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HomeMy WebLinkAbout8.2 Preferred Growth Scenarios CITY CLERK File # D~~~-0!2J AGENDA STATEMENT CITY. COUNCIL MEETING DATE: September 4, 2007 SUBJECT: Opposition of Senate Bill 375 (Steinberg), Preferred Growth Scenarios for Cities Report prepared by Erica Fraser, Senior Planner ATTACHMENT: 1) 2) 3) ~. RECOMMENDATION: ~ 1) r-. 0/ 2) ~ 3) FINANCIAL STATEMENT: Resolution opposing Senate Bill 375 and authorizing the Mayor to sign a letter opposing Senate Bill 375. Letter to Senator Steinberg opposing Senate Bill 375. Senate Bill 375. Receive Staff presentation; Deliberate; and Approve Resolution opposing Senate Bill 375 and authorizing the Mayor to sign a letter opposing Senate Bill 375. As written, SB 375 could limit the City's potential for receiving transportation funds if the City does not comply with the preferred growth scenarios. DESCRIPTION: The intent of State of California Senate Bill (SB) 375 is to align transportation funds with regional strategies designed to reduce our reliance on automobiles and vehicle miles traveled in order to meet the greenhouse gas reduction goals established by State of California Assembly Bill 32 (The Global Warming Solutions Act). The following are the three key components ofSB 375: 1. The bill would require the California Transportation Commission to adopt guidelines for the use of travel demand models by regional transportation agencies; COPY TO: Applicant File Page 1 of3 G:\SB 375\SB 375\CCSR.doc ITEM NO. ?- ~ 2. The bill would require regional transportation planning agencies to adopt preferred growth scenarios, in their transportation plans, that reduce vehicle miles traveled in their region based on targets adopted by the State Air Resources Board; and 3. The bill would allow for some CEQA relief in communities that revise their general plan to conform to the preferred growth scenario. ANALYSIS: Under proposed SB 375, the regional transportation agencies will be required to include "preferred growth scenarios" ( countywide) in the adoption of the regional transportation plan. These scenarios would encourage smart growth principles by promoting development near public transit, projects that include a mix of residential and commercial use, and include some affordable housing to help reduce new housing developments in outlying areas with cheaper land. Transportation funding would only be awarded to projects that are consistent with the preferred growth scenario. The intent of the Bill is to achieve certain goals for the reduction of vehicle miles traveled in the region. The practical effect would be that the regional transportation agency would determine where development should occur within each City. Under SB 375, the preferred growth scenario must identify the following: 1. Areas within the region which are sufficient to house all the population of the region, including all segments of the population over the course of the planning period; 2. Identify the transportation network to service the transportation needs of the region; and 3. Identify significant resource areas and significant farmland and exclude these. development areas from the preferred growth alternative. The Bill would also require the State Air Resources Board to provide each affected region with greenhouse gas emission reduction targets from the automobile and light truck sector for the years 2020 and 2035. The preferred growth scenario would also include an inventory of the region's emissions of greenhouse gases from the automobile and light truck sector and establish measures to reduce those emissions to the greatest extent feasible to achieve the targets. A city is not required, under the Bill, to amend the General Plan or any Specific Plans to comply with the adopted preferred growth scenario. However, the Bill does require that funding for transportation projects be consistent with the preferred growth scenario. If a project proposed for funding is not consistent with the adopted preferred growth scenario, funding will not be granted. Therefore, if the City of Dublin did not amend the City's General Plan to conform to the preferred growth scenario, as defined by the Regional Transportation Agency, and requested funding for transportation improvements; the funding request could be denied if the State determined that the need for improvements was based on development that was not compatible with the adopted preferred growth scenario. CONCLUSION: The League of California Cities has formally taken an "oppose" position on SB 375. As discussed above, SB 375 would require regional transportation agencies to develop preferred growth scenarios and identify significant resource areas that would not be developed. The Bill does not require that the agency consult with the City prior to determining these areas. The regional transportation agency would therefore be making land use decisions for each City under their jurisdiction that the City would be required to conform to the preferred growth scenarios or face a loss in transportation funding. Page 2 of3 Funding for regional improvements by the State in the future will require that the project is consistent with the regional transportation plan (i.e. freeway widening must be consistent with the plan). However, the Bill is vague in how funding may be affected in the future, but can be interpreted to mean that funding will not be approved for a city, if the city has not revised the General Plan to comply with the preferred growth scenarios and the proposed funding request is related to improvements for a project that did not conform to the adopted scenario. Approval of this Bill could mean that funding for transportation projects in the future could be stopped if the City of Dublin does not amend the General Plan to conform to the preferred growth scenario adopted by the regional transportation agency. RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff presentation; 2) Deliberate; and 3) Approve Resolution opposing Senate Bill 375 and authorizing the Mayor to sign a letter opposing Senate Bill 375. Page 3 of3 I 'i c21J RESOLUTION NO. XX - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* OPPOSING CALIFORNIA SENATE BILL 375 (STEINBERG) - PREFERRED GROWTH SCENARIOS AND AUTHORIZING THE MAYOR TO SIGN A LETTER OPPOSING SENATE BILL 375 WHEREAS, the City of Dublin, along with many other CItIes, counties and councils of government throughout the state, is concerned with greenhouse gas emissions and already make it a practice to develop responsible planning and transportation guidelines that take into account and mitigate environmental impacts of new growth to reduce emissions; and WHEREAS, Senate Bill (SB) 375 seeks to implement drastic new land-use changes well in advance of the implementation guidelines being developed as a result of California's landmark Greenhouse Gas Emissions Bill, Assembly Bill (AB) 32; and WHEREAS, sufficient time needs to be taken to develop and understand AB 32 implementation guidelines before significant new land-use changes like those proposed in SB 375 are considered that could conflict with or negatively impact implementation of AB 32; and WHEREAS, while SB 375 claims to use transportation funding as "incentives" for complying with the new land-use laws and the state's definition of a "preferred growth scenario", it actually holds transportation funding hostage as a means of enforcing the new state-imposed growth requirements; and WHEREAS, transportation funds are spread evenly in communities throughout the state to improve safety, relieve congestion and reduce vehicle emissions through congestion relief projects. Changing the rules or withholding transportation funding could "halt needed transportation improvement projects throughout California; and WHEREAS, SB 375 essentially puts the state, not localities, in charge of all new growth and development in California by establishing complicated' and sweeping changes to local land-use decision making. SB 375 would replace community decision-making with state-knows-best land-use rules that dictate where and how communities grow, irrespective of local needs and concerns; and WHEREAS, this legislation also puts enormous power and responsibility in the hands of regional counCils" of government, which must develop growth plans based on the very prescriptive state-imposed requirements in SB 375; and WHEREAS, SB 375 would impose complicated new requirements on not only local governments but also regional councils of government, the California Transportation Commission, and the California Air Resources Board, to name a few; and WHEREAS, despite these massive changes and potential impacts on every community, there has not been a coordinated or thorough debate on SB 375; and Page 1 of2 -rtewd;:f 6.c2 ~ }L/~7 i. ATTACHMENT 1 eX ~oW WHEREAS, rushing this bill through the last weeks of legislative session is bad policy and could have drastic unintended consequences. