BILL NUMBER: SB 375 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 12, 2007
AMENDED IN ASSEMBLY JULY 17, 2007
AMENDED IN ASSEMBLY JUNE 27, 2007
AMENDED IN SENATE JUNE 4, 2007
AMENDED IN SENATE MAY 2, 2007
AMENDED IN SENATE APRIL 17, 2007
INTRODUCED BY Senator Steinberg
FEBRUARY 21, 2007
An act to amend Sections 65070, 65074, 65080, 65080.5,
65081.3, 65082, 65088.1, and 65088.4 14527, 65080, and
65584.01 of, and to add Sections 14522.1, 14522.2,
14522.5, and 65086.6 65080.01
to, the Government Code, and to amend Sections 21061.3 and
21094 of, and 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. Transportation planning: travel
demand models: preferred growth scenarios:
sustainable communities strategy: 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
July 1, 2008, to adopt guidelines for travel
demand models used in the development of regional transportation
plans by certain transportation planning entities. 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 for
specified regions to include a preferred growth scenario
sustainable communities strategy , as specified,
designed to achieve certain goals for the reduction of
vehicle miles traveled greenhouse gas emissions from
automobiles and light trucks in a region. The bill would
require the State Air Resources Board, working in consultation with
the affected transportation agencies, to provide each affected region
with greenhouse gas emission reduction targets from the automobile
and light truck sector for 2020 and 2035 by an unspecified
date January 1, 2009 , and to update the regional
targets, as specified, until 2050 , and would require the
preferred growth scenario to inventory the region's emission of those
gases from the automobile and light truck sector and establish
measures to reduce those emissions to the greatest extent feasible to
achieve the targets . The bill would require certain
transportation planning and programming activities by affected
regional agencies to be consistent with the preferred growth
scenario sustainable communities strategy
contained in the regional transportation plan, including the
programming of transportation projects in the regional
transportation improvement program and the implementation of infill
opportunity zones by local agencies, among other things.
but would state that certain transportation projects programmed
for funding on or before December 31, 2011, are not required to be
consistent with the sustainable communities strategy. To the extent
the sustainable communities strategy is unable to achieve the
greenhouse gas emissions reduction targets, the bill would require
affected regional agencies to prepare a supplement to the sustainable
communities strategy that would achieve the targets through
alternative development patterns or additional transportation
measures. The bill would also require an affected regional agency to
submit a report to the California Transportation Commission on the
relationship of each project in the regional transportation
improvement program to the regional transportation plan and
supplement adopted by the regional agency. The bill would
enact other related provisions.
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 sustainable communities strategy most
recently adopted by the metropolitan planning organization
transportation planning agency , pursuant to the
requirements specified in the bill, if the project is a
residential project or a residential or mixed-use project, is on an
infill site, and applicable mitigation measures have been or will be
incorporated into the project meets certain
requirements .
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 measures for all
future residential projects that meet specified
criteria . The bill would exempt such a residential
project seeking a land use approval from compliance with additional
measures for traffic impacts, if the local jurisdiction that
has adopted those traffic mitigation measures.
(3) 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.
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 automobiles and light trucks alone
contribute 35 30 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 automobiles and
light trucks 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
automobiles and light trucks can be substantially reduced by
new vehicle technology and by the increased use of low carbon fuel.
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 automobiles and
light trucks account for 50 percent of air pollution in
California and __ 70 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) Current planning models and analytical techniques used for
making transportation infrastructure decisions and for air quality
planning should be able to assess the effects of policy choices, such
as residential development patterns, expanded transit service and
accessibility, the walkability of communities, and the use of
economic incentives and disincentives.
SEC. 2. Section 14522.1 is added to the Government Code, to read:
14522.1. (a) (1) The commission, in consultation with the State
Air Resources Board, shall adopt guidelines for travel demand models
used in the development of regional transportation plans by (A)
federally designated metropolitan planning organizations, (B) county
transportation agencies or commissions in areas that have
been designated as nonattainment areas under the federal Clean Air
Act, and (C) in the Counties of Imperial, Los Angeles, Orange,
Riverside, San Bernardino, and Ventura, the agency described in
Section 130004 of the Public Utilities Code.
(2) 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, local governments, 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, at a minimum and to the extent
practicable, account for all of the following:
(1) The relationship between land use density and household
vehicle ownership and vehicle miles traveled in a way that is
consistent with statistical research.
(2) The impact of enhanced transit service levels on household
vehicle ownership and vehicle miles traveled.
(3) Induced travel and induced land development resulting from
highway or passenger rail expansion.
(4) Mode splitting that allocates 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) The guidelines shall be adopted on or before April
July 1, 2008.
