Chapter 2.7Modernization of Transportation Analysis for Transit-Oriented Infill Projects

Section § 21099

Explanation

This law defines key terms related to development projects within transit priority areas, like employment center projects and infill sites. It instructs the Office of Planning and Research to develop guidelines to evaluate the transportation impacts of these projects, emphasizing the reduction of greenhouse gas emissions and the creation of multimodal transport options and diverse land use instead of focusing on automobile traffic. Automobiles' delay isn't viewed as a major environmental impact unless specifically outlined in the guidelines.

Additionally, the law specifies that aesthetic and parking impacts on certain projects within these areas aren't considered significant environmental impacts, yet it allows local agencies to maintain their aesthetic evaluations. Public agencies can also adopt stricter environmental protections if they choose. Overall, this section focuses on sustainable development in areas near public transit by revising how transportation impacts are measured and assessed.

(a)CA Public Resources Code § 21099(a) For purposes of this section, the following terms mean the following:
(1)CA Public Resources Code § 21099(a)(1) “Employment center project” means a project located on property zoned for commercial uses with a floor area ratio of no less than 0.75 and that is located within a transit priority area.
(2)CA Public Resources Code § 21099(a)(2) “Floor area ratio” means the ratio of gross building area of the development, excluding structured parking areas, proposed for the project divided by the net lot area.
(3)CA Public Resources Code § 21099(a)(3) “Gross building area” means the sum of all finished areas of all floors of a building included within the outside faces of its exterior walls.
(4)CA Public Resources Code § 21099(a)(4) “Infill site” means a lot located within an urban area that has been previously developed, or on a vacant site where at least 75 percent of the perimeter of the site adjoins, or is separated only by an improved public right-of-way from, parcels that are developed with qualified urban uses.
(5)CA Public Resources Code § 21099(a)(5) “Lot” means all parcels utilized by the project.
(6)CA Public Resources Code § 21099(a)(6) “Net lot area” means the area of a lot, excluding publicly dedicated land and private streets that meet local standards, and other public use areas as determined by the local land use authority.
(7)CA Public Resources Code § 21099(a)(7) “Transit priority area” means an area within one-half mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program or applicable regional transportation plan.
(b)Copy CA Public Resources Code § 21099(b)
(1)Copy CA Public Resources Code § 21099(b)(1) The Office of Planning and Research shall prepare, develop, and transmit to the Secretary of the Natural Resources Agency for certification and adoption proposed revisions to the guidelines adopted pursuant to Section 21083 establishing criteria for determining the significance of transportation impacts of projects within transit priority areas. Those criteria shall promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses. In developing the criteria, the office shall recommend potential metrics to measure transportation impacts that may include, but are not limited to, vehicle miles traveled, vehicle miles traveled per capita, automobile trip generation rates, or automobile trips generated. The office may also establish criteria for models used to analyze transportation impacts to ensure the models are accurate, reliable, and consistent with the intent of this section.
(2)CA Public Resources Code § 21099(b)(2) Upon certification of the guidelines by the Secretary of the Natural Resources Agency pursuant to this section, automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment pursuant to this division, except in locations specifically identified in the guidelines, if any.
(3)CA Public Resources Code § 21099(b)(3) This subdivision does not relieve a public agency of the requirement to analyze a project’s potentially significant transportation impacts related to air quality, noise, safety, or any other impact associated with transportation. The methodology established by these guidelines shall not create a presumption that a project will not result in significant impacts related to air quality, noise, safety, or any other impact associated with transportation. Notwithstanding the foregoing, the adequacy of parking for a project shall not support a finding of significance pursuant to this section.
(4)CA Public Resources Code § 21099(b)(4) This subdivision does not preclude the application of local general plan policies, zoning codes, conditions of approval, thresholds, or any other planning requirements pursuant to the police power or any other authority.
(5)CA Public Resources Code § 21099(b)(5) On or before July 1, 2014, the Office of Planning and Research shall circulate a draft revision prepared pursuant to paragraph (1).
(c)Copy CA Public Resources Code § 21099(c)
(1)Copy CA Public Resources Code § 21099(c)(1) The Office of Planning and Research may adopt guidelines pursuant to Section 21083 establishing alternative metrics to the metrics used for traffic levels of service for transportation impacts outside transit priority areas. The alternative metrics may include the retention of traffic levels of service, where appropriate and as determined by the office.
(2)CA Public Resources Code § 21099(c)(2) This subdivision shall not affect the standard of review that would apply to the new guidelines adopted pursuant to this section.
(d)Copy CA Public Resources Code § 21099(d)
(1)Copy CA Public Resources Code § 21099(d)(1) Aesthetic and parking impacts of a residential, mixed-use residential, or employment center project on an infill site within a transit priority area shall not be considered significant impacts on the environment.
(2)Copy CA Public Resources Code § 21099(d)(2)
(A)Copy CA Public Resources Code § 21099(d)(2)(A) This subdivision does not affect, change, or modify the authority of a lead agency to consider aesthetic impacts pursuant to local design review ordinances or other discretionary powers provided by other laws or policies.
(B)CA Public Resources Code § 21099(d)(2)(A)(B) For the purposes of this subdivision, aesthetic impacts do not include impacts on historical or cultural resources.
(e)CA Public Resources Code § 21099(e) This section does not affect the authority of a public agency to establish or adopt thresholds of significance that are more protective of the environment.
transit priority areas employment center projects floor area ratio gross building area infill site greenhouse gas emissions multimodal transportation vehicle miles traveled traffic impacts transportation guidelines aesthetic impacts parking impacts urban development public transit development environmental assessment
(Amended by Stats. 2019, Ch. 466, Sec. 5. (AB 1824) Effective January 1, 2020.)