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Dublin that we hereby oppose SB 375 and urge the Honorable Senator Darrell Steinberg to declare SB 375 a two year bill. BE IT FURTHER RESOLVED that we hereby authorize the listing of our City in formal opposition to this measure by the No on SB 375 Coalition and authorize the Mayor to sign a letter in opposition ofSB 375. PASSED AND ADOPTED by the City Council ofthe City of Dublin on this 4th day of September, 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\SB 375\SB 375\CC Reso.doc Page 2 of2 3~:LO CITY OF DUBLIN "Celebrating 2S Years Of Cityhood 1982-2007" 100 Civic Plaza, Dublin, California 94568 Website: http://www.ci.dublin.ca.us September 4, 2Q07 The Honorable Senator Darrell Steinberg State Capitol Building, Room 4035 Sacramento, CA 95814 RE: SB 375 (Steinber2): Transportation Planning: Preferred Growth Scenarios Oppose Dear Senator Steinberg: I am writing on behalf of the City of Dublin to inform you that we oppose SB 375 (Steinberg). Weare particularly concerned about the imposition of a new "preferred growth scenario" which undermines local land use decisions and handcuffs transportation funding. The imposition of state defined "significant resource areas" works against the impressive collaborative and voluntary work that local governmepts have accomplished through regional blueprints. In addition, there are too many provisions of this bill that do not make practical sense. For example, this bill would require COimcils of Governments (COGs) to develop a plan to channel growth into specific areas of a region to reduce carbon emissions. However, this directly conflicts with the Regional Housing Needs Assessments (RHNA) process that allocates housing on a fair share basis. Similarly, the adoption of a preferred growth scenario by a COG is not adequately squared against the role of Local Agency Formation Commissions (LAFCOs). Compounding all ofthe problems embodied in SB 375 is the fact that this legislation is premature. The Administration has barely begun to implement AB 32, last year's climate change legislation. What local governments need on the climate change issue from the state is true assistance and collaboration, nota top-down growth control proposal that holds local transportation funds hostage. Finally, our city is committed to do its share on reducing carbon emissions, but AB 32 needs to be given a chance to work. Clearly, SB 375 is ill timed and unworkable. The measure should become a two-year bill until such issues are appropriately resolved. Attachment 2 Area Code (925) . City Manager 833-6650 . City Council 833-6650 . Personnel 833-6605 . Economic Development 833-6650 Finance 833-6640 . Public Works/Engineering 833-6630 . Parks & Community Services 833-6645 . Police 833-6670 Planning/Code Enforcement 833-6610 . Building Inspection 833-6620 . Fire Prevention Bureau 833-6606 Printed on Recycled Paper 1-1. ~. oW For these reasons, the City of Dublin strongly opposes this measure. Sincerely, Janet Lockhart Mayor CC: Kasie Hildenbrand, Vice Mayor Tony Oravetz, City of Dublin, City Council Member Kate Ann Scholz, City of Dublin, City Council Member Tim Sbranti, City of Dublin, City Council Member Richard Ambrose, City of Dublin, City Manager Jeri Ram, City of Dublin, Community Development Director Guy S. Houston, Assembly Representative Brad Williams, Consultant, Assembly Committee on Appropriations William Weber, Consultant, Assembly Republican Caucus Lynn Jacobs, Director, Department of Housing and Community Development Cynthia Bryant, Director, Governor's Office of Planning and Research Dale E. Bonner, Secretary, Business, Transportation and Housing Agency Mike Chrisman, Secretary, California Resources Agency Chris Kahn, Legislative Secretary, Governor's Office Mary Creasey, League of California Cities SB 375 Senate Bill- AMENDED BILL NUMBER: SB 375 BILL TEXT AMENDED AMENDED IN ASSEMBLY JULY 17, 2007 AMENDED IN ASSEMBLY JUNE 27, 2007 AMENDED IN SENATE JUNE 4, 2007 AMENDED IN SENATE MAY 2, 2007 AMENDED IN SENATE APRIL 17, 2007 INTRODUCED BY Senator Steinberg FEBRUARY 21, 2007 An act to amend Sections 65070, 65074, 65080, 65080.5, 65081.3, 65082, 65088.1, and 65088.4 of, and to add Sections 14522.1, 14522.2, 14522.5, and 65086.6 to, the Government Code, and to add Chapter 4.2 (commencing with Section 21155) to Division 13 of the Public Resources Code, relating to environmental quality. LEGISLATIVE COUNSEL'S DIGEST SB 375, as amended, Steinberg. Transportation planning: travel demand models: preferred growth scenarios: environmental review. (1) Existing law requires certain transportation planning activities by the Department of Transportation and by designated regional transportation planning agencies, including development of a regional transportation plan. Existing law authorizes the California Transportation Commission, in cooperation with the regional agencies, to prescribe study areas for analysis and evaluation. This bill would require the commission, by April I, 2008, to adopt guidelines for travel demand models used in- the development of regional transportation plans by certain transportation planning entities. The bill would require the Department of Transportation to assist the commission, on request, in this regard, and would impose other related requirements. This bill would also require the regional transportation plan for specified regions to include a preferred growth scenario, as specified, designed to achieve certain goals for the reduction of vehicle miles traveled in a region. The bill would require the State Air Resources Board, working in consultation with the affected transportation agencies, to provide each affected region with greenhouse gas emission reduction targets from the automobile and light truck sector for 2020 and 2035 by an unspecified date, and to update the regional targets, as specified, until 2050, and would require the preferred growth scenario to inventory the region's emission of those gases from the automobile and light truck sector and establish measures to reduce those emissions to the greatest extent feasible to achieve the targets. The bill would require certain transportation planning and programming activities by affected regional agencies to be consistent with the preferred growth scenario contained in the regional transportation plan , including the programming of transportation projects in the regional transportation improvement program and the implementation of infill opportunity zones by local agencies ,among other things. Because the bill would impose additional duties on loca) agencies, it would impose a state-mandated local program. Page 1 of 16 5 t2;f c0J ATTACHMENT 3 http://info.sen.ca.gov/pub/07-08/bill/senlsb_ 0351-0400/sb _375 _bill_20070717 _amended_... 