Amended IN Assembly March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1515Introduced by Assembly Member FriedmanFebruary 22, 2019 An act to amend Section 21099 of the Public Resources Code, relating to environmental quality. add and repeal Article 8.2 (commencing with Section 65458) of Chapter 3 of Division 1 of Title 7 of the Government Code, relating to land use.LEGISLATIVE COUNSEL'S DIGESTAB 1515, as amended, Friedman. California Environmental Quality Act: transit priority areas. Planning and zoning: community plans: review under the California Environmental Quality Act.The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development and the development of any land outside its boundaries that, in the planning agencys judgment, bears relation to its planning, as provided. After the legislative body has adopted a general plan, that law also authorizes, or if so directed by the legislative body, requires, the planning agency to prepare specific plans for the systematic implementation of the general plan for all or part of the area covered by the general plan, as provided.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 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 limits the review of a project under its provisions if the parcel is zoned or designated in a community plan to accommodate a particular density of development, an environmental impact report was certified for that zoning or planning action, and the project is consistent with the zoning or community plan, as specified. CEQA requires a court, if it finds that any determination, finding, or decision of a public agency has been made without compliance with CEQA, to enter an order that includes one or more specified mandates, including a mandate to void the determination, finding, or decision of the public agency.This bill, notwithstanding the above-described requirement for a court to enter an order under CEQA, would prohibit a court in an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of the local agency in adopting an update to a community plan on the grounds of noncompliance with CEQA from invalidating, reviewing, voiding, or setting aside the approval of a development project that meets certain requirements. The bill would define various terms for these purposes. The bill would specify that these provisions do not affect or alter the obligation of a project that is consistent with an approved community plan update to comply with CEQA. The bill would repeal these provisions as of January 1, 2025, but would provide that the repeal of these provisions does not affect any right or immunity granted by the bill to a development project that meets specified requirements before that date.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 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, develop, and transmit to the Secretary of the Natural Resources Agency for certification and adoption guidelines for the implementation of CEQA and requires the office to prepare, develop, and transmit revisions to those guidelines to establish criteria for determining the significance of transportation impacts of projects within transit priority areas. CEQA defines transit priority area to mean an area within 12 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, as specified.This bill would define transit priority area to mean an area within 12 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 or an applicable regional transportation plan.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares the following:(a) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) requires that the environmental impacts, if any, of updated community plans be identified and mitigated. The act also guarantees the public an opportunity to review and comment on the environmental impacts of a project and to participate meaningfully in the development of mitigation measures for potentially significant environmental impacts.(b) In many parts of the state, the city or county general plans cover so much geographic territory that local jurisdictions also adopt community plans that cover parts of that geographic territory. These community plans allow for tailored and responsive land use planning at the neighborhood level.(c) While most jurisdictions update the land use element of their general plan as part of their general plan update, those with multiple community plan areas update these documents individually, requiring community plans to be reviewed through separate reviews pursuant to the act. In some jurisdictions with multiple community plans, these plans have not been updated in recent years to reflect changing local priorities as well as efforts to improve air quality, reduce climate pollution, increase transit ridership, reduce vehicle miles traveled, and provide more affordable housing.(d) One significant obstacle to updating these plans is the uncertainty that results if the environmental review document prepared pursuant to the act for the community plan update is challenged in a court. During the litigation process, it is unclear whether the community plan or the update will be in effect, causing developers and planners great uncertainty and potentially delaying all development in that community plan area and affecting the ability to obtain the needed housing intended by the community plan update. SEC. 2. Article 8.2 (commencing with Section 65458) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read: Article 8.2. Community Plans65458. For purposes of this article:(a) Community plan means a plan that meets all of the following requirements:(1) The plan was adopted by a city or county for a defined geographic area within its jurisdictional boundaries.(2) The plan serves as the land use element, pursuant to subdivision (a) of Section 65302, for the area covered by the plan.(3) The plan has not been updated for more than 10 years before the operative date of this article.(4) The plan includes two or more transit priority areas, as defined in Section 21099 of the Public Resources Code.