BILL NUMBER: SB 375 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 18, 2008
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
( Coauthor: Senator Ducheny
)
(Coauthors: Assembly Members Jones and DeSaulnier)
FEBRUARY 21, 2007
An act to amend Sections 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 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 to maintain guidelines for
travel demand models used in the development of regional
transportation plans by 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
regions of the state with a metropolitan planning organization to
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 metropolitan
planning organizations, to provide each affected region with
greenhouse gas emission reduction targets for the automobile and
light truck sector for 2020 and 2035 by January 1, 2011
September 30, 2010 , and to
appoint a Regional Targets Advisory Committee to recommend factors
and methodologies for setting those targets , and to
update those targets every 8 years . The bill would require
certain transportation planning and programming activities by the
metropolitan planning 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
emission reduction targets, the bill would require
affected metropolitan planning organizations to prepare an
alternative planning strategy to the sustainable communities strategy
showing how the targets would be achieved through alternative
development patterns, infrastructure, or additional transportation
measures or policies. The bill would 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 instead require the program to
8 years set forth a schedule of actions
during the planning period, as defined , 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 for those local governments that are located
within a region covered by a metropolitan planning organization in a
nonattainment region or by a metropolitan planning organization or
regional transportation planning agency that meets certain
requirements. The bill would also provide that, in
certain cases in which , the time
period would be reduced to 4 years or other periods, as
specified .
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.
(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 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 transit
priority projects. The bill would exempt a 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.
(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. According to the
State Air Resources Board, in 1990 greenhouse gas emissions from
automobiles and light trucks were 108 million metric tons, but by
2004 these emissions had increased to 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 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 by requiring metropolitan
planning organizations to develop and incorporate 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 maintain guidelines for travel demand
models used in the development of regional transportation plans by
federally designated metropolitan planning organizations.
(2) Any revision of the guidelines shall include the formation of
an advisory committee that shall include representatives of the
metropolitan 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. 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) Changes in travel and land development 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.
(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
metropolitan planning organizations shall
disseminate the methodology, results, and key assumptions of
whichever travel demand 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, and
counties are encouraged, but not required, to utilize the
guidelines. travel demand models that are consistent
with the guidelines in the development of their regional
transportation plans.
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, daily 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) No later than January 1, 2011
September 30, 2010 , the State Air Resources Board shall
provide each affected region with greenhouse gas emission reduction
targets for the automobile and light truck sector for 2020 and 2035,
respectively.
(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, local transportation agencies, 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 September 30
, 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 The metropolitan
planning organization may recommend 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. The state board shall release draft targets
for each region no later than June 30, 2010.
(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 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
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) (iii)
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 metropolitan planning organization shall prepare a
sustainable communities strategy, subject to the requirements of Part
450 of Title 23 of, and Part 93 of Title 40 of, the Code of Federal
Regulations, 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; (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; (v) gather
and consider the best practically available scientific information
regarding resource areas and farmland in the region as defined in
subdivisions (a) and (b) of Section 65080.01; (vi) consider the
state housing goals specified in Sections 65580 and 65581; (vii)
set forth a forecasted development pattern for the region,
which, when integrated with the transportation network, and other
transportation measures 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
approved by the state board; and (vii) will
(viii) allow the regional transportation plan to comply with
Section 176 of the federal Clean Air Act (42 U.S.C. Sec. 7506).
Within the jurisdiction of the Metropolitan Transportation
Commission, as defined by Section 66502, the Association of Bay Area
Governments shall be responsible for clauses (i), (ii), (iii), (v),
and (vi), the Metropolitan Transportation Commission shall be
responsible for clauses (iv) and (viii); and the Association of Bay
Area Governments and the Metropolitan Transportation Commission shall
jointly be responsible for clause (vii).
