, capital
outlay related to infill development, and other purposes. The Safe
Drinking Water, Water Quality and Supply, Flood Control, River and
Coastal Protection Bond Act of 2006, approved by the voters as
Proposition 84 in the November 2006 general election, authorizes the
issuance of $5.388 billion in general obligation bonds for various
public resources projects, including $90,000,000 for planning grants
and planning incentives for the development of regional and local
land use plans that are designed to promote water conservation,
reduce automobile use and fuel consumption, encourage greater infill
and compact development, protect natural resources and agricultural
lands, and revitalize urban and community centers.
This bill would provide that up to $20 million available from
these bonds for smart growth planning and incentives shall be made
available, upon appropriation by the Legislature, as grants to
transportation planning agencies for transportation planning model
improvements, for allocation by the California Transportation
Commission in consultation with the Department of Transportation.
(4) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(1) The 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 (EIR) 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.
CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant effect on the
environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as
revised, would have a significant effect on the environment.
CEQA exempts specified activities from its provisions, including a
project that is a residential project on an infill site within an
urbanized area, and that meets other specified criteria, including
that the project is within 1/2 mile of a major transit stop.
This bill would provide that the project may be with 1/2 mile of a
major transit stop or result in a reduction of vehicle miles
traveled by residents of the project by 10% or more when compared to
the average vehicle miles traveled within the county or major
metropolitan area. By requiring a local government to determine
whether a project meets this new alternative or the original
requirement, or neither requirement, the 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) The transportation sector contributes over 40 percent of the
greenhouse gas emissions in the State of California; vehicles alone
contribute 35 percent. The transportation sector is the single
largest contributor of greenhouse gases of any sector.
(b) In 2006, the Legislature passed and the Governor signed
Assembly Bill 32 (Chapter 488 of the Statutes of 2006; hereafter AB
32), which requires the State of California to reduce its greenhouse
gas emissions to 1990 levels no later than 2020. In 1990, greenhouse
gas emissions from vehicles were approximately 73 million metric
tons, but by 2006 these emissions had increased to approximately 100
million metric tons.
(c) Greenhouse gas emissions from vehicles can be substantially
reduced by the AB 32 vehicle standards and by the adoption of low
carbon fuel standards. However, even taking these measures into
account, it will be necessary to achieve significant additional
greenhouse gas reductions from changed land use patterns and improved
transportation. Without significant changes in land use and
transportation policy, California will not be able to achieve the
goals of AB 32.
(d) In addition, vehicles account for 50 percent of air pollution
in California and __ percent of its consumption of petroleum. Changes
in land use and transportation policy will provide significant
assistance to California's goals to implement the federal and state
Clean Air Acts and to reduce its dependence on petroleum.
(e) It is essential that transportation planning and environmental
review processes under the California Environmental Quality Act
reflect the environmental necessity to change land use and
transportation policies to encourage reductions in greenhouse gas
emissions, air pollution, and petroleum consumption.
(f) The recently enacted federal Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
requires the evaluation of the economic development impacts of
transportation plans by the Department of Transportation and regional
transportation planning agencies.
(g) Current planning models and analytical techniques used for
making transportation infrastructure decisions and for air quality
planning should be enhanced to better assess the effects of policy
choices, such as encouraging more compact residential development
patterns, expanding transit service and accessibility, creating more
walkable communities with housing, retail, and commercial
development, and implementing economic incentives and disincentives
such as tolls, transit pricing, and parking charges.
SEC. 2. Section 14522.1 is added to the
Government Code , to read:
14522.1. (a) The commission shall adopt guidelines for the
disbursement of state transportation funding related to the travel
demand models used in the development of regional transportation
plans by regional transportation planning agencies designated
pursuant to Section 29532. The preparation of the guidelines shall
include the formation of an advisory committee that shall include
representatives of the regional transportation planning agencies, the
department, organizations knowledgeable in the creation and use of
travel demand models, and organizations concerned with the impacts of
transportation investments on communities and the environment. The
commission shall hold two workshops on the guidelines, one in
Northern California and one in Southern California. The workshops
shall be incorporated into regular commission meetings.
(b) The department shall assist the commission in the preparation
of the guidelines, if requested to do so by the commission.
(c) The guidelines shall be adopted on or before April 1, 2008.
SEC. 3. Section 14522.2 is added to the
Government Code , to read:
14522.2. (a) The guidelines adopted pursuant to Section 14522.1
shall apply to a regional transportation planning agency for a region
with a population of 800,000 or more as of the most recent decennial
census. In the Counties of Imperial, Los Angeles, Orange, Riverside,
San Bernardino, and Ventura, that agency shall be the agency
described in Section 130004 of the Public Utilities Code.
(b) A regional transportation planning agency for a region with a
population of less than 800,000 as of the most recent decennial
census may, at its discretion, follow the guidelines.
SEC. 4. Section 14522.3 is added to the
Government Code , to read:
14522.3. The commission guidelines shall require, at a minimum,
that the travel demand models described in Section 14522.1 shall be
capable, to the extent practicable, of evaluating at least the
following policy choices:
(a) Account for travel demands during at least four time intervals
during the day.
(b) Account for induced travel and induced land development
resulting from highway or passenger rail expansion.
(c) Include mode split models that allocate trips between
automobile, transit, carpool, and bicycle and pedestrian trips. If a
travel demand model is unable to forecast bicycle and pedestrian
trips, another means may be used to estimate those trips.
(d) Residential land use densification.
(e) Proximity of residential areas to centers of employment.
(f) Account for the relationship between land use density and
household motor vehicle ownership and vehicle miles traveled in a way
that is consistent with statistical research.
(g) Account for the impact of enhanced transit service levels on
reducing overall vehicular travel and car ownership.