(5) The city or county that adopts the plan has adopted, on or after January 1, 2015, a circulation or mobility element as a part of the general plan. (6) The city or county that adopts the plan has a housing element that includes housing capacity to sufficiently accommodate regional housing needs projects as set forth in Section 65584.01.(7) The city or county that adopts the plan has adopted a vehicle miles traveled threshold of significance for the area covered by the plan in compliance with Section 15064.3 of Title 14 of the California Code of Regulations.(b) Development project has the same meaning as defined in Section 65928.(c) Update means a substantial amendment to a community plan that is intended to bring the community plan up to date with the most current land use policies and that includes amendments to both the plain text and plan land use map, as well as the adoption or amendment or any zoning ordinances necessary to bring zoning into consistency with the community plan.65458.1. Notwithstanding Section 21168.9 of the Public Resources Code, in any order that results from an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of the local agency in adopting an update to a community plan on the grounds of noncompliance with Division 13 (commencing with Section 21000) of the Public Resources Code, the court shall not invalidate, review, void, or set aside the approval of any development project for which either of the following applies:(a) The development project is approved before the court issues a stay in connection with the action or proceeding or an order or writ requiring the challenged environmental impact report or community plan update to be rescinded or set aside.(b) The application for the development project is deemed complete, pursuant to Section 65943, before the court issues a stay, order, or writ described in subdivision (a).65458.2. This article does not affect or alter the obligation of a project that is consistent with an approved community plan update to comply with Division 13 (commencing with Section 21000) of the Public Resources Code. 65458.3. (a) This article shall remain in effect only until January 1, 2025, and as of that date is repealed.(b) Notwithstanding subdivision (a), the repeal of this article pursuant to this section shall not affect any right or immunity granted pursuant to this article to a development project that meets the requirements specified in Section 65458.1 before January 1, 2025.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 or an applicable regional transportation plan.(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.(3)This subdivision does not relieve a public agency of the requirement to analyze a projects potentially significant transportation impacts related to air quality, noise, safety, or any other 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)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 Office of Planning and Research may adopt 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 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.
Amended IN Assembly March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1515Introduced by Assembly Member FriedmanFebruary 22, 2019 An act to amend Section 21099 of the Public Resources Code, relating to environmental quality. add and repeal Article 8.2 (commencing with Section 65458) of Chapter 3 of Division 1 of Title 7 of the Government Code, relating to land use.LEGISLATIVE COUNSEL'S DIGESTAB 1515, as amended, Friedman. California Environmental Quality Act: transit priority areas. Planning and zoning: community plans: review under the California Environmental Quality Act.The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development and the development of any land outside its boundaries that, in the planning agencys judgment, bears relation to its planning, as provided. After the legislative body has adopted a general plan, that law also authorizes, or if so directed by the legislative body, requires, the planning agency to prepare specific plans for the systematic implementation of the general plan for all or part of the area covered by the general plan, as provided.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 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 limits the review of a project under its provisions if the parcel is zoned or designated in a community plan to accommodate a particular density of development, an environmental impact report was certified for that zoning or planning action, and the project is consistent with the zoning or community plan, as specified. CEQA requires a court, if it finds that any determination, finding, or decision of a public agency has been made without compliance with CEQA, to enter an order that includes one or more specified mandates, including a mandate to void the determination, finding, or decision of the public agency.This bill, notwithstanding the above-described requirement for a court to enter an order under CEQA, would prohibit a court in an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of the local agency in adopting an update to a community plan on the grounds of noncompliance with CEQA from invalidating, reviewing, voiding, or setting aside the approval of a development project that meets certain requirements. The bill would define various terms for these purposes. The bill would specify that these provisions do not affect or alter the obligation of a project that is consistent with an approved community plan update to comply with CEQA. The bill would repeal these provisions as of January 1, 2025, but would provide that the repeal of these provisions does not affect any right or immunity granted by the bill to a development project that meets specified requirements before that date.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 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, develop, and transmit to the Secretary of the Natural Resources Agency for certification and adoption guidelines for the implementation of CEQA and requires the office to prepare, develop, and transmit revisions to those guidelines to establish criteria for determining the significance of transportation impacts of projects within transit priority areas. CEQA defines transit priority area to mean an area within 12 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, as specified.This bill would define transit priority area to mean an area within 12 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 or an applicable regional transportation plan.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YESNO Local Program: NO
