Strategic Growth Council: Identifying Infill Barriers

Similar documents
Article 12.5 Exemptions for Agricultural Housing, Affordable Housing, and Residential Infill Projects

TECHNICAL ADVISORY CEQA EXEMPTIONS FOR POTENTIAL APPLICATION IN DISASTER RECOVERY EFFORTS

SENATE BILL No. 35. December 5, 2016

Streamlining Affordable Housing Approvals Proposed Trailer Bill

APPENDIX B COMPLIANCE WITH THE GOVERNMENT CODE

IS YOUR CITY READY FOR SENATE BILL 35? Amara Morrison 1111 Broadway, 24 th Floor Oakland, CA

Honorable Members of the Berkeley Rent Stabilization Board. Chair Selawsky, Vice Chair Laverde-Levine and Commissioner Townley

AFFORDABLE HOUSING STREAMLINED APPROVAL PURSUANT TO SENATE BILL 35 AND PLANNING DIRECTOR BULLETIN #5 INFORMATIONAL PACKET

IMPLEMENTING AGREEMENT. for the EAST CONTRA COSTA COUNTY HABITAT CONSERVATION PLAN/ NATURAL COMMUNITY CONSERVATION PLAN.

812 Page Street. Item 10 June 21, Staff Report

PLANNING DIRECTOR BULLETIN

ORDINANCE NO. 875 (AS AMENDED THROUGH 875

BULLETIN NO. 5. Senate Bill No. 35 Affordable Housing Streamlined Approval PLANNING DIRECTOR. SECTION 1: ELIGIBILITY CRITERIA

For the reasons set forth in the preamble, the Department proposes to amend 25 CFR 151

Chapter HABITAT CONSERVATION PLAN / NATURAL COMMUNITY CONSERVATION PLAN IMPLEMENTATION ORDINANCE

Code of Federal Regulations

Subtitle H Agricultural Conservation Easement Program

SENATE, No STATE OF NEW JERSEY. 217th LEGISLATURE INTRODUCED SEPTEMBER 8, 2016

TransNet Environmental Mitigation Program: Land Acquisition and Restoration Process and Criteria

4.13 Population and Housing

ORDINANCE NO

Claudia Stuart, Williamson Act Program Manager and Nick Hernandez, Planning Intern

VI. SAFETY ELEMENT I. INTRODUCTION A. PURPOSE B. AUTHORITY. 1. Safety

EXHIBIT G. Exhibit G - Page 1 RVPUB/MO/655751

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 2188

Central Lathrop Specific Plan

LIVING LANDS BIODIVERSITY GRANTS: INFORMATION AND APPLICATION. Due: January 16, 2009

CITY COUNCIL OF THE CITY OF NOVATO ORDINANCE NO. 1602

Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES

1.1 Purpose. The purpose of this chapter is to summarize guidance on those requirements generally applicable to grant programs.

Planning Commission Staff Report August 6, 2015

CURRENT THROUGH PL , APPROVED 11/11/2009

Be Happy, Stay Rural!

Second Reading and Adoption of Zone Text Amendment Ordinance 1/15/19

Corporation Of The City Of Kingston. Ontario. By-Law Number A By-Law To Provide For The Conveyance Of Land For Park Purposes,

City of San Juan Capistrano. Agenda Memorandum

Down Payment and Closing Cost Assistance. Neighborhood Housing Services of Bedford Stuyvesant 1012 Gates Avenue Brooklyn, NY 11221

ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DALY CITY REPEALING AND REPLACING CHAPTER RE: INCLUSIONARY HOUSING

Thurston County Planning Department BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING DRAFT AMENDMENTS TO THE CRITICAL AREAS REGULATIONS. Chapter 24.