8120/2007 SB 375 Senate Bill - AMENDED (2) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would require the environmental document prepared pursuant to CEQA to only examine the significant or potentially significant project specific impacts of a project located in a local jurisdiction that has amended its general plan so that the land use, circulation, housing, and open-space elements of the general plan are consistent with the preferred growth scenario most recently adopted by the metropolitan planning organization, pursuant to the requirements specified in the bill, if the project is a residential project or a residential or mixed-use project, is on an infill site, and applicable mitigation measures have been or will be incorporated into the project. The bill would provide that no additional review is required pursuant to CEQA for a project if the legislative body of a local jurisdiction that has amended its general plan, as provided above, finds, after conducting a public hearing, that the project meets certain criteria and is declared to be a sustainable communities project. The bill would also authorize the legislative body of such a local jurisdiction within an urbanized area to adopt traffic mitigation measures for all future residential projects. The bill would exempt a residential project seeking a land use approval from compliance with additional measures for traffic impacts, if the local jurisdiction that has adopted those traffic mitigation measures. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) The transportation sector contributes over 40 percent of the greenhouse gas emissions in the State of California; vehicles alone contribute 35 percent. The transportation sector is the single largest contributor of greenhouse gases of any sector. (b) In 2006, the Legislature passed and the Governor signed Assembly Bill 32 (Chapter 488 of the Statutes of 2006; hereafter AB 32), which requires the State of California to reduce its greenhouse gas emissions to 1990 levels no later than 2020. In 1990, greenhouse gas emissions from vehicles were approximately 73 million metric tons, but by 2006 these emissions had increased to approximately 100 Page 2 of 16 e,,~ http://info.sen.ca.gov/pub/07-08/bill/sen/sb_ 0351-0400/sb _375 _ bill_20070717 _amended _00. 8120/2007 SB 375 Senate Bill - AMENDED million metric tons. (c) Greenhouse g~s emissions from vehicles can be substantially reduced by new vehicle technology and by the increased use of low carbon fuel. However, even taking these measures into account, it will be necessary to achieve significant additional greenhouse gas reductions from changed land use patterns and improved transportation. Without significant changes in land use and transportation policy, California will not be able to achieve the goals of AB 32. (d) In addition, vehicles account for 50 percent of air pollution in California and __ percent of its consumption of petroleum. Changes in land use and transportation policy will provide significant assistance to California's goals to implement the federal and state Clean Air Acts and to reduce its dependence on petroleum. (e) Current planning models and analytical techniques used for making transportation infrastructure decisions and for air quality planning should be able to assess the effects of policy choices, such as residential development patterns, expanded transit service and accessibility, the walkability of communities, and the use of economic incentives and disincentives. SEC. 2. Section 14522.1 is added to the Government Code, to read: 14522.1. (a) (1) The commission, in consultation with the State Air Resources Board, shall adopt guidelines for travel demand models used in the development of regional transportation plans by (A) federally designated metropolitan planning organizations, (B) county transportation agencies in areas that have been designated as nonattainment areas under the federal Clean Air Act, and (C) in the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura, the agency described in Section 130004 of the Public Utilities Code. (2) The preparation of the guidelines shall include the formation of an advisory committee that shall include representatives of the regional transportation planning agencies, the department, organizations knowledgeable in the creation and use of travel demand models, local governments, and organizations concerned with the impacts of transportation investments on communities and the environment. The commission shall hold two workshops on the guidelines, one in northern California and one in southern California. The workshops shall be incorporated into regular commission meetings. (b) The department shall assist the commission in the preparation of the guidelines, if requested to do so by the commission. (c) The guidelines shall, at a minimum and to the extent practicable, account for all of the following: (1) The relationship between land use density and household vehicle ownership and vehicle miles traveled in a way that is consistent with statistical research. (2) The impact of enhanced transit service levels on household vehicle ownership and vehicle miles traveled. (3) Induced travel and induced land development resulting from highway or passenger rail expansion. (4) Mode splitting that allocates trips between automobile, transit, carpool, and bicycle and pedestrian trips. If a travel demand model is unable to forecast bicycle and pedestrian trips, another means may be used to estimate those trips. (d) The guidelines shall be adopted on or before April I, 2008. SEC. 3. Section 14522.2 is added to the Government Code, to read: 14522.2. (a) A regional transportation planning agency shall disseminate the methodology, results, and key assumptions of whichever travel demand model ~t uses in a way that would be useable http://info.sen.ca.gov/pub/07-08/bill/sen/sb _ 0351-0400/sb _375 _ bill_ 20070717 _amended _00' Page 3 of 16 '1 x.,w 812012007 SB 375 Senate Bill - AMENDED and understandable to the public. (b) Transportation planning agencies other than those identified in paragraph (1) of subdivision (a) of Section 14522.1, cities, counties, and congestion management agencies within multicounty regions are encouraged, but not required, to utilize the guidelines. SEC. 4. Section 14522.5 is added to the Government Code, to read: 14522.5. A regional transportation planning agency described in paragraph (1) of subdivision (a) of Section 14522.1 shall report to the commission on how the regional travel demand model supports corridor planning and small area planning, at the time the regional transportation plan is submitted to the commission and department pursuant to Section 65080. SEC. 5. Section 65070 of the Government Code is amended to read: 65070. (a) The Legislature finds and declares, consistent with Section 65088, that it is in the interest of the State of California to have an integrated state and regional transportation planning process. It further finds that federal law mandates the development of a state and regional long-range transportation plan as a prerequisite for receipt of federal transportation funds. It is the intent of the Legislature that the preparation of these plans shall be a cooperative process involving local and regional government, members of the public, transit operators, congestion management agencies, and the goods movement industry and that the process be a continuation of activities performed by each entity and be performed without any additional cost. (b) The Legislature further finds and declares that the last attempt to prepare a California Transportation Plan occurred between 1973 and 1977 and resulted in the expenditure of over eighty million dollars ($80,000,000) in public funds and did not produce a usable document. As a consequence of that, the Legislature delegated responsibility for long-range transportation planning to the regional planning agencies and adopted a seven-year programming cycle instead of a longer range planning process for the state. (c) The Legislature further finds and declares that the Transportation Blueprint for the Twenty-First Century (Chapters 105 and 106 of the Statutes of 1989) is a long-range state transportation plan that includes a financial plan and a continuing planning process through the preparation of congestion management plans and regional transportation plans, and identifies major interregional road networks and passenger rail corridors for the state. SEC. 6. Section 65074 of the Government Code is amended to read: 65074. The Department of Transportation shall prepare, in cooperation with the metropolitan planning agencies, a federal transportation improvement program in accordance with subsection (f) of Section 135 of Title 23 of the United States Code. The federal transportation improvement program shall be submitted by the department to the United States Secretary of Transportation, by October 1 of each even-numbered year. The projects and improvements identified in that plan shall be consistent with the regional transportation plans adopted by the metropolitan planning organizations pursuant to Section 65080. SEC. 7. 