(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. Code, a
subregional council of governments and the county transportation
commission may work together to propose the sustainable communities
strategy and an alternative planning strategy, if one is prepared
pursuant to subparagraph (H), for that subregional area. The
metropolitan planning organization may adopt a framework for a
subregional sustainable communities strategy or a subregional
alternative planning strategy to address the intraregional land use,
transportation, economic, air quality, and climate policy
relationships. The metropolitan planning organization shall include
the subregional sustainable communities strategy for that subregion
in the regional sustainable communities strategy to the extent
consistent with this section and federal law and approve the
subregional alternative planning strategy, if one is prepared
pursuant to subparagraph (H), for that subregional area to the extent
consistent with this section. The metropolitan planning organization
shall develop overall guidelines, create public
participation plans pursuant to subparagraph (E), ensure
coordination, resolve conflicts, make sure that the overall plan
complies with applicable legal requirements, and adopt the plan for
the region.
(D) Each The 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) Consultation with congestion management agencies,
transportation agencies, and transportation commissions.
(ii)
(iii) 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)
(iv) Preparation and circulation of a draft sustainable
communities strategy and , if one is prepared, an
alternative planning strategy, if one is prepared, not
less than 55 days before adoption of a final strategy
regional transportation plan .
(iv)
(v) At least three public hearings on the draft
sustainable communities strategy in the regional transportation
plan and alternative planning strategy, if any
one is prepared. If the metropolitan transportation
organization consists of a single county, at least two public
hearings shall be held . 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)
(vi) A process for enabling members of the public to
provide a single request to receive notices, information, and
updates.
(F) In preparing a sustainable communities strategy, the
metropolitan planning organization shall consider spheres of
influence that have been adopted by the local agency formation
commissions within its region.
(G) Prior to adopting a sustainable communities strategy, the
metropolitan planning organization shall quantify the reduction in
greenhouse gas emissions projected to be achieved by the sustainable
communities strategy and set 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) or (C) , is unable to
reduce greenhouse gas emissions to achieve the greenhouse gas
emission reduction targets established by the state board, the
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)
(i) Shall identify the principal impediments to
achieving the targets within the sustainable communities strategy.
(iii)
(ii) May include an alternative development pattern for
the region pursuant to subparagraphs (B) to (F), inclusive.
(iv)
(iii) Shall describe how the greenhouse gas emission
reduction targets would be achieved by the alternative planning
strategy, and why the measures development
pattern, measures, and policies in the alternative planning
strategy are the most practicable choices for achievement of the
greenhouse gas emission reduction targets.
(v)
(iv) 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)
(v) 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 strategy 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.
(J) Neither a sustainable communities strategy nor an alternative
planning strategy regulates the use of land, nor, except as provided
by subparagraph (I), shall either one be subject to any state
approval. Nothing in a sustainable communities strategy shall be
interpreted as superseding the exercise of the land use authority of
cities and counties within the region. Nothing in this section
shall be interpreted to limit the state board's authority under any
other provision of law. 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 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.
(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) this paragraph
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, 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.
(L) A metropolitan planning organization, or a regional
transportation planning agency not within a metropolitan planning
organization, that is required to adopt a regional transportation
plan not less than every five years, may elect to adopt the plan not
less than every four years. This election shall be made by the board
of directors of the metropolitan planning organization or regional
transportation planning agency no later than June 1, 2009, or
thereafter 54 months prior to the statutory deadline for the adoption
of housing elements for the local jurisdictions within the region,
after a public hearing at which comments are accepted from members of
the public and representatives of cities and counties within the
region covered by the metropolitan planning organization or regional
transportation planning agency. Notice of the public hearing shall be
given to the general public and by mail to cities and counties
within the region no later than 30 days prior to the date of the
public hearing. Notice of election shall be promptly given to the
Department of Housing and Community Development. The metropolitan
planning organization or the regional transportation planning agency
shall complete its next regional transportation plan within three
years of the notice of election.