(h) Mixed land uses.
(i) Parking charges and parking cashout.
(j) Peak period freeway tolls.
(k) Twenty-four hour freeway tolls.
(l) A freight travel model and a commodity flows travel model may
be included in the travel models, if those models are appropriate to
the region.
SEC. 5. Section 14522.4 is added to the
Government Code , to read:
14522.4. A regional transportation planning agency described in
subdivision (a) of Section 14522.2 shall demonstrate in its regional
transportation plan the extent to which its regional travel demand
models assist other public agencies to evaluate large private and
public land development projects, including accounting for the
impacts of density and mixed land uses on travel.
SEC. 6. Section 14522.5 is added to the
Government Code , to read:
14522.5. A regional transportation planning agency described in
subdivision (a) of Section 14522.2 shall report to the commission on
how the regional travel demand model supports corridor planning and
small area planning, at the time the regional transportation plan is
submitted to the commission and department pursuant to Section 65080.
SEC. 7. Section 65070 of the Government
Code is amended to read:
65070. (a) The Legislature finds and declares, consistent with
Section 65088, that it is in the interest of the State of California
to have an integrated state and regional transportation planning
process. It further finds that federal law mandates the development
of a state and regional long-range transportation plan as a
prerequisite for receipt of federal transportation funds. It is the
intent of the Legislature that the preparation of these plans shall
be a cooperative process involving local and regional government,
members of the public, transit operators, congestion
management agencies, and the goods movement industry and that the
process be a continuation of activities performed by each entity and
be performed without any additional cost.
(b) The Legislature further finds and declares that the last
attempt to prepare a California Transportation Plan occurred between
1973 and 1977 and resulted in the expenditure of over eighty million
dollars ($80,000,000) in public funds and did not produce a usable
document. As a consequence of that, the Legislature delegated
responsibility for long-range transportation planning to the regional
planning agencies and adopted a seven-year programming cycle instead
of a longer range planning process for the state.
(c) The Legislature further finds and declares that the
Transportation Blueprint for the Twenty-First Century (Chapters 105
and 106 of the Statutes of 1989) is a long-range state transportation
plan that includes a financial plan and a continuing planning
process through the preparation of congestion management plans and
regional transportation plans, and identifies major interregional
road networks and passenger rail corridors for the state.
SEC. 8. Section 65072 of the Government
Code is amended to read:
65072. The California Transportation Plan shall include all of
the following:
(a) A policy element that describes the state's transportation
policies and system performance objectives. These policies and
objectives shall be consistent with legislative intent described in
Sections 14000, 14000.5, and 65088. For the plan to be submitted in
December 1993, the policy element shall address any opportunities for
changes or additions to state legislative policy direction or
statute.
(b) A strategies element that shall incorporate the broad system
concepts and strategies synthesized from the adopted regional
transportation plans prepared pursuant to Section 65080 and that
is consistent with the preferred growth scenarios in those plans
. The California Transportation Plan shall not be project
specific.
(c) A recommendations element that includes economic forecasts and
recommendations to the Legislature and the Governor to achieve the
plan's broad system concepts, strategies, and performance objectives.
SEC. 9. Section 65074 of the Government
Code is amended to read:
65074. The Department of Transportation shall prepare, in
cooperation with the metropolitan planning agencies, a federal
transportation improvement program in accordance with subsection (f)
of Section 135 of Title 23 of the United States Code. The federal
transportation improvement program shall be submitted by the
department to the United States Secretary of Transportation, by
October 1 of each even-numbered year. The projects and
improvements identified in that plan shall be consistent with the
preferred growth scenarios adopted by the metropolitan planning
organizations pur suant to Section 65080.
SEC. 10. Section 65080 of the
Government Code is amended to read:
65080. (a) Each transportation planning agency designated under
Section 29532 or 29532.1 shall prepare and adopt a regional
transportation plan directed at achieving a coordinated and balanced
regional transportation system, including, but not limited to, mass
transportation, highway, railroad, maritime, bicycle, pedestrian,
goods movement, and aviation facilities and services. The plan shall
be action-oriented and pragmatic, considering both the short-term and
long-term future, and shall present clear, concise policy guidance
to local and state officials. The regional transportation plan shall
consider factors specified in Section 134 of Title 23 of the United
States Code. Each transportation planning agency shall consider and
incorporate, as appropriate, the transportation plans of cities,
counties, districts, private organizations, and state and federal
agencies.
(b) The regional transportation plan shall include all of the
following:
(1) A policy element that describes the transportation issues in
the region, identifies and quantifies regional needs, and describes
the desired short-range and long-range transportation goals, and
pragmatic objective and policy statements. The objective and policy
statements shall be consistent with the funding estimates of the
financial element. The policy element of transportation planning
agencies with populations that exceed 200,000 persons may quantify a
set of indicators including, but not limited to, all of the
following:
(A) Measures of mobility and traffic congestion, including, but
not limited to, vehicle hours of delay per capita and vehicle miles
traveled per capita.
(B) Measures of road and bridge maintenance and rehabilitation
needs, including, but not limited to, roadway pavement and bridge
conditions.
(C) Measures of means of travel, including, but not limited to,
percentage share of all trips (work and nonwork) made by all of the
following:
(i) Single occupant vehicle.
(ii) Multiple occupant vehicle or carpool.
(iii) Public transit including commuter rail and intercity rail.
(iv) Walking.
(v) Bicycling.
(D) Measures of safety and security, including, but not limited
to, total injuries and fatalities assigned to each of the modes set
forth in subparagraph (C).
(E) Measures of equity and accessibility, including, but not
limited to, percentage of the population served by frequent and
reliable public transit, with a breakdown by income bracket, and
percentage of all jobs accessible by frequent and reliable public
transit service, with a breakdown by income bracket.
