Exhibt CC 10-15-13 Item #9 CC-10 Supplemental Text Revisions, Apple Campus 2 Project Final Environmental Impact
October 8, 2013
Aarti Shrivastava and Piu Ghosh, City of Cupertino
Adam Weinstein and Judith Malamut
Supplemental Text Revisions, Apple Campus 2 Project Final Environmental Impact
Report (EIR)
This memorandum describes changes made to the text of the Apple Campus 2 Project Final EIR
following publication of the Response to Comments Document on September 23, 2013.
I. Mitigation for Impact TRANS-23
The text changes include the addition of a new alternative mitigation measure to reduce to a less-than-
significant level impacts related to the proposed three left-turns out of the Wolfe Road project
driveway. As described below, identification of this new alternative mitigation measure, Mitigation
Measure TRANS-27 (Second Alternate), is not considered “significant new information” pursuant to
CEQA Guidelines Section 15088.5 and would not require recirculation of the Draft EIR.
Background: The Planning Commission recommended that Mitigation Measure TRANS-23
(Alternate) on page 163 of the Response to Comments Document be adopted with a modification to
delete the fifth bullet point. This minor change, to eliminate the penalty provision, would not reduce
the efficacy of the measure as confirmed by Fehr & Peers. The measure already includes a strong
incentive (i.e., closing the third lane) for the applicant to manage the potential weaving and the
addition of a penalty is not necessary for the effectiveness of Mitigation Measure TRANS-23
(Alternate). Accordingly, a third alternative mitigation measure, Mitigation Measure TRANS-23
(Second Alternate), has been identified that is the same as the TRANS-23 Alternate, but without the
penalty.
Text Revisions: Page 418 of the Draft EIR is revised as follows: (added text is underlined; deleted
text is shown in strikeout):
Impact TRANS-23: Based on City of Cupertino standards, the design of the project
with three left-turn lanes on the Wolfe Road driveway approach would cause a
substantial increase in conflicts due to vehicles weaving on Wolfe Road between the
driveway and the I-280 ramps in order to merge and align into the correct lanes to
enter the freeway upon exiting the campus. (S)
Implementation of one of the following two three mitigation measures would reduce this
impact to a less-than-significant level:
Mitigation Measure TRANS-23: At the main project driveway on Wolfe Road, the
project sponsor shall reduce the number of left turn lanes from three to two. This would
reduce the weaving on southbound Wolfe Road between the driveway and the I-280
northbound on-ramp since there would be, at most, a one-lane lane change in order for
drivers to align themselves to the correct lane. (LTS)
OR
Mitigation Measure TRANS-23 (Alternate): The project sponsor shall be permitted to
construct three left-turn exit lanes from the project site to Wolfe Road if all of the
following measures are implemented:
Clear signage, including but not limited to overhead signs, shall be installed to
indicate the destination of each of the three exit lanes in order to discourage unsafe
lane changes.
Each lane on Wolfe Road, between the driveway and Pruneridge Avenue, shall be
clearly marked by painted stripes, directional arrows, and destination legends to
indicate the destination of each lane and to indicate by double lines or other
appropriate markings that changing lanes is a violation of law.
The project sponsor shall fund the following measures for a trial period of nine
months from issuance of the first certificate of occupancy for the Main Building and
shall install closed-circuit video cameras linked to the City’s Traffic Operations
Center to continuously record vehicle movements at the project driveway and along
southbound Wolfe Road. Trained personnel, who are independent from the project
sponsor, shall periodically review the video footage at the direction of the City, and
provide a report at the end of each month to the Public Works Department. This
report shall document any unsafe or illegal lane changes (violations) observed, noting
accidents caused by violations and noting whether, in the professional judgment of
the independent observer, the observed violations constitute a safety problem that
should be addressed and, if so, recommending measures to address them.
If, at any time following the nine-month trial period implementation of the measures
listed above do not substantially prevent violations, in the professional opinion of the
independent observer and the City, the City shall determine whether additional
measures are required, or whether the number of lanes must be reduced to two exit
lanes. Monitoring shall continue until nine months following full occupancy of the
project.
A penalty of $500 per violation during the PM 2-hour peak period per day shall be
paid by the project sponsor to the City. The number of violations shall be determined
by the independent observer based upon review of the video footage and extrapolated
to account for daily activity during the PM 2-hour peak period should daily video
footage not be reviewed.
The project sponsor shall develop employee education materials, to the satisfaction of
the City, explaining the proper use of the driveway exit lanes without weaving among
lanes. (LTS)
OR
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Mitigation Measure TRANS-23 (Second Alternate): The project sponsor shall be
permitted to construct three left-turn exit lanes from the project site to Wolfe Road if all
of the following measures are implemented:
• Clear signage, including but not limited to overhead signs, shall be installed to
indicate the destination of each of the three exit lanes in order to discourage unsafe
lane changes.
• Each lane on Wolfe Road, between the driveway and Pruneridge Avenue, shall be
clearly marked by painted stripes, directional arrows, and destination legends to
indicate the destination of each lane and to indicate by double lines or other
appropriate markings that changing lanes is a violation of law.
• The project sponsor shall fund the following measures for a trial period of nine months
from issuance of the first certificate of occupancy for the Main Building and shall
install closed-circuit video cameras linked to the City’s Traffic Operations Center to
continuously record vehicle movements at the project driveway and along southbound
Wolfe Road. Trained personnel, who are independent from the project sponsor, shall
periodically review the video footage at the direction of the City, and provide a report
at the end of each month to the Public Works Department. This report shall document
any unsafe or illegal lane changes (violations) observed, noting accidents caused by
violations and noting whether, in the professional judgment of the independent
observer, the observed violations constitute a safety problem that should be addressed
and, if so, recommending measures to address them.
• If, at any time following the nine-month trial period implementation of the measures
listed above do not substantially prevent violations, in the professional opinion of the
independent observer and the City, the City shall determine whether additional
measures are required, or whether the number of lanes must be reduced to two exit
lanes. Monitoring shall continue until nine months following full occupancy of the
project.
• The project sponsor shall develop employee education materials, to the satisfaction of
the City, explaining the proper use of the driveway exit lanes without weaving among
lanes. (LTS)
Conclusion. As described in the memorandum from Fehr & Peers (Attachment A), implementation of
Mitigation Measure TRANS-23 (Second Alternate) would reduce Impact TRANS-23 to a less-than-
significant level. This new mitigation measure would allow the project sponsor to retain the proposed
three left turn project driveway while allowing for measures to disallow lane changing on this
segment of Wolfe Road and monitoring. This mitigation measure, if selected by the City Council,
would be adopted by the project sponsor.
This new mitigation measure is not considered “significant new information” pursuant to CEQA
Guidelines Section 15088.5 because: 1) it would not cause a new environmental impact; 2) it would
not cause a substantial increase in the severity of an environmental impact; 3) the project sponsor
would adopt the mitigation measure, if the measure is selected by the City Council; and 4) the new
mitigation measure does not preclude meaningful public review and comment because it is
substantively similar to the previously-identified measures. Therefore, recirculation of the Draft EIR
is not required.
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II. Mitigation for Impact TRANS-27
The text changes include the addition of a third alternative mitigation measure to reduce to a less-
than-significant level impacts related to an existing driveway at Cupertino Village. As described
below, identification of this new alternative mitigation measure, Mitigation Measure TRANS-27
(Second Alternate), is not considered “significant new information” pursuant to CEQA Guidelines
Section 15088.5 and would not require recirculation of the Draft EIR.