(M) Two or more of the metropolitan planning organizations for
Fresno County, Kern County, Kings County, Madera County, Merced
County, San Joaquin County, Stanislaus County, and Tulare County may
work together to develop and adopt multiregional goals and policies
that may address interregional land use, transportation, economic,
air quality, and climate relationships. The participating
metropolitan planning organizations may also develop a multiregional
sustainable communities strategy, to the extent consistent with
federal law, or an alternative planning strategy for adoption by the
metropolitan planning organizations. Each participating metropolitan
planning organization shall consider any adopted multiregional goals
and policies in the development of a sustainable communities strategy
and, if applicable, an alternative planning strategy for its region.
(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 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 in Section
65080.01, for the purposes of, for example, transportation
investments for the preservation and safety of the city street or
county road system , and 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 counties to address countywide 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. 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) "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 or agricultural uses in adopted open-space
elements or agricultural elements of the local general
plan or by local ordinance; (6) 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) "Farmland" means farmland that is 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.
(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.
(d) "Consistent" shall have the same meaning is that term as use
in Section 134 of Title 23 of the United States Code.
(e) "Internally consistent" means that the contents of the
elements of the regional transportation plan must be consistent with
each other.
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 and after
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 an annual public meeting before the
legislative body 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)
(b) 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 (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) (7) . 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 an eight-year
a schedule of actions during the planning period
, 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 will is undertaking or intends to
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, rezoning of those sites, including adoption of minimum density
and development standards, for jurisdictions with an eight-year
housing element planning period pursuant to Section 65588, 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 the deadline is extended pursuant to subdivision
(f). Notwithstanding the foregoing, for a local government that fails
to adopt a housing element within 120 days of the statutory deadline
in Section 65588 for adoption of the housing element, rezoning of
those sites, including adoption of minimum density and development
standards, shall be completed no later than three years and 120 days
from the statutory deadline in Section 65588 for adoption of the
housing element.
(A)
(B) 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. 65583.2.
(B)
(C) 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 rezoning at densities sufficient to accommodate
at least 75 percent of the sites for low- and very low income
households 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 , or impose a
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 action 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 action 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 subdivision .
If a court finds that the local agency disapproved a project or
conditioned its approval in violation of this paragraph
subdivision , 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
subdivision are fulfilled. In any such action, the
city, county, or city and county shall bear the burden of proof.
(4) For purposes of this subdivision, "housing development project"
means a project to construct residential units if
for which 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.
(h) An action to enforce the program actions of the housing
element shall be brought pursuant to Section 1085 of the Code of
Civil Procedure.
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 (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. 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.
(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 (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 , after
considering the equities of the circumstances presented by all
parties, 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 in existence at the time the action was
filed . 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 , after considering the equities
of the circumstances presented by all parties, 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 in
existence at the time the action was filed 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) paragraphs (1), (2), and (3) of
subdivision (c) of Section 65583. The action shall be brought
pursuant to Section 1085 of the Code of Civil Procedure and
Procedure. An action may be brought pursuant to
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 Except as provided in
paragraph (7) of subdivision (e), the housing element shall be
revised as appropriate, but not less than every eight years by
those local governments that are located within a region covered by
(1) a metropolitan planning organization in a region classified as
nonattainment for one or more pollutants regulated by the federal
Clean Air Act or (2) a metropolitan planning organization or regional
transportation planning agency that is required, or has elected
pursuant to subparagraph (L) of paragraph (2) of subdivision (b) of
Section 65080, to adopt a regional transportation plan not less
than every four years. The housing element shall be revised, as
appropriate, but not less than every five years by those local
governments that are located within a region covered by a
metropolitan planning organization or regional transportation
planning agency that is required to adopt a regional
transportation plan not less than every five 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,
120 days of the statutory deadline for adoption of the
housing element shall revise its housing element, as
appropriate, but not less than every four years. Nothing in this
section shall be construed to excuse the obligations of the local
government to adopt a revised housing element no later than the date
specified in this section.
(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) Except as provided in subdivision (b), subsequent revisions
shall be completed not less often than at eight-year intervals
following the fourth revision in conjunction with the development of
the regional transportation plan pursuant to Section 65080.
(7) (A) All local governments within a metropolitan planning
organization in a region classified as nonattainment for one or more
pollutants regulated by the federal Clean Air Act (42 U.S.C. Sec.
