BILL NUMBER: SB 375 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 13, 2008
AMENDED IN ASSEMBLY MARCH 24, 2008
AMENDED IN ASSEMBLY JANUARY 28, 2008
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
(Coauthors: Assembly Members Jones and DeSaulnier)
FEBRUARY 21, 2007
An act to amend Sections 14527, 65080, and 65584.01
65080, 65400, 65583, 65584.01, 65584.02, 65584.04,
65587, and 65588 of, and to add Sections 14522.1, 14522.2, and
65080.01 to, the Government Code, and to amend Sections
21061.3 and 21094 of, Section 21061.3 of, to add
Section 21159.28 to, 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: 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. Certain of these agencies are
designated under federal law as metropolitan planning organizations.
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 July 1, 2009,
to adopt maintain guidelines
for travel demand models used in the development of regional
transportation plans by certain transportation planning
entities metropolitan planning organizations .
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 of the state with a
metropolitan planning organization to include
adopt a sustainable communities strategy,
as part of its regional transportation plan, as specified,
designed to achieve certain goals for the reduction of 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
metropolitan planning organizations , to provide each affected
region with greenhouse gas emission reduction targets from
for the automobile and light truck sector for
2020 and 2035 by January 1, 2010 2011 ,
and to update the regional targets, as specified, until
2050 appoint a Regional Targets Advisory Committee to
recommend factors and methodologies for setting those targets .
The bill would require certain transportation planning and
programming activities by affected regional agencies
the metropolitan plannin g organizations
to be consistent with the sustainable communities strategy
contained in the regional transportation plan, 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 process . To the extent
the sustainable communities strategy is unable to achieve the
greenhouse gas emissions reduction targets, the bill would require
affected regional agencies metropolitan
planning organizations to prepare a supplement
an alternative planning strategy to the
sustainable communities strategy that would achieve
showing how the targets would be achieved
through alternative development patterns , infrastructure,
or additional transportation measures or policies .
The bill would also require an affected regional agency to
submit a statement to the California Transportation Commission
describing the relationship of each project in the regional
transportation improvement program to the regional transportation
plan and supplement adopted by the regional agency
require the State Air Resources Board to review each
metropolitan planning organization's sustainable communities strategy
and alternative planning strategy to determine whether the strategy,
if implemented, would achieve the greenhouse gas emission reduction
targets. The bill would require a strategy that is found to be
insufficient by the state board to be revised by the metropolitan
planning organization, with a minimum requirement that the
metropolitan planning organization must obtain state board acceptance
that an alternative planning strategy, if implemented, would achieve
the targets. The bill would state that the adopted strategies do not
regulate the use of land and are not subject to state approval, and
that city or county land use policies, including the general plan,
are not required to be consistent with the regional transportation
plan, which would include the sustainable growth strategy, or the
alternative planning strategy. The bill would also require the
metropolitan planning organization to hold specified informational
meetings in this regard with local elected officials and
would require a public participation program with workshops and
public hearings for the public, among other things . 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 Planning and Zoning Law requires each city, county, or
city and county to prepare and adopt a general plan for its
jurisdiction that contains certain mandatory elements, including a
housing element. Existing law requires the housing element to
identify the existing and projected housing needs of all economic
segments of the community.
Existing law requires the housing element, among other things, to
contain a program which sets forth a 5-year schedule of actions of
the local government to implement the goals and objectives of the
housing element. Existing law requires the program to identify
actions that will be undertaken to makes sites available to
accommodate various housing needs, including, in certain cases, the
rezoning of sites to accommodate 100% of the need for housing for
very low and low-income households.
This bill would extend the 5-year period for the schedule of
actions in the program to 8 years, and require each action to have a
timetable for implementation. The bill would generally require
rezoning of certain sites to accommodate certain housing needs within
specified times, with an opportunity for an extension time in
certain cases, and would require the local government to hold a
noticed public hearing within 30 days after the deadline for
compliance expires. The bill would, under certain conditions,
prohibit a local government that fails to complete a required
rezoning within the timeframe required from disapproving a housing
development project, as defined, or from taking various other actions
that would render the project infeasible, and would allow the
project applicant or any interested person to bring an action to
enforce these provisions. The bill would also allow a court to compel
a local government to complete the rezoning within specified times
and to impose sanctions on the local government if the court order or
judgment is not carried out, and would provide that in certain cases
the local government shall bear the burden of proof relative to
actions brought to compel compliance with specified deadlines and
requirements.
Existing law requires each local government to review and revise
its housing element as frequently as appropriate, but not less than
every 5 years.
This bill would extend that time period to 8 years, except in
certain cases in which the time period would be reduced to 4 years.
The bill would enact other related provisions. Because the bill
would impose additional duties on local governments relative to the
housing element of the general plan, it would thereby impose a
state-mandated local program.
(2)
(3) 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, housing, and open-space elements of the general plan
are consistent with the sustainable communities strategy most
recently adopted by the transportation planning agency, pursuant to
the requirements specified in the bill, if 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. exempt from CEQA a transit
priority project, as defined, that meets certain requirements and
that is declared by the legislative body of a local jurisdiction to
be a sustainable communities project. The transit priority project
would need to be consistent with a metropolitan planning organization'
s sustainable communities strategy or an alternative planning
strategy that has been determined by the State Air Resources Board to
achieve the greenhouse gas emission reductions targets.
The bill would provide for limited CEQA review of various other
transit priority projects.
The bill, with respect to other residential or mixed-use
residential projects meeting certain requirements, would exempt the
environmental documents for those projects from being required to
include certain information regarding growth inducing impacts or
impacts from certain vehicle trips.
The bill would also authorize the legislative body of a local
jurisdiction to adopt traffic mitigation measures for future
residential transit priority projects
that meet specified criteria . The bill would exempt
such a residential transit
priority project seeking a land use approval from compliance
with additional measures for traffic impacts, if the local
jurisdiction 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 the Legislature finds there is no
mandate contained in the bill that will result in costs incurred by a
local agency or school district for a new program or higher level of
service which require reimbursement pursuant to these constitutional
and statutory provisions.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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; automobiles and
light trucks alone contribute almost 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
According to the State Air Resources Board, in
1990 , greenhouse gas emissions from automobiles
and light trucks were approximately 73 108
million metric tons, but by 2006 2004
these emissions had increased to approximately 100
135 million metric tons.
(c) Greenhouse gas emissions from 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
improved land use and transportation policy,
California will not be able to achieve the goals of AB 32.
(d) In addition, 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 , based upon established modeling methodology,
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 federal law requires regional transportation planning
agencies to include a land use allocation in the regional
transportation plan. Some regions have engaged in a regional
"blueprint" process to prepare the land use allocation. This process
has been open and transparent. The Legislature intends, by this act,
to build upon that successful process and to take an
evolutionary step forward by requiring metropolitan
planning organizations to develop and incorp orate a
sustainable communities strategy which will be the land use
allocation in the regional transportation plan .
(f) The California Environmental Quality Act (CEQA) is California'
s premier environmental statute. New provisions of CEQA should be
enacted so that the statute encourages developers to submit
applications and local governments to make land use decisions
that will help the state achieve its climate goals under AB 32,
assist in the achievement of state and federal air quality standards,
and increase petroleum conservation.
(g) 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.
(h) The California Transportation Commission has developed
guidelines for travel demand models used in the development of
regional transportation plans. This act assures the commission's
continued oversight of the guidelines, as the commission may update
them as needed from time to time.
(i) California local governments need a sustainable source of
funding to be able to accommodate patterns of growth consistent with
the state's climate, air quality, and energy conservation goals.
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 maintain
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 Any revision of
the guidelines shall include the formation of an advisory committee
that shall include representatives of the regional
transportation planning agencies metropol
itan planning organizations , 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 Before amending the guidelines, 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, taking into account such factors as the size and
available resources of the metropolitan planning organization,
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 Changes in travel and
induced land development resulting
likely to result 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 July 1, 2009.