SEC. 3. Section 14522.2 is added to the Government Code, to read:
14522.2. (a) A regional transportation planning agency shall
disseminate the methodology, results, and key assumptions of
whichever travel demand model it uses in a way that would be useable
and understandable to the public.
(b) Transportation planning agencies other than those identified
in paragraph (1) of subdivision (a) of Section 14522.1, cities,
counties, and congestion management agencies within multicounty
regions are encouraged, but not required, to utilize the guidelines.
SEC. 4. Section 14522.5 is added to the
Government Code, to read:
14522.5. A regional transportation planning agency described in
paragraph (1) of subdivision (a) of Section 14522.1 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. 5. 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. 6. 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 regional
transportation plans adopted by the metropolitan planning
organizations pursuant to Section 65080.
SEC. 4. Section 14527 of the Government Code is amended
to read:
14527. (a) After consulting with the department, the regional
transportation planning agencies and county transportation
commissions shall adopt and submit to the commission and the
department, not later than December 15, 2001, and December 15 of each
odd-numbered year thereafter, a five-year regional transportation
improvement program in conformance with Section 65082. In counties
where a county transportation commission has been created pursuant to
Chapter 2 (commencing with Section 130050) of Division 12 of the
Public Utilities Code, that commission shall adopt and submit the
county transportation improvement program, in conformance with
Sections 130303 and 130304 of that code, to the
multicounty-designated transportation planning agency. For each
project included in the program, a report shall be submitted to the
commission on the relationship of the project to the regional
transportation plan and supplement, if any, prepared pursuant to
Section 65080. Other information, including a program for
expenditure of local or federal funds, may be submitted for
information purposes with the program, but only at the discretion of
the transportation planning agencies or the county transportation
commissions. As used in this section, "county transportation
commission" includes a transportation authority created pursuant to
Chapter 2 (commencing with Section 130050) of Division 12 of the
Public Utilities Code.
(b) The regional transportation improvement program shall include
all projects to be funded with the county share under paragraph (2)
of subdivision (a) of Section 164 of the Streets and Highways Code.
The regional programs shall be limited to projects to be funded in
whole or in part with the county share that shall include all
projects to receive allocations by the commission during the
following five fiscal years. For each project, the total expenditure
for each project component and the total amount of commission
allocation and the year of allocation shall be stated. The total cost
of projects to be funded with the county share shall not exceed the
amount specified in the fund estimate made by the commission pursuant
to Section 14525.
(c) The regional transportation planning agencies and county
transportation commissions may recommend projects to improve state
highways with the interregional share pursuant to subdivision (b) of
Section 164 of the Streets and Highways Code. The recommendations
shall be separate and distinct from the regional transportation
improvement program. A project recommended for funding pursuant to
this subdivision shall constitute a usable segment and shall not be a
condition for inclusion of other projects in the regional
transportation improvement program.
(d) The department may nominate or recommend the inclusion of
projects in the regional transportation improvement program to
improve state highways with the county share pursuant to paragraph
(2) of subdivision (a) and subdivision (e) of Section 164 of the
Streets and Highways Code. A regional transportation planning agency
and a county transportation commission shall have sole authority for
determining whether any of the project nominations or recommendations
are accepted and included in the regional transportation improvement
program adopted and submitted pursuant to this section. This
authority provided to a regional transportation planning agency or to
a county transportation commission extends only to a project located
within its jurisdiction.
(e) Major projects shall include current costs updated as of
November 1 of the year of submittal and escalated to the appropriate
year, and shall be consistent with, and provide the information
required in, subdivision (b) of Section 14529.
(f) The regional transportation improvement program may not change
the project delivery milestone date of any project as shown in the
prior adopted state transportation improvement program without the
consent of the department or other agency responsible for the project'
s delivery.
(g) Projects may not be included in the regional transportation
improvement program without a complete project study report or, for a
project that is not on a state highway, a project study report
equivalent or major investment study.
(h) Each transportation planning agency and county transportation
commission may request and receive an amount not to exceed 5 percent
of its county share for the purposes of project planning,
programming, and monitoring.
SEC. 7. SEC. 5. 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) Within the region under the jurisdiction of each of the
agencies described in paragraph (1) of subdivision (a) of Section
14522.1, a preferred growth scenario no later
than January 1, 2009, the State Air Resources Board, working in
consultation with the affected transportation planning agencies and
after at least one public workshop, shall provide each affected
region with greenhouse gas emission reduction targets from the
automobile and light truck sector for 2020 and 2035, respectively.
(i) The state board shall update the regional targets consistent
with each agency's timeframe for updating its regional transportation
plan under federal law until 2050.
