Bill Text: CA AB2731 | 2019-2020 | Regular Session | Amended

California Assembly Bill 2731 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: California Environmental Quality Act: City of San Diego: Old Town Center redevelopment.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2020-09-29 - Chaptered by Secretary of State - Chapter 291, Statutes of 2020. [AB2731 Detail]

Download: California-2019-AB2731-Amended.html

Amended IN Assembly May 06, 2020

Amended IN Assembly May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2731

Introduced by Assembly Member Gloria
(Principal coauthor: Senator Atkins)

February 20, 2020

An act to add Chapter 6.9 (commencing with Section 21189.70) to Division 13 ~~of, and to repeal Sections 21189.70.2, 21189.70.3, 21189.70.4, 21189.70.5, and 21189.70.6 of,~~ of the Public Resources Code, relating to environmental quality.

LEGISLATIVE COUNSEL'S DIGEST

AB 2731, as amended, Gloria. California Environmental Quality Act: City of San Diego: ~~Old Town Center redevelopment.~~ transit and transportation facilities projects.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, 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 significant effect on the environment or to adopt a negative declaration if it finds 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 significant 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 significant 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 and a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency’s action on the grounds of noncompliance with CEQA.

This bill would authorize the San Diego Association of Governments to obtain site control to support the redevelopment of the Old Town Center site, including a transit and transportation facilities project, in the City of San Diego before completing the environmental review for those actions.
~~The bill would exempt transit-oriented development projects occurring at the Old Town Center site that meet certain requirements from the requirements of CEQA.~~
~~The~~

This bill would require the lead agency, in certifying the environmental impact report and in granting approvals for a transit and transportation facilities ~~project, as defined,~~ project, which is defined as a multimodal regional transportation facility, including a central mobility hub, to serve as a connection to link regional transit to the San Diego International Airport, to comply with specified procedures. The bill would require the lead agency to concurrently prepare the record of proceedings for the project. 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 June 30, 2021, to adopt a rule of court to establish procedures applicable to actions or proceedings seeking judicial review of a lead agency’s action in certifying the environmental impact report and in granting project approval for that project that require the actions or proceedings, including any potential appeals therefrom, to be resolved, to the extent feasible, within 270 days of the certification of the record of proceedings. The bill would prohibit a court from staying or enjoining the transit and transportation facilities project unless it makes specified findings. The bill would repeal these provisions if the lead agency fails to certify an environmental impact report for the transit and transportation facilities project before January 1, 2025.

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Diego.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
~~This bill would provide that no reimbursement is required by this act for a specified reason.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: ~~YES~~NO

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

SECTION 1.

The Legislature finds and declares all of the following:

(a) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) requires that the environmental impacts of projects be identified 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 significant environmental impacts.

(b) In its capacity as the San Diego region’s metropolitan planning organization under federal and state law, the San Diego Association of Governments (SANDAG) has identified the need for a multimodal regional transportation facility to serve as a connection for regional transit and to link regional transit to the San Diego International Airport.

(c) The United States Department of the Navy owns the Naval Information Warfare Systems Command (NAVWAR) and the Naval Information Warfare Center Pacific (NIWC PAC) at the Naval Base Point Loma’s Old Town Center (Old Town Center). NAVWAR and NIWC PAC is a substandard and obsolete facility incapable of sustaining the United States Navy’s mission.

(d) On July 5, 2018, the Department of Housing and Community Development determined that the San Diego region would need to plan for 171,685 housing units during the 6th Housing Element Cycle (2021–29). The San Diego region has made significant investments in transit. Encouraging housing growth near transit can promote infill development and preserve open space, as most transit is located in urbanized areas. Improved access to transit can also lower the vehicle miles traveled in a car and reduce emissions of greenhouse gases by locating housing near job centers.

(e) The approximately 70.5-acre Old Town Center is an infill area, located within the Midway-Pacific Highway Community Plan planning area in the City of San Diego. The San Diego region would greatly benefit from the redevelopment of the Old Town Center for purposes of new public transit and transportation facilities and transit oriented mixed-use development.