Background. As discussed on pages 164 and 165 of the Response to Comments Document (see also
page 421 of the Draft EIR), the proximity of an existing Cupertino Village driveway to the proposed
main project driveway at North Wolfe Road could result in hazards for vehicles exiting the Cupertino
Village driveway (which currently allows for right-turns in and right-turns out). This impact was
identified as Impact TRANS-27 in the Final EIR. Two mitigation measures were identified to reduce
this impact to a less-than-significant level. The first, Mitigation Measure TRANS-27, would require
the closure of the Cupertino Village driveway. The second, Mitigation Measure TRANS-27
(Alternate), would restrict the driveway to right-turns in only.
Since the publication of the Response to Comment Document, an additional mitigation measure has
been identified that would be as effective as the already-identified measures in reducing Impact
TRANS-27 to a less-than-significant level. This new mitigation measure, which would allow for the
retention of right-turns in and right-turns out of the Cupertino Village driveway, should it be
determined that this movement is necessary for shopping center operations. Fehr & Peers conducted
an analysis, which confirms that the third alternative mitigation measure also would be effective in
reducing hazards to a less-than-significant level. That analysis is summarized in the October 8, 2013
Fehr & Peers memorandum in Attachment A.
Text Changes. Page 421 of the Final EIR is revised as follows (added text is underlined; deleted text
is shown in strikeout):
Evaluation of Adjacent Driveway Conditions.
The Cupertino Village has a driveway on Wolfe
Road that is directly north of/adjacent to the new project driveway intersection. Vehicles exiting the
driveway might try to maneuver across the three southbound through lanes to access the left-turn
lanes to turn into the project site or make a U-turn, resulting in hazardous conditions for vehicles.
Additionally, during the peak commute periods, the southbound traffic volumes are high and may
create queues that effectively block driveway access, which could potentially lead to impatient drivers
merging into traffic when there are insufficient gaps. Safety features should be implemented at the
driveway to reduce hazards. This driveway should be restricted to right turns in only or closed due to
its proximity to the new signalized intersection.
Impact TRANS-27: The proposed location of the project driveway intersection on Wolfe
Road and the associated congestion would result in hazards for vehicles exiting the
southernmost Wolfe Road driveway to the Cupertino Village shopping center (City of
Cupertino and CEQA). (S)
Implementation of one of the following three two mitigation measures would reduce this
impact to a less-than-significant level:
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Mitigation Measure TRANS-27: The southernmost driveway to the Cupertino Village
shall be closed. With this mitigation the impact would be less-than-significant. (LTS)
OR
Mitigation Measure TRANS-27 (Alternate): The southernmost driveway to the Cupertino
Village shall be restricted to right-turns in only. With this mitigation the impact would be
less-than-significant. (LTS)
OR
Mitigation Measure TRANS-27 (Second Alternate): The southernmost driveway to
Cupertino Village shall be retained as a right-turn in and out driveway with the
implementation of adequate safety features approved by the Director of Public Works.
These safety features, such as added traffic signal heads and signage, shall prohibit
vehicles turning right out of the driveway when southbound Wolfe Road traffic has a red
signal indication at the intersection of Wolfe Road and the project driveway. The safety
features shall also accommodate pedestrians crossing Wolfe Road. With this mitigation
the impact would be less-than-significant. (LTS)
Conclusion. As described in the memorandum from Fehr & Peers (Attachment A), implementation of
TRANS-27 (Second Alternate) would reduce Impact TRANS-27 to a less-than-significant level. This
new mitigation measure would preserve existing egress/ingress at the driveway while ensuring that
vehicles making right-turns out of the driveway do not create unsafe conditions. This mitigation
measure, if selected by the City Council, would be adopted by the project sponsor with the support of
the owner of Cupertino Village.
This new mitigation measure is not considered “significant new information” pursuant to CEQA
Guidelines Section 15088.5 because: 1) it would not cause a new environmental impact; 2) it would
not cause a substantial increase in the severity of an environmental impact; 3) the project sponsor
would adopt the mitigation measure, if the measure is selected by the City Council; and 4) the new
mitigation measure does not preclude meaningful public review and comment because it is
substantively similar to the previously-identified measures. Therefore, recirculation of the Draft EIR
is not required.
III. Amendments to the Jobs and Economic Improvement Through Environmental Leadership
Act (also known as AB 900)
After the Response to Comments Document was published on September 23, 2013, the Governor
signed Senate Bill (SB) 743 (Steinberg) on September 27, 2013 (Stats. 2013 Ch. 386). SB 743
amends CEQA, including Chapter 6.5 (Jobs and Economic Improvement Through Environmental
Leadership Act of 2011, or Assembly Bill (AB) 900). The text on the cover sheets of the Response to
Comment Document is revised as follows to reflect the amendments to AB 900 and, in particular,
Public Resources Code Section 21187 (added text is underlined; deleted text is shown in strikeout):
THIS EIR IS SUBJECT TO, AND THE APPLICANT HAS ELECTED TO PROCEED
UNDER, CHAPTER 6.5 (COMMENCING WITH SECTION 21178) OF THE PUBLIC
5
RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT ANY JUDICIAL
ACTION CHALLENGING THE CERTIFICATION OF THE EIR OR THE APPROVAL OF THE
PROJECT DESCRIBED IN THE EIR IS SUBJECT TO THE PROCEDURES SET FORTH IN
SECTION 21185* TO 21186, INCLUSIVE, OF THE PUBLIC RESOURCES CODE.** A COPY
OF CHAPTER 6.5 (COMMENCING WITH SECTION 21178) OF THE PUBLIC RESOURCES
CODE WAS INCLUDED AS APPENDIX I TO THE DRAFT EIR.
* THIS LANGUAGE IS PROVIDED IN ACCORDANCE WITH SECTION 21187 OF
THE PUBLIC RESOURCES CODE. PLEASE NOTE THAT, AS OF SEPTEMBER 16,
2013, SECTION 21187 REFERS TO “THE PROCEDURES SET FORTH IN SECTION
21178.2 OF THE PUBLIC RESOURCES CODE.” HOWEVER, THERE IS NO
SECTION 21178.2. INSTEAD, THE RELEVANT PROCEDURES ARE SET FORTH
IN SECTION 21185 OF THE PUBLIC RESOURCES CODE.
** PLEASE NOTE THAT, AS OF SEPTEMBER 16, 2013, PUBLIC RESOURCES CODE
SECTION 21185 STATED STATES IN PART THAT “THE ACTION OR
PROCEEDING SHALL BE FILED IN THE COURT OF APPEAL WITH
GEOGRAPHIC JURISDICTION OVER THE PROJECT.” THAT CODE SECTION
WAS THE SUBJECT OF LITIGATION COMMENCED IN THE SUPERIOR COURT
OF ALAMEDA COUNTY (PLANNING & CONSERVATION LEAGUE V. STATE
OF CALIFORNIA, CASE NO. RG12626904). ON JUNE 3, 2013, THE COURT
ISSUED ITS JUDGMENT THAT PUBLIC RESOURCES CODE SECTION 21185,
SUBDIVISION (a)(1) IS FACIALLY UNCONSTITUTIONAL AND VOID BECAUSE
IT RESTRICTS THE ORIGINAL JURISDICTION OF THE SUPREME COURT AND
SUPERIOR COURTS, AS CONFERRED BY ARTICLE VI, SECTION 10 OF THE
CALIFORNIA CONSTITUTION. AT THE TIME OF PUBLICATION OF THIS
RESPONSE TO COMMENTS DOCUMENT, SENATE BILL 743 (PROPOSING
AMENDMENTS TO CHAPTER 6.5 OF THE PUBLIC RESOURCES CODE) HAD
BEEN APPROVED BY BOTH THE STATE SENATE AND THE STATE
6
ASSEMBLY. THE DEADLINE FOR THE GOVERNOR OF CALIFORNIA
TOAPPROVE SIGNED THE BILL IS OCTOBER 13ON SEPTEMBER 27, 2013. FOR
THE MOST CURRENT VERSION OF CHAPTER 6.5, PLEASE REFER TO
http://leginfo.legislature.ca.gov/. THE STATUS OF SECTION 21185(a)(1) MAY OR
MAY NOT CHANGE AFTER THE PRINTING OF THIS DOCUMENT.