Amended IN Assembly March 28, 2019
Amended IN Assembly March 28, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1515
Introduced by Assembly Member FriedmanFebruary 22, 2019
Introduced by Assembly Member Friedman
February 22, 2019
An act to amend Section 21099 of the Public Resources Code, relating to environmental quality. add and repeal Article 8.2 (commencing with Section 65458) of Chapter 3 of Division 1 of Title 7 of the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1515, as amended, Friedman. California Environmental Quality Act: transit priority areas. Planning and zoning: community plans: review under the California Environmental Quality Act.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development and the development of any land outside its boundaries that, in the planning agencys judgment, bears relation to its planning, as provided. After the legislative body has adopted a general plan, that law also authorizes, or if so directed by the legislative body, requires, the planning agency to prepare specific plans for the systematic implementation of the general plan for all or part of the area covered by the general plan, as provided.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 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 limits the review of a project under its provisions if the parcel is zoned or designated in a community plan to accommodate a particular density of development, an environmental impact report was certified for that zoning or planning action, and the project is consistent with the zoning or community plan, as specified. CEQA requires a court, if it finds that any determination, finding, or decision of a public agency has been made without compliance with CEQA, to enter an order that includes one or more specified mandates, including a mandate to void the determination, finding, or decision of the public agency.This bill, notwithstanding the above-described requirement for a court to enter an order under CEQA, would prohibit a court in an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of the local agency in adopting an update to a community plan on the grounds of noncompliance with CEQA from invalidating, reviewing, voiding, or setting aside the approval of a development project that meets certain requirements. The bill would define various terms for these purposes. The bill would specify that these provisions do not affect or alter the obligation of a project that is consistent with an approved community plan update to comply with CEQA. The bill would repeal these provisions as of January 1, 2025, but would provide that the repeal of these provisions does not affect any right or immunity granted by the bill to a development project that meets specified requirements before that date.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 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, develop, and transmit to the Secretary of the Natural Resources Agency for certification and adoption guidelines for the implementation of CEQA and requires the office to prepare, develop, and transmit revisions to those guidelines to establish criteria for determining the significance of transportation impacts of projects within transit priority areas. CEQA defines transit priority area to mean an area within 12 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, as specified.This bill would define transit priority area to mean an area within 12 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 or an applicable regional transportation plan.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development and the development of any land outside its boundaries that, in the planning agencys judgment, bears relation to its planning, as provided. After the legislative body has adopted a general plan, that law also authorizes, or if so directed by the legislative body, requires, the planning agency to prepare specific plans for the systematic implementation of the general plan for all or part of the area covered by the general plan, as provided.
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 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 limits the review of a project under its provisions if the parcel is zoned or designated in a community plan to accommodate a particular density of development, an environmental impact report was certified for that zoning or planning action, and the project is consistent with the zoning or community plan, as specified. CEQA requires a court, if it finds that any determination, finding, or decision of a public agency has been made without compliance with CEQA, to enter an order that includes one or more specified mandates, including a mandate to void the determination, finding, or decision of the public agency.
This bill, notwithstanding the above-described requirement for a court to enter an order under CEQA, would prohibit a court in an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of the local agency in adopting an update to a community plan on the grounds of noncompliance with CEQA from invalidating, reviewing, voiding, or setting aside the approval of a development project that meets certain requirements. The bill would define various terms for these purposes. The bill would specify that these provisions do not affect or alter the obligation of a project that is consistent with an approved community plan update to comply with CEQA. The bill would repeal these provisions as of January 1, 2025, but would provide that the repeal of these provisions does not affect any right or immunity granted by the bill to a development project that meets specified requirements before that date.
