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AB-2267 California Environmental Quality Act: Sonoma County Renewal Enterprise District.(2017-2018)

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Date Published: 08/23/2018 04:00 AM
AB2267:v93#DOCUMENT

Amended  IN  Senate  August 22, 2018
Amended  IN  Senate  July 05, 2018
Amended  IN  Senate  June 11, 2018
Amended  IN  Senate  June 06, 2018
Amended  IN  Assembly  April 17, 2018
Amended  IN  Assembly  March 05, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2267


Introduced by Assembly Member Wood

February 13, 2018


An act to amend Section 65457 of, and to add and repeal Section 65458 of, 65457.1 of the Government Code, and to add and repeal Section 21168.6.9 of, and to add and repeal Chapter 6.8 (commencing with Section 21189.60) of Division 13 of of, the Public Resources Code, relating to environmental quality.


LEGISLATIVE COUNSEL'S DIGEST


AB 2267, as amended, Wood. California Environmental Quality Act: Sonoma County Renewal Enterprise District.
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 exempts from its requirements projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area, in which a state of emergency has been proclaimed by the Governor.
This bill would exempt from the requirements of CEQA specified actions and approvals taken between January 1, 2019, and January 1, 2024, for would, until January 1, 2024, provide for streamlined judicial review for actions or proceedings brought pursuant to CEQA on the adoption or approval of amendments to the Downtown Station Area Specific Plan for the City of Santa Rosa meeting certain requirements. The bill would exempt from the requirements of CEQA requirements or on the approval of residential projects that are consistent with the amended Downtown Station Area Specific Plan.
This bill, until January 1, 2024, would authorize a streamlined judicial review for the adoption or amendment of a specific plan, general plan, zoning ordinance, or other planning document by a local public agency that includes certain parcels within the portions of the City of Santa Rosa or unincorporated areas of the County of Sonoma (RED Area) for certain purposes. The bill would require a local public agency to use specified procedures for conducting the environmental review for the adoption or amendments of the RED Area plan, including the current preparation of the record of proceedings, as provided.
This bill, until January 1, 2024, would exempt from the requirements of CEQA certain projects located at certain parcels owned by the City of Santa Rosa or the County of Sonoma within the City of Santa Rosa and certified by a local agency as meeting certain requirements.
Because a lead agency would be required to determine the applicability of the above-specified exemptions for projects, this bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Santa Rosa and the County of Sonoma.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.Section 65457 of the Government Code is amended to read:
65457.

(a)A residential development project, including a subdivision, or a zoning change that is undertaken to implement and is consistent with a specific plan for which an environmental impact report has been certified after January 1, 1980, is exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). However, if after the adoption of the specific plan an event as specified in Section 21166 of the Public Resources Code occurs, the exemption provided by this subdivision does not apply unless and until a supplemental environmental impact report for the specific plan is prepared and certified in accordance with the provisions of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). After a supplemental environmental impact report is certified, the exemption specified in this subdivision applies to projects undertaken pursuant to the specific plan.

(b)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to an action taken by the City of Santa Rosa between January 1, 2019, and January 1, 2024, inclusive, to adopt or approve amendments to its adopted Downtown Station Area Specific Plan, conforming amendments to the adopted general plan, or ordinances or administrative guidelines necessary or incidental to the adoption or approval of amendments to the Downtown Station Area Specific Plan if the amendments are enacted for either of the following purposes:

(1)Increasing building height, increasing density, reducing parking requirements, intensifying or diversifying housing stock, redesignating parcels owned by the City of Santa Rosa other than public parks to make the parcels available for housing development, or modifying the boundaries of the specific plan to conform to the downtown areas as identified in the City of Santa Rosa General Plan as of June 6, 2018.

(2)Establishing significance criteria to analyze transportation impacts based on methodology established pursuant to subdivision (c) of Section 21099 of the Public Resources Code.

(c)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to residential projects that are consistent with the Downtown Station Area Specific Plan amended as described in subdivision (b).

(d)An action or approval taken pursuant to subdivision (b) and the approval of a project consistent with the Downtown Station Area Specific Plan amended as described in subdivision (b) between January 1, 2019, and January 1, 2024, inclusive, shall not constitute an event as specified in Section 21166 of the Public Resources Code, and, notwithstanding any other law, a supplemental environmental review shall not be required for actions taken pursuant to subdivision (b) or subdivision (c).

(e)An action or proceeding alleging that a public agency has approved a project pursuant to a specific plan without having previously certified a supplemental environmental impact report for the specific plan, where required by subdivision (a), shall be commenced within 30 days of the public agency’s decision to carry out or approve the project.

SECTION 1.

