BILL NUMBER: AB 779 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Cristina Garcia
FEBRUARY 25, 2015
An act to amend Section 65040.9 of the Government
Section 21099 of the Public Resources Code,
relating to land use. environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
AB 779, as amended, Cristina Garcia. Office of Planning
and Research: advisory planning handbook.
Environmental quality: transit priority areas.
(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.
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.
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.
(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.
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.
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.
This bill would make nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21099 of the Public
Resources Code is amended to read:
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 major 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.
(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.
(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.
(3)
(2) This subdivision does not relieve a public agency
of the requirement to analyze a project's potentially significant
transportation impacts related to other air quality,
noise, or safety, or any other nongreenhouse gas
emissions related impact associated with transportation.
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.
(4)
(3) 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.
(5) On or before July 1, 2014, the Office of Planning and Research
shall circulate a draft revision prepared pursuant to paragraph (1).
(c) (1) The Pursuant to Section 21083, the
Office of Planning and Research may adopt
prepare and the Secretary of the Natural Resources Agency may
adopt revisions to the guidelines pursuant to Section
21083 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.
(2) This subdivision shall not affect the standard of review that
would apply to the new guidelines adopted pursuant to this section.
(d) (1) Aesthetic Automobile
delay, as described solely by level of service or similar measure of
vehicular capacity or traffic congestion, aesthetic, 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.
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.