21155. (a) This chapter applies only to a transit priority project
that is consistent with the general use designation, density,
building intensity, and applicable policies specified for the project
area in either a sustainable communities strategy or an alternative
planning strategy, for which the State Air Resources Board, pursuant
to subparagraph (H) of paragraph (2) of subdivision (b) of Section
65080 of the Government Code, has accepted a metropolitan planning
organization's determination that the sustainable communities
strategy or the alternative planning strategy would, if implemented,
achieve the greenhouse gas emission reduction targets.
(b) For purposes of this chapter, a transit priority project shall
(1) contain at least 50 percent residential use, based on total
building square footage and, if the project contains between 26
percent and 50 percent nonresidential uses, a floor area ratio of not
less than 0.75; (2) provide a minimum net density of at least 20
dwelling units per acre; and (3) be within one-half mile of a major
transit stop or high-quality transit corridor included in a regional
transportation plan. A major transit stop is as defined in Section
21064.3, except that, for purposes of this section, it also includes
major transit stops that are included in the applicable regional
transportation plan. For purposes of this section, a high-quality
transit corridor means a corridor with fixed route bus service with
service intervals no longer than 15 minutes during peak commute
hours. A project shall be considered to be within one-half mile of a
major transit stop or high-quality transit corridor if all parcels
within the project have no more than 25 percent of their area farther
than one-half mile from the stop or corridor and if not more than 10
percent of the residential units or 100 units, whichever is less, in
the project are farther than one-half mile from the stop or
corridor.
21155.1. If the legislative body finds, after conducting a public
hearing, that a transit priority project meets all of the
requirements of subdivisions (a) and (b) and one of the requirements
of subdivision (c), the transit priority project is declared to be a
sustainable communities project and shall be exempt from this
division.
(a) The transit priority project complies with all of the
following environmental criteria:
(1) The transit priority project and other projects approved prior
to the approval of the transit priority project but not yet built
can be adequately served by existing utilities, and the transit
priority project applicant has paid, or has committed to pay, all
applicable in-lieu or development fees.
(2) (A) The site of the transit priority project does not contain
wetlands or riparian areas and does not have significant value as a
wildlife habitat, and the transit priority project does not harm any
species protected by the federal Endangered Species Act of 1973 (16
U.S.C. Sec. 1531 et seq.), the Native Plant Protection Act (Chapter
10 (commencing with Section 1900) of Division 2 of the Fish and Game
Code), or the California Endangered Species Act (Chapter 1.5
(commencing with Section 2050) of Division 3 of the Fish and Game
Code), and the project does not cause the destruction or removal of
any species protected by a local ordinance in effect at the time the
application for the project was deemed complete.
(B) For the purposes of this paragraph, "wetlands" has the same
meaning as in the United States Fish and Wildlife Service Manual,
Part 660 FW 2 (June 21, 1993).
(C) For the purposes of this paragraph:
(i) "Riparian areas" means those areas transitional between
terrestrial and aquatic ecosystems and that are distinguished by
gradients in biophysical conditions, ecological processes, and biota.
A riparian area is an area through which surface and subsurface
hydrology connect waterbodies with their adjacent uplands. A riparian
area includes those portions of terrestrial ecosystems that
significantly influence exchanges of energy and matter with aquatic
ecosystems. A riparian area is adjacent to perennial, intermittent,
and ephemeral streams, lakes, and estuarine-marine shorelines.
(ii) "Wildlife habitat" means the ecological communities upon
which wild animals, birds, plants, fish, amphibians, and
invertebrates depend for their conservation and protection.
(iii) Habitat of "significant value" includes wildlife habitat of
national, statewide, regional, or local importance; habitat for
species protected by the federal Endangered Species Act of 1973 (16
U.S.C. Sec. 1531, et seq.), the California Endangered Species Act
(Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish
and Game Code), or the Native Plant Protection Act (Chapter 10
(commencing with Section 1900) of Division 2 of the Fish and Game
Code); habitat identified as candidate, fully protected, sensitive,
or species of special status by local, state, or federal agencies; or
habitat essential to the movement of resident or migratory wildlife.
(3) The site of the transit priority project is not included on
any list of facilities and sites compiled pursuant to Section 65962.5
of the Government Code.
(4) The site of the transit priority project is subject to a
preliminary endangerment assessment prepared by a registered
environmental assessor to determine the existence of any release of a
hazardous substance on the site and to determine the potential for
exposure of future occupants to significant health hazards from any
nearby property or activity.
(A) If a release of a hazardous substance is found to exist on the
site, the release shall be removed or any significant effects of the
release shall be mitigated to a level of insignificance in
compliance with state and federal requirements.
(B) If a potential for exposure to significant hazards from
surrounding properties or activities is found to exist, the effects
of the potential exposure shall be mitigated to a level of
insignificance in compliance with state and federal requirements.