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 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, develop, and transmit to the Secretary of the Natural Resources Agency for certification and adoption guidelines for the implementation of CEQA and requires the office to prepare, develop, and transmit revisions to those guidelines to establish criteria for determining the significance of transportation impacts of projects within transit priority areas. CEQA defines transit priority area to mean an area within 12 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, as specified.
This bill would define transit priority area to mean an area within 12 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 or an applicable regional transportation plan.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares the following:(a) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) requires that the environmental impacts, if any, of updated community plans be identified and mitigated. The act also guarantees the public an opportunity to review and comment on the environmental impacts of a project and to participate meaningfully in the development of mitigation measures for potentially significant environmental impacts.(b) In many parts of the state, the city or county general plans cover so much geographic territory that local jurisdictions also adopt community plans that cover parts of that geographic territory. These community plans allow for tailored and responsive land use planning at the neighborhood level.(c) While most jurisdictions update the land use element of their general plan as part of their general plan update, those with multiple community plan areas update these documents individually, requiring community plans to be reviewed through separate reviews pursuant to the act. In some jurisdictions with multiple community plans, these plans have not been updated in recent years to reflect changing local priorities as well as efforts to improve air quality, reduce climate pollution, increase transit ridership, reduce vehicle miles traveled, and provide more affordable housing.(d) One significant obstacle to updating these plans is the uncertainty that results if the environmental review document prepared pursuant to the act for the community plan update is challenged in a court. During the litigation process, it is unclear whether the community plan or the update will be in effect, causing developers and planners great uncertainty and potentially delaying all development in that community plan area and affecting the ability to obtain the needed housing intended by the community plan update. SEC. 2. Article 8.2 (commencing with Section 65458) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read: Article 8.2. Community Plans65458. For purposes of this article:(a) Community plan means a plan that meets all of the following requirements:(1) The plan was adopted by a city or county for a defined geographic area within its jurisdictional boundaries.(2) The plan serves as the land use element, pursuant to subdivision (a) of Section 65302, for the area covered by the plan.(3) The plan has not been updated for more than 10 years before the operative date of this article.(4) The plan includes two or more transit priority areas, as defined in Section 21099 of the Public Resources Code.(5) The city or county that adopts the plan has adopted, on or after January 1, 2015, a circulation or mobility element as a part of the general plan. (6) The city or county that adopts the plan has a housing element that includes housing capacity to sufficiently accommodate regional housing needs projects as set forth in Section 65584.01.(7) The city or county that adopts the plan has adopted a vehicle miles traveled threshold of significance for the area covered by the plan in compliance with Section 15064.3 of Title 14 of the California Code of Regulations.(b) Development project has the same meaning as defined in Section 65928.(c) Update means a substantial amendment to a community plan that is intended to bring the community plan up to date with the most current land use policies and that includes amendments to both the plain text and plan land use map, as well as the adoption or amendment or any zoning ordinances necessary to bring zoning into consistency with the community plan.65458.1. Notwithstanding Section 21168.9 of the Public Resources Code, in any order that results from an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of the local agency in adopting an update to a community plan on the grounds of noncompliance with Division 13 (commencing with Section 21000) of the Public Resources Code, the court shall not invalidate, review, void, or set aside the approval of any development project for which either of the following applies:(a) The development project is approved before the court issues a stay in connection with the action or proceeding or an order or writ requiring the challenged environmental impact report or community plan update to be rescinded or set aside.(b) The application for the development project is deemed complete, pursuant to Section 65943, before the court issues a stay, order, or writ described in subdivision (a).65458.2. This article does not affect or alter the obligation of a project that is consistent with an approved community plan update to comply with Division 13 (commencing with Section 21000) of the Public Resources Code. 65458.3. (a) This article shall remain in effect only until January 1, 2025, and as of that date is repealed.(b) Notwithstanding subdivision (a), the repeal of this article pursuant to this section shall not affect any right or immunity granted pursuant to this article to a development project that meets the requirements specified in Section 65458.1 before January 1, 2025.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 or an applicable regional transportation plan.(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.