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Home My WebLink About4A-JohansenApplication Pizi'nt: r G.,~--- Curtis G. 3otians~n ,. :. ,, . I~me ~dd~ss; ~C~y, ~at~ and ~';~o~de 1004 Glen Eagle Dri~~e Pet~lul7ta, C'F.94952 ,. ,.>, - ,. i31~ Fh.6~ie (~cap~orrite d, cto` you tc~ir.nt thls ;' nzirrr.iaerta°be:crcat~'i7r~ble:.to t$e p;i~uh~a?); ,~~a1~Plioties .,.. "~~ . ( 707 ) 773 - 3931 ~(. 707 )_ 5~7 - 1184 _,, _ Fr14'~~.t~fcapporn.tEd d©'youwaxrtthrsci~ddre~yto ~" ~ be au~e~a;ble la t+5.e;publ~c ?;) ~ '~ ~t=J .N4 . ( 707 ) 55a - 1187 curt ~a trla~canimunities.corn Planning.Gvmn]ission ' ' Johansen, Curtis (,~~ T; of 5 r~it ]ittpsa/www.pdffiller:comlp~~int:php ~~s~rxti~npla3yeu ., :,. ~~ Triad Communities, L.P. ~nb ~ Executive Vine President .. - ~.- ; Pie~vc~us Gauemmenlal $od;Iii~s/IIective ,~f~c es.you Have s~ex~ed, Pbsztl~~ G~ce ~e~d aid. .. .. ~a~ba~ _ hiofTe. ..Civic. r~~C}~a;~ilable ~igafarsn to li you have belonged, ~s~n1 Office Held, and :. -. ... -foe ~ -.: See attached bio. ;`. '. r.: ,.. , ;.. ~4'lLnt+ecialhr~ses~J~€i'~l~lents would youba~,g o fb~,Bnaul,:.~'aari?~ny~x~?q, ~rCobuu~tiea~ .. ,. ,.. ~._. ,. ~.. .: ~._ , - As a long-time advocate and practitionerof sustainable ~evelopmeht, I am qualified to iiiake recommendations and informed analysts whan'considering ~eve4oprnent proposals that are brought to the City.. ?: o fs rint . hops:lGwwwpdffiller.com%print.php ~'oIle a tbencled (Ma~€~r~}ajec,t, Dates, I~eg~eeJi~t~):. ; Ptofena~, Vucaitinn~l~hnol~A . _. ,. See attachea`I~Io. . - ~e+eial.~wa~Is aar~e:+~gniihi+oi~.ce~ve~t. .. , I~~ll~, lease st~Ebe i~ea9ans v,;hy you wantt~ became .a membea•of #~is ~aad,`Coiurn~ia~ii.or C~oauni#teey nichuling ~li~tspec~ ubjectaves you ~uou}~].lie ~s~c~~u~ tr,~wsicl ~s a >m}serof this ad~axy badys I am inter~steri;in the Iong=term economir,, environmental, and social health. and well-17eing of-the City. The current recessionary<economyvuill prove to l~:e ah opportunity for prograssive cfiesand an okistacle for regressive cities. ,. :. A: :'. ,;. ., ' .. ~ theta a V othe~ix~ • , . ~ , , . . ,, >~ia~nt~at you feel w~~l be useful:to ~e,`Crt~* C:~ounc~ m ieve~ ,~.., . youa~Applrcxtio3i7,. ~ - N7A 3 of 5 „~.... ~., _,,,.. _ _ _ _ v. ~' rint of 5 https://www.pdffiller.com/print.php ~~ rint https:J/www.pdffiller:camiprint:php`?id=2'1`6353 ['h'~• a:rr re tuna e n nr. ~ !e r+, r.e..s{i~r nna ih• !~ •ihe tJ f in r_• o llxe C'~?v C~ k r~. I ] liar lish_~`_dre.e / t~ !.o kemn. L'~9 J=~~~:7~~ Name : •, ~ . :. Curtis G. Johansen 1 of 4 Home arlcite~r~ Ci~,'~t~1e, gyp: 'I 004 Glen Eagle, Drive Petaluma, GA 9495? '~ I}ate, _. _ .~ FjLt nnin~ C r, in m i~io n .11~1e a tn3 ~ ^ }~ ~ NC) I Tea t~= : b~~ a t 'ci o yo u',thin]c q u a l~£e's~ o u t~''~ rve o;n=t3~e I'la nnm,~ C`. o m ni issTO n? ... . . 25 years of land develr~pment experience as a practitioner, inclurling worlcing uaith numerous cityleouhty planners and commissioners. ~3 rint; ~ hops://www.p8ffiller.com/pri~~t.php?id°2`1653 ,. , ., ~vVhat;ilo ~o•u;~ee as the beisl,soluti~na.bofl~ bn~' ~,nd ~hozl.tuirn, fore~;onomic: c3evelo ment;mPetalun~a~ , .. , .. See attachEd Sustanai:4e Develofam,eht GuidingFrlncf{:~les. _. ~Fina~me yaisclf as a ti~to:r.to `F'et2hur~s'". What',do ,yoi see P;~y®e'al[v economictilty, and.. envvnn3nenl:u'1ly a'~'. ,, ; ... . }•ouwaIltaround totivn'~ '. -' ;'` ' A citythat has dune more things carrecttythan most; but with an opiiartunlty~and.a naed to pursue sustainal:~le dwelapmeiit an many levels (including.green infrastructure}..Also, a revitalizing downtown {vnP ofthe bestthings about