(5) The transit priority project does not have a significant
effect on historical resources pursuant to Section 21084.1.
(6) The transit priority project site is not subject to any of the
following:
(A) A wildland fire hazard, as determined by the Department of
Forestry and Fire Protection, unless the applicable general plan or
zoning ordinance contains provisions to mitigate the risk of a
wildland fire hazard.
(B) An unusually high risk of fire or explosion from materials
stored or used on nearby properties.
(C) Risk of a public health exposure at a level that would exceed
the standards established by any state or federal agency.
(D) Seismic risk as a result of being within a delineated
earthquake fault zone, as determined pursuant to Section 2622, or a
seismic hazard zone, as determined pursuant to Section 2696, unless
the applicable general plan or zoning ordinance contains provisions
to mitigate the risk of an earthquake fault or seismic hazard zone.
(E) Landslide hazard, flood plain, flood way, or restriction zone,
unless the applicable general plan or zoning ordinance contains
provisions to mitigate the risk of a landslide or flood.
(7) The transit priority project site is not located on developed
open space.
(A) For the purposes of this paragraph, "developed open space"
means land that meets all of the following criteria:
(i) Is publicly owned, or financed in whole or in part by public
funds.
(ii) Is generally open to, and available for use by, the public.
(iii) Is predominantly lacking in structural development other
than structures associated with open spaces, including, but not
limited to, playgrounds, swimming pools, ballfields, enclosed child
play areas, and picnic facilities.
(B) For the purposes of this paragraph, "developed open space"
includes land that has been designated for acquisition by a public
agency for developed open space, but does not include lands acquired
with public funds dedicated to the acquisition of land for housing
purposes.
(8) The buildings in the transit priority project are 15 percent
more energy efficient than required by Chapter 6 of Title 24 of the
California Code of Regulations and the buildings and landscaping are
designed to achieve 25 percent less water usage than the average
household use in the region.
(b) The transit priority project meets all of the following land
use criteria:
(1) The site of the transit priority project is not more than
eight acres in total area.
(2) The transit priority project does not contain more than 200
residential units.
(3) The transit priority project does not result in any net loss
in the number of affordable housing units within the project area.
(4) The transit priority project does not include any single level
building that exceeds 75,000 square feet.
(5) Any applicable mitigation measures or performance standards or
criteria set forth in the prior environmental impact reports, and
adopted in findings, have been or will be incorporated into the
transit priority project.
(6) The transit priority project is determined not to conflict
with nearby operating industrial uses.
(7) The transit priority project is located within one-half mile
of a rail transit station or a ferry terminal included in a regional
transportation plan or within one-quarter mile of a high-quality
transit corridor included in a regional transportation plan.
(c) The transit priority project meets at least one of the
following three criteria:
(1) The transit priority project meets both of the following:
(A) At least 20 percent of the housing will be sold to families of
moderate income, or not less than 10 percent of the housing will be
rented to families of low income, or not less than 5 percent of the
housing is rented to families of very low income.
(B) The transit priority project developer provides sufficient
legal commitments to the appropriate local agency to ensure the
continued availability and use of the housing units for very low,
low-, and moderate-income households at monthly housing costs with an
affordable housing cost or affordable rent, as defined in Section
50052.5 or 50053 of the Health and Safety Code, respectively, for the
period required by the applicable financing. Rental units shall be
affordable for at least 55 years. Ownership units shall be subject to
resale restrictions or equity sharing requirements for at least 30
years.
(2) The transit priority project developer has paid or will pay
in-lieu fees pursuant to a local ordinance in an amount sufficient to
result in the development of an equivalent number of units that
would otherwise be required pursuant to paragraph (1).
(3) The transit priority project provides public open space equal
to or greater than five acres per 1,000 residents of the project.
21155.2. (a) A transit priority project that has incorporated all
feasible mitigation measures, performance standards, or criteria set
forth in the prior applicable environmental impact reports and
adopted in findings made pursuant to Section 21081, shall be eligible
for either the provisions of subdivision (b) or (c).
(b) A transit priority project that satisfies the requirements of
subdivision (a) may be reviewed through a sustainable communities
environmental assessment as follows:
(1) An initial study shall be prepared to identify all significant
or potentially significant impacts of the transit priority project,
other than those which do not need to be reviewed pursuant to Section
21159.28 based on substantial evidence in light of the whole record.
The initial study shall identify any cumulative effects that have
been adequately addressed and mitigated pursuant to the requirements
of this division in prior applicable certified environmental impact
reports. Where the lead agency determines that a cumulative effect
has been adequately addressed and mitigated, that cumulative effect
shall not be treated as cumulatively considerable for the purposes of
this subdivision.
(2) The sustainable communities environmental assessment shall
contain measures that either avoid or mitigate to a level of
insignificance all potentially significant or significant effects of
the project required to be identified in the initial study.