 Section 65457.1 is added to the Government Code, to read:

65457.1.
 (a) Subdivision (b) of Section 21168.6.9 of the Public Resources Code shall apply to any action or proceeding filed pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code for either of the following:
(1) An action taken by the City of Santa Rosa to adopt or approve amendments to its adopted Downtown Station Area Specific Plan, conforming amendments to the adopted general plan, or ordinances or administrative guidelines necessary or incidental to the adoption or approval of amendments to the Downtown Station Area Specific Plan if the amendments are enacted for any of the following purposes:
(A) Increasing building height or increasing density.
(B) Reducing parking requirements.
(C) Intensifying or diversifying housing stock.
(D) Redesignating parcels owned by the City of Santa Rosa other than public parks to make the parcels available for housing development.
(E) Modifying the boundaries of the specific plan to conform to the downtown areas as identified in the City of Santa Rosa General Plan as of June 6, 2018.
(2) Residential projects that are consistent with the amended Downtown Station Area Specific Plan.
(b) The approval of a project consistent with the amended Downtown Station Area Specific Plan shall not require a supplemental environmental review pursuant to Section 21166 of the Public Resources Code.
(c) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 2.Section 65458 is added to the Government Code, to read:
65458.

SEC. 2.

 Section 21168.6.9 is added to the Public Resources Code, to read:

21168.6.9.
 (a) For purposes of this section, the following definitions apply:
(1) “CEQA document” means an environmental impact report, mitigated negative declaration, or negative declaration prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(2) “RED Area” means the portions of the City of Santa Rosa or unincorporated areas of the County of Sonoma that are located on a parcel that falls entirely or partially within a transit priority area as defined in subdivision (a) of Section 21099 of the Public Resources Code, a locally adopted priority development area as identified in the Metropolitan Transportation Commission’s Plan Bay Area 2040 or successor document, or within the boundary of the Sonoma County Airport Industrial Area Specific Plan in effect as of June 6, 2018.
(3) “RED Area Plan” means the specific plan, general plan, zoning ordinance, or other planning document adopted or amended by a county, city, whether chartered or general law, town, district, political subdivision, joint powers authority, or any other local public agency, including local board, commission, or agency, that includes parcels in the RED Area and that the lead agency certifies as meeting the performance standards set forth in subdivision (c).
(b) Rules 3.2220 through 3.2237 of the California Rules of Court, except as may be amended by the Judicial Council, shall apply to any action or proceeding brought to attack, review, set aside, void, or annul the certification of any environmental impact report or the adoption of a negative declaration or mitigated negative declaration for the adoption or amendment of the RED Area Plan so that any action or proceeding, including any potential appeals therefrom, shall be required to be resolved, to the extent feasible, within 270 days of the certification of the record of proceedings pursuant to subdivision (f). On or before July 1, 2019, the Judicial Council shall amend the California Rules of Court as necessary to implement this subdivision.
(c) To qualify for a streamlined judicial review pursuant to subdivision (b), a RED Area Plan shall satisfy all of the following:
(1) Requires residential development within one-half mile of a transit station actively served by passenger rail service at a minimum density of 20 units per acre.
(2) Requires 20 percent of dwelling units developed within an individual RED Area Plan boundary over a 10-year period be subject to a recorded affordability restriction according to either of the following:
(A) Ownership dwelling units shall be restricted for at least 45 years for sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, at an affordable housing cost, as defined in subdivision (a) of Section 50052.5 of the Health and Safety Code.
(B) Rental dwelling units shall be restricted for at least 55 years for lease to lower income households, as defined in Section 50079.5 of the Health and Safety Code, at an affordable housing cost, as defined in subdivision (a) of Section 50052.5 of the Health and Safety Code.
(3) Establishes that the build out of the RED Area Plan will not result in any direct or indirect net additional greenhouse gas emissions.
(d) (1) The lead agency for the adoption or amendment of a RED Area Plan may certify, following a duly noticed public hearing, that the RED Area Plan satisfies the requirements of subdivision (c).
(2) The lead agency’s decision to certify or not to certify a RED Area Plan pursuant to this section shall not be subject to judicial review.
(e) Within 10 days of certifying a RED Area Plan satisfies the requirements of subdivision (c), the lead agency shall provide public notice in the manner required by paragraph (3) of subdivision (b) of Section 21092 of the Public Resources Code. The public notice shall include a copy of this section and shall state in no less than 12-point type the following:
THE LEAD AGENCY HAS ELECTED TO PROCEED UNDER SECTION 65458 OF THE GOVERNMENT 21168.6.9 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT ANY JUDICIAL ACTION CHALLENGING THE ENVIRONMENTAL REVIEW OR THE APPROVAL OF THE RED AREA PLAN DESCRIBED IN THE ENVIRONMENTAL REVIEW IS SUBJECT TO THE PROCEDURES SET FORTH IN SECTION 65458 OF THE GOVERNMENT 21168.6.9 OF THE PUBLIC RESOURCES CODE. A COPY OF SECTION 65458 OF THE GOVERNMENT 21168.6.9 OF THE PUBLIC RESOURCES CODE IS INCLUDED BELOW.
(f) Notwithstanding any other law, the preparation and certification of the record of proceedings for the environmental review of a RED Area Plan certified by a lead agency shall be performed according to the following:
(1) The lead agency for the RED Area Plan shall prepare the record of proceedings pursuant to this section concurrently with the administrative process.
(2) All documents and other materials placed in the record of proceedings shall be posted on, and be downloadable from, an Internet Web site maintained by the lead agency commencing with the date of the release of the draft CEQA document.
(3) The lead agency shall make available to the public in a readily accessible electronic format the draft CEQA document and all other documents submitted to, or relied on by, the lead agency in the preparation of the draft CEQA document.
(4) A document prepared by the lead agency or submitted by the applicant after the date of the release of the draft CEQA document that is a part of the record of the proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is released or received by the lead agency.
(5) The lead agency shall encourage written comments on the RED Area Plan to be submitted in a readily accessible electronic format, and shall make any comment available to the public in a readily accessible electronic format within five days of its receipt.
(6) Within seven business days after the receipt of any comment that is not in an electronic format, the lead agency shall convert that comment into a readily accessible electronic format and make it available to the public in that format.
(7) Notwithstanding paragraphs (2) to (6), inclusive, documents submitted to or relied on by the lead agency that were not prepared specifically for the RED Area Plan and are copyright protected are not required to be made readily accessible in an electronic format. For those copyright protected documents, the lead agency shall make an index of those documents available in an electronic format no later than the date of the release of the draft CEQA document or within five business days if the document is received or relied on by the lead agency after the release of the draft CEQA document. The index shall specify the libraries or lead agency offices in which hard copies of the copyright protected materials are available for public review.
(8) The lead agency shall certify the record of proceedings within five days of its approval of the RED Area Plan.
(9) A dispute arising from the record of proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record shall file a motion to augment the record at the time it files its initial brief.
(10) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6 of the Public Resources Code.
(g) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.