Petaluma}. _. - `Itie'C~~nerilI~an~i?I:snlisth~`gui,~`ing dociuneut.and visici'nfur,#l~e.Ct}•~, ~w .i•oitld ~~auintex~iet the polarize, ar~cl ~~~als,articu]ated m ttie plan? ~]ow flexible woald you be and n+au]d ,yau feelcon~foEi:fible not appmvm~ re:cifn~ lal~ci;uu:sal~~u,ed ui Lhe flan? The~14 Guiding Frincilales arp quite'.good.. Nothing~articulated in+the goals and policies causes me concern regarding specific land uses; 2 of 4 ~~ rint 3 of 4 htlpsa/www.pdffi I Ter:com/print.php?id=21;6353. The: giu~ytli mana'~emerit"s}~etcin hae been an"element of the dev~'bpinent process m ;<'ef~luzna s~nce'19~2 Snil;an.LTii~an C-ro~i~ih Pia~undanr teas adopted in 19J8'i:o coritzalthe' physical gtnistla of Petaluma.' ~uVitli these;: trio 'ma,'}orpaliciesinmindand given the,psessuie for ongoing gm~vth durm,~ the ne~-tdecade orso,~vhat;two:r or t}u~e policies and pio~tams lvould yo'u promote tb protect the hbtoric;"culltiral, and ph}~sical aspects of E'e i;a lum a.P I ant an adydcate of'UGH's. Petaluma needs tb:set aril enforce strong policies-that control land deve)opment- encouraging and lnc~rtiviiincg high quality; sustalnaule infill and Brownfield develapmentwhile eliminating sprawl. The I;eyto incenlivE~ is uhderstanifing'fnahcial parametzrs k,alanced with a strong. grasp of environmental best practice and a comrr~itrriehtto issuzs of social~eguity ~« Fvo,uld }'au addiPSSCUiieni.'and Fu.tut> Ilnodu~g >~oue's.fnrFef~3lum`~ . r :. The.only mason cities'ex:perienceflabding issues is the misguided manner In vuhich the built enyirorim?htaclrlresses stormwater mariagement, Footlplains should remain floodr~laihs and be:;allowetl to flood naturally. All fufu~e hardscape should r'ie perVlpus; In otherwnrds, discontinue the despoiling practice of channeling surface-flows Into culaeits-and piped systems. That Drily exacerbates downstream problems; t:~y denying aquifer recharge and~increasing runoff caefficiehfs. The Gityshould'alsa consider a palicythat"compensatES working farms in the City's s~ihere`forthe ecosystem services they provide. . i-]uzr would yrou ;iddiesscu>rent and futuie traff~:'congeb-t~on uPel,aluma7 The solution to reducing tragic cang~stion is not building more roads, itls reducing the Head for peopleto niche o matey in-town trips by~aufomuliile. Thee goal of.enhancing padestrlan,'bicycle and'transit.opporturiiti'es-is a gaud ane. Unfor3uhataly, nGt nearlyenougli, has ltieemdone to provide trulyfavoralde alternatives t~ auto=centric beha~aior: ,All new dzvelaprnent should be required fp gravid"e assistancE to strahgtheniog transit prGgranis such as emplnyee_ parking cash; gii4; shuttleiclrculi3tor seivice,park once dlstrict;.uhbunriled;:residential°parking, safe pedestrian envhonmEnt, bicyc a facilities, shared electric vehicles and carsliaring, reginnal ridematching service, transportation resource center,?univers3l°iranslf;~,as5?s; ahd r7~oiiiforUig success. ~~ Print 4 of4 https://www.pdffiller.com/prnf:php?id=216353 'Vlrltat,imi~lpo''I~c~esdo youtltiutlc~ou]it`be adq.ptc;cl in la~htofthe Lhba~'t3ro~ith Boundary.ps~ar.d by;the koLeis~'. 1. Requite all developmeht'inipacts td be teduced to insignificance (i.e., no "overridliig cr~risiderations".) ?. Requirz all develupm?nt trs meet or axceed AB 32 thresholds fdrgreehhouse gas reductiohs fir 2020 and 2050. 