(f) The redevelopment of the Old Town Center presents an unprecedented opportunity to significantly reduce the cumulative traffic, air quality, and greenhouse gases emissions impacts of the anticipated growth within SANDAG’s regional transportation planning area by developing new public transit and transportation facilities that will serve the entire San Diego region. The Old Town Center is located downtown in the City of San Diego near heavy and light rail transit facilities, situated to maximize opportunities to encourage nonautomobile modes of travel to the proposed transit oriented mixed-use development, and is consistent with the policies and regional vision included in the sustainable communities strategy developed pursuant to Chapter 728 of the Statutes of 2008 by SANDAG in October 2015. The Old Town Center is also located within close proximity to other major infill sites downtown in the City of San Diego.

(g) The Old Town Center has the potential to facilitate transit-oriented development adjacent, physically related, or functionally related to a new multimodal regional transportation facility linking the San Diego region with regional transit and the San Diego International Airport.

(h) The Old Town Center will support the development of new state-of-the-art naval facilities and may include mixed-use development, as described in the notice of intent to prepare an environmental impact statement for Navy Old Town Campus Revitalization at Naval Base Point Loma published by the United States Department of the Navy in the Federal Register on January 24, 2020.

(i) The naval facilities and mixed-use development are expected to generate significant full-time employment, including employees hired during both construction and operation of the mixed-use development at the Old Town Center. This employment estimate does not include substantial job generation that will occur with the surrounding development uses, which will generate additional hospitality, office, restaurant, and retail jobs in the City of San Diego’s downtown area.

(j)It is in the interest of the state to streamline the environmental review of the redevelopment of Old Town Center to promote transit-oriented development, including new housing near transit and job centers, and to expedite judicial review of new transit and transportation facilities, as appropriate, to facilitate their timely delivery while protecting the 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 transit and transportation facilities project.

SEC. 2.

Chapter 6.9 (commencing with Section 21189.70) is added to Division 13 of the Public Resources Code, to read:

CHAPTER 6.9. Old Town Center Redevelopment Multimodal Regional Transportation Facilities in the City of San Diego

21189.70.

For purposes of this chapter, ~~the following definitions apply:~~ “transit and transportation facilities” means a multimodal regional transportation facility, including a central mobility hub, to serve as a connection to link regional transit to the San Diego International Airport.

~~(a)“Applicant” means a private or public entity or its affiliates that proposes a transit-oriented development.~~
~~(b)“Navy” means the United States Department of the Navy.~~
~~(c)“Old Town Center site” means the approximately 70.5-acres comprising the Naval Base Point Loma’s Old Town Center.~~
~~(d)“SANDAG” means the San Diego Association of Governments.~~
~~(e)“Site control” means a lease agreement, property transfer, or other property conveyance from the Navy to SANDAG related to transit and transportation facilities.~~
(f)“Site plan” means the site development plan approved, on or before April 2021, by the Navy and SANDAG for the Old Town Center site that complies with the content requirements specified in subdivision (a) of Section 65451 of the Government Code and Section 65452 of the Government Code.
(g)“Transit and transportation facilities” means a multimodal regional transportation facility, including a central mobility hub, to serve as a connection to link regional transit to the San Diego International Airport.
(h)“Transit-oriented development project” means a project for the redevelopment of the Old Town Center site that substantially conforms to the description of the uses approved as the major federal action set forth in the record of decision signed by the Navy on or before April 2021.

21189.70.1.
~~(a)For purposes of this section, the following definitions apply:~~
~~(1)“Employment center project” means a project with a floor area ratio of no less than 0.75 and that is located within a transit priority area.~~
~~(2)“Floor area ratio” has the same meaning as in Section 21099.~~
~~(3)“Transit priority area” has the same meaning as in Section 21099.~~
(b)Except as provided in subdivision (c), a transit-oriented development project, including a residential, employment center, or mixed-use development project, located in the Old Town Center site that meets all of the following criteria is exempt from this division:
~~(1)The project is proposed within a transit priority area.~~
(2)The project is undertaken to implement and is consistent with the land use standards approved by the Navy and SANDAG for the Old Town Center site and the site plan for which an environmental impact report has been certified on or before April 2021.
(3)The project is consistent with the general use designation, density, building intensity, and applicable policies specified in the Old Town Center site 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 SANDAG’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emissions reduction targets.
~~(c)Further environmental review shall be conducted only if any of the events specified in Section 21166 have occurred.~~
(d)(1)The environmental impact statement prepared by the Navy for the redevelopment of the Old Town Center site pursuant to the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) is deemed adequate as to form and content for use as an environmental impact report prepared pursuant to this division for the redevelopment of the Old Town Center site and its use by a public agency for purposes of compliance with this division shall not in and of itself constitute a prejudicial abuse of discretion so long as the lead agency consults with the Navy, notifies the Navy regarding any scoping meetings for the proposed project, and a discussion of mitigation measures or growth-inducing impacts are included in the environmental impact statement.
~~(2)Paragraph (1) is not intended to exempt approvals of public agencies from the requirements of Section 21081, 21100, or 21151, or to limit judicial review of those approvals under Section 21168.~~
21189.70.2.
Notwithstanding any other law, Rules 3.2220 to 3.2237, inclusive, of the California Rules of Court, as may be amended by the Judicial Council, shall apply to an action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report for the transit and transportation facilities project or the granting of any approvals for this project, including any potential appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court. On or before June 30, 2021, the Judicial Council shall amend the California Rules of Court, as necessary, to implement this section.