(5) Speed and frequency, days, and hours of operation of transit
service.
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 models 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 and counties are encouraged,
but not required, to utilize the guidelines.
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 statement shall be submitted to
the commission describing 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. 5. SEC. 4. 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 be an internally
consistent document and 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 sustainable communities strategy prepared by each
metropolitan planning organization as follows:
(A) Within the region under the jurisdiction of each of the
agencies described in paragraph (1) of subdivision (a) of Section
14522.1, no
(A) No later than January 1,
2010 2011 , the State Air Resources
Board, working in consultation with the affected
transportation planning agencies and after at least one public
workshop, shall Board shall provide each
affected region with greenhouse gas emission reduction targets
from for 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
(i) No later than January 31, 2009, the state board shall appoint
a Regional Targets Advisory Committee to recommend factors to be
considered and methodologies to be used for setting greenhouse gas
emission reduction targets for the affected regions. The committee
shall be composed of representatives of the metropolitan planning
organizations, the affected air districts, the League of California
Cities, the California State Association of Counties, and members of
the public, including homebuilders, environmental organizations,
planning organizations, environmental justice organizations,
affordable housing organizations, and others. The advisory committee
shall transmit a report with its recommendations to the state board
no later than December 31, 2009. In recommending factors to be
considered and methodologies to be used, the advisory committee may
consider any relevant issues, including, but not limited to, data
needs, modeling techniques, growth forecasts, the impacts of regional
jobs-housing balance on interregional travel and greenhouse gas
emissions, economic and demographic trends, the magnitude of
greenhouse gas reduction benefits from a variety of land use and
transportation strategies, and appropriate methods to describe
regional targets and to monitor performance in attaining those
targets. The state board shall consider the report prior to setting
the targets.
(ii) Prior to setting the targets for a region, the state board
shall exchange technical information with the metropolitan planning
organization and the affected air district. This information may
include a recommendation for a target for the region. The
metropolitan planning organization shall hold at least one public
workshop within the region after receipt of the report from the
advisory committee.
(iii) In establishing these targets,
the state board shall take into account greenhouse gas emission
reductions that will be achieved by improved vehicle emission
standards, changes in fuel consumption
composition , 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.
greenhouse gas emission sources as that term is defined in
subdivision (i) of Section 38505 of the Health and Safety
Code and consistent with the regulations promulgated pursuant to the
California Global Warming Solutions Act of 2006 (Division 12.5
(commencing with Section 38500) of the Health and Safety Code).
(iv) The state board shall update the regional greenhouse gas
emission reduction targets every eight years consistent with each
metropolitan planning organization's timeframe for updating its
regional transportation plan under federal law until 2050. The state
board may revise the targets every four years based on changes in the
factors considered under clause (ii) above. The state board shall
exchange technical information with the metropolitan planning
organizations, local governments, and affected air districts and
engage in a consultative process with public and private stakeholders
prior to updating these targets.
(v) The greenhouse gas emission reduction targets may be expressed
in gross tons, tons per capita, tons per household, or in any other
metric deemed appropriate by the state board.
(B) Each agency described in paragraph (1) of subdivision
(a) of Section 14522.1 metropolitan planning
organization shall prepare a sustainable communities strategy,
consistent with subject to the
requirements of Part 450 of Title 23 of, and Part 93 of Title 40 of,
the Code of Federal Regulations, that (i) identifies
including the requirement to utilize the most recent
planning assumptions considering local general plans and other
factors. The sustainable communities strategy shall (i) identify the
general location of uses, residential densities, and building
intensities within the region; (ii) identify 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 of the regional
transportation plan taking into account net migration into the
region, population growth, household formation and employment growth;
(ii) identifies (iii) identify areas within
the region sufficient to house an eight-year projection of the
regional housing need for the region pursuant to Section 65584; (iv)
identify a transportation network to service the transportation
needs of the region; (iii) using (v) gather
and consider the best practically available scientific
information , identifies significant resource areas and
significant farmland; (iv) sets forth a regarding
resource areas and farmland in the region as defined in subdivisions
(a) and (b) of Section 65080.01; (vi) set forth a forecasted
development pattern for the region, a which,
when integrated with the transportation network, and other
transportation measures that and policies,
will reduce the greenhouse gas emissions from automobiles and
light trucks to achieve, if there is a feasible way to do so, the
greenhouse gas emission reduction targets
developed by the approved by the state board;
and (v) (vii) will allow the regional
transportation plan to comply with Section 176 of the federal Clean
Air Act (42 U.S.C. Sec. 7506).
(C) In the region served by the multicounty
transportation planning agency described in Section 130004 of the
Public Utilities Code, a county and the cities within that county may
propose the sustainable communities strategy for that county. That
sustainable communities strategy may be approved by the
metropolitan planning organization as part of the sustainable
communities strategy for the region provided that the strategy for
the region complies with the requirements of this section.
(D) A sustainable communities strategy shall be consistent with
the state planning priorities specified pursuant to Section 65041.1.
(D) Each metropolitan planning organization shall conduct at least
two informational meetings in each county within the region for
members of the board of supervisors and city councils on the
sustainable communities strategy and alternative planning strategy,
if any. The metropolitan planning organization may conduct only one
informational meeting if it is attended by representatives of the
county board of supervisors and city council members representing a
majority of the cities representing a majority of the population in
the incorporated areas of that county. Notice of the meeting shall be
sent to the clerk of the board of supervisors and to each city
clerk. The purpose of the meeting shall be to present a draft of the
sustainable communities strategy to the members of the board of
supervisors and the city council members in that county and to
solicit and consider their input and recommendations and input and
recommendations from interested members of the public, including
representatives of transportation agencies and transit agencies.
(E) Each metropolitan planning organization shall adopt a public
participation plan, for development of the sustainable communities
strategy and an alternative planning strategy, if any, that includes
all of the following:
(i) Outreach efforts to encourage the active participation of a
broad range of stakeholder groups in the planning process, consistent
with the agency's adopted Federal Public Participation Plan,
including, but not limited to, affordable housing advocates,
transportation advocates, neighborhood and community groups,
environmental advocates, home builder representatives, broad-based
business organizations, landowners, commercial property interests,
and homeowner associations.
(ii) Workshops throughout the region to provide the public with
the information and tools necessary to provide a clear understanding
of the issues and policy choices. At least one workshop shall be held
in each county in the region. For counties with a population greater
than 500,000, at least three workshops shall be held. Each workshop,
to the extent practicable, shall include urban simulation computer
modeling to create visual representations of the sustainable
communities strategy and the alternative planning strategy.
(iii) Preparation and circulation of a draft sustainable
communities strategy and, if one is prepared, an alternative planning
strategy, not less than 55 days before adoption of a final strategy.
(iv) At least three public hearings on the draft sustainable
communities strategy and alternative planning strategy, if any. To
the maximum extent feasible, the hearings shall be in different parts
of the region to maximize the opportunity for participation by
members of the public throughout the region.
(v) A process for enabling members of the public to provide a
single request to receive notices, information, and updates.
(E)
(F) In preparing a sustainable communities strategy,
the transportation planning agency
metropolitan planning organization shall consider spheres of
influence that have been adopted by the local agency formation
commissions within its region.
(F) Each agency described in paragraph (1) of subdivision (a) of
Section 14522.1 and, within the jurisdiction of the Metropolitan
Transportation Commission, the Association of Bay Area Governments
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 and, within the
jurisdiction of the Metropolitan Transportation Commission, the
Association of Bay Area Governments 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. metropolitan planning
organization shall quantify the reduction in greenhouse gas emissions
projected to be achieved by the sustainable communities strategy and
se t forth the difference, if any, between the
amount of that reduction and the target for the region established
by the state board.