7506), except those within the regional jurisdiction of the San Diego
Association of Governments, shall adopt the fifth revision of the
housing element no later than 18 months after adoption of the first
regional transportation plan to be adopted after September 30, 2010.
(B) All local governments within the regional jurisdiction of the
San Diego Association of Governments shall adopt their fifth revision
no more than five years from the fourth revision and their sixth
revision no later than 18 months after adoption of the first regional
transportation plan to be adopted after the fifth revision due date.
(C) All local governments within the regional jurisdiction of a
metropolitan planning organization or a regional transportation
planning agency that has made an election pursuant to subparagraph
(L) of paragraph (2) of subdivision (b) of Section 65080 shall be
subject to the eight-year planning period pursuant to subdivision (b)
of Section 65588 and shall adopt its next housing element 18 months
after adoption of the first regional transportation plan following
the election.
(f) For purposes of this article, "planning period" shall be the
time period for periodic revision of the housing element pursuant to
this section.
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. 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) Except for Section 21155.3, this
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 a major transit stop or
high-quality transit corridor as set forth in the applicable
included in a 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 included 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
service intervals no longer than 15 minutes
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 all parcels within the
project have no more than 25 percent of their area farther than
one-half mile from the stop or corridor and if not more than 10
percent of the residential units or 100 units, whichever is less, in
the project are farther than one-half mile from 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 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. are 15 percent more energy efficient
than required by Chapter 6 of Title 24 of the California Code of
Regulations and the buildings and landscaping are designed to achieve
25 percent less water usage than the average household use in the
region.
(b) The transit priority project meets all of the following land
use criteria:
(1) The site of the transit priority project is not more than
eight acres in total area.
(2) The transit priority project does not contain more than 200
residential units.
(3) The transit priority project does not result in any net loss
in the number of affordable housing units within the project area.
(4) The transit priority project does not include any single level
building that exceeds 75,000 square feet.
(5) 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.
(6) The transit priority project is determined not to conflict
with nearby operating industrial uses.
(7) The transit priority project is located within one-half mile
of a rail transit station or a ferry terminal included in a regional
transportation plan or within one-quarter mile of a high-quality
transit corridor included in a regional transportation plan.
(c) The transit priority project meets at least one of the
following 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 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 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 has incorporated all feasible
mitigation measures, performance standards, or criteria set forth in
the prior applicable environmental impact reports and adopted in
findings made pursuant to Section 21081, 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 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.
(c).
(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 impacts of the
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 alternative planning strategy, if any.
shall identify any cumulative effects that have been
adequately addressed and mitigated pursuant to the requirements of
this division in prior applicable certified environmental impact
reports. Where the lead agency determines that a cumulative effect
has been adequately addressed and mitigated, that cumulative effect
shall not be treated as cumulatively considerable for the purposes of
this subdivision.
(2) The sustainable communities environmental assessment shall
contain measures that either avoid or mitigate to a level of
insignificance all potentially significant or significant
impacts effects 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 impacts
effects required to be identified in the initial
study have been identified and analyzed.
(B) With respect to each significant impact
effect 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 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 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 significant
or potentially significant impacts effects
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 alternative planning strategy,
if any. shall identify any cumulative effects that
have been adequately addressed and mitigated pursuant to the
requirements of this division in prior applicable certified
environmental impact reports. Where the lead agency determines that a
cumulative effect has been adequately addressed and mitigated, that
cumulative effect shall not be treated as cumulatively considerable
for the purposes of this subdivision.
(2) An environmental impact report prepared pursuant to this
subdivision need only address the significant or potentially
significant impacts effects 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 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 mitigate
the traffic impacts of those transit priority projects.
(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 effects of a project on
public health or on pedestrian or bicycle safety.
(c) The legislative body shall review its traffic mitigation
measures and update them as needed at least every five years.
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) (I) 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, a sustainable
communities environmental assessment, 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 , or
the state highway system .
(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.