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SB-1162 Capitol area planning: height limits.(2017-2018)

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Date Published: 03/19/2018 09:00 PM
SB1162:v98#DOCUMENT

Amended  IN  Senate  March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1162


Introduced by Senator Pan

February 14, 2018


An act to amend Section 42705.5 of the Health and Safety Code, relating to nonvehicular air pollution. Section 8162.7 of the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


SB 1162, as amended, Pan. Air monitoring systems. Capitol area planning: height limits.
Existing law provides that the Capitol Area Plan is the official state master plan for development in the central city of the City of Sacramento. The Capitol View Protection Act requires specified height and setback requirements in specified areas surrounding Capitol Park. The act, among other things, requires a height limit of 120 feet for the blocks between L Street on the north, 17th Street on the east, N Street on the south, and 16th Street on the west.
This bill, instead, would designate Matsui Alley as the southern boundary of that area with the height limit of 120 feet.

Existing law requires the State Air Resources Board, by October 1, 2018, to prepare a monitoring plan regarding technologies for monitoring criteria air pollutants and toxic air contaminants and the need for and benefits of additional community air monitoring systems, as defined. Existing law requires the state board, based on the monitoring plan, to select the highest priority locations in the state for the deployment of community air monitoring systems, and requires an air pollution control or air quality management district containing a selected location to deploy a system in the selected location by July 1, 2019.

This bill would make a technical, nonsubstantive change to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 8162.7 of the Government Code is amended to read:

8162.7.
 Notwithstanding any other provision of law, except as provided in Section 8162.9, the following height limits shall apply as follows:
(a) The applicable height limit shall be 80 feet for the following areas:
(1) The block surrounded by L Street on the north, 16th Street on the east, Capitol Avenue on the south, and 15th Street on the west.
(2) The half block surrounded by Capitol Avenue on the north, 16th Street on the east, 15th Street on the west, and a line parallel to and 210 feet to the south of Capitol Avenue on the south.
(3) The half block to the east of 15th Street between a line running parallel to and 210 feet to the north of N Street on the north, and a line running parallel to and 210 feet to the south of N Street on the south.
(4) The half block to the south of N Street between 15th Street on the east, and a line parallel to and 200 feet to the west of 9th Street on the west.
(b) The applicable height limit shall be 120 feet for the following area:
The blocks between L Street on the north, 17th Street on the east, N Street Matsui Alley on the south south, and 16th Street on the west.
(c) The applicable height limit shall be 150 feet for the following areas:
(1) The half block to the west of 16th Street between a line parallel to and 210 feet to the north of N Street on the north, and a line parallel to and 210 feet to the south of N Street on the south.
(2) The half block to the north of O Street between 16th Street on the east and 8th Street on the west.
(3) The half block to the south of N Street between 8th Street on the west and a line parallel to and 200 feet to the east of 8th Street on the east.
(4) The block to the south of O Street between a line parallel to and 200 feet to the east of 11th Street on the east and a line parallel to and 200 feet to the west of 11th Street on the west.
(5) The half block to the north of L Street between 16th Street on the east and a line parallel to and 200 feet to the west of 9th Street on the west.
(6) The half block to the west of 9th Street between L Street on the north and N Street on the south.
(d) The applicable height limit shall be 250 feet for the following areas:
(1) The half block to the south of O Street between 13th Street and a line parallel to and 200 feet to the west of 12th Street.
(2) The half block to the south of O Street between a line parallel to and 200 feet to the east of 10th Street on the east, and a line parallel to and 200 feet to the west of 8th Street on the west.
(3) The half block to the west of 8th Street between N Street on the north and O Street on the south.
(4) The half block to the south of K Street between 12th Street on the east and 10th Street on the west.
(5) The block to the north of K Street between a line parallel to and 200 feet to the west of 11th Street on the west, and a line parallel to and 200 feet to the east of 11th Street on the east.
(e) The applicable height limit shall be 300 feet for the following areas:
(1) The half block to the south of K Street, between 16th Street on the east and 12th Street on the west.
(2) The half block to the South of K Street, between 10th Street on the east and 8th Street on the west.
(3) The half block east of 8th Street, between a line parallel to and 210 feet to the north of L Street on the north and N Street on the south.
(f) The applicable height limit shall be 350 feet for the following areas:
(1) The block to the north of J Street between a line parallel to and 200 feet to the east of 11th Street on the east and a line parallel to and 200 feet west of 11th Street on the west.
(2) The half block to the north of I Street, between 11th Street on the east and a line parallel to and 200 feet to the west of 11th Street on the west.
(g) The applicable height limit shall be 400 feet for the following areas:
(1) The half block to the north of K Street between 16th Street on the east and a line parallel to and 200 feet to the west of 12th Street on the west.
(2) The half block to the north of K Street between a line parallel to and 200 feet east of 10th Street on the east and a line parallel to and 200 feet west of 8th Street on the west.
(3) The block to the west of 8th Street between K Street on the north and N Street on the south.
(h) The applicable height limit shall be 450 feet for the following areas:
(1) The half block to the south of J Street between 16th Street on the east and a line parallel to and 200 feet west of 12th Street on the west.
(2) The half block to the south of J Street between a line parallel to and 200 feet to the east of 10th Street on the east and 7th Street on the west.
(3) The half block to the north of K Street between a line parallel to and 200 feet to the east of 7th Street on the east and 7th Street on the west.