(ii) In making these determinations, the state board shall
consider greenhouse gas emission reductions that will be achieved by
improved vehicle emission standards, changes in fuel consumption, and
other measures it has approved that will reduce greenhouse gas
emissions in the affected regions, and prospective measures the state
board plans to adopt to reduce greenhouse gas emissions from other
sources.
(B) Each agency described in paragraph
(1) of subdivision (a) of Section 14522.1 shall prepare a sustainable
communities strategy , consistent with the requirements of
Section Part 450 of Title 23 of, and
Section Part 93 of Title 40 of, the
Code of Federal Regulations, 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 a transportation network to service the transportation
needs of the region; (iii) using the best practically available
scientific information, identifies significant resource areas
and significant farmland and excludes from development areas
in the preferred growth scenario the significant resource areas
defined in paragraphs (1), (2), and (3) of subdivision (a) of Section
65086.6 and other adopted natural resource protection plans, and,
except as provided in subparagraph (F), the significant resource
areas defined in paragraphs (4), (5), (6), and (7) of subdivision (a)
of Section 65086.6 and significant farmlands; and (iv) will allow
the farmland; (iv) sets forth a development pattern
for the region, a transportation network, and other transportation
measures that will reduce the greenhouse gas emissions from
automobiles and light trucks to achieve, if there is a feasible way
to do so, the targets developed by the board; and (v) will allow the
regional transportation plan to comply with Section 176 of the
federal Clean Air Act (42 U.S.C. Sec. 7506).
(B) No later than ____, the State Air Resources Board, working in
consultation with the affected transportation agencies and after at
least one public workshop, shall provide each affected region with
greenhouse gas emission reduction targets from the automobile and
light truck sector for 2020 and 2035, respectively, in order to
implement Chapter 488 of the Statutes of 2006.
(i) The board shall update the regional targets consistent with
each agency's timeframe for updating its regional transportation plan
under federal law until 2050.
(ii) In making these determinations, the board shall consider
greenhouse gas emission reductions that will be achieved by improved
vehicle emission standards, changes in fuel consumption, and other
measures it has approved that will reduce greenhouse gas emissions in
the regions, and prospective measures the board plans to adopt to
reduce greenhouse gas emissions from other sources.
(iii) Consistent with data provided by the board, a preferred
growth scenario, prepared pursuant to subparagraph (A), shall
inventory the region's emission of greenhouse gases from the
automobile and light truck sector and establish measures to reduce
these emissions, to the greatest extent feasible, to achieve the
targets developed by the board.
(C) In a multicounty transportation planning agency, a county and
the cities within that county may propose the sustainable communities
strategy for that county. That sustainable communities strategy may
be approved as part of the sustainable communities strategy for the
region provided that the strategy for the region complies with the
requirements of this section.
(C) A preferred growth scenario
(D) A sustainable communities strategy
shall be consistent with the state planning priorities
specified pursuant to Section 65041.1.
(E) In preparing a sustainable communities strategy, the
transportation planning agency shall consider spheres of influence
that have been adopted within its region.
(F) Each agency described in paragraph (1) of subdivision (a) of
Section 14522.1 shall identify the lands for growth in housing and
employment in the sustainable communities strategy in accordance with
the following priorities:
(i) Infill and redevelopment in existing urbanized areas, and any
lands within spheres of influence as of July 1, 2007.
(ii) Vacant lands or substantially undeveloped lands other than
those identified in clause (i) that are adjacent to an existing or
reasonably foreseeable planned development area and do not include a
significant resource area or significant farmlands.
(iii) If it is not feasible to identify lands for all of the
projected growth in jobs and housing on lands in clauses (i) and
(ii), then it may identify future development on vacant lands or
substantially undeveloped lands adjacent to an existing or reasonably
foreseeable planned development or within a city sphere of influence
that contain significant resource areas as defined in paragraphs
(4), (5), (6), or (7) of subdivision (a) of Section 65080.01 or
significant farmland to the extent consistent with other provisions
of local, state, or federal law.
(iv) If it is not feasible to identify lands for all of the
projected growth in jobs and housing on lands in clauses (i), (ii),
and (iii), then it may identify future development on vacant lands or
substantially undeveloped lands adjacent to an existing or
reasonably foreseeable planned development or within a city sphere of
influence that contain significant resource areas as defined in
paragraph (3) of subdivision (a) of Section 65080.01 to the extent
consistent with other provisions of local, state, or federal law.
(v) If it is not feasible to identify lands for all of the
projected growth in jobs and housing on lands in clauses (i), (ii),
(iii), and (iv), then it may identify future development on other
lands, to the extent consistent with other provisions of local,
state, or federal law, but not on significant resource areas defined
in paragraph (1) or (2) of subdivision (a) of Section 65080.01.