(H) If the sustainable communities strategy, prepared in
compliance with subparagraph (B), is unable to reduce greenhouse gas
emissions to achieve the greenhouse gas emission reduction
targets established by the state board, the
regional transportation planning agency shall prepare a supplement to
the sustainable communities strategy that would achieve those
greenhouse gas emission targets 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. metropolitan planning
organization shall prepare an alternative planning strategy to the
sustainable communities strategy showing how those greenhouse gas
emission targets would be achieved through alternative development
patterns, infrastructure, or additional transportation measures or
policies. The alternative planning strategy shall be a separate
document from the regional transportation plan, but it may be adopted
concurrently with the regional transportation plan. In preparing the
alternative planning strategy, the metropolitan planning
organization:
(i) Shall work in collaboration with a broad range of public and
private stakeholders, including member cities and counties, relevant
interest groups, and the general public.
(ii) Shall identify the principal impediments to achieving the
targets within the sustainable communities strategy.
(iii) May include an alternative development pattern for the
region pursuant to subparagraphs (B) to (F), inclusive.
(iv) Shall describe how the greenhouse gas emission reduction
targets would be achieved by the alternative planning strategy, and
why the measures and policies in the alternative planning strategy
are the most practicable choices for achievement of the greenhouse
gas emission reduction targets.
(v) An alternative development pattern set forth in the
alternative planning strategy shall comply with Part 450 of Title 23
of, and Part 93 of Title 40 of, the Code of Federal Regulations,
except to the extent that compliance will prevent achievement of the
greenhouse gas emission reduction targets approved by the state
board.
(vi) For purposes of the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code), an alternative planning strategy shall not constitute a land
use plan, policy, or regulation, and the inconsistency of a project
with an alternative planning strategy shall not be a consideration in
determining whether a project may have an environmental effect.
(I) (i) Prior to starting the public participation process adopted
pursuant to subparagraph (E) of paragraph (2) of subdivision (b) of
Section 65080, the metropolitan planning organization shall submit a
description to the state board of the technical methodology it
intends to use to estimate the greenhouse gas emissions from its
sustainable communities strategy and, if appropriate, its alternative
planning strategy. The state board shall respond to the metropolitan
planning organization in a timely manner with written comments about
the technical methodology, including specifically describing any
aspects of that methodology it concludes will not yield accurate
estimates of greenhouse gas emissions, and suggested remedies. The
metropolitan planning organization is encouraged to work with the
state board until the state board concludes that the technical
methodology operates accurately.
(ii) After adoption, a metropolitan planning organization shall
submit a sustainable communities strategy or an alternative planning
strategy, if one has been adopted, to the state board for review,
including the quantification of the greenhouse gas emission
reductions the plan would achieve and a description of the technical
methodology used to obtain that result. Review by the state board
shall be limited to acceptance or rejection of the metropolitan
planning organization's determination that the strategy submitted
would, if implemented, achieve the greenhouse gas emission reduction
targets established by the state board. The state board shall
complete its review within 60 days.
(iii) If the state board determines that the strategy submitted
would not, if implemented, achieve the greenhouse gas emission
reduction targets, the metropolitan planning organization shall
revise its strategy or adopt an alternative planning strategy, if not
previously adopted, and submit the strategy for review pursuant to
clause (ii). At a minimum, the metropolitan planning organization
must obtain state board acceptance that an alternative planning
strategy would, if implemented, achieve the greenhouse gas emission
reduction targets established for that region by the state board.
(I) A
(J) Neither a sustainable
communities strategy does not regulate nor an
alternative planning strategy regulates the use of land,
nor shall it nor, except as provided by
subparagraph (I), shall either one be subject to any
stateapproval state approval . Nothing in a
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 shall be interpreted to authorize the abrogation of any
vested right whether created by statute or by common law. Nothing in
this section shall require a city's or county's land use policies and
regulations, including its general plan, to be consistent with the
regional transportation plan or an alternative planning
strategy. Nothing in this section requires an agency
a metropolitan planning organization 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.
(J) Projects programmed for funding on or before December 31,
2011, are not required to be consistent with the sustainable
communities strategy
(K) Nothing in this section requires projects programmed for
funding on or before December 31, 2011, to be subject to the
provisions of subparagraph (B) if they (i) are contained in the
2007 or 2009 Federal Statewide Transportation Improvement Program,
(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
2008 , approving a sales tax increase for transportation
projects. Nothing in this section shall require a transportation
sales tax authority to change the funding allocations
approved by the voters for categories of transportation projects in a
sales tax measure adopted prior to December 31, 2010. For purposes
of this subparagraph, a transportation sales tax authority is a
district, as defined in Section 7252 of the Revenue and Taxation
Code, that is authorized to impose a sales tax for transportation
purposes.
(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. The action element shall be consistent with the
sustainable communities strategy, except as provided in subparagraph
(J) of paragraph (2).
The 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) The metropolitan planning organization or county
transportation agency, whichever entity is appropriate, shall
consider financial incentives for cities and counties that have
resource areas or farmland, as defined Section 65080.01, for the
purposes of, for example, transportation investments for the
preservation and safety of the city street or county road system,
farm to market, and interconnectivity transportation needs. The
metropolitan planning organization or county transportation agency,
whichever entity is appropriate, shall also consider financial
assistance for service responsibilities for the residents in counties
that contribute towards the greenhouse gas emission reduction
targets by implementing policies for growth to occur within their
cities.
(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. 6. SEC. 5. 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 "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, areas of the state designated by the State Mining
and Geology Board as areas of statewide or regional significance
pursuant to Section 2790 of the Public Resources Code, 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 areas
containing biological resources as described in Appendix G of the
CEQA Guidelines that may be significantly affected by the
sustainable communities strategy or the alternative planning strategy
; 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" "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. outside all
existing city spheres of influence or city limits as of January 1,
2008, and is one of the following:
(1) Classified as prime or unique farmland or farmland of
statewide importance.
(2) Farmland classified by a local agency in its general plan that
meets or exceeds the standards for prime or unique farmland or
farmland of statewide importance.
(d)
(c) "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. 6. Section 65400 of the Government
Code is amended to read:
65400. (a) After the legislative body has adopted all or part of
a general plan, the planning agency shall do both of the following:
(1) Investigate and make recommendations to the legislative body
regarding reasonable and practical means for implementing the general
plan or element of the general plan, so that it will serve as an
effective guide for orderly growth and development, preservation and
conservation of open-space land and natural resources, and the
efficient expenditure of public funds relating to the subjects
addressed in the general plan.
(2) Provide by April 1 of each year an annual report to the
legislative body, the Office of Planning and Research, and the
Department of Housing and Community Development that includes all of
the following:
(A) The status of the plan and progress in its implementation.
(B) The progress in meeting its share of regional housing needs
determined pursuant to Section 65584 and local efforts to remove
governmental constraints to the maintenance, improvement, and
development of housing pursuant to paragraph (3) of subdivision (c)
of Section 65583.
The housing element portion of the annual report, as required by
this paragraph, shall be prepared through the use of forms and
definitions adopted by the Department of Housing and Community
Development pursuant to the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2). Prior to adoption of
the forms, the housing element portion of the annual report shall
include a section that describes the actions taken by the local
government towards completion of the programs and status of the local
government's compliance with the deadlines in its housing element.
That report shall be considered at a public meeting where members of
the public shall be allowed to provide oral testimony and written
comments.
(C) The degree to which its approved general plan complies with
the guidelines developed and adopted pursuant to Section 65040.2 and
the date of the last revision to the general plan.
(b) For the report to be filed during the 2006 calendar year, the
planning agency may provide the report required pursuant to paragraph
(2) of subdivision (a) by October 1, 2006.