(3) A draft of the sustainable communities environmental
assessment shall be circulated for public comment for a period of not
less than 30 days. Notice shall be provided in the same manner as
required for an environmental impact report pursuant to Section
21092.
(4) Prior to acting on the sustainable communities environmental
assessment, the lead agency shall consider all comments received.
(5) A sustainable communities environmental assessment may be
approved by the lead agency after conducting a public hearing,
reviewing the comments received, and finding that:
(A) All potentially significant or significant effects required to
be identified in the initial study have been identified and
analyzed.
(B) With respect to each significant effect on the environment
required to be identified in the initial study, either of the
following apply:
(i) Changes or alterations have been required in or incorporated
into the project that avoid or mitigate the significant effects to a
level of insignificance.
(ii) Those changes or alterations are within the responsibility
and jurisdiction of another public agency and have been, or can and
should be, adopted by that other agency.
(6) The legislative body of the lead agency shall conduct the
public hearing or a planning commission may conduct the public
hearing if local ordinances allow a direct appeal of approval of a
document prepared pursuant to this division to the legislative body
subject to a fee not to exceed five hundred dollars ($500).
(7) The lead agency's decision to review and approve a transit
priority project with a sustainable communities environmental
assessment shall be reviewed under the substantial evidence standard.
(c) A transit priority project that satisfies the requirements of
subdivision (a) may be reviewed by an environmental impact report
that complies with all of the following:
(1) An initial study shall be prepared to identify all significant
or potentially significant effects of the transit priority project
other than those that do not need to be reviewed pursuant to Section
21159.28 based upon substantial evidence in light of the whole
record. The initial study shall identify any cumulative effects that
have been adequately addressed and mitigated pursuant to the
requirements of this division in prior applicable certified
environmental impact reports. Where the lead agency determines that a
cumulative effect has been adequately addressed and mitigated, that
cumulative effect shall not be treated as cumulatively considerable
for the purposes of this subdivision.
(2) An environmental impact report prepared pursuant to this
subdivision need only address the significant or potentially
significant effects of the transit priority project on the
environment identified pursuant to paragraph (1). It is not required
to analyze off-site alternatives to the transit priority project. It
shall otherwise comply with the requirements of this division.
21155.3. (a) The legislative body of a local jurisdiction may adopt
traffic mitigation measures that would apply to transit priority
projects. These measures shall be adopted or amended after a public
hearing and may include requirements for the installation of traffic
control improvements, street or road improvements, and contributions
to road improvement or transit funds, transit passes for future
residents, or other measures that will avoid or mitigate the traffic
impacts of those transit priority projects.
(b) (1) A transit priority project that is seeking a
discretionary approval is not required to comply with any additional
mitigation measures required by paragraph (1) or (2) of subdivision
(a) of Section 21081, for the traffic impacts of that project on
intersections, streets, highways, freeways, or mass transit, if the
local jurisdiction issuing that discretionary approval has adopted
traffic mitigation measures in accordance with this section.
(2) Paragraph (1) does not restrict the authority of a local
jurisdiction to adopt feasible mitigation measures with respect to
the effects of a project on public health or on pedestrian or bicycle
safety.
(c) The legislative body shall review its traffic mitigation
measures and update them as needed at least every five years.
21155. (a) This chapter applies only to a transit priority project
that is consistent with the general use designation, density,
building intensity, and applicable policies specified for the project
area in either a sustainable communities strategy or an alternative
planning strategy, for which the State Air Resources Board, pursuant
to subparagraph (H) of paragraph (2) of subdivision (b) of Section
65080 of the Government Code, has accepted a metropolitan planning
organization's determination that the sustainable communities
strategy or the alternative planning strategy would, if implemented,
achieve the greenhouse gas emission reduction targets.
(b) For purposes of this chapter, a transit priority project shall
(1) contain at least 50 percent residential use, based on total
building square footage and, if the project contains between 26
percent and 50 percent nonresidential uses, a floor area ratio of not
less than 0.75; (2) provide a minimum net density of at least 20
dwelling units per acre; and (3) be within one-half mile of a major
transit stop or high-quality transit corridor included in a regional
transportation plan. A major transit stop is as defined in Section
21064.3, except that, for purposes of this section, it also includes
major transit stops that are included in the applicable regional
transportation plan. For purposes of this section, a high-quality
transit corridor means a corridor with fixed route bus service with
service intervals no longer than 15 minutes during peak commute
hours. A project shall be considered to be within one-half mile of a
major transit stop or high-quality transit corridor if all parcels
within the project have no more than 25 percent of their area farther
than one-half mile from the stop or corridor and if not more than 10
percent of the residential units or 100 units, whichever is less, in
the project are farther than one-half mile from the stop or
corridor.