3. Require alt development to reclaim 1004b of its wastewater.thraugh teitiarytreatmenf(on-site gr in partnership with the Clay) ~. Require all d?vElopment to meet sustainable develo~ment.lest'pracficE. as specified in the Gevernoe's Office of Planning aricf:Resea~ch Chapter 2 of Sustairiatile Developmeht Guidel(nes and the Juiy 7,2009 Recoinmendatinns forAssenilily Bili 3?: {attacl7ed forrefErence) ~natu~ 4Datc~ ~O I2~ I'~0 F'ir. ~•i~ d, .June. 1:, -2085 W IOGRAPI-iY Curt Johansen Executive. Vice President 'Triad Communities, L.P, Curt Johansen has been creating award-winning, mixed. use communities for over twenty-five years: He has been in responsible charge of California development for Triad C'ornmunities since' 1996: For many `years Curt has pioneered Triad's commitment to sustainable development. Curt began ,his career. in the 1970's working in Williamsburg, Virginia, on a mixed use project for Busch Properties that included 3;000 residential units, an office park, .hotel, marina, .golf courses, and other amenities. In the 1980's he. became, Director of Development .for The Vintage . Club, a 700 acre highly exclusive desert community in Indian Wells, CA: This .assignment was for Vintage Properties and Curt remained in charge of on=site development through build-out. ~He also started his own custom home.bulding company in the 1980's. In the safe 1980's and early 1990's Curt provided management for numerous clients with large projects, including Silverado Country -Club in Napa County, CA. In 1996 Curt was offered fihe position of Executive Vice President for Triad Communities; L.P:, the California subsidiary of Triad Development Inc., based in Seattle. He devloped Hiddenbrooke, a 1,300 acre planned community in the S.F. Bay Area that features '1;20:0 residences, local-serving retail, 700 acres of permanently deeded open. space, anaward-winning golf course, swimming, tenni~'and a' very active social membership. Hiddenbrooke is now built out with a wide variety of neighborhoods and product types and a very high standard of design and operational excellence. 'OVer the ;past twelve :years Curt 'has entitled over 3,000 lots for Triad, including. Lagoon Valley, a planned New Urbanism community that features jobs/housng balance (1,00,0 residences and ari estixmafied 2,000 permanent jobs),. ..affordable and senior housing; green. construction requirements, walking and Biking connectivity, and 80% of its Specific Plan ,area .preserved as `open space, park,. and =recreational. land. He also entitled 1,000 residential units in Triad's mixed-use;;- transit-oriented' revitalization of downtown Vallejo. Triad has corripleted ~-its $6.5 million. renovation of the histor"ic Empress Theatre, designed ~1 nd obtained building permit approval for its initial 300,000 "square foot mixed used. LEER-eligible seven story building, and was awarded Best Specific Plan in California from the American Plaruzing Association. for its Specific Plan and Design Guidelines. Triad is also th'e developer of the Seattle Civic Square mixed use project in .downtown Seattle, a 44 story tower that is being designed to LEED Platinum standards. Curt is the visionary behind. Triad's .newest venture, California's first developer-inspired ecoVillage, in the Napa Valley.. This .compact, sustainable community includes. PV solar and geothermal energy, a local transit system, a 30 acre CSA organic farm, ecolteracy in local schools,. extensive water conservation, 100% tertiary wastewater reuse; and. place-centered ,goods and services in a local Town Square. Conservation. efforts will preserve '90% ~of` the land as forested open space, agriculture, and park land. The ecovillage will .integrate 20% affordable housing and 30% local-preference housing within market rate neighborhoods. The project EIR will become t11e standard for planned communities seeking to mitigate all environmentalmpacts to insignificance. Curt is a member of :numerous organizations, _neluding the Urban Land Institute. He is active. on many civic boards and committees promoting sustainability. He has been Board Chair of No.