INTERESTED PARTIES SHOULD DETERMINE FOR THEMSELVES THE STATUS
OF SECTION 21185(a)(1) WHEN CONTEMPLATING ANY ACTION INVOLVING
CHAPTER 6.5 OF THE PUBLIC RESOURCES CODE. THE CITY OF CUPERTINO
MAKES NO REPRESENTATIONS ABOUT THE EFFECT OF THIS LITIGATION
OR THIS NEW LEGISLATION ON THE PROVISIONS OF CHAPTER 6.5 OF THE
PUBLIC RESOURCES CODE.
In addition, a copy of SB 743 is included in Attachment B to this memorandum.Note that only
Sections 8 through 15 of SB 743 affect Chapter 6.5, the Jobs and Economic Improvement Through
Environmental Leadership Act.
IV. Minor Changes to Mitigation Measure PLAN-2
Pages 151 and 152 of the Draft EIR are revised as follows to reference Mitigation Measure TRANS-
23 (Alternate) (added text is underlined; deleted text is shown in strikeout):
Mitigation Measure PLAN-2: The project sponsor shall implement the following measures to
the satisfaction of the City:
a.Fund, construct, and, where necessary, provide dedications of real property
(including costs for planning, design, construction and maintenance), all bike,
pedestrian, landscaping, and sidewalk improvements in the public right-of-way along
all properties bounded by East Homestead Road, North Tantau Avenue, Vallco
Parkway, and North Wolfe Road. In locations where the improvements are adjacent
to property with past project approvals, the design details shall be consistent with all
other improvements approved by the City.
b.A coordinated wayfinding scheme shall be introduced along the entire alternate east-
west loop (North Wolfe Road, East Homestead Road, Vallco Parkway, and North
Tantau Avenue). Wayfinding signage shall be designed to orient visitors and
residents, pointing them to area attractions, retail areas, pedestrian and bicycle access
routes, and other important destinations. Signs shall also be designed to direct those
on foot or on bike to the safest bicycle and pedestrian routes, as well as other bicycle
and pedestrian amenities.
c. Enhanced bike lanes, pedestrian paths, fencing, guard rails (if feasible), and
pedestrian- scaled lighting shall be installed along the North Wolfe Road bridge over
I-280.
7
d.Other bicycle and pedestrian amenities, such as high visibility crosswalks, “yield to
pedestrians” signage, leading pedestrian intervals at signalized intersections, and
other publically accessible amenities (e.g., bicycle racks, benches, attractive
pedestrian-oriented lighting, and landscaping) along the project site perimeter shall
be installed. These amenities shall be designed to improve the safety and
attractiveness of alternative modes of travel within the vicinity of the project site.
e.Implement Mitigation Measures: TRANS-23 (as adopted) and TRANS-28 (to
improve pedestrian safety at the North Wolfe Road/Project Access intersection);
TRANS-29 (to enhance the pedestrian environment at the I-280 ramps with Wolfe
Road); and PLAN-3 (to construct an alternate Calabazas Creek pedestrian/bike trail).
f.Update American with Disabilities Act (ADA) ramps at the following locations:
Vallco Mall overpass on North Wolfe Road; northbound North Wolfe Road at I-280
south on-ramp, with updated crosswalk striping; northbound North Wolfe Road at I-
280 north on-ramp, with updated crosswalk striping; west side of North Wolfe Road
at Pruneridge Avenue; and southbound North Wolfe Road at I-280 south off-ramp,
with updated crosswalk striping. (SU)
515831.1
8
ATTACHMENT A:
FEHR & PEERS MEMO, OCTOBER 4, 2013
MEMORANDUM
Date: October 4, 2013
To: Adam Weinstein, LSA Associates
From: Jane A. Bierstedt, P.E.
Subject: Second Alternative Mitigation Measure for Impact TRANS-27 for the Apple
Campus 2 Project
SJ11-1272
Impact TRANS- 27
Road and the associated congestion would result in hazards for v
Wolfe Road driveway to Cupertino Village shopping center. (Draft EIR, p. 421.)
A mitigation measure plus an alternate are currently identified in the EIR (Responses to
Comments Document, p. 165):
TRANS-27: The southernmost driveway to Cupertino Village shall be closed. With this mitigation
the impact would be less-than-significant.
TRANS-27 (Alternate): The southernmost driveway to Cupertino Village s
right-turns in only. With this mitigation the impact would be less-than-significant.
A third alternate mitigation measure has been identified for Council consideration and adoption if
the Council determines that it is necessary that right-turns out be retained. The text of the
proposed new mitigation measure is as follows:
TRANS-27 (Second Alternate): The southernmost driveway to Cupertino Vishall be retained
as a right-turn in and out driveway with the implementation of adequate saf
by the Director of Public Works. These safety features, such as dded traffic signal heads and
signage, shall prohibit vehicles turning right out of the driveway when southbo
traffic has a red signal indication at the intersection of Wolfeproject driveway. The
160 W. Santa Clara Street | Suite 675 | San Jose, CA 95113 | (40-1700 | Fax (408) 278-1717
www.fehrandpeers.com
Adam Weinstein
October 4, 2013
Page 2 of 3
safety features shall also accommodate pedestrians crossing Wolfe Road. With this mitigation the
impact would be less-than-significant.
DISCUSSION
Cupertino Village shopping center is located on the southwest corner of the intersection of
Homestead Road and Wolfe Road. It has three right-turn in/out driveways on Wolfe Road plus
access via Pruneridge Avenue to the signalized full access intersection of Wolfe Road and
Pruneridge Avenue, for a total of four access points to Wolfe Road. The Apple Campus 2 (project)
driveway will be located on the east side of Wolfe Road, approximately 275 feet north of the
Wolfe Road/Pruneridge Avenue intersection. This would result in the project driveway being
located across the street from and immediately to the south of the southernmost Cupertino
Village driveway. Vehicles exiting the driveway might try to maneuver across the t
southbound through lanes to access the left-turn lanes to turn into the project site or make a U-
turn, or they may attempt to proceed directly across the intersectio
2 driveway. Finally, vehicles exiting the driveway may turn rig
signal indication for southbound Wolfe Road, which would result in conflicts with vehi
left out of the Apple Campus 2 driveway. These maneuvers would be unsafe resulting in a
hazardous condition. Additionally, during the peak commute periods, the southbound traffic
volumes are high and may create queues that effectively block dr
potentially lead to impatient drivers merging into traffic when
Mitigation measure alternatives include closing the driveway (MM TRANS-27), restricting the
driveway to right-turns in only (MM TRANS-27 (Alternate)), and implementing safety features if it
is determined that the right-turn out need to be retained (MM TRANS-27 (Second Alternate)).