21155.1. If the legislative body finds, after conducting a public
hearing, that a transit priority project meets all of the
requirements of subdivisions (a) and (b) and one of the requirements
of subdivision (c), the transit priority project is declared to be a
sustainable communities project and shall be exempt from this
division.
(a) The transit priority project complies with all of the
following environmental criteria:
(1) The transit priority project and other projects approved prior
to the approval of the transit priority project but not yet built
can be adequately served by existing utilities, and the transit
priority project applicant has paid, or has committed to pay, all
applicable in-lieu or development fees.
(2) (A) The site of the transit priority project does not contain
wetlands or riparian areas and does not have significant value as a
wildlife habitat, and the transit priority project does not harm any
species protected by the federal Endangered Species Act of 1973 (16
U.S.C. Sec. 1531 et seq.), the Native Plant Protection Act (Chapter
10 (commencing with Section 1900) of Division 2 of the Fish and Game
Code), or the California Endangered Species Act (Chapter 1.5
(commencing with Section 2050) of Division 3 of the Fish and Game
Code), and the project does not cause the destruction or removal of
any species protected by a local ordinance in effect at the time the
application for the project was deemed complete.
(B) For the purposes of this paragraph, "wetlands" has the same
meaning as in the United States Fish and Wildlife Service Manual,
Part 660 FW 2 (June 21, 1993).
(C) For the purposes of this paragraph:
(i) "Riparian areas" means those areas transitional between
terrestrial and aquatic ecosystems and that are distinguished by
gradients in biophysical conditions, ecological processes, and biota.
A riparian area is an area through which surface and subsurface
hydrology connect waterbodies with their adjacent uplands. A riparian
area includes those portions of terrestrial ecosystems that
significantly influence exchanges of energy and matter with aquatic
ecosystems. A riparian area is adjacent to perennial, intermittent,
and ephemeral streams, lakes, and estuarine-marine shorelines.
(ii) "Wildlife habitat" means the ecological communities upon
which wild animals, birds, plants, fish, amphibians, and
invertebrates depend for their conservation and protection.
(iii) Habitat of "significant value" includes wildlife habitat of
national, statewide, regional, or local importance; habitat for
species protected by the federal Endangered Species Act of 1973 (16
U.S.C. Sec. 1531, et seq.), the California Endangered Species Act
(Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish
and Game Code), or the Native Plant Protection Act (Chapter 10
(commencing with Section 1900) of Division 2 of the Fish and Game
Code); habitat identified as candidate, fully protected, sensitive,
or species of special status by local, state, or federal agencies; or
habitat essential to the movement of resident or migratory wildlife.
(3) The site of the transit priority project is not included on
any list of facilities and sites compiled pursuant to Section 65962.5
of the Government Code.
(4) The site of the transit priority project is subject to a
preliminary endangerment assessment prepared by a registered
environmental assessor to determine the existence of any release of a
hazardous substance on the site and to determine the potential for
exposure of future occupants to significant health hazards from any
nearby property or activity.
(A) If a release of a hazardous substance is found to exist on the
site, the release shall be removed or any significant effects of the
release shall be mitigated to a level of insignificance in
compliance with state and federal requirements.
(B) If a potential for exposure to significant hazards from
surrounding properties or activities is found to exist, the effects
of the potential exposure shall be mitigated to a level of
insignificance in compliance with state and federal requirements.
(5) The transit priority project does not have a significant
effect on historical resources pursuant to Section 21084.1.
(6) The transit priority project site is not subject to any of the
following:
(A) A wildland fire hazard, as determined by the Department of
Forestry and Fire Protection, unless the applicable general plan or
zoning ordinance contains provisions to mitigate the risk of a
wildland fire hazard.
(B) An unusually high risk of fire or explosion from materials
stored or used on nearby properties.
(C) Risk of a public health exposure at a level that would exceed
the standards established by any state or federal agency.
(D) Seismic risk as a result of being within a delineated
earthquake fault zone, as determined pursuant to Section 2622, or a
seismic hazard zone, as determined pursuant to Section 2696, unless
the applicable general plan or zoning ordinance contains provisions
to mitigate the risk of an earthquake fault or seismic hazard zone.
(E) Landslide hazard, flood plain, flood way, or restriction zone,
unless the applicable general plan or zoning ordinance contains
provisions to mitigate the risk of a landslide or flood.
(7) The transit priority project site is not located on developed
open space.
(A) For the purposes of this paragraph, "developed open space"
means land that meets all of the following criteria:
(i) Is publicly owned, or financed in whole or in part by public
funds.
(ii) Is generally open to, and available for use by, the public.
(iii) Is predominantly lacking in structural development other
than structures associated with open spaces, including, but not
limited to, playgrounds, swimming pools, ballfields, enclosed child
play areas, and picnic facilities.
(B) For the purposes of this paragraph, "developed open space"
includes land that has been designated for acquisition by a public
agency for developed open space, but does not include lands acquired
with public funds dedicated to the acquisition of land for housing
purposes.