(vi) If the sustainable communities strategy identifies
development on lands in clauses (iii), (iv), or (v) it shall describe
feasible measures to mitigate the impact of projected development on
those lands.
(G) Prior to adopting a sustainable communities strategy, the
regional transportation planning agency shall either (i) find that
zoning has been enacted within the region for a five-year supply of
the housing need identified in the sustainable communities strategy,
or (ii) state with specificity why the development pattern set forth
in the sustainable communities strategy is the development pattern
that is most likely to occur.
(D) If the preferred growth scenario
(H) If the sustainable communities
strategy , prepared in compliance with subparagraphs
(A) and subparagraph (B), is unable to reduce
greenhouse gas emissions to achieve the targets established by the
board, the transportation planning agency shall prepare a supplement
to the preferred growth scenario showing how
sustainable communities strategy that would achieve those
greenhouse gas emission targets could be achieved through
additional transportation investments, land use incentives, or other
programs and incentives. through alternative
development patterns or additional transportation measures. The
supplement shall be a separate document and shall not be part of the
regional transportation plan.
(E) A preferred growth scenario
(I) A sustainable
communities strategy does not regulate the use of land, nor
shall it be subject to any state review or approval. Nothing in a
preferred growth scenario sustainable
communities strategy shall be interpreted as superseding or
interfering with the exercise of the land use authority of cities and
counties within the region. Nothing in this section requires an
agency to approve a sustainable communities strategy that would be
inconsistent with Part 450 of Title 23 of, or Part 93 of Title 40 of,
the Code of Federal Regulations and any administrative guidance
under those regulations. Nothing in this section relieves a public or
private entity or any person from compliance with any other local,
state, or federal law.
(F) On and after January 1, 2009, projects and improvements to be
funded shall be consistent with regional transportation plans
developed pursuant to Section 65080. Projects
(J) Projects programmed for
funding on or before December 31, 2011, are not required to be
consistent with the preferred growth scenario
sustainable communities strategy if they (i) are contained in
the 2006 or 2008 Federal 2007 or 2009 Federal
Statewide Transportation Improvement Program or
, (ii) are funded pursuant to Chapter 12.49
(commencing with Section 8879.20) of Division 1 of Title 2 , or
(iii) were specifically listed in a ballot measure prior to December
31, 2006, approving a sales tax increase for transportation projects
.
(G) Before identifying either a significant resource area defined
in paragraph (4), (5), (6), or (7) of subdivision (a) of Section
65086.6 or significant farmlands as a
development area, the transportation planning agency
shall adopt findings that (i) the area is adjacent to an existing
developed area or is within an infill area as defined in Division 13
(commencing with Section 21000) of the Public Resources Code; (ii)
the area is served by all necessary utilities; (iii) there is no
feasible alternative to identifying the area as a development area;
(iv) the loss of a significant resource area will be fully mitigated;
and (v) the area will be efficiently utilized for development with a
density of at least 10 dwelling units per acre.
(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
transportation projects proposed for development during the
20-year or greater life of the plan. Proposed
projects The action element shall be consistent
with the preferred growth scenario
sustainable communities strategy , except as provided in
subparagraph (F) (J) of paragraph (2).
The action element shall consider congestion management
programming activities carried out within the region.
(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. 8. 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 requirements of
Section 65080, 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. 9. Section 65081.3 of the Government Code
is amended to read:
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, 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 the
preferred growth scenario of the regional transportation plan 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. 10. 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. Except as provided in
subparagraph (F) of paragraph (2) of subdivision (b) of Section
65080, on and after January 1, 2009, projects and improvements to be
funded shall be consistent with regional transportation plans.
(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. 11. 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 areas" include (1) all publicly owned
parks and open space; (2) open space or habitat areas protected by
natural community conservation plans, habitat conservation plans, and
other adopted natural resource protection plans; (3) lands subject
to conservation or agricultural easements and lands under Williamson
Act contracts; (4) areas designated for open-space uses in adopted
open-space elements of the local general plan or by local ordinance;
(5) habitat for species identified as candidate, fully protected,
sensitive, or species of special status by local, state, or federal
agencies or protected by the federal Endangered Species Act of 1973,
the California Endangered Species Act, or the Native Plant Protection
Act; (6) habitat blocks, linkages, or watershed units that protect
regional populations of native species, including sensitive, endemic,
keystone, and umbrella species, and the ecological processes that
maintain them; and (7) floodplains.
(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) "Consistent with the preferred growth scenario" or "consistent
with the regional transportation plan" means that the capacity of
the transportation projects or improvements does not exceed that
which is necessary to provide reasonable service levels for the
preferred growth scenario.