(F) The requirements of this section may be met utilizing existing
sources of information. No additional traffic counts, household
surveys, or other sources of data shall be required.
(2) A preferred growth scenario that (i) identifies areas within
the region sufficient to house all the population of the region
including all economic segments of the population over the course of
the planning period taking into account net migration into the
region, population growth, household formation and employment growth;
(ii) identifies significant resource land and significant farmland
and excludes these lands from the preferred growth scenario to the
greatest extent feasible; and (iii) complies with section 176 of the
federal Clean Air Act (42 U.S.C. Sec. 7506).
(A) For transportation planning agencies with populations that
exceed 200,000 persons, the preferred growth scenario shall identify
locations for new housing, employment centers, and commercial centers
that, together with additional identified transit projects, will
achieve a 10 percent reduction of vehicle miles traveled per
household in the region by 2020 and a __ percent reduction by 2050.
(B) For other transportation agencies, the preferred growth
scenario shall identify locations for new housing, employment
centers, and commercial centers that, together with additional
identified transit projects, will prevent any increase in vehicle
miles traveled over the life of the regional transportation plan and
will reduce vehicle miles traveled per household to the greatest
extent practicable.
(C) A preferred growth scenario does not regulate the use of land,
nor shall it be subject to any state review or approval. Nothing in
a preferred growth scenario shall be interpreted as superseding or
interfering with the exercise of the land use authority of cities and
counties within the region.
(2)
(3) An action element that describes the programs and
actions necessary to implement the plan and assigns implementation
responsibilities. The action element may describe all projects
proposed for development during the 20-year life of the plan.
The action element shall consider congestion management
programming activities carried out within the region.
(3)
(4) (A) A financial element that summarizes the cost of
plan implementation constrained by a realistic projection of
available revenues. The financial element shall also contain
recommendations for allocation of funds. A county transportation
commission created pursuant to Section 130000 of the Public Utilities
Code shall be responsible for recommending projects to be funded
with regional improvement funds, if the project is consistent with
the regional transportation plan. The first five years of the
financial element shall be based on the five-year estimate of funds
developed pursuant to Section 14524. The financial element may
recommend the development of specified new sources of revenue,
consistent with the policy element and action element.
(B) The financial element of transportation planning agencies with
populations that exceed 200,000 persons may include a project cost
breakdown for all projects proposed for development during the
20-year life of the plan that includes total expenditures and related
percentages of total expenditures for all of the following:
(i) State highway expansion.
(ii) State highway rehabilitation, maintenance, and operations.
(iii) Local road and street expansion.
(iv) Local road and street rehabilitation, maintenance, and
operation.
(v) Mass transit, commuter rail, and intercity rail expansion.
(vi) Mass transit, commuter rail, and intercity rail
rehabilitation, maintenance, and operations.
(vii) Pedestrian and bicycle facilities.
(viii) Environmental enhancements and mitigation.
(ix) Research and planning.
(x) Other categories.
(c) Each transportation planning agency may also include other
factors of local significance as an element of the regional
transportation plan, including, but not limited to, issues of
mobility for specific sectors of the community, including, but not
limited to, senior citizens.
(d) Except as otherwise provided in this subdivision, each
transportation planning agency shall adopt and submit, every four
years, an updated regional transportation plan to the California
Transportation Commission and the Department of Transportation. A
transportation planning agency located in a federally designated air
quality attainment area or that does not contain an urbanized area
may at its option adopt and submit a regional transportation plan
every five years. When applicable, the plan shall be consistent with
federal planning and programming requirements and shall conform to
the regional transportation plan guidelines adopted by the California
Transportation Commission. Prior to adoption of the regional
transportation plan, a public hearing shall be held after the giving
of notice of the hearing by publication in the affected county or
counties pursuant to Section 6061.
SEC. 11. Section 65080.5 of the
Government Code is amended to read:
65080.5. (a) For each area for which a transportation planning
agency is designated under subdivision (c) of Section 29532, or
adopts a resolution pursuant to subdivision (c) of Section 65080, the
Department of Transportation, in cooperation with the transportation
planning agency, and subject to subdivision (e), shall prepare the
regional transportation plan, consistent with the preferred
growth scenario, and the updating thereto, for that area and
submit it to the governing body or designated policy committee of the
transportation planning agency for adoption. Prior to adoption, a
public hearing shall be held, after the giving of notice of the
hearing by publication in the affected county or counties pursuant to
Section 6061. Prior to the adoption of the regional transportation
improvement program by the transportation planning agency if it
prepared the program, the transportation planning agency shall
consider the relationship between the program and the adopted plan.
The adopted plan and program, and the updating thereto, shall be
submitted to the California Transportation Commission and the
department pursuant to subdivision (b) of Section 65080.
(b) In the case of a transportation planning agency designated
under subdivision (c) of Section 29532, the transportation planning
agency may prepare the regional transportation plan for the area
under its jurisdiction pursuant to this chapter, if the
transportation planning agency, prior to July 1, 1978, adopts by
resolution a declaration of intention to do so.
(c) In those areas that have a county transportation commission
created pursuant to Section 130050 of the Public Utilities Code, the
multicounty designated transportation planning agency, as defined in
Section 130004 of that code, shall prepare the regional
transportation plan and the regional transportation improvement
program in consultation with the county transportation commissions.
(d) Any transportation planning agency which did not elect to
prepare the initial regional transportation plan for the area under
its jurisdiction, may prepare the updated plan if it adopts a
resolution of intention to do so at least one year prior to the date
when the updated plan is to be submitted to the California
Transportation Commission.