(8) The buildings in the transit priority project are 15 percent
more energy efficient than required by Chapter 6 of Title 24 of the
California Code of Regulations and the buildings and landscaping are
designed to achieve 25 percent less water usage than the average
household use in the region.
(b) The transit priority project meets all of the following land
use criteria:
(1) The site of the transit priority project is not more than
eight acres in total area.
(2) The transit priority project does not contain more than 200
residential units.
(3) The transit priority project does not result in any net loss
in the number of affordable housing units within the project area.
(4) The transit priority project does not include any single level
building that exceeds 75,000 square feet.
(5) Any applicable mitigation measures or performance standards or
criteria set forth in the prior environmental impact reports, and
adopted in findings, have been or will be incorporated into the
transit priority project.
(6) The transit priority project is determined not to conflict
with nearby operating industrial uses.
(7) The transit priority project is located within one-half mile
of a rail transit station or a ferry terminal included in a regional
transportation plan or within one-quarter mile of a high-quality
transit corridor included in a regional transportation plan.
(c) The transit priority project meets at least one of the
following three criteria:
(1) The transit priority project meets both of the following:
(A) At least 20 percent of the housing will be sold to families of
moderate income, or not less than 10 percent of the housing will be
rented to families of low income, or not less than 5 percent of the
housing is rented to families of very low income.
(B) The transit priority project developer provides sufficient
legal commitments to the appropriate local agency to ensure the
continued availability and use of the housing units for very low,
low-, and moderate-income households at monthly housing costs with an
affordable housing cost or affordable rent, as defined in Section
50052.5 or 50053 of the Health and Safety Code, respectively, for the
period required by the applicable financing. Rental units shall be
affordable for at least 55 years. Ownership units shall be subject to
resale restrictions or equity sharing requirements for at least 30
years.
(2) The transit priority project developer has paid or will pay
in-lieu fees pursuant to a local ordinance in an amount sufficient to
result in the development of an equivalent number of units that
would otherwise be required pursuant to paragraph (1).
(3) The transit priority project provides public open space equal
to or greater than five acres per 1,000 residents of the project.
21155.2. (a) A transit priority project that has incorporated all
feasible mitigation measures, performance standards, or criteria set
forth in the prior applicable environmental impact reports and
adopted in findings made pursuant to Section 21081, shall be eligible
for either the provisions of subdivision (b) or (c).
(b) A transit priority project that satisfies the requirements of
subdivision (a) may be reviewed through a sustainable communities
environmental assessment as follows:
(1) An initial study shall be prepared to identify all significant
or potentially significant impacts of the transit priority project,
other than those which do not need to be reviewed pursuant to Section
21159.28 based on substantial evidence in light of the whole record.
The initial study shall identify any cumulative effects that have
been adequately addressed and mitigated pursuant to the requirements
of this division in prior applicable certified environmental impact
reports. Where the lead agency determines that a cumulative effect
has been adequately addressed and mitigated, that cumulative effect
shall not be treated as cumulatively considerable for the purposes of
this subdivision.
(2) The sustainable communities environmental assessment shall
contain measures that either avoid or mitigate to a level of
insignificance all potentially significant or significant effects of
the project required to be identified in the initial study.
(3) A draft of the sustainable communities environmental
assessment shall be circulated for public comment for a period of not
less than 30 days. Notice shall be provided in the same manner as
required for an environmental impact report pursuant to Section
21092.
(4) Prior to acting on the sustainable communities environmental
assessment, the lead agency shall consider all comments received.
(5) A sustainable communities environmental assessment may be
approved by the lead agency after conducting a public hearing,
reviewing the comments received, and finding that:
(A) All potentially significant or significant effects required to
be identified in the initial study have been identified and
analyzed.
(B) With respect to each significant effect on the environment
required to be identified in the initial study, either of the
following apply:
(i) Changes or alterations have been required in or incorporated
into the project that avoid or mitigate the significant effects to a
level of insignificance.
(ii) Those changes or alterations are within the responsibility
and jurisdiction of another public agency and have been, or can and
should be, adopted by that other agency.
(6) The legislative body of the lead agency shall conduct the
public hearing or a planning commission may conduct the public
hearing if local ordinances allow a direct appeal of approval of a
document prepared pursuant to this division to the legislative body
subject to a fee not to exceed five hundred dollars ($500).
(7) The lead agency's decision to review and approve a transit
priority project with a sustainable communities environmental
assessment shall be reviewed under the substantial evidence standard.
(c) A transit priority project that satisfies the requirements of
subdivision (a) may be reviewed by an environmental impact report
that complies with all of the following:
(1) An initial study shall be prepared to identify all significant
or potentially significant effects of the transit priority project
other than those that do not need to be reviewed pursuant to Section
21159.28 based upon substantial evidence in light of the whole
record. The initial study shall identify any cumulative effects that
have been adequately addressed and mitigated pursuant to the
requirements of this division in prior applicable certified
environmental impact reports. Where the lead agency determines that a
cumulative effect has been adequately addressed and mitigated, that
cumulative effect shall not be treated as cumulatively considerable
for the purposes of this subdivision.
