Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 779

Introduced by Assembly Member Cristina Garcia

February 25, 2015

An act to amend begin delete Section 65040.9 of the Government end delete begin insert Section 21099 of the Public Resources end insert Code, relating to begin delete land use. end delete begin insert environmental quality. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 779, as amended, Cristina Garcia. begin delete Office of Planning and Research: advisory planning handbook. end delete begin insert Environmental quality: transit priority areas. end insert

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(1) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

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CEQA requires the Office of Planning and Research to prepare and develop, and the Secretary of the Natural Resources Agency to certify and adopt, proposed revisions to the guidelines for the implementation of CEQA to establish criteria for determining the significance of transportation impacts of projects within transit priority areas that, among other things, promote the reduction of greenhouse gas emissions.

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This bill would instead provide that the transportation impact related to greenhouse gas emissions of a project located within a transit priority area is not a significant impact on the environment.

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(2) CEQA provides that aesthetic and parking impacts of certain projects on an infill site within a transit priority area are not considered to be significant impacts on the environment.

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This bill would additionally provide that an automobile delay impact, as described solely by the level of service or a similar measure of vehicular capacity or traffic congestion, is not a significant impact on the environment for those projects.

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Existing law required the Office of Planning and Research, on or before January 1, 2004, if sufficient federal funds became available for that purpose, to prepare and publish an advisory planning handbook for use by local officials, planners, and builders that explains how to reduce land use conflicts between the effects of civilian development and military readiness activities carried out on military installations and areas, as specified.

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This bill would make nonsubstantive changes to that provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 21099 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

21099.  

(a) For purposes of this section, the following terms
mean the following:

(1) “Employment center project” means a project located on
property zoned for commercial uses with a floor area ratio of no
less than 0.75 and that is located within a transit priority area.

(2) “Floor area ratio” means the ratio of gross building area of
the development, excluding structured parking areas, proposed for
the project divided by the net lot area.

(3) “Gross building area” means the sum of all finished areas
of all floors of a building included within the outside faces of its
exterior walls.

(4) “Infill site” means a lot located within an urban area that
has been previously developed, or on a vacant site where at least
75 percent of the perimeter of the site adjoins, or is separated only
by an improved public right-of-way from, parcels that are
developed with qualified urban uses.

(5) “Lot” means all parcels utilized by the project.

(6) “Net lot area” means the area of a lot, excluding publicly
dedicated land and private streets that meet local standards, and
other public use areas as determined by the local land use authority.

(7) “Transit priority area” means an area within one-half mile
of a begin delete major end delete transit stop that is existing or planned, if the planned
stop is scheduled to be completed within the planning horizon
included in a Transportation Improvement Program adopted
pursuant to Section 450.216 or 450.322 of Title 23 of the Code of
Federal Regulations.

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(b) (1) The Office of Planning and Research shall prepare,
develop, and transmit to the Secretary of the Natural Resources
Agency for certification and adoption proposed revisions to the
guidelines adopted pursuant to Section 21083 establishing criteria
for determining the significance of transportation impacts of
projects within transit priority areas. Those criteria shall promote
the reduction of greenhouse gas emissions, the development of
multimodal transportation networks, and a diversity of land uses.
In developing the criteria, the office shall recommend potential
metrics to measure transportation impacts that may include, but
are not limited to, vehicle miles traveled, vehicle miles traveled
per capita, automobile trip generation rates, or automobile trips
generated. The office may also establish criteria for models used
to analyze transportation impacts to ensure the models are accurate,
reliable, and consistent with the intent of this section.

(2) Upon certification of the guidelines by the Secretary of the
Natural Resources Agency pursuant to this section, automobile
delay, as described solely by level of service or similar measures
of vehicular capacity or traffic congestion shall not be considered
a significant impact on the environment pursuant to this division,
except in locations specifically identified in the guidelines, if any.

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(b) (1) For a project located in a transit priority area, the
transportation impact related to greenhouse gas emissions shall
not be considered a significant impact on the environment.

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(3)

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begin insert (2) end insert  This subdivision does not relieve a public agency of the
requirement to analyze a project’s potentially significant
transportation impacts related to begin insert other end insert air quality, noise, begin insert or end insert safety,
or any other begin insert nongreenhouse gas emissions related end insert impact
associated with transportation. begin delete The methodology established by
these guidelines shall not create a presumption that a project will
not result in significant impacts related to air quality, noise, safety,
or any other impact associated with transportation. Notwithstanding
the foregoing, the adequacy of parking for a project shall not
support a finding of significance pursuant to this section. end delete

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(4)

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begin insert (3) end insert  This subdivision does not preclude the application of local
general plan policies, zoning codes, conditions of approval,
thresholds, or any other planning requirements pursuant to the
police power or any other authority.

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(5) On or before July 1, 2014, the Office of Planning and
Research shall circulate a draft revision prepared pursuant to
paragraph (1).

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(c)  begin delete (1) The end delete begin insert Pursuant to Section 21083, the end insert Office of Planning
and Research may begin delete adopt end delete begin insert prepare and the Secretary of the Natural
Resources Agency may adopt revisions to the end insert guidelines begin delete pursuant
to Section 21083 end delete establishing alternative metrics to the metrics
used for traffic levels of service for transportation impacts outside
transit priority areas. The alternative metrics may include the
retention of traffic levels of service, where appropriate and as
determined by the office.

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(2) This subdivision shall not affect the standard of review that
would apply to the new guidelines adopted pursuant to this section.

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(d) (1)  begin delete Aesthetic end delete begin insert Automobile delay, as described solely by level
of service or similar measure of vehicular capacity or traffic
congestion, aesthetic, end insert and parking impacts of a residential,
mixed-use residential, or employment center project on an infill
site within a transit priority area shall not be considered significant
impacts on the environment.

(2) (A) This subdivision does not affect, change, or modify the
authority of a lead agency to consider aesthetic impacts pursuant
to local design review ordinances or other discretionary powers
provided by other laws or policies.

(B) For the purposes of this subdivision, aesthetic impacts do
not include impacts on historical or cultural resources.

(e) This section does not affect the authority of a public agency
to establish or adopt thresholds of significance that are more
protective of the environment.

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SECTION 1.  

Section 65040.9 of the Government Code is
amended to read:

65040.9.  

(a) On or before January 1, 2004, the Office of
Planning and Research shall, if sufficient federal funds become
available for this purpose, prepare and publish an advisory planning
handbook for use by local officials, planners, and builders that
explains how to reduce land use conflicts between the effects of
civilian development and military readiness activities carried out
on military installations, military operating areas, military training
areas, military training routes, and military airspace, and any other
territory adjacent to those installations and areas.

(b) At a minimum, the advisory planning handbook shall include
advice regarding all of the following items:

(1) The collection and preparation of data and analysis.

(2) The preparation and adoption of goals, policies, and
standards.

(3) The adoption and monitoring of feasible implementation
measures.

(4) Methods to resolve conflicts between civilian and military
land uses and activities.

(5) Recommendations for cities and counties to provide drafts
of general plan and zoning changes that may directly impact
military facilities, and opportunities to consult with the military
base personnel prior to approving development adjacent to military
facilities.

(c) In preparing the advisory planning handbook, the office shall
consult with persons and organizations with knowledge and
experience in land use issues affecting military installations and
activities.

(d) The office may accept and expend any grants and gifts from
any source, public or private, for the purposes of this section.

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