 Chapter 6.8 (commencing with Section 21189.60) is added to Division 13 of the Public Resources Code, to read:
CHAPTER  6.8. Sonoma County Renewal Enterprise District Leadership Development Projects

21189.60.
 For purposes of this chapter, the following definitions apply:
(a) “City-owned parcels” means parcels owned by the City of Santa Rosa as of June 6, 2018.
(b) “County-owned parcels” means parcels owned by the County of Sonoma as of June 6, 2018.
(c) “RED” means Renewal Enterprise District.
(d) “RED Leadership Development Project” means a project located entirely or partially on a RED Leadership Site that has been certified pursuant to subdivision (b) of Section 21189.62.
(e) “RED Leadership Site” means a city-owned parcel or county-owned parcel within the City of Santa Rosa that falls entirely or partially within a transit priority area as defined in subdivision (a) of Section 21099, a locally adopted priority development area as identified in the Metropolitan Transportation Commission’s Plan Bay Area 2040 or successor document, or the downtown area as defined in the City of Santa Rosa general plan as of June 6, 2018.
(f) “Transportation efficiency” means the number of vehicle trips by residents, employees, visitors, or customers of the project divided by the total number of residents, employees, visitors, and customers.

21189.61.

Notwithstanding any other law, if a lead agency finds that a proposed project would meet all the statutory conditions for certification and certifies that the project qualifies as a RED Leadership Development Project pursuant to this chapter, the RED Leadership Development Project shall be exempt from this division.