SECTION 1.Section 42705.5 of the Health and Safety Code is amended to read:
42705.5.

(a)For purposes of this section, the following definitions shall apply:

(1)“Community air monitoring system” means advanced sensing monitoring equipment that measures and records air pollutant concentrations in the ambient air at or near sensitive receptor locations and in disadvantaged communities and that may be useful for estimating associated pollutant exposures and health risks, determining trends in air pollutant levels over time, and in supporting enforcement efforts.

(2)“Disadvantaged community” means a community identified as disadvantaged pursuant to Section 39711.

(3)“Fence-line monitoring system” means monitoring equipment that measures and records air pollutant concentrations at or adjacent to a stationary source that may be useful for detecting or estimating emissions of pollutants from the source, including the quantity of fugitive emissions, and in supporting enforcement efforts.

(4)“Nonattainment pollutant” has the same meaning as in Section 39607.1.

(5)“Sensitive receptors” includes hospitals, schools and day care centers, and such other locations as the district or state board may determine.

(6)“Stationary source” has the same meaning as in Section 39607.1.

(b)On or before October 1, 2018, the state board shall prepare, in consultation with the Scientific Review Panel on Toxic Air Contaminants, the districts, the Office of Environmental Health Hazard Assessment, environmental justice organizations, affected industries, and other interested stakeholders, a monitoring plan regarding the availability and effectiveness of toxic air contaminant and criteria air pollutant advanced sensing monitoring technologies and existing community air monitoring systems, as well as the need for and benefits of establishing additional community air monitoring systems. In preparing the monitoring plan, the state board shall conduct at least one public workshop in each of the northern, central, and southern parts of the state.

(c)Based on findings and recommendations in the monitoring plan prepared pursuant to subdivision (b), the state board shall select, concurrent with the monitoring plan, in consultation with the districts and based on an assessment of the locations of sensitive receptors and disadvantaged communities, the highest priority locations around the state to deploy community air monitoring systems, which shall be communities with high exposure burdens for toxic air contaminants and criteria air pollutants. By July 1, 2019, any district containing a location selected pursuant to this subdivision shall deploy a community air monitoring system in the selected location or locations. In implementing this subdivision, the district may require any stationary source that emits pollutants in, or that materially affect, the highest priority locations identified pursuant to this subdivision to deploy a fence-line monitoring system or other appropriate real-time, on-site monitoring, taking into account technical capabilities, cost, and the degree to which additional data would materially contribute to an understanding of community risk.

(d)By January 1, 2020, and January 1 of every year thereafter, the state board shall select additional locations pursuant to subdivision (c), as the state board deems appropriate based on the monitoring plan described in subdivision (b). Any district containing a location selected pursuant to this subdivision shall deploy a community air monitoring system in the selected location within one year of the state board selecting the location. The state board shall hold an annual public hearing on the status of implementing the network of community air monitoring systems and make recommendations for improvements.

(e)The districts shall provide to the state board the air quality data produced by the community air monitoring systems deployed pursuant to this section. The state board shall publish the air quality data on its Internet Web site.