DRIVEWAY VOLUMES
Traffic counts were conducted for the three driveways on Wolfe RThursday, October 3
from 5:00 pm to 7:00 pm to capture the volumes during the time p
southbound Wolfe Road reach their peak, 5:30 pm to 6:30 pm. The results are summarized in
Table 1.
The traffic counts indicate that users of the site prefer the usmost driveway when
entering the site (121 inbound vehicles) and the middle driveway when exiting the site (98
Adam Weinstein
October 4, 2013
Page 3 of 3
outbound vehicles) under current conditions. The southernmost driveway is the most lightly used
with only 8 inbound vehicles and 36 outbound vehicles. The other two driveways can easily
accommodate these vehicles should it be closed or be restricted -turns in only.
TABLE 1: CUPERTINO VILLAGE WOLFE ROAD DRIVEWAY VOLUMES (PM PEAK HOUR)
Driveway In Out Total
North 121 53 174
Middle 31 98 129
South 8 36 44
Source: Fehr & Peers, October 2013.
CONCLUSIONS
All of the mitigation measures would reduce the impact to a less-than-significant level. The
preferable mitigation measure from a traffic operations perspect
followed by the alternate that restricts it to right-turns in. The safety features required to retain
right-turns out would be fairly extensive and add driving complexity to a high-volume
intersection merely to support the small number of vehicles usin
ATTACHMENT B:
ASSEMBLY BILL 900 (AMENDED)
Senate Bill No. 743
CHAPTER 386
An act to amend Sections 65088.1 and 65088.4 of the Government Code,
and to amend Sections 21181, 21183, 21186, 21187, 21189.1, and 2
of, to add Section 21155.4 to, to add Chapter 2.7 (commencing wi
21099) to Division 13 of, to add and repeal Section 21168.6.6 of, and to
repeal and add Section 21185 of, the Public Resources Code, rela
environmental quality.
[Approved by Governor September 27, 2013. Filed with
Secretary of State September 27, 2013.]
legislative counsels digest
SB 743, Steinberg.Environmental quality: transit oriented inll projects,
judicial review streamlining for environmental leadership development
projects, and entertainment and sports center in the City of Sac
(1)The Jobs and Economic ImprovementThrough Environmental
LeadershipAct of 2011 requires a party bringing an action or proceeding
alleging that a lead agency's approval of a project certied by the Governor
as an environmental leadership development project is in violation of the
California Environmental Quality Act to le the action or proceeding with
the Court of Appeal with geographic jurisdiction over the project and requires
the Court of Appeal to issue its decision within 175 days of the ling of the
petition.The Jobs and Economic ImprovementThrough Environmental
LeadershipAct of 2011 requires the lead agency to concurrently prepare
the record of proceeding for the leadership project with the review and
consideration of the project. The Jobs and Economic ImprovementThrough
Environmental Leadership Act of 2011 provides that the above provision
does not apply to a project for which a lead agency fails to certify an
environmental impact report on or before June 1, 2014. The Jobs and
Economic ImprovementThrough Environmental Leadership Act of 2011
is repealed by its own terms on January 1, 2015.
This bill would instead require the Judicial Council, on or before July 1,
2014, to adopt a rule of court to establish procedures applicabl
or proceedings seeking judicial review of a public agency's action in
certifying the environmental impact report and in granting project approval
that requires the actions or proceedings, including any appeals therefrom,
be resolved, within 270 days of the certication of the record of proceed
The bill would extend the operation of the judicial review procedures unless
the lead agency fails to certify an environmental impact report for an
environmental leadership project on or before January 1, 2016. The bill
would provide that the above provisions do not apply to a project if the
Governor does not certify the project as an environmental leadership
95
Ch.3862
¨ ¨
development project prior to January 1, 2016. Because this bill would extend
the time period for which a lead agency would be required to concurrently
prepare the record of proceeding with the review and consideration of the
environmental leadership development projects, this bill would impose a
state-mandated local program. The bill would require the lead agency, within
10 days of the Governor's certication, to issue, at the applicant's expense,
a specied public notice, thereby imposing a state-mandated loca
The bill would repeal the Jobs and Economic ImprovementThrough
Environmental Leadership Act of 2011 on January 1, 2017.
(2)The California Environmental Quality Act, commonly known as
CEQA, requires a lead agency, as dened, 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 signicant
effect on the environment or to adopt a negative declaration if it nds 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
signicant 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 signicant effect on the environment. CEQA
establishes a procedure by which a person may seek judicial review of the
decision of the lead agency made pursuant to CEQA.
This bill would provide that aesthetic and parking impacts of a residential,
mixed-use residential, or employment center project, as dened, on an inll
site, as dened, within a transit priority area, as dened, shal
considered signicant impacts on the environment.The bill would require
the Ofce of Planning and Research to prepare and submit to the
of the Natural Resources Agency, and the secretary to certify and adopt,
revisions to the guidelines for the implementation of CEQA establi
criteria for determining the signicance of transportation impac
within transit priority areas.
This bill would, except for specied circumstances, exempt from CEQA
residential, employment center, and mixed-use development projects meeting
specied criteria. Because a lead agency would be required to determine
the applicability of this exemption, this bill would impose a state-mandated
local program.
This bill would require the public agency, in certifying the environmental
impact report and in granting approvals for a specied entertainment and
sports center project located in the City of Sacramento, includi
concurrent preparation of the record of proceedings and the cert
the record of proceeding within 5 days of the ling of a specie
comply with specied procedures. Because a public agency would be
required to comply with those new procedures, this bill would impose a
state-mandated local program. The bill would require the Judicial Council,
on or before July 1, 2014, to adopt a rule of court to establish
applicable to actions or proceedings seeking judicial review of a public
agency's action in certifying the environmental impact report and in granting
project approval that requires the actions or proceedings, including any
95
3Ch.386
¨ ¨
appeals therefrom, be resolved, to the extent feasible, within 270 days of
the certication of the record of proceedings. The bill would provide that
the above provisions are inoperative and repealed on January 1 of the
following year if the applicant fails to notify the lead agency before the
release of the draft environmental impact report for public comment that
the applicant is electing to proceed pursuant to the above provisions.
(3)Existing law requires the development, adoption, and updating of a
congestion management program for each county that includes an u
area, as dened. The plan is required to contain specied elements and to
be submitted to regional agencies, as dened, for determination of whether
the program is consistent with regional transportation plans. The regional
agency is then directed to monitor the implementation of all elements
each congestion management program. The required elements include trafc
level of service standards for a system of designated highways and roadways.
Existing law denes inll opportunity zone for purposes of the
above-described provisions and exempts streets and highways in an inll
opportunity zone from the level of service standards specied in the
above-described provisions and instead requires alternate level of service
standards to be applied. Existing law prohibits a city or county from
designating an inll opportunity zone after December 31, 2009.
This bill would revise the denition of inll opportunity zone, as
specied.The bill would authorize the designation of an inll opportunity
zone that is a transit priority area within a sustainable commungy
or alternative planning strategy adopted by an applicable metropolitan
planning organization.
(4)Existing law terminates the designation of an inll opportunity zone
if no development project is completed within that zone within 4 years fr
the date of the designation.
This bill would repeal this provision.
This bill would make ndings and declarations as to the necessity of a
special statute for the City of Sacramento.
(5)The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for
a specied reason.