(3)This subdivision does not relieve a public agency of the requirement to analyze a projects potentially significant transportation impacts related to air quality, noise, safety, or any other 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)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 Office of Planning and Research may adopt 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 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares the following:(a) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) requires that the environmental impacts, if any, of updated community plans be identified and mitigated. The act also guarantees the public an opportunity to review and comment on the environmental impacts of a project and to participate meaningfully in the development of mitigation measures for potentially significant environmental impacts.(b) In many parts of the state, the city or county general plans cover so much geographic territory that local jurisdictions also adopt community plans that cover parts of that geographic territory. These community plans allow for tailored and responsive land use planning at the neighborhood level.(c) While most jurisdictions update the land use element of their general plan as part of their general plan update, those with multiple community plan areas update these documents individually, requiring community plans to be reviewed through separate reviews pursuant to the act. In some jurisdictions with multiple community plans, these plans have not been updated in recent years to reflect changing local priorities as well as efforts to improve air quality, reduce climate pollution, increase transit ridership, reduce vehicle miles traveled, and provide more affordable housing.(d) One significant obstacle to updating these plans is the uncertainty that results if the environmental review document prepared pursuant to the act for the community plan update is challenged in a court. During the litigation process, it is unclear whether the community plan or the update will be in effect, causing developers and planners great uncertainty and potentially delaying all development in that community plan area and affecting the ability to obtain the needed housing intended by the community plan update.
SECTION 1. The Legislature finds and declares the following:(a) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) requires that the environmental impacts, if any, of updated community plans be identified and mitigated. The act also guarantees the public an opportunity to review and comment on the environmental impacts of a project and to participate meaningfully in the development of mitigation measures for potentially significant environmental impacts.(b) In many parts of the state, the city or county general plans cover so much geographic territory that local jurisdictions also adopt community plans that cover parts of that geographic territory. These community plans allow for tailored and responsive land use planning at the neighborhood level.(c) While most jurisdictions update the land use element of their general plan as part of their general plan update, those with multiple community plan areas update these documents individually, requiring community plans to be reviewed through separate reviews pursuant to the act. In some jurisdictions with multiple community plans, these plans have not been updated in recent years to reflect changing local priorities as well as efforts to improve air quality, reduce climate pollution, increase transit ridership, reduce vehicle miles traveled, and provide more affordable housing.(d) One significant obstacle to updating these plans is the uncertainty that results if the environmental review document prepared pursuant to the act for the community plan update is challenged in a court. During the litigation process, it is unclear whether the community plan or the update will be in effect, causing developers and planners great uncertainty and potentially delaying all development in that community plan area and affecting the ability to obtain the needed housing intended by the community plan update.
SECTION 1. The Legislature finds and declares the following:
### SECTION 1.
(a) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) requires that the environmental impacts, if any, of updated community plans be identified and mitigated. The act also guarantees the public an opportunity to review and comment on the environmental impacts of a project and to participate meaningfully in the development of mitigation measures for potentially significant environmental impacts.
(b) In many parts of the state, the city or county general plans cover so much geographic territory that local jurisdictions also adopt community plans that cover parts of that geographic territory. These community plans allow for tailored and responsive land use planning at the neighborhood level.
(c) While most jurisdictions update the land use element of their general plan as part of their general plan update, those with multiple community plan areas update these documents individually, requiring community plans to be reviewed through separate reviews pursuant to the act. In some jurisdictions with multiple community plans, these plans have not been updated in recent years to reflect changing local priorities as well as efforts to improve air quality, reduce climate pollution, increase transit ridership, reduce vehicle miles traveled, and provide more affordable housing.
(d) One significant obstacle to updating these plans is the uncertainty that results if the environmental review document prepared pursuant to the act for the community plan update is challenged in a court. During the litigation process, it is unclear whether the community plan or the update will be in effect, causing developers and planners great uncertainty and potentially delaying all development in that community plan area and affecting the ability to obtain the needed housing intended by the community plan update.