(e) If the department prepares or updates a regional
transportation improvement program or regional transportation plan,
or both, pursuant to this section, the state-local share of funding
the preparation or updating of the plan and program shall be
calculated on the same basis as though the preparation or updating
were to be performed by the transportation planning agency and funded
under Sections 99311, 99313, and 99314 of the Public Utilities Code.
SEC. 12. Section 65081.3 of the
Government Code is amended to re ad:
65081.3. (a) As a part of its adoption of the regional
transportation plan, the designated county transportation commission,
regional transportation planning agency, or the Metropolitan
Transportation Commission may designate special corridors,
consistent with the preferred growth scenario prepared pursuant to
Section 65080, which may include, but are not limited to,
adopted state highway routes, which, in consultation with the
Department of Transportation, cities, counties, and transit operators
directly impacted by the corridor, are determined to be of statewide
or regional priority for long-term right-of-way preservation.
(b) Prior to designating a corridor for priority acquisition, the
regional transportation planning agency shall do all of the
following:
(1) Establish geographic boundaries for the proposed corridor.
(2) Complete a traffic survey, including a preliminary
recommendation for transportation modal split, which generally
describes the traffic and air quality impacts of the proposed
corridor.
(3) Consider the widest feasible range of possible transportation
facilities that could be located in the corridor and the major
environmental impacts they may cause to assist in making the corridor
more environmentally sensitive and, in the long term, a more viable
site for needed transportation improvements.
(c) A designated corridor of statewide or regional priority shall
be specifically considered in the certified environmental impact
report completed for the adopted regional transportation plan
required by the California Environmental Quality Act, which shall
include a review of the environmental impacts of the possible
transportation facilities which may be located in the corridor. The
environmental impact report shall comply with the requirements
of Division 13 (commencing with Section 21000) of the Public
Resources Code and shall include a survey within the corridor
boundaries to determine if there exist any of the following:
(1) Rare or endangered plant or animal species.
(2) Historical or cultural sites of major significance.
(3) Wetlands, vernal pools, or other naturally occurring features.
(d) The regional transportation planning agency shall designate a
corridor for priority acquisition only if, after a public hearing, it
finds that the range of potential transportation facilities to be
located in the corridor can be constructed in a manner which will
avoid or mitigate significant environmental impacts or values
identified in subdivision (c), consistent with the California
Environmental Quality Act and the state and federal Endangered
Species Acts.
(e) Notwithstanding any other provision of this section, a
corridor of statewide or regional priority may be designated as part
of the regional transportation plan only if it is consistent
with a preferred growth scenario and it has previously been
specifically defined in the plan required pursuant to Section 134 and
is consistent with the plan required pursuant to Section 135 of
Title 23 of the United States Code.
SEC. 13. Section 65082 of the
Government Code is amended to read:
65082. (a) (1) A five-year regional transportation improvement
program shall be prepared, adopted, and submitted to the California
Transportation Commission on or before December 15 of each
odd-numbered year thereafter, updated every two years, pursuant to
Sections 65080 and 65080.5 and the guidelines adopted pursuant to
Section 14530.1, to include regional transportation improvement
projects and programs proposed to be funded, in whole or in part, in
the state transportation improvement program. Projects and
improvements to be funded shall be consistent with the preferred
growth scenario developed pursuant to Section 65080.
(2) Major projects shall include current costs updated as of
November 1 of the year of submittal and escalated to the appropriate
year, and be listed by relative priority, taking into account need,
delivery milestone dates, and the availability of funding.
(b) Except for those counties that do not prepare a congestion
management program pursuant to Section 65088.3, congestion management
programs adopted pursuant to Section 65089 shall be incorporated
into the regional transportation improvement program submitted to the
commission by December 15 of each odd-numbered year.
(c) Local
projects not included in a congestion management program shall not be
included in the regional transportation improvement program.
Projects and programs adopted pursuant to subdivision (a) shall be
consistent with the capital improvement program adopted pursuant to
paragraph (5) of subdivision (b) of Section 65089, and the guidelines
adopted pursuant to Section 14530.1.
(d) Other projects may be included in the regional transportation
improvement program if listed separately.
(e) Unless a county not containing urbanized areas of over 50,000
population notifies the Department of Transportation by July 1 that
it intends to prepare a regional transportation improvement program
for that county, the department shall, in consultation with the
affected local agencies, prepare the program for all counties for
which it prepares a regional transportation plan.
(f) The requirements for incorporating a congestion management
program into a regional transportation improvement program specified
in this section do not apply in those counties that do not prepare a
congestion management program in accordance with Section 65088.3.
(g) The regional transportation improvement program may include a
reserve of county shares for providing funds in order to match
federal funds.
SEC. 14. Section 65086.5 of the
Government Code is amended to read:
65086.5. (a) To the extent that the work does not jeopardize the
delivery of the projects in the adopted state transportation
improvement program, the Department of Transportation may prepare a
project studies report for capacity-increasing state highway projects
that are not included in the state transportation improvement
program and that are consistent with an adopted preferred growth
scenario . Preparation of the project studies report shall be
limited by the resources available to the department for that work,
supplemented, as appropriate, by regional or local resources. The
project studies report shall include the project-related factors of
limits, description, scope, costs, and the amount of time needed for
initiating construction.
(b) Whenever project studies reports are performed by an entity
other than the Department of Transportation, the department shall
review and approve the report.
(c) The Department of Transportation may be requested to prepare a
project studies report for a capacity-increasing state highway
project which is being proposed for inclusion in a future state
transportation improvement program. The department shall have 30 days
to determine whether it can complete the requested report in a
timely fashion. If the department determines that it cannot complete
the report in a timely fashion, the requesting entity may prepare the
report. Upon submission of a project studies report to the
department by the entity, the department shall complete its review
and provide its comments to that entity within 60 days from the date
of submission. The department shall complete its review and final
determination of a report which has been revised to address the
department's comments within 30 days following submission of the
revised report.