SEC. 12. 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 round trip 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. 13. 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, 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. 6. Section 65080.01 is added to the
Government Code , to read:
65080.01. The following definitions apply to terms used in
Section 65080:
(a) "Significant resource areas" include (1) all publicly owned
parks and open space; (2) open space or habitat areas protected by
natural community conservation plans, habitat conservation plans, and
other adopted natural resource protection plans; (3) habitat for
species identified as candidate, fully protected, sensitive, or
species of special status by local, state, or federal agencies or
protected by the federal Endangered Species Act of 1973, the
California Endangered Species Act, or the Native Plan Protection Act;
(4) lands subject to conservation or agricultural easements for
conservation or agricultural purposes by local governments, special
districts, or nonprofit 501(c)(3) organizations, and lands under
Williamson Act contracts; (5) areas designated for open-space uses in
adopted open-space elements of the local general plan or by local
ordinance; (6) habitat blocks, linkages, or watershed units that
protect regional populations of native species, including sensitive,
endemic, keystone, and umbrella species, and the ecological processes
that maintain them; and (7) an area subject to flooding where a
development project would not, at the time of development in the
judgment of the agency, meet the requirements of the National Flood
Insurance Program or where the area is subject to more protective
provisions of state law or local ordinance.
(b) "Significant farmland" means farmland that is classified as
prime or unique farmland, or farmland of statewide importance and is
outside all existing city spheres of influence or city limits as of
January 1, 2007.
(c) "Consistent with the sustainable communities strategy" means
that the capacity of the transportation projects or improvements does
not exceed that which is necessary to provide reasonable service
levels for the existing population and the planned growth of the
region as set forth in the sustainable communities strategy.
(d) "Feasible" means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account
economic, environmental, legal, social, and technological factors.
SEC. 7. Section 65584.01 of the
Government Code is amended to read:
65584.01. (a) For the fourth and subsequent revision of the
housing element pursuant to Section 65588, the department, in
consultation with each council of governments, where applicable,
shall determine the existing and projected need for housing for each
region in the following manner:
(b) The department's determination shall be based upon population
projections produced by the Department of Finance and regional
population forecasts used in preparing regional transportation plans,
in consultation with each council of governments. If the total
regional population forecast for the planning period, developed by
the council of governments and used for the preparation of the
regional transportation plan, is within a range of 3 percent of the
total regional population forecast for the planning period over the
same time period by the Department of Finance, then the population
forecast developed by the council of governments shall be the basis
from which the department determines the existing and projected need
for housing in the region. If the difference between the total
population growth projected by the council of governments and the
total population growth projected for the region by the Department of
Finance is greater than 3 percent, then the department and the
council of governments shall meet to discuss variances in methodology
used for population projections and seek agreement on a population
projection for the region to be used as a basis for determining the
existing and projected housing need for the region. If no agreement
is reached, then the population projection for the region shall be
the population projection for the region prepared by the Department
of Finance as may be modified by the department as a result of
discussions with the council of governments.
(c) (1) At least 26 months prior to the scheduled revision
pursuant to Section 65588 and prior to developing the existing and
projected housing need for a region, the department shall meet and
consult with the council of governments regarding the assumptions and
methodology to be used by the department to determine the region's
housing needs. The council of governments shall provide data
assumptions from the council's projections, including, if available,
the following data for the region:
(A) Anticipated household growth associated with projected
population increases.
(B) Household size data and trends in household size.
(C) The rate of household formation, or headship rates, based on
age, gender, ethnicity, or other established demographic measures.
(D) The vacancy rates in existing housing stock, and the vacancy
rates for healthy housing market functioning and regional mobility,
as well as housing replacement needs.
(E) Other characteristics of the composition of the projected
population.
(2) The department may accept or reject the information provided
by the council of governments or modify its own assumptions or
methodology based on this information. After consultation with the
council of governments, the department shall make determinations in
writing on the assumptions for each of the factors listed in
subparagraphs (A) to (E), inclusive, of paragraph (1) and the
methodology it shall use and shall provide these determinations to
the council of governments.
(d) (1) After consultation with the council of governments, the
department shall make a determination of the region's existing and
projected housing need based upon the assumptions and methodology
determined pursuant to subdivision (c). The region's existing
and projected housing need shall reflect the achievement of a
feasible balance between jobs and housing within the region using the
regional employment projections in the applicable regional
transportation plan. Within 30 days following notice of the
determination from the department, the council of governments may
file an objection to the department's determination of the region's
existing and projected housing need with the department.
(2) The objection shall be based on and substantiate either of the
following:
(A) The department failed to base its determination on the
population projection for the region established pursuant to
subdivision (b), and shall identify the population projection which
the council of governments believes should instead be used for the
determination and explain the basis for its rationale.