SEC. 2. Article 8.2 (commencing with Section 65458) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read: Article 8.2. Community Plans65458. For purposes of this article:(a) Community plan means a plan that meets all of the following requirements:(1) The plan was adopted by a city or county for a defined geographic area within its jurisdictional boundaries.(2) The plan serves as the land use element, pursuant to subdivision (a) of Section 65302, for the area covered by the plan.(3) The plan has not been updated for more than 10 years before the operative date of this article.(4) The plan includes two or more transit priority areas, as defined in Section 21099 of the Public Resources Code.(5) The city or county that adopts the plan has adopted, on or after January 1, 2015, a circulation or mobility element as a part of the general plan. (6) The city or county that adopts the plan has a housing element that includes housing capacity to sufficiently accommodate regional housing needs projects as set forth in Section 65584.01.(7) The city or county that adopts the plan has adopted a vehicle miles traveled threshold of significance for the area covered by the plan in compliance with Section 15064.3 of Title 14 of the California Code of Regulations.(b) Development project has the same meaning as defined in Section 65928.(c) Update means a substantial amendment to a community plan that is intended to bring the community plan up to date with the most current land use policies and that includes amendments to both the plain text and plan land use map, as well as the adoption or amendment or any zoning ordinances necessary to bring zoning into consistency with the community plan.65458.1. Notwithstanding Section 21168.9 of the Public Resources Code, in any order that results from an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of the local agency in adopting an update to a community plan on the grounds of noncompliance with Division 13 (commencing with Section 21000) of the Public Resources Code, the court shall not invalidate, review, void, or set aside the approval of any development project for which either of the following applies:(a) The development project is approved before the court issues a stay in connection with the action or proceeding or an order or writ requiring the challenged environmental impact report or community plan update to be rescinded or set aside.(b) The application for the development project is deemed complete, pursuant to Section 65943, before the court issues a stay, order, or writ described in subdivision (a).65458.2. This article does not affect or alter the obligation of a project that is consistent with an approved community plan update to comply with Division 13 (commencing with Section 21000) of the Public Resources Code. 65458.3. (a) This article shall remain in effect only until January 1, 2025, and as of that date is repealed.(b) Notwithstanding subdivision (a), the repeal of this article pursuant to this section shall not affect any right or immunity granted pursuant to this article to a development project that meets the requirements specified in Section 65458.1 before January 1, 2025.
SEC. 2. Article 8.2 (commencing with Section 65458) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read:
### SEC. 2.
Article 8.2. Community Plans65458. For purposes of this article:(a) Community plan means a plan that meets all of the following requirements:(1) The plan was adopted by a city or county for a defined geographic area within its jurisdictional boundaries.(2) The plan serves as the land use element, pursuant to subdivision (a) of Section 65302, for the area covered by the plan.(3) The plan has not been updated for more than 10 years before the operative date of this article.(4) The plan includes two or more transit priority areas, as defined in Section 21099 of the Public Resources Code.(5) The city or county that adopts the plan has adopted, on or after January 1, 2015, a circulation or mobility element as a part of the general plan. (6) The city or county that adopts the plan has a housing element that includes housing capacity to sufficiently accommodate regional housing needs projects as set forth in Section 65584.01.(7) The city or county that adopts the plan has adopted a vehicle miles traveled threshold of significance for the area covered by the plan in compliance with Section 15064.3 of Title 14 of the California Code of Regulations.(b) Development project has the same meaning as defined in Section 65928.(c) Update means a substantial amendment to a community plan that is intended to bring the community plan up to date with the most current land use policies and that includes amendments to both the plain text and plan land use map, as well as the adoption or amendment or any zoning ordinances necessary to bring zoning into consistency with the community plan.65458.1. Notwithstanding Section 21168.9 of the Public Resources Code, in any order that results from an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of the local agency in adopting an update to a community plan on the grounds of noncompliance with Division 13 (commencing with Section 21000) of the Public Resources Code, the court shall not invalidate, review, void, or set aside the approval of any development project for which either of the following applies:(a) The development project is approved before the court issues a stay in connection with the action or proceeding or an order or writ requiring the challenged environmental impact report or community plan update to be rescinded or set aside.(b) The application for the development project is deemed complete, pursuant to Section 65943, before the court issues a stay, order, or writ described in subdivision (a).65458.2. This article does not affect or alter the obligation of a project that is consistent with an approved community plan update to comply with Division 13 (commencing with Section 21000) of the Public Resources Code. 65458.3. (a) This article shall remain in effect only until January 1, 2025, and as of that date is repealed.(b) Notwithstanding subdivision (a), the repeal of this article pursuant to this section shall not affect any right or immunity granted pursuant to this article to a development project that meets the requirements specified in Section 65458.1 before January 1, 2025.