(d) The Department of Transportation, in consultation with
representatives of cities, counties, and regional transportation
planning agencies, shall prepare draft guidelines for the preparation
of project studies reports by all entities , including a
requirement that all projects studied shall be consistent with an
adopted preferred growth scenario . The guidelines shall
address the development of reliable cost estimates. The department
shall submit the draft guidelines to the California Transportation
Commission not later than July 1, 1991. The commission shall adopt
the final guidelines not later than October 1, 1991. Guidelines
adopted by the commission shall apply only to project studies reports
commenced after October 1, 1991.
SEC. 15. Section 65086.6 is added to the
Government Code , to read:
65086.6. The following definitions apply to terms used in this
chapter:
(a) "Significant resource lands" include (1) all publicly owned
parks, open space, and easement lands; (2) open space or habitat
areas protected by natural community conservation plans, habitat
conservation plans, or other adopted natural resource protection
plans; (3) areas designated for open space uses in adopted open space
elements of the local general plan or by local ordinance; (4)
habitat for protected species; and (5) floodplains, wetlands,
riparian corridors, vernal ponds, and corridors and open areas needed
to conserve the most regularly occurring keystone or indicator
species.
(b) "Significant farmland" means farmland that is classified as
prime or unique farmland, or farmland of statewide importance and is
outside all existing spheres of influence as of January 1, 2007.
(c) "Vehicle miles traveled" includes all automobile and light
truck vehicle miles traveled within a region except those vehicle
miles traveled for business-to-business deliveries of goods and
vehicle miles traveled for trips that do not originate or end within
the region.
SEC. 16. Section 65088.1 of the
Government Code is amended to read:
65088.1. As used in this chapter the following terms have the
following meanings:
(a) Unless the context requires otherwise, "regional agency" means
the agency responsible for preparation of the regional
transportation improvement program.
(b) Unless the context requires otherwise, "agency" means the
agency responsible for the preparation and adoption of the congestion
management program.
(c) "Commission" means the California Transportation Commission.
(d) "Department" means the Department of Transportation.
(e) "Local jurisdiction" means a city, a county, or a city and
county.
(f) "Parking cash-out program" means an employer-funded program
under which an employer offers to provide a cash allowance to an
employee equivalent to the parking subsidy that the employer would
otherwise pay to provide the employee with a parking space. "Parking
subsidy" means the difference between the out-of-pocket amount paid
by an employer on a regular basis in order to secure the availability
of an employee parking space not owned by the employer and the
price, if any, charged to an employee for use of that space.
A parking cash-out program may include a requirement that employee
participants certify that they will comply with guidelines
established by the employer designed to avoid neighborhood parking
problems, with a provision that employees not complying with the
guidelines will no longer be eligible for the parking cash-out
program.
(g) "Infill opportunity zone" means a specific area designated by
a city or county, pursuant to subdivision (c) of Section 65088.4,
zoned for new compact residential or mixed use development within
one-third mile of a site with an existing or future rail transit
station, a ferry terminal served by either a bus or rail transit
service, an intersection of at least two major bus routes, or within
300 feet of a bus rapid transit corridor, in counties with a
population over 400,000. An infill opportunity zone shall be
consistent with the preferred growth scenario in the adopted regional
transportation plan. The mixed use development zoning shall
consist of three or more land uses that facilitate significant human
interaction in close proximity, with residential use as the primary
land use supported by other land uses such as office, hotel, health
care, hospital, entertainment, restaurant, retail, and service uses.
The transit service shall have maximum scheduled headways of 15
minutes for at least 5 hours per day. A qualifying future rail
station shall have broken ground on construction of the station and
programmed operational funds to provide maximum scheduled headways of
15 minutes for at least 5 hours per day.
(h) "Interregional travel" means any trips that originate outside
the boundary of the agency. A "trip" means a one-direction vehicle
movement. The origin of any trip is the starting point of that trip.
A roundtrip consists of two individual trips.
(i) "Level of service standard" is a threshold that defines a
deficiency on the congestion management program highway and roadway
system which requires the preparation of a deficiency plan. It is the
intent of the Legislature that the agency shall use all elements of
the program to implement strategies and actions that avoid the
creation of deficiencies and to improve multimodal mobility.
(j) "Multimodal" means the utilization of all available modes of
travel that enhance the movement of people and goods, including, but
not limited to, highway, transit, nonmotorized, and demand management
strategies including, but not limited to, telecommuting. The
availability and practicality of specific multimodal systems,
projects, and strategies may vary by county and region in accordance
with the size and complexity of different urbanized areas.
(k) "Performance measure" is an analytical planning tool that is
used to quantitatively evaluate transportation improvements and to
assist in determining effective implementation actions, considering
all modes and strategies. Use of a performance measure as part of the
program does not trigger the requirement for the preparation of
deficiency plans.
() "Urbanized area" has the same meaning as is defined in the 1990
federal census for urbanized areas of more than 50,000 population.
(m) "Bus rapid transit corridor" means a bus service that includes
at least four of the following attributes:
(1) Coordination with land use planning.
(2) Exclusive right-of-way.
(3) Improved passenger boarding facilities.
(4) Limited stops.
(5) Passenger boarding at the same height as the bus.
(6) Prepaid fares.
(7) Real-time passenger information.
(8) Traffic priority at intersections.
(9) Signal priority.
(10) Unique vehicles.