(B) The regional housing need determined by the department is not
a reasonable application of the methodology and assumptions
determined pursuant to subdivision (c). The objection shall include a
proposed alternative determination of its regional housing need
based upon the determinations made in subdivision (c), including
analysis of why the proposed alternative would be a more reasonable
application of the methodology and assumptions determined pursuant to
subdivision (c).
(3) If a council of governments files an objection pursuant to
this subdivision and includes with the objection a proposed
alternative determination of its regional housing need, it shall also
include documentation of its basis for the alternative
determination. Within 45 days of receiving an objection filed
pursuant to this section, the department shall consider the objection
and make a final written determination of the region's existing and
projected housing need that includes an explanation of the
information upon which the determination was made.
SEC. 8. Section 21061.3 of the Public
Resources Code is amended to read:
21061.3. "Infill site" means a site in an urbanized area that
meets either of the following criteria:
(a) The site has not been previously developed for urban uses and
both of the following apply:
(a)
(1) The site is immediately adjacent to
parcels that are developed with qualified urban
uses , or at least 75 percent of the perimeter of the site
adjoins parcels that are developed with qualified urban uses ,
and the remaining 25 percent of the site adjoins parcels that
have previously been developed for qualified urban uses ,
and the site has not been developed for urban uses and no parcel
within the site has been created within the past 10 years .
(2) No parcel within the site has been created within the past 10
years unless the parcel was created as a result of the plan of a
redevelopment agency.
(b) The site has been previously developed for qualified urban
uses.
SEC. 9. Section 21094 of the Public
Resources Code is amended to read:
21094. (a) Where a prior environmental impact report has been
prepared and certified for a program, plan, policy, or ordinance, the
lead agency for a later project that meets the requirements of this
section shall examine significant effects of the later project upon
the environment by using a tiered environmental impact report, except
that the report on the later project need not examine those effects
which the lead agency determines were either (1) mitigated or avoided
pursuant to paragraph (1) of subdivision (a) of Section 21081 as a
result of the prior environmental impact report, or (2) examined at a
sufficient level of detail in the prior environmental impact report
to enable those effects to be mitigated or avoided by site specific
revisions, the imposition of conditions, or by other means in
connection with the approval of the later project.
(b) This section applies only to a later project which the lead
agency determines (1) is consistent with the program, plan, policy,
or ordinance for which an environmental impact report has been
prepared and certified, (2) is consistent with applicable local land
use plans and zoning of the city, county, or city and county in which
the later project would be located, and (3) is not subject to
Section 21166.
(c) For purposes of compliance with this section, an initial study
shall be prepared to assist the lead agency in making the
determinations required by this section. The initial study shall
analyze whether the later project may cause significant effects on
the environment that were not examined in the prior environmental
impact report.
(d) All public agencies which propose to carry out or approve the
later project may utilize the prior environmental impact report and
the environmental impact report on the later project to fulfill the
requirements of Section 21081.
(e) When tiering is used pursuant to this section, an
environmental impact report prepared for a later project shall refer
to the prior environmental impact report and state where a copy of
the prior environmental impact report may be examined.
(f) If a residential, commercial, or retail project is consistent
with a sustainable communities strategy, as modified by a supplement,
if any, adopted pursuant to Section 65080 of the Government Code,
the environmental analysis of that project may tier the analysis of
the climate impacts of greenhouse gas emissions from automobiles and
light trucks associated with the project from the environmental
impact report prepared for the regional transportation plan. For
purposes of this section, "consistent with a sustainable communities
strategy" means that the use, density, and intensity of the project
are consistent with the use, density, and intensity identified for
the project area in the sustainable communities strategy, as modified
by a supplement, if any, and any mitigation measures adopted in the
environmental impact report on the regional transportation plan have
been or will be incorporated into the project. Nothing in this
subdivision restricts the use of a tiered environmental impact report
as otherwise provided in this division.
SEC. 14. SEC. 10. 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 SUSTAINABLE COMMUNITIES STRATEGY
21155. (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 substantially consistent with the
preferred growth scenario sustainable
communities strategy, as modified by a supplement, if any, most
recently adopted by the metropolitan planning organization
transportation planning agency 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 substantially consistent with the
preferred growth scenario only if all of the following
requirements are met:
(1) The
sustainable communities strategy, as modified by a supplement,
if any, if 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 that are substantially
consistent with the uses, density, and intensity identified in the
sustainable communities strategy, as modified by a supplement, if
any, for those locations and if the open space element
designates uses for significant farmlands or significant resource
areas that are consistent with the protection of all of the resources
of those lands or areas .