(2) An environmental impact report prepared pursuant to this
subdivision need only address the significant or potentially
significant effects of the transit priority project on the
environment identified pursuant to paragraph (1). It is not required
to analyze off-site alternatives to the transit priority project. It
shall otherwise comply with the requirements of this division.
21155.3. (a) The legislative body of a local jurisdiction may adopt
traffic mitigation measures that would apply to transit priority
projects. These measures shall be adopted or amended after a public
hearing and may include requirements for the installation of traffic
control improvements, street or road improvements, and contributions
to road improvement or transit funds, transit passes for future
residents, or other measures that will avoid or mitigate the traffic
impacts of those transit priority projects.
(b) (1) A transit priority project that is seeking a
discretionary approval is not required to comply with any additional
mitigation measures required by paragraph (1) or (2) of subdivision
(a) of Section 21081, for the traffic impacts of that project on
intersections, streets, highways, freeways, or mass transit, if the
local jurisdiction issuing that discretionary approval has adopted
traffic mitigation measures in accordance with this section.
(2) Paragraph (1) does not restrict the authority of a local
jurisdiction to adopt feasible mitigation measures with respect to
the effects of a project on public health or on pedestrian or bicycle
safety.
(c) The legislative body shall review its traffic mitigation
measures and update them as needed at least every five years.
21155. (a) This chapter applies only to a transit priority project
that is consistent with the general use designation, density,
building intensity, and applicable policies specified for the project
area in either a sustainable communities strategy or an alternative
planning strategy, for which the State Air Resources Board, pursuant
to subparagraph (H) of paragraph (2) of subdivision (b) of Section
65080 of the Government Code, has accepted a metropolitan planning
organization's determination that the sustainable communities
strategy or the alternative planning strategy would, if implemented,
achieve the greenhouse gas emission reduction targets.
(b) For purposes of this chapter, a transit priority project shall
(1) contain at least 50 percent residential use, based on total
building square footage and, if the project contains between 26
percent and 50 percent nonresidential uses, a floor area ratio of not
less than 0.75; (2) provide a minimum net density of at least 20
dwelling units per acre; and (3) be within one-half mile of a major
transit stop or high-quality transit corridor included in a regional
transportation plan. A major transit stop is as defined in Section
21064.3, except that, for purposes of this section, it also includes
major transit stops that are included in the applicable regional
transportation plan. For purposes of this section, a high-quality
transit corridor means a corridor with fixed route bus service with
service intervals no longer than 15 minutes during peak commute
hours. A project shall be considered to be within one-half mile of a
major transit stop or high-quality transit corridor if all parcels
within the project have no more than 25 percent of their area farther
than one-half mile from the stop or corridor and if not more than 10
percent of the residential units or 100 units, whichever is less, in
the project are farther than one-half mile from the stop or
corridor.
21155.1. If the legislative body finds, after conducting a public
hearing, that a transit priority project meets all of the
requirements of subdivisions (a) and (b) and one of the requirements
of subdivision (c), the transit priority project is declared to be a
sustainable communities project and shall be exempt from this
division.
(a) The transit priority project complies with all of the
following environmental criteria:
(1) The transit priority project and other projects approved prior
to the approval of the transit priority project but not yet built
can be adequately served by existing utilities, and the transit
priority project applicant has paid, or has committed to pay, all
applicable in-lieu or development fees.
(2) (A) The site of the transit priority project does not contain
wetlands or riparian areas and does not have significant value as a
wildlife habitat, and the transit priority project does not harm any
species protected by the federal Endangered Species Act of 1973 (16
U.S.C. Sec. 1531 et seq.), the Native Plant Protection Act (Chapter
10 (commencing with Section 1900) of Division 2 of the Fish and Game
Code), or the California Endangered Species Act (Chapter 1.5
(commencing with Section 2050) of Division 3 of the Fish and Game
Code), and the project does not cause the destruction or removal of
any species protected by a local ordinance in effect at the time the
application for the project was deemed complete.
(B) For the purposes of this paragraph, "wetlands" has the same
meaning as in the United States Fish and Wildlife Service Manual,
Part 660 FW 2 (June 21, 1993).
(C) For the purposes of this paragraph:
(i) "Riparian areas" means those areas transitional between
terrestrial and aquatic ecosystems and that are distinguished by
gradients in biophysical conditions, ecological processes, and biota.
A riparian area is an area through which surface and subsurface
hydrology connect waterbodies with their adjacent uplands. A riparian
area includes those portions of terrestrial ecosystems that
significantly influence exchanges of energy and matter with aquatic
ecosystems. A riparian area is adjacent to perennial, intermittent,
and ephemeral streams, lakes, and estuarine-marine shorelines.