SEC. 17. Section 65088.4 of the
Government Code is amended to read:
65088.4. (a) It is the intent of the Legislature to balance the
need for level of service standards for traffic with the need to
build infill housing and mixed use commercial developments within
walking distance of mass transit facilities, downtowns, and town
centers and to provide greater flexibility to local governments to
balance these sometimes competing needs.
(b) Notwithstanding any other provision of law, level of service
standards described in Section 65089 shall not apply to the streets
and highways within an infill opportunity zone. The city or county
shall do either of the following:
(1) Include these streets and highways under an alternative
areawide level of service standard or multimodal composite or
personal level of service standard that takes into account both of
the following:
(A) The broader benefits of regional traffic congestion reduction
by siting new residential development within walking distance of, and
no more than one-third mile from, mass transit stations, shops, and
services, in a manner that reduces the need for long vehicle commutes
and improves the jobs-housing balance.
(B) Increased use of alternative transportation modes, such as
mass transit, bicycling, and walking.
(2) Approve a list of flexible level of service mitigation options
that includes roadway expansion and investments in alternate modes
of transportation that may include, but are not limited to, transit
infrastructure, pedestrian infrastructure, and ridesharing, vanpool,
or shuttle programs.
(c) The city or county may designate an infill opportunity zone by
adopting a resolution after determining that the infill opportunity
zone is consistent with the general plan and
, any applicable specific plan , and any preferred growth
scenario adopted pursuant to Section 65080 . A city or county
may not designate an infill opportunity zone after December 31, 2009.
(d) The city or county in which the infill opportunity zone is
located shall ensure that a development project shall be completed
within the infill opportunity zone not more than four years after the
date on which the city or county adopted its resolution pursuant to
subdivision (c). If no development project is completed within an
infill opportunity zone by the time limit imposed by this
subdivision, the infill opportunity zone shall automatically
terminate.
SEC. 18. Chapter 2.68 (commencing with Section
65089.60) is added to Division 1 of Title 7 of the
Government Code , to read:
CHAPTER 2.68. INTEGRATED TRANSPORTATION AND LAND USE PLANNING
65089.60. The Department of Transportation, in partnership with
the agencies described in subdivision (a) of Section 14522.2, shall
develop standards for disseminating the methodology, results, and key
assumptions of the travel demand models in a way that would be
useable and understandable to the public.
65089.61. The department shall meet at least annually with the
California Transportation Commission and with the agencies described
in subdivision (a) of Section 14522.2 to determine whether the models
have met the requirements of Section 14522.3 and whether the models
need additional revisions due to new research or new requirements in
state or federal law.
SEC. 19. Chapter 4.2 (commencing with Section
21155) is added to Division 13 of the Public Resources
Code , to read:
CHAPTER 4.2. IMPLEMENTATION OF THE PREFERRED GROWTH SCENARIO
21155. For purposes of this chapter, the following definitions
shall apply:
(a) "Central business district" means the historic center of
commerce and government for a community, characterized by a compact,
cohesive core of previously developed commercial and mixed use
buildings, often interspersed with civic, religious, and residential
buildings and public spaces, typically along a main street and
intersecting side streets and served by public infrastructure. At
least two-thirds of the structures in a central business district
shall be commercial or commercially zoned buildings and have a
pedestrian scale and orientation including those elements as ground
floor storefronts and reduced front setbacks.
(b) "Major arterial corridor" means a surface street of at least
four lanes that is within a city, with predominantly developed
commercial uses along it, and that serves as a collector for local
traffic and as an access to regional or subregional highways and
freeways. A major arterial corridor includes both the street, and the
land uses adjacent to and in the immediate vicinity of the street.
(c) "Neighborhood" means a predominantly developed area within a
city identified by a commonly used name, possessing commonly
acknowledged geographic boundaries and sharing common political,
commercial, social, cultural, religious, or educational institutions
and having not more than approximately a one-half mile radius.
(d) "Transit village planning area" means a previously developed
area in compliance with Sections 65460.2 and 65460.4 of the
Government Code.
21155.1. (a) This chapter applies only within a local
jurisdiction that has amended its general plan so that the land use,
circulation, housing and open space elements of the general plan are
consistent with the preferred growth scenario most recently adopted
by the metropolitan planning organization pursuant to Section 65080
of the Government Code for the region in which the local government
is located.
(b) For purposes of this section, the land use, circulation,
housing and open space elements of the general plan are consistent
with the preferred growth scenario only if all of the following
requirements are met:
(1) The land use and housing elements designate housing, retail,
commercial, office, and industrial uses at levels of density and
intensity sufficient to accomplish the goals of the preferred growth
scenario for those locations.
(2) The uses for lands identified in the preferred growth scenario
as significant farmlands are limited to agricultural uses, including
processing, packing, worker housing, and other ancillary
agricultural uses.
(3) The uses for lands that are identified in the preferred growth
scenario as significant resource lands are consistent with
protection of the resource values of those lands.
(4) A local jurisdiction that meets the requirements of this
section is an eligible local jurisdiction for purposes of this
chapter.
21155.2. An environmental document prepared pursuant to this
division is required to only examine the significant or potentially
significant project specific impacts of a project located in an
eligible local jurisdiction, if an environmental impact report has
been certified on the preferred growth scenario and on the general
plan amendments to conform to the preferred growth scenario, and the
project meets both of the following requirements:
(a) The project is a residential project or a residential or mixed
use project consisting of residential uses and primarily
neighborhood-serving goods, services, or retail uses that do not
exceed 25 percent of the total floor area of the project.
(b) The project is an infill project located within an urbanized
area.
21155.3 (a) A city or county that is an eligible local
jurisdiction may adopt a neighborhood plan, if the plan meets all the
following requirements:
(1) The planning area is located in a neighborhood, central
business district, transit village planning area, or major arterial
corridor.