(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 areas that are identified in the preferred growth
scenario as significant resource areas are limited to uses that are
consistent with protection of all the resource values of those areas.
(4) A local jurisdiction that meets the requirements of this
section is an eligible local jurisdiction for purposes of this
chapter.
(c) Notwithstanding subdivision (a), the provisions of Sections
21155.1, 21155.2, and 21155.3 may be utilized for projects within a
local jurisdiction if the project is shown only in the supplement to
the sustainable communities strategy.
(d) Notwithstanding subdivision (a) or (c), the provisions of
Sections 21155.1, 21155.2, and 21155.3 may not be utilized for
projects identified for development on lands referenced in clause (v)
of subparagraph (F) of paragraph (2) of subdivision (b) of Section
65080.
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 all 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 on an infill site.
(c) Any applicable mitigation measures approved in the final
environmental impact reports on the regional transportation plan or
the local general plan amendment have been or will be incorporated
into the project.
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 but not yet built 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 or
riparian areas, 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 the United States Fish and Wildlife Service Manual,
Part 660 FW 2 (June 21, 1993).
(C) For the purposes of this paragraph, "riparian areas" means
those areas transitional between terrestrial and aquatic ecosystems
and that are distinguished by gradients in biophysical conditions,
ecological processes, and biota. A riparian area is an area through
which surface and subsurface hydrology connect waterbodies with their
adjacent uplands. A riparian area includes those portions of
terrestrial ecosystems that significantly influence exchanges of
energy and matter with aquatic ecosystems. A riparian area is
adjacent to perennial, intermittent, and ephemeral streams, lakes,
and estuarine-marine shorelines.
(D) For the purposes of this paragraph, "wildlife habitat" means
the ecological communities upon which wild animals, birds, plants,
fish, amphibians, and invertebrates depend for their conservation and
protection.
(E) For the purposes of this paragraph, habitat of "significant
value" includes wildlife habitat of national, statewide, regional, or
local importance; habitat for species protected by the federal
Endangered Species Act of 1973, the California Endangered Species
Act, or the Native Plant Protection Act; habitat identified as
candidate, fully protected, sensitive, or species of special status
by local, state, or federal agencies; or habitat essential to the
movement of resident or migratory wildlife.
(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.
(9) Any applicable mitigation measures approved in the final
environmental impact reports on the regional transportation plan or
the local general plan amendment have been or will be incorporated
into the project.
(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 site of the project is not more than eight acres in total
area.
(4) The project does not contain more than 200 residential units.
(5) The project density 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.
(6) The project does not result in any loss in the number of
affordable housing units within the project area.
(7) The project does not include any single level building that
exceeds 75,000 square feet.
(8) The project is consistent with the general plan.
(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.
Rental units shall be affordable for at least 55 years. Ownership
units shall be subject to resale restrictions or equity sharing
requirements for at least 30 years.
(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
measures that would apply to all future residential projects. These
measures shall be adopted or amended 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 will avoid or mitigate the traffic impacts of
those future residential projects.
(b) The traffic mitigation measures adopted pursuant to this
section shall apply to all 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 measures 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.
(d) The legislative body shall review its traffic mitigation
measures and update them as needed at least every five years.
21155.1. If the legislative body 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 shall not be subject to any other provisions of 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 but not yet built 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 or
riparian areas and does not have 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.),
the Native Plant
Protection Act (Chapter 10 (commencing with Section 1900) of Division
2 of the Fish and Game Code), or 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 the United States Fish and Wildlife Service Manual,
Part 660 FW 2 (June 21, 1993).
(C) For the purposes of this paragraph:
(i) "Riparian areas" means those areas transitional between
terrestrial and aquatic ecosystems and that are distinguished by
gradients in biophysical conditions, ecological processes, and biota.
A riparian area is an area through which surface and subsurface
hydrology connect waterbodies with their adjacent uplands. A riparian
area includes those portions of terrestrial ecosystems that
significantly influence exchanges of energy and matter with aquatic
ecosystems. A riparian area is adjacent to perennial, intermittent,
and ephemeral streams, lakes, and estuarine-marine shorelines.
(ii) "Wildlife habitat" means the ecological communities upon
which wild animals, birds, plants, fish, amphibians, and
invertebrates depend for their conservation and protection.
(iii) Habitat of "significant value" includes wildlife habitat of
national, statewide, regional, or local importance; habitat for
species protected by the federal Endangered Species Act of 1973 (16
U.S.C. Sec. 1531, et seq.), the California Endangered Species Act
(Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish
and Game Code), or the Native Plant Protection Act (Chapter 10
(commencing with Section 1900) of Division 2 of the Fish and Game
Code); habitat identified as candidate, fully protected, sensitive,
or species of special status by local, state, or federal agencies; or
habitat essential to the movement of resident or migratory wildlife.