The people of the State of California do enact as follows:
SECTION 1.(a)The Legislature nds and declares the following:
(1)With the adoption of Chapter 728 of the Statutes of 2008, popular
known as the Sustainable Communities and Climate Protection Act of 2008,
the Legislature signaled its commitment to encouraging land use and
transportation planning decisions and investments that reduce vehicle miles
traveled and contribute to the reductions in greenhouse gas emissions
required in the California Global Warming Solutions Act of 2006 (Division
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25.5 (commencing with Section 38500) of the Health and Safety Co
Similarly, the California Complete Streets Act of 2008 (Chapter 657 of the
Statutes of 2008) requires local governments to plan for a balanced,
multimodal transportation network that meets the needs of all users of streets,
roads, and highways for safe and convenient travel.
(2)Transportation analyses under the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public Resource
Code) typically study changes in automobile delay. New methodologies
under the California Environmental Quality Act are needed for evaluating
transportation impacts that are better able to promote the states goals of
reducing greenhouse gas emissions and trafc-related air pollution,
promoting the development of a multimodal transportation system, and
providing clean, efcient access to destinations.
(b)It is the intent of the Legislature to do both of the following:
(1)Ensure that the environmental impacts of trafc, such as noise, air
pollution, and safety concerns, continue to be properly addresse
mitigated through the California Environmental Quality Act.
(2)More appropriately balance the needs of congestion management
with statewide goals related to inll development, promotion of public
health through active transportation, and reduction of greenhouse gas
emissions.
SEC. 2.The Legislature further nds and declares all of the following:
(a)The Federal Reserve has stated that [m]ost policymakers estimate
the longer-run normal rate of unemployment is between 5.2 and 6 percent.
At 7.6 percent, the current United States unemployment rate remains
markedly higher than the normal rate and both the unemployment rates in
Sacramento County and California are higher than the current nat
unemployment rate.
(b)The California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code) requires that
environmental impacts of development projects be identied and mitigated.
The act also guarantees the public an opportunity to review and comment
on the environmental impacts of a project and to participate meaningfully
in the development of mitigation measures for potentially signicant
environmental impacts.
(c)The existing home of the City of Sacramento's National Basketball
Association (NBA) team, the Sleep TrainArena, is an old and outmoded
facility located outside of the City of Sacramento's downtown area and is
not serviced by the region's existing heavy and light rail transportation
networks. It was constructed 25 years ago and a new, more efcient
entertainment and sports center located in downtown Sacramento is needed
to meet the city's and region's needs.
(d)The City of Sacramento and the region would greatly benet from
the addition of a multipurpose event center capable of hosting a wide range
of events including exhibitions, conventions, sporting events, as well as
musical, artistic, and cultural events in downtown Sacramento.
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(e)The proposed entertainment and sports center project is a
public-private partnership between the City of Sacramento and the applicant
that will result in the construction of a new state-of-the-art multipurpose
event center, and surrounding inll development in downtown Sacramento
as described in the notice of preparation released by the City o
onApril 12, 2013.
(f)The project will generate over 4,000 full-time jobs including
employees hired both during construction and operation of the enterta
and sports center project. This employment estimate does not include the
substantial job generation that will occur with the surrounding velopment
uses, which will generate additional hospitality, ofce, restaurant, and retail
jobs in Sacramento's downtown area.
(g)The project also presents an unprecedented opportunity to implem
innovative measures that will signicantly reduce trafc and air quality
impacts and mitigate the greenhouse gas emissions resulting from the project.
The project site is located in downtown Sacramento near heavy and light
rail transit facilities, situated to maximize opportunities to encourage
nonautomobile modes of travel to the entertainment and sports center project,
and is consistent with the policies and regional vision included in the
Sustainable Communities Strategy adopted pursuant to Chapter 728 of the
Statutes of 2008 by the Sacramento Area Council of Governments in April
of 2012. The project is also located within close proximity to three majo
inll development areas including projects (The Bridge District, Railyard
andTownship Nine) that received inll infrastructure grants from the state
pursuant to Proposition 1C.
(h)It is in the interest of the state to expedite judicial review of the
entertainment and sports center project, as appropriate, while p
environment and the right of the public to review, comment on, and, if
necessary, seek judicial review of, the adequacy of the environmental impact
report for the project.
SEC. 3.Section 65088.1 of the Government Code is amended to read:
65088.1.As used in this chapter the following terms have the following
meanings:
(a)Unless the context requires otherwise, agency means the agency
responsible for the preparation and adoption of the congestion m
program.
(b)Bus rapid transit corridor means a bus service that includes at least
four of the following attributes:
(1)Coordination with land use planning.
(2)Exclusive right-of-way.
(3)Improved passenger boarding facilities.
(4)Limited stops.
(5)Passenger boarding at the same height as the bus.
(6)Prepaid fares.
(7)Real-time passenger information.
(8)Trafc priority at intersections.
(9)Signal priority.
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(10)Unique vehicles.
(c)Commission means the California Transportation Commission.
(d)Department means the Department of Transportation.
(e)Inll opportunity zone means a specic area designated by a ci
or county, pursuant to subdivision (c) of Section 65088.4, that is within
one-half mile of a major transit stop or high-quality transit co
in a regional transportation plan. A major transit stop is as dened in Section
21064.3 of the Public Resources Code, except that, for purposes of this
section, it also includes major transit stops that are included
regional transportation plan. For purposes of this section, a high-quality
transit corridor means a corridor with xed route bus service with service
intervals no longer than 15 minutes during peak commute hours.
(f)Interregional travel means any trips that originate outside the
boundary of the agency.A trip means a one-direction vehicle movement.
The origin of any trip is the starting point of that trip. A roundtrip consists
of two individual trips.
(g)Level of service standard is a threshold that denes a deciency
on the congestion management program highway and roadway system which
requires the preparation of a deciency plan. It is the intent of the Legislature
that the agency shall use all elements of the program to implement strategies
and actions that avoid the creation of deciencies and to improve multimodal
mobility.
(h)Local jurisdiction means a city, a county, or a city and county.
(i)Multimodal means the utilization of all available modes of travel
that enhance the movement of people and goods, including, but not limited
to, highway, transit, nonmotorized, and demand management strategies
including, but not limited to, telecommuting. The availability and practicality
of specic multimodal systems, projects, and strategies may vary by county
and region in accordance with the size and complexity of different urbanized
areas.
(j)(1)Parking cash-out program means an employer-funded program
under which an employer offers to provide a cash allowance to an employee
equivalent to the parking subsidy that the employer would otherwise pay
to provide the employee with a parking space. Parking subsidy means the
difference between the out-of-pocket amount paid by an employer on a
regular basis in order to secure the availability of an employee parking space
not owned by the employer and the price, if any, charged to an employee
for use of that space.
(2)A parking cash-out program may include a requirement that employee
participants certify that they will comply with guidelines established by the
employer designed to avoid neighborhood parking problems, with a provision
that employees not complying with the guidelines will no longer be eligibl
for the parking cash-out program.
(k)Performance measure is an analytical planning tool that is use
quantitatively evaluate transportation improvements and to assist in
determining effective implementation actions, considering all modes and
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strategies. Use of a performance measure as part of the program does n
trigger the requirement for the preparation of deciency plans.
(l)Urbanized area has the same meaning as is dened in the 1990
federal census for urbanized areas of more than 50,000 populatio
(m)Unless the context requires otherwise, regional agency means the
agency responsible for preparation of the regional transportation
improvement program.
SEC. 4.Section 65088.4 of the Government Code is amended to read:
65088.4.(a)It is the intent of the Legislature to balance the need for
level of service standards for trafc with the need to build inll housing
and mixed use commercial developments within walking distance of mass
transit facilities, downtowns, and town centers and to provide greater
exibility to local governments to balance these sometimes competing
needs.
(b)Notwithstanding any other provision of law, level of service standards
described in Section 65089 shall not apply to the streets and hiays within
an inll opportunity zone.