(c) If a court finds, upon a motion to that effect, that a city,
county, or city and county failed to submit, within 60 days of the
deadline established in this section, the housing element portion of
the report required pursuant to subparagraph (B) of paragraph (2) of
subdivision (a) that substantially complies with the requirements of
this section, the court shall issue an order or judgment compelling
compliance with this section within 60 days. If the city, county, or
city and county fails to comply with the court's order within 60
days, the plaintiff or petitioner may move for sanctions, and the
court may, upon that motion, grant appropriate sanctions. The court
shall retain jurisdiction to ensure that its order or judgment is
carried out. If the court determines that its order or judgment is
not carried out within 60 days, the court may issue further orders as
provided by law to ensure that the purposes and policies of this
section are fulfilled. This subdivision applies to proceedings
initiated on or after the first day of October following the adoption
of forms and definitions by the Department of Housing and Community
Development pursuant to paragraph (2) of subdivision (a), but no
sooner than six months following that adoption.
SEC. 7. Section 65583 of the Government
Code is amended to read:
65583. The housing element shall consist of an identification and
analysis of existing and projected housing needs and a statement of
goals, policies, quantified objectives, financial resources, and
scheduled programs for the preservation, improvement, and development
of housing. The housing element shall identify adequate sites for
housing, including rental housing, factory-built housing,
mobilehomes, and emergency shelters, and shall make adequate
provision for the existing and projected needs of all economic
segments of the community. The element shall contain all of the
following:
(a) An assessment of housing needs and an inventory of resources
and constraints relevant to the meeting of these needs. The
assessment and inventory shall include all of the following:
(1) An analysis of population and employment trends and
documentation of projections and a quantification of the locality's
existing and projected housing needs for all income levels, including
extremely low income households, as defined in subdivision (b) of
Section 50105 and Section 50106 of the Health and Safety Code. These
existing and projected needs shall include the locality's share of
the regional housing need in accordance with Section 65584. Local
agencies shall calculate the subset of very low income households
allotted under Section 65584 that qualify as extremely low income
households. The local agency may either use available census data to
calculate the percentage of very low income households that qualify
as extremely low income households or presume that 50 percent of the
very low income households qualify as extremely low income
households. The number of extremely low income households and very
low income households shall equal the jurisdiction's allocation of
very low income households pursuant to Section 65584.
(2) An analysis and documentation of household characteristics,
including level of payment compared to ability to pay, housing
characteristics, including overcrowding, and housing stock condition.
(3) An inventory of land suitable for residential development,
including vacant sites and sites having potential for redevelopment,
and an analysis of the relationship of zoning and public facilities
and services to these sites.
(4) (A) The identification of a zone or zones where emergency
shelters are allowed as a permitted use without a conditional use or
other discretionary permit. The identified zone or zones shall
include sufficient capacity to accommodate the need for emergency
shelter identified in paragraph (7), except that each local
government shall identify a zone or zones that can accommodate at
least one year-round emergency shelter. If the local government
cannot identify a zone or zones with sufficient capacity, the local
government shall include a program to amend its zoning ordinance to
meet the requirements of this paragraph within one year of the
adoption of the housing element. The local government may identify
additional zones where emergency shelters are permitted with a
conditional use permit. The local government shall also demonstrate
that existing or proposed permit processing, development, and
management standards are objective and encourage and facilitate the
development of, or conversion to, emergency shelters. Emergency
shelters may only be subject to those development and management
standards that apply to residential or commercial development within
the same zone except that a local government may apply written,
objective standards that include all of the following:
(i) The maximum number of beds or persons permitted to be served
nightly by the facility.
(ii) Off-street parking based upon demonstrated need, provided
that the standards do not require more parking for emergency shelters
than for other residential or commercial uses within the same zone.
(iii) The size and location of exterior and interior onsite
waiting and client intake areas.
(iv) The provision of onsite management.
(v) The proximity to other emergency shelters, provided that
emergency shelters are not required to be more than 300 feet apart.
(vi)
The length of stay.
(vii) Lighting.
(viii) Security during hours that the emergency shelter is in
operation.
(B) The permit processing, development, and management standards
applied under this paragraph shall not be deemed to be discretionary
acts within the meaning of the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code).
(C) A local government that can demonstrate to the satisfaction of
the department the existence of one or more emergency shelters
either within its jurisdiction or pursuant to a multijurisdictional
agreement that can accommodate that jurisdiction's need for emergency
shelter identified in paragraph (7) may comply with the zoning
requirements of subparagraph (A) by identifying a zone or zones where
new emergency shelters are allowed with a conditional use permit.
(D) A local government with an existing ordinance or ordinances
that comply with this paragraph shall not be required to take
additional action to identify zones for emergency shelters. The
housing element must only describe how existing ordinances, policies,
and standards are consistent with the requirements of this
paragraph.
(5) An analysis of potential and actual governmental constraints
upon the maintenance, improvement, or development of housing for all
income levels, including the types of housing identified in paragraph
(1) of subdivision (c), and for persons with disabilities as
identified in the analysis pursuant to paragraph (6)
(7) , including land use controls, building
codes and their enforcement, site improvements, fees and other
exactions required of developers, and local processing and permit
procedures. The analysis shall also demonstrate local efforts to
remove governmental constraints that hinder the locality from meeting
its share of the regional housing need in accordance with Section
65584 and from meeting the need for housing for persons with
disabilities, supportive housing, transitional housing, and emergency
shelters identified pursuant to paragraph (6). Transitional housing
and supportive housing shall be considered a residential use of
property, and shall be subject only to those restrictions that apply
to other residential dwellings of the same type in the same zone.
(6) An analysis of potential and actual nongovernmental
constraints upon the maintenance, improvement, or development of
housing for all income levels, including the availability of
financing, the price of land, and the cost of construction.
(7) An analysis of any special housing needs, such as those of the
elderly, persons with disabilities, large families, farmworkers,
families with female heads of households, and families and persons in
need of emergency shelter. The need for emergency shelter shall be
assessed based on annual and seasonal need. The need for emergency
shelter may be reduced by the number of supportive housing units that
are identified in an adopted 10-year plan to end chronic
homelessness and that are either vacant or for which funding has been
identified to allow construction during the planning period.
(8) An analysis of opportunities for energy conservation with
respect to residential development.
(9) An analysis of existing assisted housing developments that are
eligible to change from low-income housing uses during the next 10
years due to termination of subsidy contracts, mortgage prepayment,
or expiration of restrictions on use. "Assisted housing developments,"
for the purpose of this section, shall mean multifamily rental
housing that receives governmental assistance under federal programs
listed in subdivision (a) of Section 65863.10, state and local
multifamily revenue bond programs, local redevelopment programs, the
federal Community Development Block Grant Program, or local in-lieu
fees. "Assisted housing developments" shall also include multifamily
rental units that were developed pursuant to a local inclusionary
housing program or used to qualify for a density bonus pursuant to
Section 65916.
(A) The analysis shall include a listing of each development by
project name and address, the type of governmental assistance
received, the earliest possible date of change from low-income use
and the total number of elderly and nonelderly units that could be
lost from the locality's low-income housing stock in each year during
the 10-year period. For purposes of state and federally funded
projects, the analysis required by this subparagraph need only
contain information available on a statewide basis.
(B) The analysis shall estimate the total cost of producing new
rental housing that is comparable in size and rent levels, to replace
the units that could change from low-income use, and an estimated
cost of preserving the assisted housing developments. This cost
analysis for replacement housing may be done aggregately for each
five-year period and does not have to contain a project-by-project
cost estimate.
(C) The analysis shall identify public and private nonprofit
corporations known to the local government which have legal and
managerial capacity to acquire and manage these housing developments.
(D) The analysis shall identify and consider the use of all
federal, state, and local financing and subsidy programs which can be
used to preserve, for lower income households, the assisted housing
developments, identified in this paragraph, including, but not
limited to, federal Community Development Block Grant Program funds,
tax increment funds received by a redevelopment agency of the
community, and administrative fees received by a housing authority
operating within the community. In considering the use of these
financing and subsidy programs, the analysis shall identify the
amounts of funds under each available program which have not been
legally obligated for other purposes and which could be available for
use in preserving assisted housing developments.