(2)The plan provides that the land uses in the plan area are
predominantly housing.
(3) The plan specifies the location, height, and approximate
square footage and footprint of buildings; the building intensity;
the maximum number of residential units; a range of square feet for
retail or offices uses; and the areas dedicated for open space and
recreation.
(4) The plan contains a parking strategy and may include
provisions for shared parking facilities.
(5) The plan provides that pedestrians in the area have convenient
access to a major transit stop, either existing or as a feature of
the plan.
(6) The residential density of the plan area is at least equal to
the applicable density level provided in subparagraph (B) of
paragraph (3) of subdivision (c) of Section 65583.2 of the Government
Code.
(7) The plan prevents no loss in the number of affordable housing
units within the plan area.
(8) The plan contains provisions to mitigate the displacement of
low-income and very low income persons resulting from implementation
of the plan.
(b) A city or county that adopts a neighborhood plan pursuant to
this section shall adopt the plan using a planning process that
complies with all of the following:
(1) The city or county shall provide residents of the plan area
and the surrounding area with all legally required notices.
(2) The city or county shall conduct a public outreach program
that includes, at least, public notices, fact sheets, workshops and
information meetings within the plan area and written materials in
languages commonly spoken in the plan area and the surrounding area.
(3) All notices, fact sheets, workshops, and information meetings
shall inform area residents of the proposed contents of the plan.
(c) The neighborhood plan may be reviewed pursuant to, and
projects to develop the neighborhood plan may be subject to, Article
2 (commencing with Section 21157) of Chapter 4.5.
21155.4. If the legislative body of an eligible local
jurisdiction finds, after conducting a public hearing, that a project
meets all of the requirements of subdivisions (a) and (b) and one of
the requirements of subdivision (c), the project is declared to be a
sustainable communities' project and no additional review is
required pursuant to this division:
(a) The project complies with all of the following environmental
criteria:
(1) The project and other projects approved prior to the approval
of the project can be adequately served by existing utilities, and
the project applicant has paid, or has committed to pay, all
applicable in-lieu or development fees.
(2) (A) The site of the project does not contain wetlands, does
not have any significant value as a wildlife habitat, and the project
does not harm any species protected by the federal Endangered
Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or by the Native
Plant Protection Act (Chapter 10 (commencing with Section 1900) of
Division 2 of the Fish and Game Code), the California Endangered
Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3
of the Fish and Game Code), and the project does not cause the
destruction or removal of any species protected by a local ordinance
in effect at the time the application for the project was deemed
complete.
(B) For the purposes of this paragraph "wetlands" has the same
meaning as in Section 328.3 of Title 33 of the Code of Federal
Regulations and "wildlife habitat" means the ecological communities
upon which wild animals, birds, plants, fish, amphibians, and
invertebrates depend for their conservation and protection.
(3) The site of the project is not included on any list of
facilities and sites compiled pursuant to Section 65962.5 of the
Government Code.
(4) The site of the project is subject to a preliminary
endangerment assessment prepared by a registered environmental
assessor to determine the existence of any release of a hazardous
substance on the site and to determine the potential for exposure of
future occupants to significant health hazards from any nearby
property or activity.
(A) If a release of a hazardous substance is found to exist on the
site, the release shall be removed, or any significant effects of
the release shall be mitigated to a level of insignificance in
compliance with state and federal requirements.
(B) If a potential for exposure to significant hazards from
surrounding properties or activities is found to exist, the effects
of the potential exposure shall be mitigated to a level of
insignificance in compliance with state and federal requirements.
(5) The project does not have a significant effect on historical
resources pursuant to Section 21084.1.
(6) The project site is not subject to any of the following:
(A) A wildland fire hazard, as determined by the Department of
Forestry and Fire Protection, unless the applicable general plan or
zoning ordinance contains provisions to mitigate the risk of a
wildland fire hazard.
(B) An unusually high risk of fire or explosion from materials
stored or used on nearby properties.
(C) Risk of a public health exposure at a level that would exceed
the standards established by any state or federal agency.
(D) Seismic risk as a result of being within a delineated
earthquake fault zone, as determined pursuant to Section 2622, or a
seismic hazard zone, as determined pursuant to Section 2696, unless
the applicable general plan or zoning ordinance contains provisions
to mitigate the risk of an earthquake fault or seismic hazard zone.
(E) Landslide hazard, flood plain, flood way, or restriction zone,
unless the applicable general plan or zoning ordinance contains
provisions to mitigate the risk of a landslide or flood.
(7) The project site is not located on developed open space.
(A) For the purposes of this paragraph "developed open space"
means land that meets all of the following criteria:
(i) Is publicly owned, or financed in whole or in part by public
funds.
(ii) Is generally open to, and available for use by, the public.
(iii) Is predominantly lacking in structural development other
than structures associated with open spaces, including, but not
limited to, playgrounds, swimming pools, ballfields, enclosed child
play areas, and picnic facilities.
(B) For the purposes of this paragraph "developed open space"
includes land that has been designated for acquisition by a public
agency for developed open space, but does not include lands acquired
by public funds dedicated to the acquisition of land for housing
purposes.
(8) The buildings in the project will comply with all green
building standards required by the eligible local jurisdiction.
(b) The project meets all of the following land use criteria:
(1) The project is located on an infill site.
(2) The project is a residential project or a residential or mixed
use project consisting of residential uses and primarily
neighborhood-serving goods, services, or retail uses that do not
exceed 25 percent of the total floor area of the project.
(3) The project is located
within an urbanized area.
(4) The site of the project is not more than eight acres in total
area.
(5) The project does not contain more than 200 residential units.
(6) The project density is at least equal to the applicable
density level provided in subparagraph (B) paragraph (3) of
subdivision (c) of Section 65583.2 of the Government Code.