EXHIBIT A ENVIRONMENTAL COVENANT AND ACCESS AGREEMENT

Guide to the California Density Bonus Law

Using Easements to Conserve Biodiversity. Jeff Lerner Defenders of Wildlife

Thurston County Planning Department PUBLIC HEARING DRAFT. AMENDMENTS TO THE CRITICAL AREAS REGULATIONS Chapter /18/2011 GENERAL PROVISIONS

COUNTY OF SANTA BARBARA PLANNING AND DEVELOPMENT MEMORANDUM. Santa Barbara County Planning Commission

Planning Department 168 North Edwards Street Post Office Drawer L Independence, California 93526

GOVERNMENT CODE SECTION GOVERNMENT CODE SECTION 65302

Butte County Board of Supervisors

IMPACT OF NEW HOUSING LEGISLATION City of Concord

Central Pennsylvania Conservancy Project Selection Criteria Form

Subdivision Map Act and CEQA Compliance:

MIDWAY CITY Municipal Code

A. Maintenance. All legally established, nonconforming structures can be maintained (e.g., painting and repairs);

ASSEMBLY BILL No. 73. Introduced by Assembly Members Chiu and Caballero (Coauthors: Assembly Members Mullin, Santiago, and Ting) December 16, 2016

LETTER OF OPPOSITION TO SENATE BILL 1069 (WIECKOWSKI) ACCESSORY DWELLING UNITS

Section 4(f) Why don t we build the road through this green space over here?

RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE MONTESSA SUBDIVISION

SB 1818 Q & A. CCAPA s Answers to Frequently Asked Questions Regarding SB 1818 (Hollingsworth) Changes to Density Bonus Law

STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL. State of California GOVERNMENT CODE. Section 65915

DEPARTMENT OF FISH AND WILDLIFE ENVIRONMENTAL FILING FEES (Fish and Game Code 711.4)

UNDERSTANDING THE 2017 HOUSING BILLS Bay Area Planning Directors Association

2012 Berkeley Way, Berkeley, California Government Code Section Project Submittal 1.C Applicant Statement October 26, 2018

Executive Summary Planning Code Text Amendment HEARING DATE: MAY 10, 2018

AGENDA ITEM Public Utilities Commission City and County of San Francisco

1. Future Land Use FLU6.6.8 Land uses within the Rural Service Area portion of the Wekiva Study Area shall be limited to very low and low intensity

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 437

07/16/2014 Item #10E Page 1

Requirements for Housing Trust Fund Environmental Provisions - HTF Combined with Other Funds September 20, 2016

IRS FORM 8283 SUPPLEMENTAL STATEMENT DONATION OF CONSERVATION EASEMENT

BY BOARD OF COUNTY COMMISSIONERS AN ACT TO BE ENTITLED

APPLICATION FOR 555 Washington Street Tentative Map Red Bluff, CA Subdivision Map (530) ext Parcel Map.

Chapter 9 - Non-Conformities CHAPTER 9 - INDEX

CITY OF CORNING TENTATIVE MAPS

Chapter 100 Planned Unit Development in Corvallis Urban Fringe

ENVIRONMENTAL REVIEW ENVIRONMENTAL COMPLIANCE PROCESS FOR HUD GRANTEES

Appendix B3. Out of Area Service Agreement Application (updated 1/2008) Alameda Local Agency Formation Commission

RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA APPROVING VESTING TENTATIVE TRACT MAP December 13, 2016

TOWN OF SAN ANSELMO PLANNING COMMISSION STAFF REPORT. For the meeting of January 11, Agenda Item 6C. Zone X (Minimal Flood Hazard Area)

GOVERNMENT CODE SECTION

Transfer of Development Rights

TOWN OF MIDDLEBOROUGH COMMUNITY PRESERVATION PLAN

Finding Common Ground: Smart Growth and Affordable Housing in Rhode Island

APPENDIX "B" STANISLAUS COUNTY FARMLAND MITIGATION PROGRAM GUIDELINES

PAPRlamird5-Four Seasons

Biodiversity Planning Policy and Guidelines for (LEP) Rezoning Proposals

ATTACHMENT A: FINDINGS

Agenda Item No. October 14, Honorable Mayor and City Council Attention: David J. Van Kirk, City Manager