(ii) "Wildlife habitat" means the ecological communities upon
which wild animals, birds, plants, fish, amphibians, and
invertebrates depend for their conservation and protection.
(iii) Habitat of "significant value" includes wildlife habitat of
national, statewide, regional, or local importance; habitat for
species protected by the federal Endangered Species Act of 1973 (16
U.S.C. Sec. 1531, et seq.), the California Endangered Species Act
(Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish
and Game Code), or the Native Plant Protection Act (Chapter 10
(commencing with Section 1900) of Division 2 of the Fish and Game
Code); habitat identified as candidate, fully protected, sensitive,
or species of special status by local, state, or federal agencies; or
habitat essential to the movement of resident or migratory wildlife.
(3) The site of the transit priority project is not included on
any list of facilities and sites compiled pursuant to Section 65962.5
of the Government Code.
(4) The site of the transit priority project is subject to a
preliminary endangerment assessment prepared by a registered
environmental assessor to determine the existence of any release of a
hazardous substance on the site and to determine the potential for
exposure of future occupants to significant health hazards from any
nearby property or activity.
(A) If a release of a hazardous substance is found to exist on the
site, the release shall be removed or any significant effects of the
release shall be mitigated to a level of insignificance in
compliance with state and federal requirements.
(B) If a potential for exposure to significant hazards from
surrounding properties or activities is found to exist, the effects
of the potential exposure shall be mitigated to a level of
insignificance in compliance with state and federal requirements.
(5) The transit priority project does not have a significant
effect on historical resources pursuant to Section 21084.1.
(6) The transit priority project site is not subject to any of the
following:
(A) A wildland fire hazard, as determined by the Department of
Forestry and Fire Protection, unless the applicable general plan or
zoning ordinance contains provisions to mitigate the risk of a
wildland fire hazard.
(B) An unusually high risk of fire or explosion from materials
stored or used on nearby properties.
(C) Risk of a public health exposure at a level that would exceed
the standards established by any state or federal agency.
(D) Seismic risk as a result of being within a delineated
earthquake fault zone, as determined pursuant to Section 2622, or a
seismic hazard zone, as determined pursuant to Section 2696, unless
the applicable general plan or zoning ordinance contains provisions
to mitigate the risk of an earthquake fault or seismic hazard zone.
(E) Landslide hazard, flood plain, flood way, or restriction zone,
unless the applicable general plan or zoning ordinance contains
provisions to mitigate the risk of a landslide or flood.
(7) The transit priority project site is not located on developed
open space.
(A) For the purposes of this paragraph, "developed open space"
means land that meets all of the following criteria:
(i) Is publicly owned, or financed in whole or in part by public
funds.
(ii) Is generally open to, and available for use by, the public.
(iii) Is predominantly lacking in structural development other
than structures associated with open spaces, including, but not
limited to, playgrounds, swimming pools, ballfields, enclosed child
play areas, and picnic facilities.
(B) For the purposes of this paragraph, "developed open space"
includes land that has been designated for acquisition by a public
agency for developed open space, but does not include lands acquired
with public funds dedicated to the acquisition of land for housing
purposes.
(8) The buildings in the transit priority project are 15 percent
more energy efficient than required by Chapter 6 of Title 24 of the
California Code of Regulations and the buildings and landscaping are
designed to achieve 25 percent less water usage than the average
household use in the region.
(b) The transit priority project meets all of the following land
use criteria:
(1) The site of the transit priority project is not more than
eight acres in total area.
(2) The transit priority project does not contain more than 200
residential units.
(3) The transit priority project does not result in any net loss
in the number of affordable housing units within the project area.
(4) The transit priority project does not include any single level
building that exceeds 75,000 square feet.
(5) Any applicable mitigation measures or performance standards or
criteria set forth in the prior environmental impact reports, and
adopted in findings, have been or will be incorporated into the
transit priority project.
(6) The transit priority project is determined not to conflict
with nearby operating industrial uses.
(7) The transit priority project is located within one-half mile
of a rail transit station or a ferry terminal included in a regional
transportation plan or within one-quarter mile of a high-quality
transit corridor included in a regional transportation plan.
(c) The transit priority project meets at least one of the
following three criteria:
(1) The transit priority project meets both of the following:
(A) At least 20 percent of the housing will be sold to families of
moderate income, or not less than 10 percent of the housing will be
rented to families of low income, or not less than 5 percent of the
housing is rented to families of very low income.
(B) The transit priority project developer provides sufficient
legal commitments to the appropriate local agency to ensure the
continued availability and use of the housing units for very low,
low-, and moderate-income households at monthly housing costs with an
affordable housing cost or affordable rent, as defined in Section
50052.5 or 50053 of the Health and Safety Code, respectively, for the
period required by the applicable financing. Rental units shall be
affordable for at least 55 years. Ownership units shall be subject to
resale restrictions or equity sharing requirements for at least 30
years.