21189.70.3.21189.70.1.

Notwithstanding any other law, the preparation and certification of the record of proceedings for the transit and transportation facilities project shall be performed in the following manner:

(a) The lead agency for the project shall prepare the record of proceedings pursuant to this division concurrently with the administrative process.

(b) All documents and other materials placed in the record of proceedings shall be posted on, and be downloadable from, an internet website 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 five 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 shall make any comment available to the public in a readily accessible electronic format within five days of its receipt.

(f) Within 14 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 specifically 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 draft environmental impact report, or within five 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 shall specify the libraries or lead agency offices in which hardcopies of the copyrighted materials are available for public review.

(h) The lead agency shall certify the final record of proceedings within five days after the filing of the notice required by subdivision (a) of Section 21152.

(i)Any dispute arising from the record of proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record of proceedings shall file a motion to augment the record of proceedings at the time it files its initial brief.
~~(j)~~

(i) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6.

21189.70.4.
(a)If the lead agency fails to certify an environmental impact report for the transit and transportation facilities project before January 1, 2025, Sections 21189.70.2 to 21189.70.6, inclusive, shall become inoperative and are repealed on January 1 of the following year.
(b)On or before February 1, 2025, the lead agency shall, if it fails to certify the environmental impact report for the transit and transportation facilities project before January 1, 2025, notify the Secretary of State of its failure.
(c)SANDAG may obtain site control to support the redevelopment of the Old Town Center site, including the transit and transportation facilities project, before completing the environmental review pursuant to this division.
21189.70.5.
~~(a)The draft and final environmental impact report for the transit and transportation facilities project shall include a notice in not less than 12-point type stating the following:~~

THIS ENVIRONMENTAL IMPACT REPORT (EIR) IS SUBJECT TO CHAPTER 6.9 (COMMENCING WITH SECTION 21189.70) OF DIVISION 13 OF THE PUBLIC RESOURCES CODE, WHICH PROVIDES, AMONG OTHER THINGS, THAT THE LEAD AGENCY NEED NOT CONSIDER CERTAIN COMMENTS FILED AFTER THE CLOSE OF THE PUBLIC COMMENT PERIOD FOR THE DRAFT EIR. 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 CHAPTER 6.9 (COMMENCING WITH SECTION 21189.70) OF DIVISION 13 OF THE PUBLIC RESOURCES CODE. A COPY OF CHAPTER 6.9 (COMMENCING WITH SECTION 21189.70) OF DIVISION 13 OF THE PUBLIC RESOURCES CODE IS INCLUDED IN THE APPENDIX TO THIS EIR.

~~(b)~~

21189.70.5.

(a) The draft environmental impact report and final environmental impact report for a transit and transportation facilities project shall contain, as an appendix, the full text of this section.

~~(c)~~

(b) 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.

~~(d)~~

(c) 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 final environmental impact report.

~~(e)~~

(d) (1) Within five 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 all commenters who submitted timely comments on the draft environmental impact report and who requested the mediation. Mediation conducted pursuant to this paragraph shall end no later than 35 days after the close of the public comment period.

(2) A request for mediation shall identify all areas of dispute raised in the comment submitted by the commenter that are to be mediated.