(c)The city or county may designate an inll opportunity zone by
adopting a resolution after determining that the inll opportuni
consistent with the general plan and any applicable specic plan, and is a
transit priority area within a sustainable communities strategy or alternative
planning strategy adopted by the applicable metropolitan planning
organization.
SEC. 5.Chapter 2.7 (commencing with Section 21099) is added to
Division 13 of the Public Resources Code, to read:
2.7.
Chapter Modernization of Transportation Analysis for
Transit-Oriented Infill Projects
21099.(a)For purposes of this section, the following terms mean the
following:
(1)Employment center project means a project located on property
zoned for commercial uses with a oor area ratio of no less than
that is located within a transit priority area.
(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)Gross building area means the sum of all nished areas of all oors
of a building included within the outside faces of its exterior walls.
(4)Inll site means a lot located within an urban area that has b
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 qualied urban uses.
(5)Lot means all parcels utilized by the project.
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(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 area
as determined by the local land use authority.
(7)Transit priority area means an area within one-half mile of a ma
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 adopted pursuant to Section 450.216 or 450.322 of
Title 23 of the Code of Federal Regulations.
(b)(1)The Ofce of Planning and Research shall prepare, develop, and
transmit to the Secretary of the Natural Resources Agency for certication
and adoption proposed revisions to the guidelines adopted pursuant to
Section 21083 establishing criteria for determining the signica
transportation impacts of projects within transit priority areasThose 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 ofce shall recommend potential metric
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 ofce may also establish
criteria for models used to analyze transportation impacts to en
models are accurate, reliable, and consistent with the intent of
(2)Upon certication of the guidelines by the Secretary of the Natu
ResourcesAgency pursuant to this section, automobile delay, as described
solely by level of service or similar measures of vehicular capacity or trafc
congestion shall not be considered a signicant impact on the environment
pursuant to this division, except in locations specically identied in the
guidelines, if any.
(3)This subdivision does not relieve a public agency of the requirement
to analyze a project's potentially signicant 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 signican
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 nding of signicance pursuant to
(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)On or before July 1, 2014, the Ofce of Planning and Research sh
circulate a draft revision prepared pursuant to paragraph (1).
(c) (1) The Ofce of Planning and Research may adopt guidelines
pursuant to Section 21083 establishing alternative metrics to the metrics
used for trafc levels of service for transportation impacts outside transit
priority areas. The alternative metrics may include the retention of trafc
levels of service, where appropriate and as determined by the ofce
(2)This subdivision shall not affect the standard of review that would
apply to the new guidelines adopted pursuant to this section.
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(d)(1)Aesthetic and parking impacts of a residential, mixed-use
residential, or employment center project on an inll site within a transit
priority area shall not be considered signicant impacts on the vironment.
(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)For the purposes of this subdivision, aesthetic impacts do not include
impacts on historical or cultural resources.
(e)This section does not affect the authority of a public agency to
establish or adopt thresholds of signicance that are more proteve of the
environment.
SEC. 6.Section 21155.4 is added to the Public Resources Code, to read:
21155.4.(a)Except as provided in subdivision (b), a residential,
employment center, as dened in paragraph (1) of subdivision (a) of Section
21099, or mixed-use development project, including any subdivision, or
any zoning, change that meets all of the following criteria is exempt from
the requirements of this division:
(1)The project is proposed within a transit priority area, as dene
subdivision (a) of Section 21099.
(2)The project is undertaken to implement and is consistent with a
specic plan for which an environmental impact report has been certied.
(3)The project is consistent with the general use designation, dens,
building intensity, and applicable policies specied 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 emissions reduction targets.
(b)Further environmental review shall be conducted only if any of the
events specied in Section 21166 have occurred.
SEC. 7.Section 21168.6.6 is added to the Public Resources Code, to
read:
21168.6.6.(a)For the purposes of this section, the following denitions
shall have the following meanings:
(1)Applicant means a private entity or its afliates that proposes the
project and its successors, heirs, and assignees.
(2)City means the City of Sacramento.
(3)Downtown arena means the following components of the
entertainment and sports center project from demolition and site
through operation:
(A)An arena facility that will become the new home to the City of
Sacramento's National BasketballAssociation (NBA) team that does both
of the following:
(i)Receives Leadership in Energy and Environmental Design (LEED)
gold certication for new construction within one year of completion of the
rst NBA season.
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(ii)Minimizes operational trafc congestion and air quality impacts
through either or both project design and the implementation of
mitigation measures that will do all of the following:
(I)Achieve and maintain carbon neutrality or better by reducing to at
least zero the net emissions of greenhouse gases, as dened in subdivision
(g) of Section 38505 of the Health and Safety Code, from private automobile
trips to the downtown arena as compared to the baseline as veried by the
Sacramento Metropolitan Air Quality Management District.
(II)Achieve a per attendee reduction in greenhouse gas emissions from
automobiles and light trucks compared to per attendee greenhouseas
emissions associated with the existing arena during the 201213 NBA season
that will exceed the carbon reduction targets for 2020 and 2035 achieved
in the sustainable communities strategy prepared by the Sacramento Area
Council of Governments for the Sacramento region pursuant to Chapter 728
of the Statutes of 2008.
(III)Achieve and maintain vehicle-miles-traveled per attendee for NBA
events at the downtown arena that is no more than 85 percent of the baseline.
(B)Associated public spaces.
(C)Facilities and infrastructure for ingress, egress, and use of the arena
facility.
(4)Entertainment and sports center project or project means a p
that substantially conforms to the project description for the e
and sports center project set forth in the notice of preparation
the City of Sacramento on April 12, 2013.
(b)(1)The city may prosecute an eminent domain action for 545 and
600 K Street, Sacramento, California, and surrounding publicly a
areas and rights-of-way within 200 feet of 600 K Street, Sacramento,
California, through order of possession pursuant to the Eminent
Law (Title 7 (commencing with Section 1230.010) of Part 3 of the Code of
Civil Procedure) prior to completing the environmental review under this
division.
(2)Paragraph (1) shall not apply to any other eminent domain actions
prosecuted by the City of Sacramento or to eminent domain action
on a nding of blight.
(c)Notwithstanding any other law, the procedures established pursuant
to subdivision (d) shall apply to an action or proceeding brought to att
review, set aside, void, or annul the certication of the environmental impact
report for the project or the granting of any project approvals.
(d)On or before July 1, 2014, the Judicial Council shall adopt a ru
court to establish procedures applicable to actions or proceedin
to attack, review, set aside, void, or annul the certication of the
environmental impact report for the project or the granting of any project
approvals that require the actions or proceedings, including any potential
appeals therefrom, be resolved, to the extent feasible, within 270 days of
certication of the record of proceedings pursuant to subdivision (f).
(e)(1)The draft and nal environmental impact report shall include a
notice in not less than 12-point type stating the following:
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THIS EIR IS SUBJECT TO SECTION 21168.6.6 OF THE PUBLIC
RESOURCES CODE, WHICH PROVIDES,AMONG OTHERTHINGS,
THATTHE LEAD AGENCY NEED NOT CONSIDER CERTAIN
COMMENTS FILED AFTERTHE CLOSE OF THE PUBLIC COMMENT
PERIOD FOR THE DRAFT EIR. ANY JUDICIAL ACTION
CHALLENGINGTHE CERTIFICATION OF THE EIR OR THE
APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS SUBJECT
TOTHE PROCEDURES SET FORTH IN SECTION 21168.6.6 OF THE
PUBLIC RESOURCES CODE. A COPY OF SECTION 21168.6.6 OF THE
PUBLIC RESOURCES CODE IS INCLUDED IN THEAPPENDIXTO
THIS EIR.