Article 8.2. Community Plans65458. For purposes of this article:(a) Community plan means a plan that meets all of the following requirements:(1) The plan was adopted by a city or county for a defined geographic area within its jurisdictional boundaries.(2) The plan serves as the land use element, pursuant to subdivision (a) of Section 65302, for the area covered by the plan.(3) The plan has not been updated for more than 10 years before the operative date of this article.(4) The plan includes two or more transit priority areas, as defined in Section 21099 of the Public Resources Code.(5) The city or county that adopts the plan has adopted, on or after January 1, 2015, a circulation or mobility element as a part of the general plan. (6) The city or county that adopts the plan has a housing element that includes housing capacity to sufficiently accommodate regional housing needs projects as set forth in Section 65584.01.(7) The city or county that adopts the plan has adopted a vehicle miles traveled threshold of significance for the area covered by the plan in compliance with Section 15064.3 of Title 14 of the California Code of Regulations.(b) Development project has the same meaning as defined in Section 65928.(c) Update means a substantial amendment to a community plan that is intended to bring the community plan up to date with the most current land use policies and that includes amendments to both the plain text and plan land use map, as well as the adoption or amendment or any zoning ordinances necessary to bring zoning into consistency with the community plan.65458.1. Notwithstanding Section 21168.9 of the Public Resources Code, in any order that results from an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of the local agency in adopting an update to a community plan on the grounds of noncompliance with Division 13 (commencing with Section 21000) of the Public Resources Code, the court shall not invalidate, review, void, or set aside the approval of any development project for which either of the following applies:(a) The development project is approved before the court issues a stay in connection with the action or proceeding or an order or writ requiring the challenged environmental impact report or community plan update to be rescinded or set aside.(b) The application for the development project is deemed complete, pursuant to Section 65943, before the court issues a stay, order, or writ described in subdivision (a).65458.2. This article does not affect or alter the obligation of a project that is consistent with an approved community plan update to comply with Division 13 (commencing with Section 21000) of the Public Resources Code. 65458.3. (a) This article shall remain in effect only until January 1, 2025, and as of that date is repealed.(b) Notwithstanding subdivision (a), the repeal of this article pursuant to this section shall not affect any right or immunity granted pursuant to this article to a development project that meets the requirements specified in Section 65458.1 before January 1, 2025.
Article 8.2. Community Plans
Article 8.2. Community Plans
65458. For purposes of this article:(a) Community plan means a plan that meets all of the following requirements:(1) The plan was adopted by a city or county for a defined geographic area within its jurisdictional boundaries.(2) The plan serves as the land use element, pursuant to subdivision (a) of Section 65302, for the area covered by the plan.(3) The plan has not been updated for more than 10 years before the operative date of this article.(4) The plan includes two or more transit priority areas, as defined in Section 21099 of the Public Resources Code.(5) The city or county that adopts the plan has adopted, on or after January 1, 2015, a circulation or mobility element as a part of the general plan. (6) The city or county that adopts the plan has a housing element that includes housing capacity to sufficiently accommodate regional housing needs projects as set forth in Section 65584.01.(7) The city or county that adopts the plan has adopted a vehicle miles traveled threshold of significance for the area covered by the plan in compliance with Section 15064.3 of Title 14 of the California Code of Regulations.(b) Development project has the same meaning as defined in Section 65928.(c) Update means a substantial amendment to a community plan that is intended to bring the community plan up to date with the most current land use policies and that includes amendments to both the plain text and plan land use map, as well as the adoption or amendment or any zoning ordinances necessary to bring zoning into consistency with the community plan.
