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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 2 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. 3 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: 4 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 inŒll 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 certiŒed by the Governor as an environmental leadership development project is in violation of the California Environmental Quality Act to Œle 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 Œling 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 certiŒcation 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 certiŒcation, to issue, at the applicant's expense, a speciŒed 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 deŒned, 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 signiŒcant effect on the environment or to adopt a negative declaration if it Œnds 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 signiŒcant 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 signiŒcant 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 deŒned, on an inŒll site, as deŒned, within a transit priority area, as deŒned, shal considered signiŒcant impacts on the environment.The bill would require the OfŒce 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 signiŒcance of transportation impac within transit priority areas. This bill would, except for speciŒed circumstances, exempt from CEQA residential, employment center, and mixed-use development projects meeting speciŒed 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 speciŒed 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 Œling of a speciŒe comply with speciŒed 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 certiŒcation 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 deŒned. The plan is required to contain speciŒed elements and to be submitted to regional agencies, as deŒned, 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 trafŒc level of service standards for a system of designated highways and roadways. Existing law deŒnes ˆinŒll opportunity zone– for purposes of the above-described provisions and exempts streets and highways in an inŒll opportunity zone from the level of service standards speciŒed 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 inŒll opportunity zone after December 31, 2009. This bill would revise the deŒnition of ˆinŒll opportunity zone,– as speciŒed.The bill would authorize the designation of an inŒll 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 inŒll 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 Œndings 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 speciŒed reason. The people of the State of California do enact as follows: SECTION 1.(a)The Legislature Œnds 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 95 Ch.3864 ¨ ¨ 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 trafŒc-related air pollution, promoting the development of a multimodal transportation system, and providing clean, efŒcient access to destinations. (b)It is the intent of the Legislature to do both of the following: (1)Ensure that the environmental impacts of trafŒc, 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 inŒll development, promotion of public health through active transportation, and reduction of greenhouse gas emissions. SEC. 2.The Legislature further Œnds and declares all of the following: (a)The Federal Reserve has stated that ˆ[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 identiŒed 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 signiŒcant 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 efŒcient 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 beneŒt 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. 95 5Ch.386 ¨ ¨ (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 inŒll 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, ofŒce, restaurant, and retail jobs in Sacramento's downtown area. (g)The project also presents an unprecedented opportunity to implem innovative measures that will signiŒcantly reduce trafŒc 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 inŒll development areas including projects (The Bridge District, Railyard andTownship Nine) that received inŒll 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, ˆagency– means the agency responsible for the preparation and adoption of the congestion m program. (b)ˆBus 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)TrafŒc priority at intersections. (9)Signal priority. 95 Ch.3866 ¨ ¨ (10)Unique vehicles. (c)ˆCommission– means the California Transportation Commission. (d)ˆDepartment– means the Department of Transportation. (e)ˆInŒll opportunity zone– means a speciŒc 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 deŒned 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 Œxed route bus service with service intervals no longer than 15 minutes during peak commute hours. (f)ˆInterregional travel– means any trips that originate outside the boundary of the agency.A ˆtrip– 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)ˆLevel of service standard– is a threshold that deŒnes a deŒciency on the congestion management program highway and roadway system which requires the preparation of a deŒciency 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 deŒciencies and to improve multimodal mobility. (h)ˆLocal jurisdiction– means a city, a county, or a city and county. (i)ˆMultimodal– 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 speciŒc multimodal systems, projects, and strategies may vary by county and region in accordance with the size and complexity of different urbanized areas. (j)(1)ˆParking 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. ˆParking 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)ˆPerformance 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 95 7Ch.386 ¨ ¨ strategies. Use of a performance measure as part of the program does n trigger the requirement for the preparation of deŒciency plans. (l)ˆUrbanized area– has the same meaning as is deŒned in the 1990 federal census for urbanized areas of more than 50,000 populatio (m)Unless the context requires otherwise, ˆregional 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 trafŒc with the need to build inŒll 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 inŒll opportunity zone. (c)The city or county may designate an inŒll opportunity zone by adopting a resolution after determining that the inŒll opportuni consistent with the general plan and any applicable speciŒc 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)ˆEmployment 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)ˆFloor 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)ˆGross building area– means the sum of all Œnished areas of all oors of a building included within the outside faces of its exterior walls. (4)ˆInŒll 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 qualiŒed urban uses. (5)ˆLot– means all parcels utilized by the project. 