(2)The draft environmental impact report and nal environmental impact
report shall contain, as an appendix, the full text of this section.
(3)Within 10 days after the release of the draft environmental impact
report, the lead agency shall conduct an informational workshop to inform
the public of the key analyses and conclusions of that report.
(4)Within 10 days before the close of the public comment period, the
lead agency shall hold a public hearing to receive testimony on the draft
environmental impact report. A transcript of the hearing shall be included
as an appendix to the nal environmental impact report.
(5)(A)Within ve days following the close of the public comment
period, a commenter on the draft environmental impact report may submit
to the lead agency a written request for nonbinding mediation. The lead
agency and applicant shall participate in nonbinding mediation with a
commenters who submitted timely comments on the draft environmental
impact report and who requested the mediation. Mediation conduct
pursuant to this paragraph shall end no later than 35 days after
the public comment period.
(B)A request for mediation shall identify all areas of dispute rais
the comment submitted by the commenter that are to be mediated.
(C)The lead agency shall select one or more mediators who shall be
retired judges or recognized experts with at least ve years experience in
land use and environmental law or science, or mediation. The applicant
shall bear the costs of mediation.
(D)A mediation session shall be conducted on each area of dispute w
the parties requesting mediation on that area of dispute.
(E)The lead agency shall adopt, as a condition of approval, any measures
agreed upon by the lead agency, the applicant, and any commenter who
requested mediation. A commenter who agrees to a measure pursuant to
this subparagraph shall not raise the issue addressed by that me
basis for an action or proceeding challenging the lead agency's decision to
certify the environmental impact report or to grant one or more initial projec
approvals.
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(6)The lead agency need not consider written comments submitted after
the close of the public comment period, unless those comments ady
of the following:
(A)New issues raised in the response to comments by the lead agency.
(B)New information released by the public agency subsequent to the
release of the draft environmental impact report, such as new information
set forth or embodied in a staff report, proposed permit, proposed resolution,
ordinance, or similar documents.
(C)Changes made to the project after the close of the public commen
period.
(D)Proposed conditions for approval, mitigation measures, or proposed
ndings required by Section 21081 or a proposed reporting and mo
program required by paragraph (1) of subdivision (a) of Section 21081.6,
where the lead agency releases those documents subsequent to the release
of the draft environmental impact report.
(E)New information that was not reasonably known and could not have
been reasonably known during the public comment period.
(7)The lead agency shall le the notice required by subdivision (a) of
Section 21152 within ve days after the last initial project approval.
(f)(1)The lead agency shall prepare and certify the record of the
proceedings in accordance with this subdivision and in accordance with
Rule 3.1365 of the California Rules of Court. The applicant shall pay the
lead agency for all costs of preparing and certifying the record of
proceedings.
(2)No later than three business days following the date of the release of
the draft environmental impact report, the lead agency shall make available
to the public in a readily accessible electronic format the drafvironmental
impact report and all other documents submitted to or relied on
agency in the preparation of the draft environmental impact report. A
document prepared by the lead agency or submitted by the applicant after
the date of the release of the draft environmental impact report that is a part
of the record of the proceedings shall be made available to the public in a
readily accessible electronic format within ve business days after the
document is prepared or received by the lead agency.
(3)Notwithstanding paragraph (2), documents submitted to or relied
by the lead agency that were not prepared specically for the project and
are copyright protected are not required to be made readily accessible
electronic format. For those copyright protected documents, the lead agency
shall make an index of these documents available in an electronic format
no later than the date of the release of the draft environmental impact report,
or within ve business days if the document is received or relied on by the
lead agency after the release of the draft environmental impact report. The
index must specify the libraries or lead agency ofces in which hardcopies
of the copyrighted materials are available for public review.
(4)The lead agency shall encourage written comments on the project to
be submitted in a readily accessible electronic format, and shale any
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such comment available to the public in a readily accessible electronic
format within ve days of its receipt.
(5)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.
(6)The lead agency shall indicate in the record of the proceedings
comments received that were not considered by the lead agency pursuant
to paragraph (6) of subdivision (e) and need not include the content of the
comments as a part of the record.
(7)Within ve days after the ling of the notice required by subdivision
(a) of Section 21152, the lead agency shall certify the record of the
proceedings for the approval or determination and shall provide an electronic
copy of the record to a party that has submitted a written request y.
The lead agency may charge and collect a reasonable fee from a party
requesting a copy of the record for the electronic copy, which shall not
exceed the reasonable cost of reproducing that copy.
(8)Within 10 days after being served with a complaint or a petition for
a writ of mandate, the lead agency shall lodge a copy of the certied record
of proceedings with the superior court.
(9)Any dispute over the content of the record of the proceedings shall
be resolved by the superior court. Unless the superior court directs othe
a party disputing the content of the record shall le a motion t
the record at the time it les its initial brief.
(10)The contents of the record of proceedings shall be as set forth
subdivision (e) of Section 21167.6.
(g)(1)As a condition of approval of the project subject to this section,
the lead agency shall require the applicant, with respect to any measures
specic to the operation of the downtown arena, to implement those
measures that will meet the requirements of this division by the end of the
rst NBA regular season or June of the rst NBA regular season, whichever
is later, during which an NBA team has played at the downtown arena.
(2)To maximize public health, environmental, and employment benets,
the lead agency shall place the highest priority on feasible measures that
will reduce greenhouse gas emissions on the downtown arena site and in
the neighboring communities of the downtown arena. Mitigation measures
that shall be considered and implemented, if feasible and necess, to
achieve the standards set forth in subclauses (I) to (III), inclusive, of clause
(ii) of subparagraph (A) of paragraph (3) of subdivision (a), including, but
not limited to:
(A)Temporarily expanding the capacity of a public transit line, as needed,
to serve downtown arena events.
(B)Providing private charter buses or other similar services, as needed,
to serve downtown arena events.
(C)Paying its fair share of the cost of measures that expand the capacity
of a public xed or light rail station that is used by spectators attending
downtown arena events.
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(3)Offset credits shall be employed by the applicant only after feasible
local emission reduction measures have been implemented. The applicant
shall, to the extent feasible, place the highest priority on the purchase of
offset credits that produce emission reductions within the city or
boundaries of the Sacramento Metropolitan Air Quality Management District.
(h)(1)(A)In granting relief in an action or proceeding brought pursuant
to this section, the court shall not stay or enjoin the construc
of the downtown arena unless the court nds either of the following:
(i)The continued construction or operation of the downtown arena
presents an imminent threat to the public health and safety.
(ii)The downtown arena site contains unforeseen important Native
American artifacts or unforeseen important historical, archaeological, or
ecological values that would be materially, permanently, and adversely
affected by the continued construction or operation of the downtown arena
unless the court stays or enjoins the construction or operation
downtown arena.
(B)If the court nds that clause (i) or (ii) is satised, the court
enjoin those specic activities associated with the downtown arena that
present an imminent threat to public health and safety or that m,
permanently, and adversely affect unforeseen important NativeAmerican
artifacts or unforeseen important historical, archaeological, or ecol
values.
(2)An action or proceeding to attack, set aside, void, or annul a
determination, nding, or decision of the lead agency granting a subsequent
project approval shall be subject to the requirements of Chapter 6
(commencing with Section 21165).