65458. For purposes of this article:
(a) Community plan means a plan that meets all of the following requirements:
(1) The plan was adopted by a city or county for a defined geographic area within its jurisdictional boundaries.
(2) The plan serves as the land use element, pursuant to subdivision (a) of Section 65302, for the area covered by the plan.
(3) The plan has not been updated for more than 10 years before the operative date of this article.
(4) The plan includes two or more transit priority areas, as defined in Section 21099 of the Public Resources Code.
(5) The city or county that adopts the plan has adopted, on or after January 1, 2015, a circulation or mobility element as a part of the general plan.
(6) The city or county that adopts the plan has a housing element that includes housing capacity to sufficiently accommodate regional housing needs projects as set forth in Section 65584.01.
(7) The city or county that adopts the plan has adopted a vehicle miles traveled threshold of significance for the area covered by the plan in compliance with Section 15064.3 of Title 14 of the California Code of Regulations.
(b) Development project has the same meaning as defined in Section 65928.
(c) Update means a substantial amendment to a community plan that is intended to bring the community plan up to date with the most current land use policies and that includes amendments to both the plain text and plan land use map, as well as the adoption or amendment or any zoning ordinances necessary to bring zoning into consistency with the community plan.
65458.1. Notwithstanding Section 21168.9 of the Public Resources Code, in any order that results from an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of the local agency in adopting an update to a community plan on the grounds of noncompliance with Division 13 (commencing with Section 21000) of the Public Resources Code, the court shall not invalidate, review, void, or set aside the approval of any development project for which either of the following applies:(a) The development project is approved before the court issues a stay in connection with the action or proceeding or an order or writ requiring the challenged environmental impact report or community plan update to be rescinded or set aside.(b) The application for the development project is deemed complete, pursuant to Section 65943, before the court issues a stay, order, or writ described in subdivision (a).
65458.1. Notwithstanding Section 21168.9 of the Public Resources Code, in any order that results from an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of the local agency in adopting an update to a community plan on the grounds of noncompliance with Division 13 (commencing with Section 21000) of the Public Resources Code, the court shall not invalidate, review, void, or set aside the approval of any development project for which either of the following applies:
(a) The development project is approved before the court issues a stay in connection with the action or proceeding or an order or writ requiring the challenged environmental impact report or community plan update to be rescinded or set aside.
(b) The application for the development project is deemed complete, pursuant to Section 65943, before the court issues a stay, order, or writ described in subdivision (a).
65458.2. This article does not affect or alter the obligation of a project that is consistent with an approved community plan update to comply with Division 13 (commencing with Section 21000) of the Public Resources Code.
65458.2. This article does not affect or alter the obligation of a project that is consistent with an approved community plan update to comply with Division 13 (commencing with Section 21000) of the Public Resources Code.
65458.3. (a) This article shall remain in effect only until January 1, 2025, and as of that date is repealed.(b) Notwithstanding subdivision (a), the repeal of this article pursuant to this section shall not affect any right or immunity granted pursuant to this article to a development project that meets the requirements specified in Section 65458.1 before January 1, 2025.
65458.3. (a) This article shall remain in effect only until January 1, 2025, and as of that date is repealed.
(b) Notwithstanding subdivision (a), the repeal of this article pursuant to this section shall not affect any right or immunity granted pursuant to this article to a development project that meets the requirements specified in Section 65458.1 before January 1, 2025.
(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 or an applicable regional transportation plan.
(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.
(3)This subdivision does not relieve a public agency of the requirement to analyze a projects potentially significant transportation impacts related to air quality, noise, safety, or any other 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)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 Office of Planning and Research may adopt 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 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.