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, co~sidering both the short-term and long-term future, and shall present clear, concise policy guidance Page 4 of 16 2 ~ 02JJ http://info.sen.ca.gov/pub/07-08/bill/senlsb_ 0351-0400/sb _375 _bill_20070717 _ amended_... 8/20/2007 SB 375 Senate Bill- AMENDED to local and state officials. The regional transportation plan shall consider factors specified in Section 134 of Title 23 of the United States Code. Each transportation planning agency shall consider and incorporate, as appropriate, the transportation plans of cities, counties, districts, private organizations, and state and federal agencies. (b) The regional transportation plan shall include all of the following: (1) A policy element that describes the transportation issues in the region, identifies and quantifies regional needs, and describes the desired short-range and long-range transportation goals, and pragmatic objective and policy statements. The objective and policy statements shall be consistent with the funding estimates of the financial element. The policy element of transportation planning agencies with populations that exceed 200,000 persons may quantify a set of indicators including, but not limited to, all of the following: (A) Measures of mobility and traffic congestion, including, but not limited to, vehicle hours of delay per capita and vehicle miles traveled per capita. (B) Measures of road and bridge maintenance and rehabilitation needs, including, but not limited to, roadway pavement and bridge conditions. (C) Measures of means of travel, including, but not limited to, percentage share of all trips (work and nonwork) made by all of the following: (i) Single occupant vehicle. (ii) Multiple occupant vehicle or carpool. (iii) Public transit including commuter rail and intercity rail. (iv) Walking. (v) Bicycling. (D) Measures of safety and security, including, but not limited to, total injuries and fatalities assigned to each of the modes set forth in subparagraph (C). (E) Measures of equity and accessibility, including, but not limited to, percentage of the population served by frequent and reliable public transit, with a breakdown by income bracket, and percentage of all jobs accessible by frequent and reliable public transit service, with a breakdown by income bracket. (F) The requirements of this section may be met utilizing existing sources of information. No additional traffic counts, household surveys, or other sources of data shall be required. (2) (A) ~ Within the region under the jurisdiction of each of the agencies described in paragraph (1) of subdivision (a) of Section 14522.1, a preferred growth scenario, consistent with the requirements of Section 450 of Title 23 of, and Section 93 of Title 40 of, the Code of Federal Regulations, that (i) identifies areas within the region sufficient to house all the population of the region including all economic segments of the population over the course of the planning period taking into account net migration into the region, population growth, household formation and employment growth; (ii) identifies a transportation network to service the transportation needs of the region; (iii) identifies significant resource areas and significant farmland and excludes from development areas in the preferred growth scenario the significant resource areas defined in paragraphs (1), (2), and (3) of subdivision (a) of Section 65086.6 and other adopted natural resource protection plans, and, except as provided in subparagraph (F), the significant resource areas defined in paragraphs (4), (5), (6), and (7) of subdivision (a) of Section 65086.6 and significant Page 5 of 16 '1~oW http://info.sen.ca.gov/pub/07-08/bill/sen/sb_ 0351-0400/sb _375 _bill_20070717 _amended_... 8/2012007 SB 375 Senate Bill - AMENDED farmlands; and (iv) will allow the plan to comply with Section 176 of the federal Clean Air Act (42 U.S.C. Sec. 7506). (B) No later than , the State Air Resources Board, working in consultation with the affected transportation agencies and after at least one public workshop, shall provide each affected region with greenhouse gas emission reduction targets from the automobile and light truck sector for 2020 and 2035, respectively, in order to implement Chapter 488 of the Statutes of 2006. (i) The board shall update the regional targets consistent with each agency's timeframe for updating its regional transportation plan under federal law until 2050. (ii) In making these determinations, the board shall consider greenhouse gas emission reductions that will be achieved by improved vehicle emission standards, changes in fuel consumption, and other measures it has approved that will reduce greenhouse gas emissions in the regions, and prospective measures the board plans to adopt to reduce greenhouse gas emissions from other sources. (iii) Consistent with data provided by the board, a preferred growth scenario, prepared pursuant to subparagraph (A), shall inventory the region's emission of greenhouse gases from the automobile and light truck sector and establish measures to reduce these emissions, to the greatest extent feasible, to achieve the targets developed by the board. (C) A preferred growth scenario shall be consistent with the state planning priorities specified pursuant to Section 65041.1. (D) If the preferred growth scenario, prepared in compliance with subparagraphs (A) and (B), is unable to reduce greenhouse gas emissions to achieve the targets established by the board, the transportation planning agency shall prepare a supplement to the preferred growth scenario showing how those greenhouse gas emission targets could be achieved through additional transportation investments, land use incentives, or other programs and incentives. (E) A preferred growth scenario does not regulate the use of land, nor shall it be subject to any state review or approval. Nothing in a preferred growth scenario shall be interpreted as superseding or interfering with the exercise of the land use authority of cities and counties within the region. (F) On and after January I, 2009, projects and improvements to be funded shall be consistent with regional transportation plans developed pursuant to Section 65080. Projects programmed for funding on or before December 31, 2011, are not required to be consistent with the preferred growth scenario if they (i) are contained in the 2006 or 2008 Federal Transportation Improvement Program or (ii) are funded pursuant to Chapter 12.49 (commencing with Section 8879.20) of Division 1 of Title 2. (G) Before identifying either a significant resource area defined in paragraph (4), (5), (6), or (7) of subdivision (a) of Section 65086.6 or significant farmlands as a development area, the transportation planning agency shall adopt findings that (i) the area is adjacent to an existing developed area or is within an infill area as defined in Division 13 (commencing with Section 21000) of the Public Resources Code; (ii) the area is served by all necessary utilities; (iii) there is no feasible alternative to identifying the area as a development area; (iv) the loss of a significant resource area will be fully mitigated; and (v) the area will be efficiently utilized for development with a density of at least 10 dwelling units per acre. (3) An action element that describes the programs and actions necess~ry to implement the plan and assigns impleme~tation responsibilities. The action element may describe all projects http://info.sen.ca.gov/pub/07-08/bill/senlsb_ 0351-0400/sb _375 _bill_20070717 _amended_... Page 6 of 16 '0 ~pW 8120/2007 SB 375 Senate Bill - AMENDED proposed for development during the 20-year life of the plan. Proposed projects shall be consistent with the preferred growth scenario, except as provided in subparagraph (F) of paragraph (2). The action element shall consider congestion management programming activities carried out within the region. (4) (A) A financial element that summarizes the cost of plan implementation constrained by a realistic projection of available revenues. The financial element shall also contain recommendations for allocation of funds. A county transportation commission created pursuant to Section 130000 of the Public Utilities Code shall be responsible for recommending projects to be funded with regional improvement funds, if the project is consistent with the regional transportation plan. The first five years of the financial element shall be based on the five-year estimate of funds developed pursuant to Section 14524. The financial element may recommend the development of specified new sources of revenue, consistent with the policy element and action element. (B) The financial element of transportation planning agencies with populations that exceed 200,000 persons may include a project cost breakdown for all projects proposed for development during the 20-year life of the plan that includes total expenditures and related percentages of total expenditures for all of the following: (i) State highway expansion. (ii) State highway rehabilitation, maintenance, and operations. (iii) Local road and street expansion. (iv) Local road and street rehabilitation, maintenance, and operation. (v) Mass transit, commuter rail, and intercity rail expansion. (vi) Mass transit, commuter rail, and intercity rail rehabilitation, maintenance, and operations. (vii) Pedestrian and bicycle facilities. (viii) Environmental enhancements and mitigation. (ix) Research and planning. (x) Other categories. (c) Each transportation planning agency may also include other factors of local significance as an element of the regional transportation plan, including, but not limited to, issues of mobility for specific sectors of the community, including, but not limited to, senior citizens. (d) Except as otherwise provided in this subdivision, each transportation planning agency shall adopt and submit, every four years, an updated regional transportation plan to the California Transportation Commission and the Department of Transportation. A transportation planning agency located in a federally designated air quality attainment area or that does not contain an urbanized area may at its option adopt and submit a regional transportation plan every five years. When applicable, the plan shall be consistent with federal planning and programming requirements and shall conform to the regional transportation plan guidelines adopted by the California Transportation Commission. Prior to adoption of the regional transportation plan, a public hearing shall be held after the giving of notice of the hearing by publication in the affected county or counties pursuant to Section 6061. SEC. 8. Section 65080.5 of the Government Code is amended to read: 65080.5. (a) For each area for which a transportation planning agency is designated under subdivision (c) of Section 29532, or adopts a resolution pursuant to subdivision (c) of Section 65080, the Department of Transportation, in cooperation with the tran~portation planning agency, and subject to subdivision (e), shall prepaLe the Page 7 of 16 1/1 o2iJ http://info.sen.ca.gov/pub/07 -08/bill/senlsb _ 0351-0400/sb _ 375_ bill_ 20070717 _amended _... 8/20/2007 SB 375 Senate Bill- AMENDED regional transportation plan, consistent with the requirements of Section 65080, and the updating thereto, for that area and submit it to the governing body or designated policy committee of the transportation planning agency for adoption. Prior to adoption, a public hearing shall be held, after the giving of notice of the hearing by publication in the affected county or counties pursuant to Section 6061. Prior to the adoption of the regional transportation improvement program by the transportation planning agency if it prepared the program, the transportation planning agency shall consider the relationship between the program and the adopted plan. The adopted plan and program, and the updating thereto, shall be submitted to the California Transportation Commission and the department pursuant to subdivision (b) of Section 65080. (b) In the case of a transportation planning agency designated under subdivision (c) of Section 29532, the transportation planning agency may prepare the regional transportation plan for the area under its jurisdiction pursuant to this chapter, if the transportation planning agency, prior to July I, 1978, adopts by resolution a declaration of intention to do so. (c) In those areas that have a county transportation commission created pursuant to Section 130050 of the Public Utilities Code, the multicounty designated transportation planning agency, as defined in Section 130004 of that code, shall prepare the regional transportation plan and the regional transportation improvement program in consultation with the county transportation commissions. (d) Any transportation planning agency which did not elect to prepare the initial regional transportation plan for the area under its jurisdiction, may prepare the updated plan if it adopts a resolution of intention to do so at least one year prior to the date when the updated plan is to be submitted to the California Transportation Commission. (e) If the department prepares or updates a regional transportation improvement program or regional transportation plan, or both, pursuant to this section, the state-local share of funding the preparation or updating of the plan and program shall be calculated on the same basis as though the preparation or updating were to be performed by the transportation planning agency and funded under Sections 99311, 99313, and 99314 of the Public Utilities Code. SEC. 9. Section 65081.3 of the Government Code is amended to read: 65081.3. (a) As a part of its adoption of the regional transportation plan, the designated county transportation commission, regional transportation planning agency, or the Metropolitan Transportation Commission may designate special corridors, which may include, but are not limited to, adopted state highway routes, which, in consultation with the Department of Transportation, cities, counties, and transit operators directly impacted by the corridor, are determined to be of statewide or regional priority for long-term right-of-way preservation. (b) Prior to designating a corridor for priority acquisition, the regional transportation planning agency shall do all of the following: (1) Establish geographic boundaries for the proposed corridor. (2) Complete a traffic survey, including a preliminary recommendation for transportation modal split, which generally describes the traffic and air quality impacts of the proposed corridor. (3) Consider the widest feasible range of possible transportatinn facilities that could be located in the corridor and the major Page 8 of 16 ~. ~ QJ) http://info.sen.ca.gov /pub/07 -08/bilVsen/sb _ 0351-0400/sb _375 _ bill_ 20070717 _amended _... 