Section § 21099.5

Explanation

This law requires the Department of Housing and Community Development to conduct a study by January 1, 2028, on how 'vehicle miles traveled' is used to measure transportation impacts of housing projects. The study will involve consultations with local governments and other interested parties, including state and local agencies and industry organizations. It will assess implementation outcomes, compare mitigation measures at different levels, evaluate their costs, and discuss housing project types exempted from analysis.

The study will also consider differences in mitigation strategies across varying areas, including rural, suburban, and urban settings, and explore the relationship between reducing vehicle miles traveled, reducing greenhouse gas emissions, and various socio-economic factors. The section's implementation depends on legislative funding and is set to be repealed on January 1, 2029.

(a)CA Public Resources Code § 21099.5(a) On or before January 1, 2028, the Department of Housing and Community Development shall conduct and post on its internet website a study on how vehicle miles traveled is used as a metric for measuring transportation impacts of housing projects pursuant to this division.
(b)CA Public Resources Code § 21099.5(b) The Department of Housing and Community Development, in conducting the study, shall consult with local governments and other interested parties, including, but not limited to, all of the following:
(1)CA Public Resources Code § 21099.5(b)(1) State agencies, such as the Transportation Agency, the State Air Resources Board, the Department of Transportation, and the Office of Planning and Research.
(2)CA Public Resources Code § 21099.5(b)(2) Local agencies, or organizations represented by member agencies, such as councils of government, metropolitan planning agencies, or regional transportation planning agencies, on a volunteer basis.
(3)CA Public Resources Code § 21099.5(b)(3) Industry organizations, including those with specific expertise in analyzing traffic and housing impacts under this division, on a volunteer basis.
(c)CA Public Resources Code § 21099.5(c) The study shall include all of the following:
(1)CA Public Resources Code § 21099.5(c)(1) An analysis of the implementation and outcomes of the guidelines described in paragraph (1) of subdivision (b) of Section 21099, as they pertain to housing projects.
(2)CA Public Resources Code § 21099.5(c)(2) An analysis and comparison of how vehicle miles traveled impacts of mitigation measures are identified, measured, and deployed at the local, regional, and statewide level that shall include an exhaustive list of housing project types that are considered to increase capacity, induce vehicle miles traveled, or both. The analysis may include how the projected vehicle miles traveled is estimated for each mitigation strategy.
(3)CA Public Resources Code § 21099.5(c)(3) A list of the cost of vehicle miles traveled mitigation measures to housing projects thus far, and an analysis of whether the cost of those measures either indefinitely delayed, temporarily delayed, or necessitated the phasing of those projects.
(4)Copy CA Public Resources Code § 21099.5(c)(4)
(A)Copy CA Public Resources Code § 21099.5(c)(4)(A) A list of housing project types, if any, that are exempted from analysis of vehicle miles traveled.
(B)CA Public Resources Code § 21099.5(c)(4)(A)(B) The study may include an inventory of countywide regional vehicle miles traveled mitigation program framework studies that have been prepared for transportation or planning agencies, and summaries of the findings and conclusions of those studies.
(5)Copy CA Public Resources Code § 21099.5(c)(5)
(A)Copy CA Public Resources Code § 21099.5(c)(5)(A) An analysis of the differences in the availability and feasibility of mitigation measures to housing projects for vehicle miles traveled in rural, suburban, urban, and low vehicle miles traveled areas.
(B)CA Public Resources Code § 21099.5(c)(5)(A)(B) The analysis shall include best strategies and planning changes to mitigate vehicle miles traveled in areas where public transportation or active transportation infrastructure is infeasible.
(6)CA Public Resources Code § 21099.5(c)(6) A discussion of the relationship between vehicle miles traveled reduction, greenhouse gas emissions reduction, housing volume, housing affordability, transportation, economic development, public health, and equity.
(d)CA Public Resources Code § 21099.5(d) Implementation of this section is contingent upon an appropriation by the Legislature for purposes of this section in the annual Budget Act or another statute.
(e)CA Public Resources Code § 21099.5(e) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
vehicle miles traveled transportation impacts housing projects mitigation measures transportation planning state agencies local governments cost analysis exempt housing projects greenhouse gas emissions public health rural versus urban strategies economic development equity in transportation legislative funding
(Added by Stats. 2024, Ch. 773, Sec. 1. (SB 768) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)