SESSION OF 1993 Act No AN ACT TABLE OF CONTENTS

COASTAL CONSERVANCY. Staff Recommendation August 2, 2012 HARE CREEK BEACH COASTAL ACCESS TRAIL. Project No Project Manager: Lisa Ames

LOS ANGELES, CALIFORNIA EXEMPTION. COUNCIL DISTRICT City of Los Angeles Department of City Planning

Strategic assessment scoping document - Solomon Heights, Vic

SENATE, No STATE OF NEW JERSEY. 218th LEGISLATURE INTRODUCED JANUARY 22, 2018

ARTICLE XI - CONSERVATION SUBDIVISIONS

TOWNSHIP OF GEORGIAN BAY OFFICIAL PLAN ADOPTED BY COUNCIL

CONSERVATION EASEMENT INCLUDING MITIGATION

CHAPTER 12. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

DEPARTMENT OF THE ARMY OFFICE OF THE CHIEF OF ENGINEERS WASHINGTON. D.C MAR

114 STAT PUBLIC LAW OCT. 11, 2000

Executive Summary Planning Code Text Amendment HEARING DATE: JANUARY 11, 2018 EXPIRATION DATE: FEBRUARY 20, 2018

Agenda Report TO: CITY COUNCIL DATE: NOVEMBER 21, 2005 FROM: CITY MANAGER

Town of Niagara-on-the-Lake Official Plan Review. Discussion Paper: Second Residential Units. Prepared for: The Town of Niagara-on-the-Lake

Transcription:

Streamlining Infill in the CEQA Guidelines (SB 226)

Strategic Growth Council: Identifying Infill Barriers Looking within state agencies to reduce conflicts and promote successful programs Working with federal, regional and local partners to develop strategies for urban and rural areas Bringing strategies to the Council beginning in September, more throughout the year Goals: Understand the differences of infill and greenfield Revise programs and policies to simplify infill development Broad understanding of the need for infill to advance sustainability Durable communication channels and integrated policy thinking

General Goals Protect natural resources and improve quality of life by directing new growth to existing cities and suburbs Action Item #2 CEQA exemption for housing in built up areas