(2) The transit priority project developer has paid or will pay
in-lieu fees pursuant to a local ordinance in an amount sufficient to
result in the development of an equivalent number of units that
would otherwise be required pursuant to paragraph (1).
(3) The transit priority project provides public open space equal
to or greater than five acres per 1,000 residents of the project.
21155.2. (a) A transit priority project that has incorporated all
feasible mitigation measures, performance standards, or criteria set
forth in the prior applicable environmental impact reports and
adopted in findings made pursuant to Section 21081, shall be eligible
for either the provisions of subdivision (b) or (c).
(b) A transit priority project that satisfies the requirements of
subdivision (a) may be reviewed through a sustainable communities
environmental assessment as follows:
(1) An initial study shall be prepared to identify all significant
or potentially significant impacts of the transit priority project,
other than those which do not need to be reviewed pursuant to Section
21159.28 based on substantial evidence in light of the whole record.
The initial study shall identify any cumulative effects that have
been adequately addressed and mitigated pursuant to the requirements
of this division in prior applicable certified environmental impact
reports. Where the lead agency determines that a cumulative effect
has been adequately addressed and mitigated, that cumulative effect
shall not be treated as cumulatively considerable for the purposes of
this subdivision.
(2) The sustainable communities environmental assessment shall
contain measures that either avoid or mitigate to a level of
insignificance all potentially significant or significant effects of
the project required to be identified in the initial study.
(3) A draft of the sustainable communities environmental
assessment shall be circulated for public comment for a period of not
less than 30 days. Notice shall be provided in the same manner as
required for an environmental impact report pursuant to Section
21092.
(4) Prior to acting on the sustainable communities environmental
assessment, the lead agency shall consider all comments received.
(5) A sustainable communities environmental assessment may be
approved by the lead agency after conducting a public hearing,
reviewing the comments received, and finding that:
(A) All potentially significant or significant effects required to
be identified in the initial study have been identified and
analyzed.
(B) With respect to each significant effect on the environment
required to be identified in the initial study, either of the
following apply:
(i) Changes or alterations have been required in or incorporated
into the project that avoid or mitigate the significant effects to a
level of insignificance.
(ii) Those changes or alterations are within the responsibility
and jurisdiction of another public agency and have been, or can and
should be, adopted by that other agency.
(6) The legislative body of the lead agency shall conduct the
public hearing or a planning commission may conduct the public
hearing if local ordinances allow a direct appeal of approval of a
document prepared pursuant to this division to the legislative body
subject to a fee not to exceed five hundred dollars ($500).
(7) The lead agency's decision to review and approve a transit
priority project with a sustainable communities environmental
assessment shall be reviewed under the substantial evidence standard.
(c) A transit priority project that satisfies the requirements of
subdivision (a) may be reviewed by an environmental impact report
that complies with all of the following:
(1) An initial study shall be prepared to identify all significant
or potentially significant effects of the transit priority project
other than those that do not need to be reviewed pursuant to Section
21159.28 based upon substantial evidence in light of the whole
record. The initial study shall identify any cumulative effects that
have been adequately addressed and mitigated pursuant to the
requirements of this division in prior applicable certified
environmental impact reports. Where the lead agency determines that a
cumulative effect has been adequately addressed and mitigated, that
cumulative effect shall not be treated as cumulatively considerable
for the purposes of this subdivision.
(2) An environmental impact report prepared pursuant to this
subdivision need only address the significant or potentially
significant effects of the transit priority project on the
environment identified pursuant to paragraph (1). It is not required
to analyze off-site alternatives to the transit priority project. It
shall otherwise comply with the requirements of this division.
21155.3. (a) The legislative body of a local jurisdiction may adopt
traffic mitigation measures that would apply to transit priority
projects. These measures shall be adopted or amended after a public
hearing and may include requirements for the installation of traffic
control improvements, street or road improvements, and contributions
to road improvement or transit funds, transit passes for future
residents, or other measures that will avoid or mitigate the traffic
impacts of those transit priority projects.
(b) (1) A transit priority project that is seeking a
discretionary approval is not required to comply with any additional
mitigation measures required by paragraph (1) or (2) of subdivision
(a) of Section 21081, for the traffic impacts of that project on
intersections, streets, highways, freeways, or mass transit, if the
local jurisdiction issuing that discretionary approval has adopted
traffic mitigation measures in accordance with this section.
(2) Paragraph (1) does not restrict the authority of a local
jurisdiction to adopt feasible mitigation measures with respect to
the effects of a project on public health or on pedestrian or bicycle
safety.
(c) The legislative body shall review its traffic mitigation
measures and update them as needed at least every five years.