(3) The lead agency shall select one or more mediators who shall be retired judges or recognized experts with at least five years’ experience in land use and environmental law or science, or mediation. The ~~applicant~~ lead agency shall bear the costs of mediation.

(4) A mediation session shall be conducted on each area of dispute with the parties requesting mediation on that area of dispute.

(5) The lead agency shall adopt, as a condition of approval, any measures agreed upon by the lead ~~agency, the applicant,~~ agency and any commenter who requested mediation. A commenter who agrees to a measure pursuant to this paragraph shall not raise the issue addressed by that measure as a 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 project approvals.

~~(f)The lead agency need not consider written comments submitted after the close of the public comment period, unless those comments address any of the following:~~
~~(1)New issues raised in the response to comments by the lead agency.~~
(2)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.
~~(3)Changes made to the project after the close of the public comment period.~~
(4)Proposed conditions for approval, mitigation measures, or proposed findings required by Section 21081 or a proposed reporting or monitoring 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.
~~(5)New information that was not reasonably known and could not have been reasonably known during the public comment period.~~
~~(g)~~

(e) (1) The lead agency shall file the notice required by subdivision (a) of Section 21152 within five days after the last initial project approval.

(2) (A) The lead agency shall prepare and certify the record of proceedings in accordance with ~~this subdivision~~ Section 21189.70.1 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.~~

(B) 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 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. 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 proceedings shall be made available to the public in a readily accessible electronic format within five business days after the document is prepared or received by the lead agency.

(C) Notwithstanding subparagraph (B), documents submitted to or relied on by the lead agency that were not prepared specifically 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 draft environmental impact report, or within five 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 offices in which hardcopies of the copyrighted materials are available for public review.

(D) The lead agency shall encourage written comments on the project to be submitted in a readily accessible electronic format, and shall make any such comment available to the public in a readily accessible electronic format within five days of its receipt.

(E) 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.

(F)The lead agency shall indicate in the record of proceedings comments received that were not considered by the lead agency pursuant to subdivision (f) and need not include the content of the comments as a part of the record of proceedings.
~~(G)~~

(F) Within five days after the filing of the notice required by subdivision (a) of Section 21152, the lead agency shall certify the record of proceedings for the approval or determination and shall provide an electronic copy of the record of proceedings to a party that has submitted a written request for a copy. The lead agency may charge and collect a reasonable fee from a party requesting a copy of the record of proceedings for the electronic copy, which shall not exceed the reasonable cost of reproducing that copy.

(3) 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 certified record of proceedings with the superior court.

(4) Any dispute over the content of the record of proceedings shall be resolved by the superior court. Unless the superior court directs otherwise, a party disputing the content of the record of proceedings shall file a motion to augment the record of proceedings at the time it files its initial brief.

(5) The contents of the record of proceedings shall be as set forth in subdivision (e) of Section 21167.6.

21189.70.6.
(a)In granting relief in an action or proceeding brought pursuant to this chapter, the court shall not stay or enjoin the construction or operation of the transit and transportation facilities project unless the court finds either of the following:
~~(1)The continued construction or operation of the project presents an imminent threat to the public health and safety.~~
(2)The project 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 project unless the court stays or enjoins the construction or operation of the project.
(b)If the court finds that paragraph (1) or (2) of subdivision (a) is satisfied, the court shall only enjoin those specific activities associated with the project that present an imminent threat to public health and safety or that materially, permanently, and adversely affect unforeseen important Native American artifacts or unforeseen important historical, archaeological, or ecological values.
(c)An action or proceeding to attack, set aside, void, or annul a determination, finding, or decision of the lead agency granting a subsequent project approval shall be subject to the requirements of Chapter 6 (commencing with Section 21165).
(d)Where an action or proceeding brought pursuant to this chapter challenges aspects of the project other than the transit and transportation facilities project and those portions or specific project activities are severable from the transit and transportation facilities project, the court may enter an order as to such aspects of the project that includes one or more of the remedies set forth in Section 21168.9.

21189.70.7.

The provisions of this chapter are severable. If any provision of this chapter 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.

SEC. 3.

The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances set forth in Section 1 of this act regarding the ~~redevelopment of the Old Town Center in the City of San Diego.~~ development of a multimodal regional transportation facility to serve as a connection to link regional transit to the San Diego International Airport.

SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.