8/20/2007 SB 375 Senate Bill - AMENDED Page 9 of 16 I 3 c;f 02-0 environmental impacts they may cause to assist in making the corridor more environmentally sensitive and, in the long term, a more viable site for needed transportation improvements. (c) A designated corridor of statewide or regional priority shall be specifically considered in the certified environmental impact report completed for the adopted regional transportation plan required by the California Environmental Quality Act, which shall include a review of the environmental impacts of the possible transportation facilities which may be located in the corridor. The environmental impact report shall comply with the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code and shall include a survey within the corridor boundaries to determine if there exist any of the following: (1) Rare or endangered plant or animal species. (2) Historical or cultural sites of major significance. (3) Wetlands, vernal pools, or other naturally occurring features. (d) The regional transportation planning agency shall designate a corridor for priority acquisition only if, after a public hearing, it finds that the range of potential transportation facilities to be located in the corridor can be constructed in a manner which will avoid or mitigate significant environmental impacts or values identified in subdivision (c), consistent with the California Environmental Quality Act and the state and federal Endangered Species Acts. (e) Notwithstanding any other provision of this section, a corridor of statewide or regional priority may be designated as part of the regional transportation plan only if it is consistent with the preferred growth scenario of the regional transportation plari and it has previously been specifically defined in the plan required pursuant to Section 134 and is consistent with the plan required pursuant to Section 135 of Title 23 of the United States Code. SEC. 10. Section 65082 of the Government Code is amended to read: 65082. (a) (1) A five-year regional transportation improvement program shall be prepared, adopted, and submitted to the California Transportation Commission on or before December 15 of each odd-numbered year thereafter, updated every two years, pursuant to Sections 65080 and 65080.5 and the guidelines adopted pursuant to Section 14530.1, to include regional transportation improvement projects and programs proposed to be funded, in whole or in part, in the state transportation improvement program. Except as provided in subparagraph (F) of paragraph (2) of subdivision (b) of Section 65080, on and after January 1, 2009, projects and improvements to be funded shall be consistent with regional transportation plans. (2) Major projects shall include current costs updated as of November 1 of the year of submittal and escalated to the appropriate year, and be listed by relative priority, taking into account need, delivery milestone dates, and the availability of funding. (b) Except for those counties that do not prepare a congestion management program pursuant to Section 65088.3, congestion management programs adopted pursuant to Section 65089 shall be incorporated into the regional transportation improvement program submitted to the commission by December 15 of each odd-numbered year. (c) Local projects not included in a congestion management program shall not be included in the regional transportation improvement program. Projects and programs adopted pursuant to subdivision (a) shall be consistent with the capital improvement program adopted pursuant to paragraph (5) of subdivision (b) of Section 65089, and the guidelines adopted pursua~t to Section 14530.1. (d) Other projects may be included in the regional transportation http://info.sen.ca.gov/pub/07-08/bilVsen/sb_ 0351-0400/sb _375 _bill_20070717 _amended_... 8120/2007 SB 375 Senate Bill - AMENDED improvement program if listed separately. (e) Unless a county not containing urbanized areas of over 50,000 population notifies the Department of Transportation by July 1 that it intends to prepare a regional transportation improvement program for that county, the department shall, in consultation with the affected local agencies, prepare the program for all counties for which it prepares a regional transportation plan. (f) The requirements for incorporating a congestion management program into a regional transportation improvement program specified in this section do not apply in those counties that do not prepare a congestion management program in accordance with Section 65088.3. (g) The regional transportation improvement program may include a reserve of county shares for providing funds in order to match federal funds. SEC. 11. Section 65086.6 is added to the Government Code, to read: 65086.6. The following definitions apply to terms used in this chapter: (a) "Significant resource areas" include (1) all publicly owned parks and open space; (2) open space or habitat areas protected by natural community conservation plans, habitat conservation plans, and other adopted natural resource protection plans; (3) lands subject to conservation or agricultural easements and lands under Williamson Act contracts; (4) areas designated for open-space uses in adopted open-space elements of the local general plan or by local ordinance; (5) habitat for species identified as candidate, fully protected, sensitive, or species of special status by local, state, or federal agencies or protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plant Protection Act; (6) habitat blocks, linkages, or watershed units that protect regional populations of native species, including sensitive, endemic, keystone, and umbrella species, and the ecological processes that maintain them; and (7) floodplains. (b) "Significant farmland" means farmland that is classified as prime or unique farmland, or farmland of statewide importance and is outside all existing spheres of influence as of January 1, 2007. (c) "Consistent with the preferred growth scenario" or "consistent with the regional transportation plan" means that the capacity of the transportation projects or improvements does not exceed that which is necessary to provide reasonable service levels for the preferred growth scenario. SEC. 12. Section 65088.1 of the Government Code is amended to read: 65088.1. As used in this chapter the following terms have the following meanings: (a) Unless the context requires otherwise, "regional agency" means the agency responsible for preparation of the regional transportation improvement program. (b) Unless the context requires otherwise, "agency" means the agency responsible for the preparation and adoption of the congestion management program. (c) "Commission" means the California Transportation Commission. (d) "Department" means the Department of Transportation. (e) "Local jurisdiction" means a city, a county, or a city and county. (f) "Parking cash-out program" means an employer-funded program under which an employer offers to provide a cash allowance to an employee equivalent to the parking subsidy that the employer would otherwise pay to provide the employep with a parking space. "Parking subsidy" means the difference between the out-of-pocket amount paid Page 10 of 16 ILf oj M http://info.sen.ca.gov/pub/07-08/bill/senlsb_ 0351-0400/sb _375_ bill_20070717 _amended_oo. 8/20/2007 SB 375 Senate Bill- AMENDED by an employer on a regular basis in order to secure the availability of an employee parking space not owned by the employer and the price, if any, charged to an employee for use of that space. A parking cash-out program may include a requirement that employee participants certify that they will comply with guidelines established by the employer designed to avoid neighborhood parking problems, with a provision that employees not complying with the guidelines will no longer be eligible for the parking cash-out program. (g) "Infill opportunity zone" means a specific area designated by a city or county, pursuant to subdivision (c) of Section 65088.4, zoned for new compact residential or mixed-use development within one-third mile of a site with an existing or future rail transit station, a ferry terminal served by either a bus or rail transit service, an intersection of at least two major bus routes, or within 300 feet of a bus rapid transit corridor, in counties with a population over 400,000. An infill opportunity zone shall be consistent with the preferred growth scenario in the adopted regional transportation plan. The mixed-use development zoning shall consist of three or more land uses that facilitate significant human interaction in close proximity, with residential use as the primary land use supported by other land uses such as office, hotel, health care, hospital, entertainment, restaurant, retail, and service uses. The transit service shall have maximum scheduled headways of 15 minutes