(b) (1) A statement of the community's goals, quantified
objectives, and policies relative to the maintenance, preservation,
improvement, and development of housing.
(2) It is recognized that the total housing needs identified
pursuant to subdivision (a) may exceed available resources and the
community's ability to satisfy this need within the content of the
general plan requirements outlined in Article 5 (commencing with
Section 65300). Under these circumstances, the quantified objectives
need not be identical to the total housing needs. The quantified
objectives shall establish the maximum number of housing units by
income category, including extremely low income, that can be
constructed, rehabilitated, and conserved over a five-year time
period.
(c) A program which sets forth a five-year
an eight-year schedule of actions , each with
a timeline for implementation, which may recognize that certain
programs are ongoing, such that there will be beneficial impacts of
the programs within the planning period, that the local
government is undertaking or intends to will
undertake to implement the policies and achieve the goals and
objectives of the housing element through the administration of land
use and development controls, the provision of regulatory concessions
and incentives, and the utilization of appropriate federal and state
financing and subsidy programs when available and the utilization of
moneys in a low- and moderate-income housing fund of an agency if
the locality has established a redevelopment project area pursuant to
the Community Redevelopment Law (Division 24 (commencing with
Section 33000) of the Health and Safety Code). In order to make
adequate provision for the housing needs of all economic segments of
the community, the program shall do all of the following:
(1) Identify actions that will be taken to make sites available
during the planning period of the general plan with appropriate
zoning and development standards and with services and facilities to
accommodate that portion of the city's or county's share of the
regional housing need for each income level that could not be
accommodated on sites identified in the inventory completed pursuant
to paragraph (3) of subdivision (a) without rezoning, and to comply
with the requirements of Section 65584.09. Sites shall be identified
as needed to facilitate and encourage the development of a variety of
types of housing for all income levels, including multifamily rental
housing, factory-built housing, mobilehomes, housing for
agricultural employees, supportive housing, single-room occupancy
units, emergency shelters, and transitional housing.
(A) Where the inventory of sites, pursuant to paragraph (3) of
subdivision (a), does not identify adequate sites to accommodate the
need for groups of all household income levels pursuant to Section
65584, the program shall identify sites that can be developed for
housing within the planning period pursuant to subdivision (h) of
Section 65583.2. The identification of sites shall include all
components specified in subdivision (b) of Section 65583.2. Rezoning
of those sites, including adoption of minimum density and development
standards, shall be completed no later than three years after either
the date the housing element is adopted pursuant to subdivision (f)
of Section 65585 or the date that is 90 days
after receipt of comments from the department pursuant to subdivision
(b) of Section 65585, whichever is earlier, unless this deadline is
extended pursuant to subdivision (f). Within 30 days following the
deadline established in this subparagraph, the local government shall
hold a noticed public hearing to identify and discuss the actions
the local government has taken to comply with the requirements of
this subparagraph.
(B) Where the inventory of sites pursuant to paragraph (3) of
subdivision (a) does not identify adequate sites to accommodate the
need for farmworker housing, the program shall provide for sufficient
sites to meet the need with zoning that permits farmworker housing
use by right, including density and development standards that could
accommodate and facilitate the feasibility of the development of
farmworker housing for low- and very low income households.
(2) Assist in the development of adequate housing to meet the
needs of extremely low, very low, low-, and moderate-income
households.
(3) Address and, where appropriate and legally possible, remove
governmental constraints to the maintenance, improvement, and
development of housing, including housing for all income levels and
housing for persons with disabilities. The program shall remove
constraints to, and provide reasonable accommodations for housing
designed for, intended for occupancy by, or with supportive services
for, persons with disabilities.
(4) Conserve and improve the condition of the existing affordable
housing stock, which may include addressing ways to mitigate the loss
of dwelling units demolished by public or private action.
(5) Promote housing opportunities for all persons regardless of
race, religion, sex, marital status, ancestry, national origin,
color, familial status, or disability.
(6) Preserve for lower income households the assisted housing
developments identified pursuant to paragraph (9) of subdivision (a).
The program for preservation of the assisted housing developments
shall utilize, to the extent necessary, all available federal, state,
and local financing and subsidy programs identified in paragraph (9)
of subdivision (a), except where a community has other urgent needs
for which alternative funding sources are not available. The program
may include strategies that involve local regulation and technical
assistance.
(7) The program shall include an identification of the agencies
and officials responsible for the implementation of the various
actions and the means by which consistency will be achieved with
other general plan elements and community goals. The local government
shall make a diligent effort to achieve public participation of all
economic segments of the community in the development of the housing
element, and the program shall describe this effort.
(d) (1) A local government may satisfy all or part of its
requirement to identify a zone or zones suitable for the development
of emergency shelters pursuant to paragraph (4) of subdivision (a) by
adopting and implementing a multijurisdictional agreement, with a
maximum of two other adjacent communities, that requires the
participating jurisdictions to develop at least one year-round
emergency shelter within two years of the beginning of the planning
period.
(2) The agreement shall allocate a portion of the new shelter
capacity to each jurisdiction as credit towards its emergency shelter
need, and each jurisdiction shall describe how the capacity was
allocated as part of its housing element.
(3) Each member jurisdiction of a multijurisdictional agreement
shall describe in its housing element all of the following:
(A) How the joint facility will meet the jurisdiction's emergency
shelter need.
(B) The jurisdiction's contribution to the facility for both the
development and ongoing operation and management of the facility.
(C) The amount and source of the funding that the jurisdiction
contributes to the facility.
(4) The aggregate capacity claimed by the participating
jurisdictions in their housing elements shall not exceed the actual
capacity of the shelter.
(e) Except as otherwise provided in this article, amendments to
this article that alter the required content of a housing element
shall apply to both of the following:
(1) A housing element or housing element amendment prepared
pursuant to subdivision (e) of Section 65588 or Section 65584.02,
when a city, county, or city and county submits a draft to the
department for review pursuant to Section 65585 more than 90 days
after the effective date of the amendment to this section.
(2) Any housing element or housing element amendment prepared
pursuant to subdivision (e) of Section 65588 or Section 65584.02,
when the city, county, or city and county fails to submit the first
draft to the department before the due date specified in Section
65588 or 65584.02.
(f) The deadline for completing required rezoning pursuant to
subparagraph (A) of paragraph (1) of subdivision (c) shall be
extended by one year if the local government has completed the
rezoning of at least 75 percent of the sites for each income group
and if the legislative body at the conclusion of a public hearing
determines, based upon substantial evidence, that any of the
following circumstances exist:
(1) The local government has been unable to complete the rezoning
because of the action or inaction beyond the control of the local
government of any other state federal or local agency.
(2) The local government is unable to complete the rezoning
because of infrastructure deficiencies due to fiscal or regulatory
constraints.
(3) The local government must undertake a major revision to its
general plan in order to accommodate the housing related policies of
a sustainable communities strategy or an alternative planning
strategy adopted pursuant to Section 65080.
The resolution and the findings shall be transmitted to the
department together with a detailed budget and schedule for
preparation and adoption of the required rezonings, including plans
for citizen participation and expected interim action. The schedule
shall provide for adoption of the required rezoning within one year
of the adoption of the resolution.
(g) (1) If a local government fails to complete the rezoning by
the deadline provided in subparagraph (A) of paragraph (1) of
subdivision (c), as it may be extended pursuant to subdivision (f),
except as provided in paragraph (2), a local government may not
disapprove a housing development project, nor require a conditional
use permit, planned unit development permit, or other locally imposed
discretionary permit or condition that would render the project
infeasible, if the housing development project (A) is proposed to be
located on a site required to be rezoned pursuant to the program
required by that subparagraph; and (B) complies with applicable,
objective general plan and zoning standards and criteria, including
design review standards, described in the program required by that
subparagraph. Any subdivision of sites shall be subject to the
Subdivision Map Act. Design review shall not constitute a "project"
for purposes of Division 13 (commencing with Section 21000) of the
Public Resources Code.