Does CEQA Promote Infill? 21159.21. CRITERIA TO QUALIFY FOR HOUSING PROJECT EXEMPTIONS A housing project qualifies for an exemption from this division pursuant to Section 21159.22, 21159.23, or 21159.24 if it meets the criteria in the applicable section and all of the following criteria: (a) The project is consistent with any applicable general plan, specific plan, and local coastal program, including any mitigation measures required by a plan or program, as that plan or program existed on the date that the application was deemed complete and with any applicable zoning ordinance, as that zoning ordinance existed on the date that the application was deemed complete, except that a project shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the project site has not been rezoned to conform with a more recently adopted general plan. (b) Community-level environmental review has been adopted or certified. (c) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees. (d) The site of the project does not contain wetlands, does not have any value as a wildlife habitat, and the project does not harm any species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or by the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), 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. For the purposes of this subdivision, wetlands has the same meaning as in Section 328.3 of Title 33 of the Code of Federal Regulations and wildlife habitat means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. (e) The site of the project is not included on any list of facilities and sites compiled pursuant to Section 65962.5 of the Government Code. (f) The site of the 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. (1) 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. (2) 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. (g) The project does not have a significant effect on historical resources pursuant to Section 21084.1. (h) The project site is not subject to any of the following: (1) 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. (2) An unusually high risk of fire or explosion from materials stored or used on nearby properties. (3) Risk of a public health exposure at a level that would exceed the standards established by any state or federal agency. (4) 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. (5) 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. (i) (1) The project site is not located on developed open space. (2) For the purposes of this subdivision, developed open space means land that meets all of the following criteria: (A) Is publicly owned, or financed in whole or in part by public funds. (B) Is generally open to, and available for use by, the public. (C) 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. (3) For the purposes of this subdivision, 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 by public funds dedicated to the acquisition of land for housing purposes. (j) The project site is not located within the boundaries of a state conservancy. 21159.24. INFILL HOUSING EXEMPTION (a) Except as provided in subdivision (b), this division does not apply to a project if all of the following criteria are met: (1) The project is a residential project on an infill site. (2) The project is located within an urbanized area. (3) The project satisfies the criteria of Section 21159.21. (4) Within five years of the date that the application for the project is deemed complete pursuant to Section 65943 of the Government Code, community-level environmental review was certified or adopted. (5) The site of the project is not more than four acres in total area. (6) The project does not contain more than 100 residential units. (7) Either of the following criteria are met: (A) (i) At least 10 percent of the housing is sold to families of moderate income, or not less than 10 percent of the housing is rented to families of low income, or not less than 5 percent of the housing is rented to families of very low income. (ii) The 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 determined pursuant to paragraph (3) of subdivision (h) of Section 65589.5 of the Government Code. (B) The 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 subparagraph (A). (8) The project is within one-half mile of a major transit stop. (9) The project does not include any single level building that exceeds 100,000 square feet. (10) The project promotes higher density infill housing. A project with a density of at least 20 units per acre shall be conclusively presumed to promote higher density infill housing. A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density housing unless the preponderance of the evidence demonstrates otherwise. (b) Notwithstanding subdivision (a), this division shall apply to a development project that meets the criteria described in subdivision (a), if any of the following occur: (1) There is a reasonable possibility that the project will have a project-specific, significant effect on the environment due to unusual circumstances. (2) Substantial changes with respect to the circumstances under which the project is being undertaken that are related to the project have occurred since community-level environmental review was certified or adopted. (3) New information becomes available regarding the circumstances under which the project is being undertaken and that is related to the project, that was not known, and could not have been known, at the time that community-level environmental review was certified or adopted. (c) If a project satisfies the criteria described in subdivision (a), but is not exempt from this division as result of satisfying the criteria described in subdivision (b), the analysis of the environmental effects of the project in the environmental impact report or the negative declaration shall be limited to an analysis of the project-specific effect of the projects and any effects identified pursuant to paragraph (2) or (3) of subdivision (b). (d) For the purposes of this section, residential means a use consisting of either of the following: (1) Residential units only. (2) Residential units and primarily neighborhood-serving goods, services, or retail uses that do not exceed 15 percent of the total floor area of the project.

Background on SB 226 CEQA does not apply to effects that either: Were previously analyzed in a programmatic EIR for a planning level decision; or Are substantially mitigated by uniformly applicable development policies Development Certainty and Quicker Process No New Review if: All effects previously analyzed or addressed by development policies New review if: New or more significant effect, but focused Off the table: previously analyzed, addressed by development policies Limited Scope EIR where new effects are significant No growth inducing analysis Limited alternatives analysis

What Projects Are Eligible? Project Location Project site previously developed, or surrounded on 3 sides Within incorporated cities and dense islands Project Type Residential Commercial and retail (Minimum FAR 0.5) Public office buildings Transit stations Schools Requirements Consistent with Sustainable Communities Strategy / APS Implements statewide performance standards d for infill

Developing the Performance Standards Objective Maximize environmental benefit Approach Keep it simple for infill that realizes the greatest environmental benefit VMT as an umbrella metric * Promote Infill GHG VMT (SB 375) Energy Use Water Use Transit supportive communities * Protect public health Options Locate in low VMT areas Design project to reduce driving (i.e., near transit or consumers)

Key Points Better planning = more streamlining Regional Local VMT matters Beyond CEQA

Thank you! Christopher Calfee Senior Counsel Governor s Office of Planning and Research christopher.calfee@opr.ca.gov