for at least 5 hours per day. A qualifying future rail station shall have broken ground on construction of the station and programmed operational funds to provide maximum scheduled headways of 15 minutes for at least 5 hours per day. (h) "Interregional travel" means any trips that originate outside the boundary of the agency. A "trip" means a one-direction vehicle movement. The origin of any trip is the starting point of that trip. A round trip consists of two individual trips. (i) "Level of service standard" is a threshold that defines a deficiency on the congestion management program highway and roadway system which requires the preparation of a deficiency plan. It is the intent of the Legislature that the agency shall use all elements of the program to implement strategies and actions that avoid the creation of deficiencies and to improve multimodal mobility. (j) "Multimodal" means the utilization of all available modes of travel that enhance the movement of people and goods, including, but not limited to, highway, transit, nonmotorized, and demand management strategies including, but not limited to, telecommuting. The availability and practicality of specific multimodal systems, projects, and strategies may vary by county and region in accordance with the size and complexity of different urbanized areas. (k) "Performance measure" is an analytical planning tool that is used to quantitatively evaluate transportation improvements and to assist in determining effective implementation actions, considering all modes and strategies. Use of a performance measure as part of the program does not trigger the requirement for the preparation of deficiency plans. () "Urbanized area" has the same meaning as is defined in the 1990 federal census for urbanized areas of more than 50,000 population. (m) "Bus rapid transit corridor" means a bus service that includes at least four of the following attributes: (1) Coordination with land use planning. (2) Exclusive right-of-way. (3) Improved passenger boarding facilities. (4) Limited stops. (5) Passenger boarding at the same height as the bus. Page 11 of 16 L5 ~ oUJ http://info.sen.ca.gov/pub/07-08/bill/sen/sb_ 0351-0400/sb _375 _ bill_20070717 _amended_... 8/2012007 SB 375 Senate Bill- AMENDED (6) Prepaid fares. (7) Real-time passenger information. (8) Traffic priority at intersections. (9) Signal priority. (10) Unique vehicles. SEC. 13. Section 65088.4 of the Government Code is amended to read: 65088.4. (a) It is the intent of the Legislature to balance the need for level of service standards for traffic with the need to build infill housing and mixed-use commercial developments within walking distance of mass transit facilities, downtowns, and town centers and to provide greater flexibility to local governments to balance these sometimes competing needs. (b) Notwithstanding any other provision of law, level of service standards described in Section 65089 shall not apply to the streets and highways within an infill opportunity zone. The city or county shall do either of the following: (1) Include these streets and highways under an alternative areawide level of service standard or multimodal composite or personal level of service standard that takes into account both of the following: (A) The broader benefits of regional traffic congestion reduction by siting new residential development within walking distance of, and no more than one-third mile from, mass transit stations, shops, and services, in a manner that reduces the need for long vehicle commutes and improves the jobs-housing balance. (B) Increased use of alternative transportation modes, such as mass transit, bicycling, and walking. (2) Approve a list of flexible level of service mitigation options that includes roadway expansion and investments in alternate modes of transportation that may include, but are not limited to, transit infrastructure, pedestrian infrastructure, and ridesharing, vanpool, or shuttle programs. (c) The city or county may designate an infill opportunity zone by adopting a resolution after determining that the infill opportunity zone is consistent with the general plan, any applicable specific plan, and any preferred growth scenario adopted pursuant to Section 65080. A city or county may not designate an infill opportunity zone after December 31, 2009. (d) The city or county in which the infill opportunity zone is located shall ensure that a development project shall be completed within the infill opportunity zone not more than four years after the date on which the city or county adopted its resolution pursuant to subdivision (c). If no development project is completed within an infill opportunity zone by the time limit imposed by this subdivision, the infill opportunity zone shall automatically terminate. SEC. 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 PREFERRED GROWTH SCENARIO 21155. (a) This chapter applies only within a local jurisdiction that has amended its general plan so that the land use, circulation, housing and open-space elements of the general plan are consistent with the preferred growth scenario most recently adopted by the metropolitan planning organization pursuant to Section 65080 of the Government Code for the region in which the local government is locatec'!. (b) For purposes of this section, the land use, ciLculation, Page 12 of 16 I k 1'dfJ http://info.sen.ca.gov/pub/07-08/bill/senlsb_ 0351-0400/sb _375_ bill_20070717 _amended_... 8/20/2007 SB 375 Senate Bill- AMENDED housing and open-space elements of the general plan are consistent with the preferred growth scenario only if all of the following requirements are met: (1) The land use and housing elements designate housing, retail, commercial, office, and industrial uses at levels of density and intensity sufficient to accomplish the goals of the preferred growth scenario for those locations. (2) The uses for lands identified in the preferred growth scenario as significant farmlands are limited to agricultural uses, including processing, packing, worker housing, and other ancillary agricultural uses. (3) The uses for areas that are identified in the preferred growth scenario as significant resource areas are limited to uses that are consistent with protection of all the resource values of those areas. (4) A local jurisdiction that meets the requirements of this section is an eligible local jurisdiction for purposes of this chapter. 21155.2. An environmental document prepared pursuant to this division is required to only examine the significant or potentially significant project specific impacts of a project located in an eligible local jurisdiction, if an environmental impact report has been certified on the preferred growth scenario and on the general plan amendments to conform to the preferred growth scenario, and the project meets all of the following requirements: (a) The project is a residential project or a residential or mixed-use project consisting of residential uses and primarily neighborhood-serving goods, services, or retail uses that do not exceed 25 percent of the total floor area of the project. (b) The project is on an infill site. (c) Any applicable mitigation measures approved in the final environmental impact reports on the regional transportation plan or the local general plan amendment have been or will be incorporated into the project. 21155.4. If the legislative body of an eligible local jurisdiction finds, after conducting a public hearing, that a project meets all of the requirements of subdivisions (a) and (b) and one of the requirements of subdivision (c), the project is declared to be a sustainable communities' project and no additional review is required pursuant to this division: (a) The project complies with all of the following environmental criteria: (1) The project and other projects approved prior to the approval of the project but not yet built can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees. (2) (A) The site of the project does not contain wetlands or riparian areas, does not have any significant value as a wildlife habitat, and the project does not harm any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or by the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and the project does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete. (B) For the purposes of this paragraph, "wetlands" has the same meaning as in rhe United States Fish and wildlife Service M~nual, Part 660 FW 2 (June 21, 1993). Page 13 of 16 11~oW http://info.sen.ca.gov/pub/07-08/bilVsen/sb_ 0351-0400/sb _375_ bill_20070717 _amended_... 