(3)Where an action or proceeding brought pursuant to this section
challenges aspects of the project other than the downtown arena and those
portions or specic project activities are severable from the downtown arena,
the court may enter an order as to aspects of the project other
downtown arena that includes one or more of the remedies set forth in
Section 21168.9.
(i)The provisions of this section are severable. If any provision of this
section or its application is held invalid, that invalidity shall not affect other
provisions or applications that can be given effect without the invalid
provision or application.
(j)(1)This section does not apply to the project and shall become
inoperative on the date of the release of the draft environmental impact
report and is repealed on January 1 of the following year, if the applicant
fails to notify the lead agency prior to the release of the draft environmental
impact report for public comment that the applicant is electing
pursuant to this section.
(2)The lead agency shall notify the Secretary of State if the applicant
fails to notify the lead agency of its election to proceed pursuant to this
section.
SEC. 8.Section 21181 of the Public Resources Code is amended to read:
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21181.This chapter does not apply to a project if the Governor does not
certify a project as an environmental leadership development project eligible
for streamlining provided pursuant to this chapter prior to January 1, 2016.
SEC. 9.Section 21183 of the Public Resources Code is amended to read:
21183.The Governor may certify a leadership project for streamlining
pursuant to this chapter if all the following conditions are met:
(a)The project will result in a minimum investment of one hundred
million dollars ($100,000,000) in California upon completion of
(b)The project creates high-wage, highly skilled jobs that pay prevailing
wages and living wages and provide construction jobs and permanent jobs
for Californians, and helps reduce unemployment. For purposes of this
subdivision, jobs that pay prevailing wages means that all construction
workers employed in the execution of the project will receive at least the
general prevailing rate of per diem wages for the type of work and
geographic area, as determined by the Director of Industrial Rel
pursuant to Sections 1773 and 1773.9 of the Labor Code. If the p
certied for streamlining, the project applicant shall include t
in all contracts for the performance of the work.
(c)The project does not result in any net additional emission of
greenhouse gases, including greenhouse gas emissions from employee
transportation, as determined by the State Air Resources Board pursuant to
Division 25.5 (commencing with Section 38500) of the Health and Sa
Code.
(d)The project applicant has entered into a binding and enforceable
agreement that all mitigation measures required pursuant to this division to
certify the project under this chapter shall be conditions of apval of the
project, and those conditions will be fully enforceable by the ly
or another agency designated by the lead agency. In the case of
environmental mitigation measures, the applicant agrees, as an ongoing
obligation, that those measures will be monitored and enforced by the
agency for the life of the obligation.
(e)The project applicant agrees to pay the costs of the Court of Appeal
in hearing and deciding any case, including payment of the costs for the
appointment of a special master if deemed appropriate by the cou
form and manner specied by the Judicial Council, as provided in the Rules
of Court adopted by the Judicial Council pursuant to subdivision (f) of
Section 21185.
(f)The project applicant agrees to pay the costs of preparing the
administrative record for the project concurrent with review and
consideration of the project pursuant to this division, in a form and manner
specied by the lead agency for the project.
SEC. 10.Section 21185 of the Public Resources Code is repealed.
SEC. 11.Section 21185 is added to the Public Resources Code, to read:
21185.On or before July 1, 2014, the Judicial Council shall adopt a ru
of court to establish procedures applicable to actions or procee
to attack, review, set aside, void, or annul the certication of the
environmental impact report for an environmental leadership development
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project certied by the Governor pursuant to this chapter or the granting of
any project approvals that require the actions or proceedings, including any
potential appeals therefrom, be resolved, within 270 days of certication
of the record of proceedings pursuant to Section 21186.
SEC. 12.Section 21186 of the Public Resources Code is amended to
read:
21186.Notwithstanding any other law, the preparation and certication
of the administrative record for a leadership project certied by the Governor
shall be performed in the following manner:
(a)The lead agency for the project shall prepare the administrative record
pursuant to this division concurrently with the administrative process.
(b)All documents and other materials placed in the administrative record
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 environmental impact report.
(c)The lead agency shall make available to the public in a readily
accessible electronic format the draft environmental impact report and all
other documents submitted to, or relied on by, the lead agency in the
preparation of the draft environmental impact report.
(d)A document prepared by the lead agency or submitted by the applicant
after the date of the release of the draft environmental impact report that is
a part of the record of the proceedings shall be made available to the public
in a readily accessible electronic format within ve business days after the
document is released or received by the lead agency.
(e)The lead agency shall encourage written comments on the project to
be submitted in a readily accessible electronic format, and shale any
comment available to the public in a readily accessible electronic format
within ve days of its receipt.
(f)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.
(g)Notwithstanding paragraphs (b) to (f), inclusive, documents submitted
to or relied on by the lead agency that were not prepared specically for the
project 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 these documents available in an
electronic format no later than the date of the release of the d
environmental impact report, or within ve business days if the document
is received or relied on by the lead agency after the release of the draft
environmental impact report. The index must specify the libraries or lead
agency ofces in which hardcopies of the copyrighted materials are available
for public review.
(h)The lead agency shall certify the nal administrative record within
ve days of its approval of the project.
(i)Any dispute arising from the administrative record shall be resolved
by the superior court. Unless the superior court directs otherwi
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disputing the content of the record shall le a motion to augmen
at the time it les its initial brief.
(j)The contents of the record of proceedings shall be as set forth
subdivision (e) of Section 21167.6.
SEC. 13.Section 21187 of the Public Resources Code is amended to
read:
21187.Within 10 days of the Governor certifying an environmental
leadership development project pursuant to this section, the lead agency
shall, at the applicant's expense, issue a public notice in no less than 12-point
type stating the following:
THEAPPLICANT HAS ELECTED TO PROCEED UNDER CHAPTER
6.5 (COMMENCING WITH SECTION 21178) OF THE PUBLIC
RESOURCES CODE, WHICH PROVIDES,AMONG OTHERTHINGS,
THATANY JUDICIAL ACTION CHALLENGING THE
CERTIFICATION OF THE EIR OR THEAPPROVAL OF THE PROJECT
DESCRIBED IN THE EIR IS SUBJECT TOTHE PROCEDURES SET
FORTH IN SECTIONS 21185 TO 21186, INCLUSIVE, OF THE PUBLIC
RESOURCES CODE. A COPY OF CHAPTER 6.5 (COMMENCING
WITH SECTION 21178) OF THE PUBLIC RESOURCES CODE IS
INCLUDED BELOW.
The public notice shall be distributed by the lead agency as required for
public notices issued pursuant to paragraph (3) of subdivision (b) of Section
21092.
SEC. 14.Section 21189.1 of the Public Resources Code is amended to
read:
21189.1.If, prior to January 1, 2016, a lead agency fails to approve a
project certied by the Governor pursuant to this chapter, then the
certication expires and is no longer valid.
SEC. 15.Section 21189.3 of the Public Resources Code is amended to
read:
21189.3.This chapter shall remain in effect until January 1, 2017, and
as of that date is repealed unless a later enacted statute extends or repeals
that date.
SEC. 16.With respect to certain provisions of this measure, the
Legislature nds and declares that a special law is necessary and that a
general law cannot be made applicable within the meaning of Section 16
ofArticle IV of the California Constitution because of the unique
the development of an entertainment and sports center project in the Ci
of Sacramento in an expeditious manner.
SEC. 17.No reimbursement is required by this act pursuant to Section
6 of Article XIIIB of the California Constitution because a local agency or
school district has the authority to levy service charges, fees, or assessments
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sufcient to pay for the program or level of service mandated by this act,
within the meaning of Section 17556 of the Government Code.
O
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