~_ato Charter School (a K-8 featuring PV solar, organic gardens, and sustainabilty-oriented curriculum) and Board Member of the Leadership Institute for Ecology and `the Economy in Sonoma County. He is a long-standing `Board Member of Economic Development in Solaro County and helped write Solaro. County's sustainable General Plan. Curt. attended Junior College in his early twenties and went immediately to work u1 .the ,land :development :business. Later, Curt completed numerous courses at U.C. 'Berkeley Extension .and received a Certificate in Business Administration. He is mostly self=educated in 'the field of sustainable development, .immersing himself in economic; environmental, and social equity study for almost ten years. Curt has taught sustairiability classes at the college level aril is currently on Transform's Cool Neighbors. Committee writing policy for transit-.oriented protects u1 the ,Bay Area. He is an active participant in :helping to shape California's S.B. _375 and A.B. 32 land use .policy for greenhouse gas emiss~i`ons, at work on his first book about the philosophy of sustainable development, and has been a frequent speaker on the topic of best practices for sustainable land use for organizations such as ULI,. the Local. Government Commission, the Association. of Bay Area Governments and the Metropolitan Transportation Commission. ~~ ustainable bevel®ent Guiding rin~ci~les Curt Johansen, Triad Communities Econoraiics and Employment Create local employment oppoz~tunities through ecologically-friendly businesses; bdlance local jobs with housing;. dnd provide local goods and services. Dousing. and Green ~uldiing Provide diverse housing choices in high-quality, connected neigJrborhoods, creating a sense of place and mandating green: building desig~ts. Transportation and Land iJse Integ~°ate trnnsit alternatives.to reduce dependency on automobiles; such as pedestria~t and bicycle friendly pathways, and provide options for local use of alternative fuel vehicles. Agriculture and Ecology Preserve natural assets such as prime agricu'lttrral soils,. open space, woo~Jla-tds, park lands and wildlife /iabitat, and support sitstdinable agriculture for 7oeally grown food. Dea`lth and Environmental Justice Promote the use of toxic free ntaferals, preservation and restoration of clean water and air, recycling and meaningful reductions' of pollution and ~i~aste products: Renewable Energy and Conservation Promote the use of renewable resources, including efficient energy systems, with a priority on solar power for local energy needs. Education and Eco-Literacy Educate children and adults to understand and practice eco-literacy, with respectfor the living ~a~orld and the biop/tilic~coiinection humans have with the natural enviYOnment, fostei°ing a socirtl commitment to the:common good. ~~j ll stantto~~~ r-eferenees are to the California Gove~•r7meni Code unless othea•~~ise noted. his chapter addi-esses'the incorporation of en- v~ironment'al justice into the ,general plan. While environmental justice is not,a manda- tory topic :in the genera] plan, there ~s.a;5trong :case for its inclusion. Federal and state anti-discrimination stat- utes, which. have a long. history,. apply to planning as they do 10 other policy areas. As discussedbelow, envi- ronmental justice issues