8/20/2007 SB 375 Senate Bill - AMENDED (c) For the purposes of this paragraph, "riparian areas" means those areas transitional between terrestrial and aquatic ecosystems and that are distinguished by gradients in biophysical conditions, ecological processes, and biota. A riparian area is an area through which surface and subsurface hydrology connect waterbodies with their adjacent uplands. A riparian area includes those portions of terrestrial ecosystems that significantly influence exchanges of energy and matter with aquatic ecosystems. A riparian area is adjacent to perennial, intermittent, and ephemeral streams, lakes, and estuarine-marine shorelines. (D) For the purposes of this paragraph, "wildlife habitat" means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. (E) For the purposes of this paragraph, habitat of "significant value" includes wildlife habitat of national, statewide, regional, or local importance; habitat for species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plant Protection Act; habitat identified as candidate, fully protected, sensitive, or species of special status by local, state, or federal agencies; or habitat essential to the movement of resident or migratory wildlife. (3) The site of the project is not included on any list of facilities and sites compiled pursuant to Section 65962.5 of the Government Code. (4) The site of the project is subject to a preliminary endangerment assessment prepared by a registered environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. (A) If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements. (B) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements. (5) The project does not have a significant effect on historical resources pursuant to Section 21084.1. (6) The project site is not subject to any of the following: (A) A wildland fire hazard, as determined by the Department of Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard. (B) An unusually high risk of fire or explosion from materials stored or used on nearby properties. (C) Risk of a public health exposure at a level that would exceed the standards established by any state or federal agency. (D) Seismic risk as a result of being within a delineated earthquake fault zone, as determined pursuant to Section 2622, or a seismic hazard zone, as determined pursuant to Section 2696, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake fault or seismic hazard zone. (E) Landslide hazard, flood plain, flood way, or restriction zone, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood. (7) The project sit~ is not located on developed open space. (A) For the purposes of this paragraph, "developed open space" Page 14 of 16 12> ~ c20 http://info.sen.ca.gov/pub/07 -08/bill/senlsb _ 0351-0400/sb _ 375_ bill_ 20070717 _amended _00. 8/20/2007 SB 375 Senate Bill - AMENDED means land that meets all of the following criteria: (i) Is publicly owned, or financed in whole or in part by public funds. (ii) Is generally open to, and available for use by, the public. (iii) Is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools, ballfields, enclosed child play areas, and picnic facilities. (B) For the purposes of this paragraph, "developed open space" includes land that has been designated for acquisition by a public agency for developed open space, but does not include lands acquired by public funds dedicated to the acquisition of land for housing purposes. (8) The buildings in the project will comply with all green building standards required by the eligible local jurisdiction. (9) Any applicable mitigation measures approved in the final environmental impact reports on the regional transportation plan or the local general plan amendment have been or will be incorporated into the project. (b) The project meets all of the following land use criteria: (1) The project is located on an infill site. (2) The project is a residential project or a residential or mixed-use project consisting of residential uses and primarily neighborhood-serving goods, services, or retail uses that do not exceed 25 percent of the total floor area of the project. (3) The site of the project is not more than eight acres in total area. (4) The project does not contain more than 200 residential units. (5) The project density is at least equal to the applicable density level provided in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2 of the Government Code. (6) The project does not result in any loss in the number of affordable housing units within the project area. (7) The project does not include any single level building that exceeds 75,000 square feet. (8) The project is consistent with the general plan. (c) The project meets one of the criteria specified in paragraphs (1) to (4), inclusive: (1) The project meets both of the following: (A) At least 20 percent of the housing will be sold to families of moderate income, or not less than 10 percent of the housing will be rented to families of low income, or not less than 5 percent of the housing is rented to families of very low income. (B) The project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for very low, low-, and moderate-income households at monthly housing costs determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code. Rental units shall be affordable for at least 55 years. Ownership units shall be subject to resale restrictions or equity sharing requirements for at least 30 years. (2) The project developer has paid or will pay in-lieu fees pursuant to a local ordinance in an amount sufficient to result in the development of an equivalent number of units that would otherwise be required pursuant to paragraph (1). (3) The project is located within one-quarter mile of a major transit stop. (4) The project provides public open space equal to or greater than five acres per 1,000 residents of the project. 21155.5. (a) The legislative body of an eligible local Page 15 of 16 /4t ~cW http://info.sen.ca.gov/pub/07-08/bill/senlsb_ 0351-0400/sb _375_ bill_ 20070717 _amended _'.. 8/20/2007 SB 375 Senate Bill - AMENDED jurisdiction within an urbanized area may adopt traffic mitigation measures that would apply to all future residential projects. These measures shall be adopted or amended after a public hearing and may include requirements for the installation of traffic control improvements, street or road improvements, and contributions to road improvement or transit funds, transit passes for future residents, or other measures that will avoid or mitigate the traffic impacts of those future residential projects. (b) The traffic mitigation measures adopted pursuant to this section shall apply to all residential projects of at least 10 units per acre. (c) (1) A residential project seeking a land use approval is not required to comply with any additional mitigation measures required by paragraph (1) or (2) of subdivision (a) of Section 21081, for the traffic impacts of that project on intersections, streets, highways, freeways, or mass transit, if the eligible local jurisdiction issuing that land use approval has adopted traffic mitigation measures in accordance with this section. (2) Paragraph (1) does not restrict the authority of a local jurisdiction to adopt feasible mitigation measures with respect to the impacts of a project on pedestrian or bicycle safety. (d) The legislative body shall review its traffic mitigation measures and update them as needed at least every five years. SEC. 15. 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. Page 16 of 16 cJ<J) ~ OLD http://info.sen.ca.gov/pub/07-08/bill/senlsb _ 0351-0400/sb _375_ bill_20070717 _ amended_oo. 8/2012007