(2) A local government may disapprove a housing development
described in paragraph (1) if it makes written findings supported by
substantial evidence on the record that both of the following
conditions exist:
(A) The housing development project would have a specific, adverse
impact upon the public health or safety unless the project is
disapproved or approved upon the condition that the project be
developed at a lower density. As used in this paragraph, a "specific,
adverse impact" means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public
health or safety standards, policies, or conditions as they existed
on the date the application was deemed complete.
(B) There is no feasible method to satisfactorily mitigate or
avoid the adverse impact identified pursuant to paragraph (1), other
than the disapproval of the housing development project or the
approval of the project upon the condition that it be developed at a
lower density.
(3) The applicant or any interested person may bring an action to
enforce this subparagraph. If a court finds that the local agency
disapproved a project or conditioned its approval in violation of
this paragraph, the court shall issue an order or judgment compelling
compliance within 60 days. The court shall retain jurisdiction to
ensure that its order or judgment is carried out. If the court
determines that its order or judgment has not been carried out within
60 days, the court may issue further orders to ensure that the
purposes and policies of this paragraph are fulfilled.
(4) For purposes of this subdivision, "housing development project"
means a project to construct residential units if the project
developer provides sufficient legal commitments to the appropriate
local agency to ensure the continued availability and use of at least
49 percent of the housing units for very low, low-, and
moderate-income households at monthly housing costs with an
affordable housing cost or affordable rent, as defined in Section
50052.5 or 50053 of the Health and Safety Code, respectively, for the
period required by the applicable financing. 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.
SEC. 7. SEC. 8. 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.
(F) The relationship between jobs and housing, including any
imbalance between jobs and housing.
(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) (F) ,
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. 9. Section 65584.02 of the
Government Code is amended to read:
65584.02. (a) For the fourth and subsequent revisions of the
housing element pursuant to Section 65588, the existing and projected
need for housing may be determined for each region by the department
as follows, as an alternative to the process pursuant to Section
65584.01:
(1) In a region in which at least one subregion has accepted
delegated authority pursuant to Section 65584.03, the region's
housing need shall be determined at least 26 months prior to the
housing element update deadline pursuant to Section 65588. In a
region in which no subregion has accepted delegation pursuant to
Section 65584.03, the region's housing need shall be determined at
least 24 months prior to the housing element deadline.
(2) At least six months prior to the department's determination of
regional housing need pursuant to paragraph (1), a council of
governments may request the use of population and household forecast
assumptions used in the regional transportation plan. For a
housing element update due date pursuant to Section 65588 that is
prior to January 2007, the department may approve a request that is
submitted prior to December 31, 2004, notwithstanding the deadline in
this paragraph. This request shall include all of the
following:
(A) Proposed data and
assumptions for factors contributing to housing need beyond household
growth identified in the forecast. These factors shall include
allowance for vacant or replacement units, and may include other
adjustment factors.
(B) A proposed planning period that is not longer than the period
of time covered by the regional transportation improvement plan or
plans of the region pursuant to Section 14527, but a period not less
than five years, and not longer than six years.
(C) A comparison between the population and household assumptions
used for the Regional Transportation Plan with population and
household estimates and projections of the Department of Finance.
The council of governments may include a request to extend the
housing element deadline pursuant to Section 65588 to a date not to
exceed two years, for the purpose of coordination with the scheduled
update of a regional transportation plan pursuant to federal law.
(b) The department shall consult with the council of governments
regarding requests submitted pursuant to paragraph (2) of subdivision
(a). The department may seek advice and consult with the Demographic
Research Unit of the Department of Finance, the State Department of
Transportation, a representative of a contiguous council of
governments, and any other party as deemed necessary. The department
may request that the council of governments revise data, assumptions,
or methodology to be used for the determination of regional housing
need, or may reject the request submitted pursuant to paragraph (2)
of subdivision (a). Subsequent to consultation with the council of
governments, the department will respond in writing to requests
submitted pursuant to paragraph (1) of subdivision (a).
(c) If the council of governments does not submit a request
pursuant to subdivision (a), or if the department rejects the request
of the council of governments, the determination for the region
shall be made pursuant to Sections 65584 and 65584.01.
SEC. 10. Section 65584.04 of the
Government Code is amended to read:
65584.04. (a) At least two years prior to a scheduled revision
required by Section 65588, each council of governments, or delegate
subregion as applicable, shall develop a proposed methodology for
distributing the existing and projected regional housing need to
cities, counties, and cities and counties within the region or within
the subregion, where applicable pursuant to this section. The
methodology shall be consistent with the objectives listed in
subdivision (d) of Section 65584.
(b) (1) No more than six months prior to the development of a
proposed methodology for distributing the existing and projected
housing need, each council of governments shall survey each of its
member jurisdictions to request, at a minimum, information regarding
the factors listed in subdivision (d) that will allow the development
of a methodology based upon the factors established in subdivision
(d).
(2) The council of governments shall seek to obtain the
information in a manner and format that is comparable throughout the
region and utilize readily available data to the extent possible.
(3) The information provided by a local government pursuant to
this section shall be used, to the extent possible, by the council of
governments, or delegate subregion as applicable, as source
information for the methodology developed pursuant to this section.
The survey shall state that none of the information received may be
used as a basis for reducing the total housing need established for
the region pursuant to Section 65584.01.
(4) If the council of governments fails to conduct a survey
pursuant to this subdivision, a city, county, or city and county may
submit information related to the items listed in subdivision (d)
prior to the public comment period provided for in subdivision (c).
(c) Public participation and access shall be required in the
development of the methodology and in the process of drafting and
adoption of the allocation of the regional housing needs.
Participation by organizations other than local jurisdictions and
councils of governments shall be solicited in a diligent effort to
achieve public participation of all economic segments of the
community. The proposed methodology, along with any relevant
underlying data and assumptions, and an explanation of how
information about local government conditions gathered pursuant to
subdivision (b) has been used to develop the proposed methodology,
and how each of the factors listed in subdivision (d) is incorporated
into the methodology, shall be distributed to all cities, counties,
any subregions, and members of the public who have made a written
request for the proposed methodology. The council of governments, or
delegate subregion, as applicable, shall conduct at least one public
hearing to receive oral and written comments on the proposed
methodology.
(d) To the extent that sufficient data is available from local
governments pursuant to subdivision (b) or other sources, each
council of governments, or delegate subregion as applicable, shall
include the following factors to develop the methodology that
allocates regional housing needs:
(1) Each member jurisdiction's existing and projected jobs and
housing relationship.
(2) The opportunities and constraints to development of additional
housing in each member jurisdiction, including all of the following:
(A) Lack of capacity for sewer or water service due to federal or
state laws, regulations or regulatory actions, or supply and
distribution decisions made by a sewer or water service provider
other than the local jurisdiction that preclude the jurisdiction from
providing necessary infrastructure for additional development during
the planning period.
(B) The availability of land suitable for urban development or for
conversion to residential use, the availability of underutilized
land, and opportunities for infill development and increased
residential densities. The council of governments may not limit its
consideration of suitable housing sites or land suitable for urban
development to existing zoning ordinances and land use restrictions
of a locality, but shall consider the potential for increased
residential development under alternative zoning ordinances and land
use restrictions. The determination of available land suitable for
urban development may exclude lands where the Federal Emergency
Management Agency (FEMA) or the Department of Water Resources has
determined that the flood management infrastructure designed to
protect that land is not adequate to avoid the risk of flooding.
(C) Lands preserved or protected from urban development under
existing federal or state programs, or both, designed to protect open
space, farmland, environmental habitats, and natural resources on a
long-term basis.