95 Ch.3868 ¨ ¨ (6)ˆNet 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)ˆTransit 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 OfŒce of Planning and Research shall prepare, develop, and transmit to the Secretary of the Natural Resources Agency for certiŒcation and adoption proposed revisions to the guidelines adopted pursuant to Section 21083 establishing criteria for determining the signiŒca 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 ofŒce 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 ofŒce 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 certiŒcation 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 trafŒc congestion shall not be considered a signiŒcant impact on the environment pursuant to this division, except in locations speciŒcally identiŒed in the guidelines, if any. (3)This subdivision does not relieve a public agency of the requirement to analyze a project's potentially signiŒcant 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 signiŒcan 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 Œnding of signiŒcance 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 OfŒce of Planning and Research sh circulate a draft revision prepared pursuant to paragraph (1). (c) (1) The OfŒce of Planning and Research may adopt guidelines pursuant to Section 21083 establishing alternative metrics to the metrics used for trafŒc levels of service for transportation impacts outside transit priority areas. The alternative metrics may include the retention of trafŒc levels of service, where appropriate and as determined by the ofŒce (2)This subdivision shall not affect the standard of review that would apply to the new guidelines adopted pursuant to this section. 95 9Ch.386 ¨ ¨ (d)(1)Aesthetic and parking impacts of a residential, mixed-use residential, or employment center project on an inŒll site within a transit priority area shall not be considered signiŒcant 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 signiŒcance 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 deŒned 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 deŒne subdivision (a) of Section 21099. (2)The project is undertaken to implement and is consistent with a speciŒc plan for which an environmental impact report has been certiŒed. (3)The project is consistent with the general use designation, dens, building intensity, and applicable policies speciŒed 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 speciŒed 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 deŒnitions shall have the following meanings: (1)ˆApplicant– means a private entity or its afŒliates that proposes the project and its successors, heirs, and assignees. (2)ˆCity– means the City of Sacramento. (3)ˆDowntown 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 certiŒcation for new construction within one year of completion of the Œrst NBA season. 95 Ch.38610 ¨ ¨ (ii)Minimizes operational trafŒc 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 deŒned 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 veriŒed 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 2012Ž13 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)ˆEntertainment and sports center project– or ˆproject– 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 Œnding 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 certiŒcation 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 certiŒcation 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 certiŒcation of the record of proceedings pursuant to subdivision (f). (e)(1)The draft and Œnal environmental impact report shall include a notice in not less than 12-point type stating the following: 95 11Ch.386 ¨ ¨ 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 Œnal 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 Œnal environmental impact report. (5)(A)Within Œve 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 Œve 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. 95 Ch.38612 ¨ ¨ (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 Œndings 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 Œle the notice required by subdivision (a) of Section 21152 within Œve 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 Œve 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 speciŒcally 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 Œve 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 ofŒces 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 95 13Ch.386 ¨ ¨ such comment available to the public in a readily accessible electronic format within Œve 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 Œve days after the Œling 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 certiŒed 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 Œle a motion t the record at the time it Œles 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 speciŒc to the operation of the downtown arena, to implement those measures that will meet the requirements of this division by the end of the Œrst NBA regular season or June of the Œrst 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 beneŒts, 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 Œxed or light rail station that is used by spectators attending downtown arena events. 95 Ch.38614 ¨ ¨ (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 Œnds 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 Œnds that clause (i) or (ii) is satisŒed, the court enjoin those speciŒc 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, Œnding, 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 speciŒc 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: 95 15Ch.386 ¨ ¨ 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, ˆjobs 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 certiŒed 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 speciŒed 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 speciŒed 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 certiŒcation of the environmental impact report for an environmental leadership development 95 Ch.38616 ¨ ¨ project certiŒed 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 certiŒcation 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 certiŒcation of the administrative record for a leadership project certiŒed 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 Œve 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 Œve 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 speciŒcally 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 Œve 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 ofŒces in which hardcopies of the copyrighted materials are available for public review. (h)The lead agency shall certify the Œnal administrative record within Œve 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 95 17Ch.386 ¨ ¨ disputing the content of the record shall Œle a motion to augmen at the time it Œles 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: ˆTHEAPPLICANT 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 certiŒed by the Governor pursuant to this chapter, then the certiŒcation 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 Œnds 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 95 Ch.38618 ¨ ¨ sufŒcient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. O 95