21189.62.
 (a) (1) A person proposing to construct a project may apply to the lead agency for certification as a RED Leadership Development Project.
(2) The project applicant shall supply the evidence and materials that the lead agency deems necessary to make a decision on the certification application. The evidence or materials shall be made available to the public at least 15 days before the lead agency certifies a RED Leadership Development Project pursuant to this section.
(b) The lead agency may certify the project as a RED Leadership Development Project if the project meets all of the following:
(1) Includes exclusively residential or mixed-use projects where at least two-thirds of the floor area of the development is devoted to residential uses.
(2) Proposes residential development at a minimum net density of 20 units per acre if the project is located within one-half mile of a transit station actively served by passenger rail service or at a minimum net density of 12 units per acre if the project is located more than one-half mile of from a transit station actively served by passenger rail service.
(3) Requires that 20 percent of dwelling units be subject to a recorded affordability restriction according to the following:
(A) Ownership dwelling units shall be restricted for at least 45 years for sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, at an affordable housing cost, as defined in subdivision (a) of Section 50052.5 of the Health and Safety Code.
(B) Rental dwelling units shall be restricted for at least 55 years for lease to persons and families of low income, as defined in Section 50079.5 of the Health and Safety Code, at an affordable housing cost, as defined in subdivision (a) of Section 50052.5 of the Health and Safety Code.
(4) Achieves at least 15 percent greater transportation efficiency than comparable projects. The applicant shall provide information setting forth its basis for determining and evaluating comparable projects and their transportation efficiency, and how the project will achieve at least 15 percent greater transportation efficiency. For residential projects, the applicant also shall submit information demonstrating that the number of vehicle trips by residents divided by the number of residents is 15 percent more efficient than for comparable projects. For the purposes of this paragraph, “comparable” means a project of the same size, capacity, and location type.
(5) Demonstrates evidence, if the project is a multifamily residential project, of either of the following:
(A) Private vehicle parking spaces are priced and rented or purchased separately from dwelling units.
(B) The dwelling units are subject to affordability restrictions that prescribe rent or sale prices, and the cost of parking spaces cannot be unbundled from the cost of dwelling units.
(6) (A) Is a public work as defined in Section 1720 of the Labor Code, or commits to, and will be, paying all construction workers employed in the execution of the project at least the general applicable prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code.
(B) (i) If the project is certified pursuant to this chapter, the project applicant shall include the requirements of this paragraph in all contracts for the performance of the work and contractors and subcontractors shall pay to all construction workers employed in the execution of the project at least the general prevailing rate of per diem wages.
(ii) Except as provided in clause (iii), the obligation of the contractors and subcontractors to pay prevailing wages pursuant to clause (i) may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(iii) Clause (ii) does not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(7) Is consistent with a sustainable communities strategy adopted pursuant to Section 65080 of the Government Code.
(8) Includes adequate infrastructure and water supply.
(9) Establishes that the development of the proposed RED Leadership Development Project will not result in any direct or indirect net additional emissions of greenhouse gases.
(10) Is not located on a site where any of the following apply:
(A) The project would require the demolition of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) Housing that has been occupied by tenants within the past 10 years.
(B) The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section.
(C) The project would require the demolition of a historic structure that was placed on a national, state, or local historic register.
(D) The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.
(c) (1) The lead agency shall require the project applicant to enter into a binding and enforceable agreement that all elements of the project required to certify the project as a RED Leadership Development Project under this chapter shall be conditions of the certification and approval of the project that shall be fully enforceable by the lead agency or another agency designated by the lead agency.
(2) (A) The project applicant shall include in the certification application all sufficient information necessary to enable the lead agency to determine whether the project satisfies the requirements specified in subdivision (b) that include both of the following:
(i) To demonstrate that the project will not result in any direct or indirect net additional emissions of greenhouse gases, documentation that shall at least quantify both of the following:
(I) Both direct and indirect greenhouse gas emissions associated with the project’s construction and operation, including emissions from the project’s projected energy use and transportation-related emissions.
(II) The net greenhouse gas emissions of the project after accounting for any project elements designed to reduce greenhouse gas emissions. All project elements relied upon to calculate the net emissions of the project shall be conditions of certification and approval and shall be monitored and enforced by the lead agency or another agency designated by the lead agency.
(ii) Other information requested by the lead agency.
(B) Failure to submit the necessary information shall preclude certification as a RED Leadership Development Project.
(d) The lead agency shall post the information and documentation submitted by the project applicant electronically on its Internet Web site and make that information available upon request for public review with a hard copy of the material. The information and documentation shall be made available to the public at least 30 days before the lead agency certifies a project pursuant to this section.
(e) The public may submit comments on the certification application electronically to the lead agency at any time up to 30 days after the initial certification application or within 14 days after any supplemental application, whichever is later.
(f) (1) The lead agency shall make a decision on a certification application as expeditiously as possible, but not sooner than 30 days after the information and documentation are made available to the public pursuant to subdivision (d).
(2) The certification shall expire and be no longer valid if the project applicant fails to commence construction of the certified RED Leadership Development Project within two years after approval by the lead agency.

(g)Within 10 days of the certification of a RED Leadership Development Project, the lead agency shall file a notice pursuant to subdivision (b) of Section 21152. Pursuant to subdivision (d) of Section 21167, the filing of the notice shall start a 35-day statute of limitations period on legal challenges to the lead agency’s determination that a project is a RED Leadership Development Project and that its decision to approve that project.

21189.63.
 This chapter shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique and urgent needs of the County of Sonoma and City of Santa Rosa following the October 2017 Sonoma Complex Fires.

SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.