(D) County policies to preserve prime agricultural land, as
defined pursuant to Section 56064, within an unincorporated area.
(3) The distribution of household growth assumed for purposes of a
comparable period of regional transportation plans and opportunities
to maximize the use of public transportation and existing
transportation infrastructure.
(4) The market demand for housing.
(5) Agreements between a county and cities in a county to direct
growth toward incorporated areas of the county.
(6) The loss of units contained in assisted housing developments,
as defined in paragraph (8) (9) of
subdivision (a) of Section 65583, that changed to non-low-income use
through mortgage prepayment, subsidy contract expirations, or
termination of use restrictions.
(7) High-housing cost burdens.
(8) The housing needs of farmworkers.
(9) The housing needs generated by the presence of a private
university or a campus of the California State University or the
University of California within any member jurisdiction.
(10) Any other factors adopted by the council of governments.
(e) The council of governments, or delegate subregion, as
applicable, shall explain in writing how each of the factors
described in subdivision (d) was incorporated into the methodology
and how the methodology is consistent with subdivision (d) of Section
65584. The methodology may include numerical weighting.
(f) Any ordinance, policy, voter-approved measure, or standard of
a city or county that directly or indirectly limits the number of
residential building permits issued by a city or county shall not be
a justification for a determination or a reduction in the share of a
city or county of the regional housing need.
(g) In addition to the factors identified pursuant to subdivision
(d), the council of governments, or delegate subregion, as
applicable, shall identify any existing local, regional, or state
incentives, such as a priority for funding or other incentives
available to those local governments that are willing to accept a
higher share than proposed in the draft allocation to those local
governments by the council of governments or delegate subregion
pursuant to Section 65584.05.
(h) Following the conclusion of the 60-day public comment period
described in subdivision (c) on the proposed allocation methodology,
and after making any revisions deemed appropriate by the council of
governments, or delegate subregion, as applicable, as a result of
comments received during the public comment period, each council of
governments, or delegate subregion, as applicable, shall adopt a
final regional, or subregional, housing need allocation methodology
and provide notice of the adoption of the methodology to the
jurisdictions within the region, or delegate subregion as applicable,
and to the department.
(i) (1) It is the intent of the Legislature that housing planning
be coordinated and integrated with the regional transportation plan.
To achieve this goal, the allocation plan shall allocate housing
units within the region consistent with the development pattern
included in the sustainable communities strategy.
(2) The final allocation plan shall ensure that the total regional
housing need, by income category, as determined under Section 65584,
is maintained, and that each jurisdiction in the region receive an
allocation of units for low- and very low income households.
(3) The resolution approving the final housing need allocation
plan shall demonstrate that the plan is consistent with the
sustainable communities strategy in the regional transportation plan.
SEC. 11. Section 65587 of the
Government Code is amended to read:
65587. (a) Each city, county, or city and county shall bring its
housing element, as required by subdivision (c) of Section 65302,
into conformity with the requirements of this article on or before
October 1, 1981, and the deadlines set by Section 65588. Except as
specifically provided in subdivision (b) of Section 65361, the
Director of Planning and Research shall not grant an extension of
time from these requirements.
(b) Any action brought by any interested party to review the
conformity with the provisions of this article of any housing element
or portion thereof or revision thereto shall be brought pursuant to
Section 1085 of the Code of Civil Procedure; the court's review of
compliance with the provisions of this article shall extend to
whether the housing element or portion thereof or revision thereto
substantially complies with the requirements of this article.
(c) If a court finds that an action of a city, county, or city and
county, which is required to be consistent with its general plan,
does not comply with its housing element, the city, county, or city
and county shall bring its action into compliance within 60 days.
However, the court shall retain jurisdiction throughout the period
for compliance to enforce its decision. Upon the court's
determination that the 60-day period for compliance would place an
undue hardship on the city, county, or city and county, the court may
extend the time period for compliance by an additional 60 days.
(d) (1) If a court finds that a city, county, or city and county
failed to complete the rezoning required by subparagraph (A) of
paragraph (1) of subdivision (c) of Section 65583, as that deadline
may be modified by the extension provided for in subdivision (f) of
that section, the court shall issue an order or judgment compelling
the local government to complete the rezoning within 60 days or the
earliest time consistent with public hearing notice requirements and
the overall equities of the circumstances. The court shall retain
jurisdiction to ensure that its order or judgment is carried out. If
the court determines that its order or judgment is not carried out,
the court shall issue further orders to ensure that the purposes and
policies of this article are fulfilled, including ordering that any
rezoning required by subparagraph (A) of paragraph (1) of subdivision
(c) of Section 65583 be completed within 60 days or the earliest
time consistent with public hearing notice requirements and may
impose sanctions on the city, county, or city and county, taking into
account the overall equities of the circumstances.
(2) Any interested person may bring an action to compel compliance
with the deadlines and requirements of subparagraph (A) of paragraph
(1) of subdivision (c) of Section 65583. The action shall be brought
pursuant to Section 1085 of the Code of Civil Procedure and the
notice and accrual provisions of subdivision (d) of Section 65009. In
any such action, the city, county, or city and county shall bear the
burden of proof.
SEC. 12. Section 65588 of the
Government Code is amended to read:
65588. (a) Each local government shall review its housing element
as frequently as appropriate to evaluate all of the following:
(1) The appropriateness of the housing goals, objectives, and
policies in contributing to the attainment of the state housing goal.
(2) The effectiveness of the housing element in attainment of the
community's housing goals and objectives.
(3) The progress of the city, county, or city and county in
implementation of the housing element.
(b) The housing element shall be revised as appropriate, but not
less than every five eight years, to
reflect the results of this periodic review , except that a
local government that does not adopt a housing element within 90 days
after receipt of comments from the department pursuant to
subdivision (b) of Section 65585 or the date the legislative body
takes action pursuant to subdivision (f) of Section 65585, whichever
is earlier, shall revise its housing element, as appropriate, but not
less than every four years .
(c) The review and revision of housing elements required by this
section shall take into account any low- or moderate-income housing
provided or required pursuant to Section 65590.
(d) The review pursuant to subdivision (c) shall include, but need
not be limited to, the following:
(1) The number of new housing units approved for construction
within the coastal zone after January 1, 1982.
(2) The number of housing units for persons and families of low or
moderate income, as defined in Section 50093 of the Health and
Safety Code, required to be provided in new housing developments
either within the coastal zone or within three miles of the coastal
zone pursuant to Section 65590.
(3) The number of existing residential dwelling units occupied by
persons and families of low or moderate income, as defined in Section
50093 of the Health and Safety Code, that have been authorized to be
demolished or converted since January 1, 1982, in the coastal zone.
(4) The number of residential dwelling units for persons and
families of low or moderate income, as defined in Section 50093 of
the Health and Safety Code, that have been required for replacement
or authorized to be converted or demolished as identified in
paragraph (3). The location of the replacement units, either onsite,
elsewhere within the locality's jurisdiction within the coastal zone,
or within three miles of the coastal zone within the locality's
jurisdiction, shall be designated in the review.
(e) Notwithstanding subdivision (b) or the date of adoption of the
housing elements previously in existence, each city, county, and
city and county shall revise its housing element according to the
following schedule:
(1) Local governments within the regional jurisdiction of the
Southern California Association of Governments: June 30, 2006, for
the fourth revision.
(2) Local governments within the regional jurisdiction of the
Association of Bay Area Governments: June 30, 2007, for the fourth
revision.
(3) Local governments within the regional jurisdiction of the
Council of Fresno County Governments, the Kern County Council of
Governments, and the Sacramento Area Council of Governments: June 30,
2002, for the third revision, and June 30, 2008, for the fourth
revision.
(4) Local governments within the regional jurisdiction of the
Association of Monterey Bay Area Governments: December 31, 2002, for
the third revision, and June 30, 2009, for the fourth revision.