(7) The project does not result in any loss in the number of
affordable housing units within the project area.
(8) The project does not include any single level building that
exceeds 75,000 square feet.
(c) The project meets one of the criteria specified in paragraphs
(1) to (4), inclusive:
(1) The project meets both of the following:
(A) At least 20 percent of the housing will be sold to families of
moderate income, or not less than 10 percent of the housing will be
rented to families of low-income, or not less than 5 percent of the
housing is rented to families of very low income.
(B) The project developer provides sufficient legal commitments to
the appropriate local agency to ensure the continued availability
and use of the housing units for very low, low-, and moderate-income
households at monthly housing costs determined pursuant to paragraph
(3) of subdivision (h) of Section 65589.5 of the Government Code.
(2) The project developer has paid or will pay in-lieu fees
pursuant to a local ordinance in an amount sufficient to result in
the development of an equivalent number of units that would otherwise
be required pursuant to paragraph (1).
(3) The project is located within one-quarter mile of a major
transit stop.
(4) The project provides public open space equal to or greater
than five acres per 1,000 residents of the project.
21155.5. (a) The legislative body of an eligible local
jurisdiction within an urbanized area may adopt traffic mitigation
policies that would apply to future residential projects. These
policies shall be adopted after a public hearing and may include
requirements for the installation of traffic control improvements,
street or road improvements, and contributions to road improvement or
transit funds, transit passes for future residents, or other
measures that are reasonably related to mitigating the traffic
impacts of future residential projects.
(b) The traffic mitigation policies adopted pursuant to this
section shall apply to residential projects of at least 10 units per
acre.
(c) (1) A residential project seeking a land use approval is not
required to comply with any additional mitigation measures required
by paragraph (1) or (2) of subdivision (a) of Section 21081, for the
traffic impacts of that project on intersections, streets, highways,
freeways, or mass transit, if the eligible local jurisdiction issuing
that land use approval has adopted traffic mitigation polices in
accordance with this section.
(2) Paragraph (1) does not restrict the authority of a local
jurisdiction to adopt feasible mitigation measures with respect to
the impacts of a project on pedestrian or bicycle safety.
SEC. 20. From the bond funding available in
Propositions 84 or 1C for smart growth planning and incentives, up to
$20 million shall be available, upon appropriation, for grants to
the agencies described in Section 14522.2 of the Government Code for
transportation planning model improvements to meet the requirements
of this act that are not otherwise required by prior law or
regulation. Grants shall be awarded by the California Transportation
Commission, in consultation with the Department of Transportation,
and shall include a process to fully account for the expenditure of
bond funds by the grantee agencies.
SEC. 21. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 21159.24 of the Public
Resources Code is amended to read:
21159.24. (a) Except as provided in subdivision (b), this
division does not apply to a project if all of the following criteria
are met:
(1) The project is a residential project on an infill site.
(2) The project is located within an urbanized area.
(3) The project satisfies the criteria of Section 21159.21.
(4) Within five years of the date that the application for the
project is deemed complete pursuant to Section 65943 of the
Government Code, community-level environmental review was certified
or adopted.
(5) The site of the project is not more than four acres in total
area.
(6) The project does not contain more than 100 residential units.
(7) Either of the following criteria are met:
(A) (i) At least 10 percent of the housing is sold to families of
moderate income, or not less than 10 percent of the housing is rented
to families of low income, or not less than 5 percent of the housing
is rented to families of very low income.
(ii) The project developer provides sufficient legal commitments
to the appropriate local agency to ensure the continued availability
and use of the housing units for very low, low-, and moderate-income
households at monthly housing costs determined pursuant to paragraph
(3) of subdivision (h) of Section 65589.5 of the Government Code.
(B) The project developer has paid or will pay in-lieu fees
pursuant to a local ordinance in an amount sufficient to result in
the development of an equivalent number of units that would otherwise
be required pursuant to subparagraph (A).
(8) The project is within one-half mile of a major transit stop,
or the project results in a reduction of vehicle miles traveled by
residents of the project by 10 percent or more when compared to the
average vehicle miles traveled within the county or major
metropolitan area.
(9) The project does not include a single level building that
exceeds 100,000 square feet.
(10) The project promotes higher density infill housing. A project
with a density of at least 20 units per acre shall be conclusively
presumed to promote higher density infill housing. A project with a
density of at least 10 units per acre and a density greater than the
average density of the residential properties within 1,500 feet shall
be presumed to promote higher density housing unless the
preponderance of the evidence demonstrates otherwise.
(b) Notwithstanding subdivision (a), this division shall apply to
a development project that meets the criteria described in
subdivision (a), if any of the following occur:
(1) There is a reasonable possibility that the project will have a
project-specific, significant effect on the environment due to
unusual circumstances.
(2) Substantial changes with respect to the circumstances under
which the project is being undertaken that are related to the project
have occurred since community-level environmental review was
certified or adopted.
(3) New information becomes available regarding the circumstances
under which the project is being undertaken and that is related to
the project, that was not known, and could not have been known, at
the time that community-level environmental review was certified or
adopted.
(c) If a project satisfies the criteria described in subdivision
(a), but is not exempt from this division as a result of satisfying
the criteria described in subdivision (b), the analysis of the
environmental effects of the project in the environmental impact
report or the negative declaration shall be limited to an analysis of
the project-specific effect of the projects and any effects
identified pursuant to paragraph (2) or (3) of subdivision (b).
(d) For the purposes of this section, "residential" means a use
consisting of either of the following:
(1) Residential units only.
(2) Residential units and primarily neighborhood-serving goods,
services, or retail uses that do not exceed 15 percent of the total
floor area of the project.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B 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.