(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
with 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 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 site of the project is not more than eight acres in total
area.
(4) The project does not contain more than 200 residential units.
(5) The project density 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.
(6) The project does not result in any net loss in the number of
affordable housing units within the project area.
(7) The project does not include any single level building that
exceeds 75,000 square feet.
(8) The project is consistent with the general plan.
(9) Any applicable mitigation measures approved in the final
environmental impact reports on the regional transportation plan or
the local general plan amendment have been or will be incorporated
into the project.
(10) The project is determined not to conflict with nearby
operating industrial uses.
(c) The project meets at least one of the following four criteria:
(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.
Rental units shall be affordable for at least 55 years. Ownership
units shall be subject to resale restrictions or equity sharing
requirements for at least 30 years.
(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.
21155.2. (a) A project that meets the following requirements
shall be eligible for either the provisions of subdivision (b) or
(c):
(1) Environmental impact reports have been certified on the
regional transportation plan containing the sustainable communities
strategy and on the applicable general plan provisions.
(2) Any applicable mitigation measures or performance standards or
criteria set forth in the prior environmental impact reports, and
adopted in findings, have been or will be incorporated into the
project.
(3) The project density is at least 10 residential units per net
acre.
(4) At least 75 percent of the total building square footage of
the project consists of residential buildings.
(b) A project that satisfies the requirements of subdivision (a)
may be reviewed through a sustainable communities environmental
assessment as follows:
(1) An initial study shall be prepared to identify all significant
or potentially significant project-specific impacts of the project.
The initial study does not need to evaluate any significant
cumulative or growth-inducing effects on the environment that were
identified and discussed in the environmental impact reports
certified for the regional transportation plan and the general plan.
(2) The sustainable communities environmental assessment shall
contain measures that substantially lessen to a level of
insignificance or avoid all project-specific impacts of the project.
(3) A draft of the sustainable communities environmental
assessment shall be circulated for public comment for a period of not
less than 30 days. Notice shall be provided in the same manner as
required for an environmental impact report pursuant to Section
21092.
(4) Prior to acting on the sustainable communities environmental
assessment, the lead agency shall consider all comments received.
(5) A sustainable communities environmental assessment may be
approved by the lead agency after conducting a public hearing,
reviewing the comments received, and finding that:
(A) All potentially significant or significant project-specific
impacts have been identified and analyzed.
(B) With respect to each significant project-specific impact on
the environment, either of the following apply:
(i) Changes or alterations have been required in or incorporated
into the project that avoid or substantially lessen the significant
effects to a level of insignificance.
(ii) Those changes or alterations are within the responsibility
and jurisdiction of another public agency and have been, or can and
should be, adopted by that other agency.
(6) The legislative body of the lead agency shall conduct the
public hearing or a planning commission may conduct the public
hearing if local ordinances allow a direct appeal of approval of a
document prepared pursuant to this division to the legislative body
subject to a fee not to exceed five hundred dollars ($500).
(7) The lead agency's approval of a sustainable communities
environmental assessment shall be reviewed under the substantial
evidence standard.
(c) A project that satisfies the requirements of subdivision (a)
may be reviewed by an environmental impact report that complies with
all of the following:
(1) An initial study shall be prepared to identify all the
project-specific impacts of the project that may have a significant
effect on the environment based upon substantial evidence in light of
the whole record. The initial study does not need to evaluate any
significant cumulative or growth-inducing effects on the environment
that were identified and discussed in the environmental impact
reports certified for the regional transportation plan and the
general plan.
(2) An environmental impact report prepared pursuant to this
subdivision need only address the significant or potentially
significant impacts on the environment identified pursuant to
paragraph (1). It is not required to analyze off-site alternatives to
the project. It shall otherwise comply with the requirements of this
division.
21155.3. (a) The legislative body of a local jurisdiction may
adopt traffic mitigation measures that would apply to future projects
described in subdivision (b). These measures shall be adopted or
amended 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 will
avoid or substantially lessen the traffic impacts of those future
projects.
(b) The traffic mitigation measures adopted pursuant to this
section shall apply to projects where the residential density is at
least 10 units per net acre and where at least 75 percent of the
total building square footage of the project consists of residential
buildings.
(c) (1) A project described in subdivision (b) that is seeking a
discretionary 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
local jurisdiction issuing that discretionary approval has adopted
traffic mitigation measures 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 public health or on pedestrian or bicycle
safety.
(d) The legislative body shall review its traffic mitigation
measures and update them as needed at least every five years.
SEC. 15. SEC. 11. 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.
____ CORRECTIONS
Digest--Pages 2 and 3.
____