(5) Local governments within the regional jurisdiction of the San
Diego Association of Governments: June 30, 2005, for the fourth
revision.
(6) All other local governments: December 31, 2003, for the third
revision, and June 30, 2009, for the fourth revision.
(7) Subsequent Except as provided in
subdivision (b), subsequent revisions shall be completed not
less often than at five-year eight-year
intervals following the fourth revision in conjunction with the
development of the regional transportation plan pursuant to Section
65080 .
SEC. 8. SEC. 13. 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:
(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.
(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. 10. SEC. 14. 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 SUSTAINABLE COMMUNITIES
STRATEGY
21155. (a) This chapter applies only within a local jurisdiction
that has amended its general plan so that the land use, housing, and
open-space elements of the general plan are substantially consistent
with the sustainable communities strategy, as modified by a
supplement, if any, most recently adopted by the 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, housing, and
open-space elements of the general plan are substantially consistent
with 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 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.
(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. (a) Except for Section 21155.3, this chapter applies only
to a transit priority project that is consistent with the general use
designation, density, building intensity, and applicable policies
specified for the project area in either a sustainable communities
strategy or an alternative planning strategy, for which the State Air
Resources Board, pursuant to subparagraph (H) of paragraph (2) of
subdivision (b) of Section 65080 of the Government Code, has accepted
a metropolitan planning organization's determination that the
sustainable communities strategy or the alternative planning strategy
would, if implemented, achieve the greenhouse gas emission reduction
targets.
(b) For purposes of this chapter, a transit priority project shall
(1) contain at least 50 percent residential use, based on total
building square footage and, if the project contains between 26
percent and 50 percent nonresidential uses, a floor area ratio of not
less than 0.75; (2) provide a minimum net density of at least 20
dwelling units per acre; and (3) be within one-half mile of an
existing or planned major transit stop or high-quality transit
corridor as set forth in the applicable regional transportation plan.
A major transit stop is as defined in Section 21064.3, except that,
for purposes of this section, it also includes major transit stops
that are planned in the applicable regional transportation plan. For
purposes of this section, a high-quality transit corridor means a
corridor with fixed route bus service with, at most, 15-minute
service intervals during peak commute hours.
A project shall be considered to be within one-half
mile of a major transit stop or high-quality transit corridor if a
predominant portion of the entire project site is within one-half
mile of the stop or corridor.
21155.1. If the legislative body finds, after conducting a public
hearing, that a transit priority project meets all of the
requirements of subdivisions (a) and (b) and one of the requirements
of subdivision (c), the transit priority project is
declared to be a sustainable communities project and shall
not be subject to any other provisions of be exempt
from this division.
(a) The transit priority project complies with all of
the following environmental criteria:
(1) The transit priority project and other projects
approved prior to the approval of the transit priority
project but not yet built can be adequately served by existing
utilities, and the transit priority project applicant has
paid, or has committed to pay, all applicable in-lieu or development
fees.
(2) (A) The site of the transit priority project does
not contain wetlands or riparian areas and does not have significant
value as a wildlife habitat, and the transit priority
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 transit priority 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 transit priority 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 transit priority project does not have a
significant effect on historical resources pursuant to Section
21084.1.
(6) The transit priority 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 transit priority 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 transit priority project will
comply with all green building standards required by the local
jurisdiction.
(b) The transit priority 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)
(1) The site of the transit priority project
is not more than eight acres in total area.
(4) The
(2) The transit priority 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
(3) The transit priority project
does not result in any net loss in the number of affordable housing
units within the project area.
(7) The
(4) The transit priority project
does not include any single level building that exceeds 75,000 square
feet.
(8) The project is consistent with the general plan.
(9)
(5) 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 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 transit
priority project.
(10) The
(6) The transit priority project
is determined not to conflict with nearby operating industrial uses.
(c) The transit priority project meets at least one of
the following four three criteria:
(1) The transit priority 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 transit priority 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 with an
affordable housing cost or affordable rent, as defined in Section
50052.5 or 50053 of the Health and Safety Code, respectively, for the
period required by the applicable financing . 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 transit priority 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
(3) The transit priority project
provides public open space equal to or greater than five acres per
1,000 residents of the project.
21155.2. (a) A transit priority 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
alternative planning strategy, if applicable .
(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
transit priority 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 transit priority 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 transit priority
project, other than those which do not need to be reviewed pursuant
to Section 21159.28 based on substantial evidence in light of the
whole record . The initial study also 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
alternative planning strategy, if any .
(2) The sustainable communities environmental assessment shall
contain measures that substantially lessen
either avoid or mitigate to a level of insignificance
or avoid all project-specific all potentially
significant or significant impacts of the project required
to be identified in the initial study .
(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 impacts required to be
identified in the initial study have been identified and
analyzed.
(B) With respect to each significant project-specific
impact on the environment impact on the environment
required to be identified in the initial study , either of the
following apply:
(i) Changes or alterations have been required in or incorporated
into the project that avoid or substantially lessen
mitigate 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 decision
to review and approve a transit priority project with
a sustainable communities environmental assessment shall be
reviewed under the substantial evidence standard.
(c) A transit priority 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 significant or potentially
significant impacts of the transit priority project other than those
that do not need to be reviewed pursuant to Section 21159.28 based
upon substantial evidence in light of the whole record. The initial
study also 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
alternative planning strategy, if any .
(2) An environmental impact report prepared pursuant to this
subdivision need only address the significant or potentially
significant impacts of the transit priority project
on the environment identified pursuant to paragraph (1). It is
not required to analyze off-site alternatives to the transit
priority 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) transit
priority 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 substantially lessen mitigate
the traffic impacts of those future transit
priority 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)
(b) (1) A transit
priority project 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)
(c) The legislative body shall review its traffic
mitigation measures and update them as needed at least every five
years.
SEC. 11. The Legislature finds that there is no
mandate contained in this act that will result in costs incurred by
a local agency or school district for a new program or higher level
of service which require reimbursement pursuant to Section 6 of
Article XIII B of the California Constitution and Part 7 (commencing
with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 15. Section 21159.28 is added to the
Public Resources Code , to read:
21159.28. (a) If a residential or mixed-use residential project
is consistent with the use designation, density, building intensity,
and applicable policies specified for the project area in either a
sustainable communities strategy or an alternative planning strategy,
for which the State Air Resources Board pursuant to subparagraph (J)
of paragraph (2) of subdivision (b) of Section 65080 of the
Government Code has accepted the metropolitan planning organization's
determination that the sustainable communities strategy or the
alternative planning strategy would, if implemented, achieve the
greenhouse gas emission reduction targets and if the project
incorporates the mitigation measures required by an applicable prior
environmental document, then any findings or other determinations for
an exemption, a negative declaration, a mitigated negative
declaration, an environmental impact report, or addenda prepared or
adopted for the project pursuant to this division shall not be
required to reference, describe, or discuss (1) growth inducing
impacts; or (2) any project specific or cumulative impacts from cars
and light-duty truck trips generated by the project on global warming
or the regional transportation network.
(b) Any environmental impact report prepared for a project
described in subdivision (a) shall not be required to reference,
describe, or discuss a reduced residential density alternative to
address the effects of car and light-duty truck trips generated by
the project.
(c) "Regional transportation network," for purposes of this
section, means all existing and proposed transportation improvements
that were included in the transportation and air quality conformity
modeling, including congestion modeling, for the final regional
transportation plan adopted by the metropolitan planning
organization, but shall not include local streets and roads. Nothing
in the foregoing relieves any project from a requirement to comply
with any conditions, exactions, or fees for the mitigation of the
project's impacts on the regional transportation network or local
streets and roads.
(d) A residential or mixed-use residential project is a project
where at least 75 percent of the total building square footage of the
project consists of residential use or a project that is a transit
priority project as defined in Section 21155.
SEC. 16. 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.