are often~related to failures in land use planning. Planning policies that promote liv- able communities and smart growthtcan• be. ools for achieving environmental, justice: In keeping with that idea, this chapter begins' with a:discussion;of sustain- able development:,Sustainable deVelopmentprovides a context for understanding how environmental'.justice fits into land use planning. This chapter;concludes with adiscussion oftransit-oriented development; which has important implications for environmental justice and sustainable development. SUSTAINABLE DEVELOPMENT Sustainable' development encompasses established principles of good planning and advocates a proactive approach to future: development._The basic concept of sustainability is meeting. the needs of current. genera- tions without- compromising the ability of future: gen- erations to meet their own needs. Sustainable development can be further defined as promoting the "three E's:" environment,, economy; and equity: For example, a decision or action-aimed at promoting,eco- nomic deve]opmentshould..not result in decreased en- vironrnenfal~: quality or social inequity. Ensuring'that a given decision or,acfion .promotes all three E's is often referred to as the triple bottom line. Whatdoes sustainable development ]ookaike:on the .ground? In a community. that is developing sustainably, the neighborhood'' is the basic btiilding.block of urban design and'is"characterized.by wa_,lkabilty;.mixed-use development, and:mixed-income housing. Walkability is a function of compactness and density. Attention to streetscape and public spaces is a.key .design element in creating desirable places fo~live. Suchneighborhoods, 20 General .Plan Guidelines also known as neo-traditional or new urbanist develop- ment, aze more'Iikely to support efficient transit systems. T'he character and function of each neighborhood is then placed.propeTly within itsregional setting. This approach to planning, from-the neighborhood to the regional level, is often"referredto as smart growth. Sustainable development goals and policies include the following: 0 Decrease urban-sprawl. - Promote compact, walkable, mixed-use de- velopment. - Promote infill development. - .Restore urban and town centers. L'imitnon=contiguous (leafrog) development. -' Promote transit-oriented development. 0 Protect open space and working landscapes. - Conserve prime agricultural lands. Conserve lands of scenic and recreational •'value. - Use open space to define urban communi- ties. 0 Protect environmentally sensitive lands. - .Conserve natural habitat ]ands. PreServe.habitat connectivity. -, Minimizeimpactto.watershedfunctions,in- cluding`waterquality and natural floodways. - Avoid natural hazards. 0 Create strong local and regional economies. - Encourage jols/housing balance. Provide adequate housing :for all income levels. Encouragetlie expansion oftelecommuni- cations infrastructure. - Provide a fair and predictable land use plan- ning process. 0 Prom ote energy and resource efficiency. - SupporE energy- and resource-efficient in- du§tri es. - Promote waste reduction programs, such as recycling. hapter 2` Sustainable Development and Environmental)ustice - Promote alternative forms oftransportation. - Promote energy-and resource-efficientbuild- ings, 0 Promoteequitabled~velopment. s Require: fair. treatment in the development; adoption, implementation,.and'enforcementof environmental laws,;regulations, and policies: - .Promote?mixed=income housing,development. Promotealtemativetransportatron options to increase access. 1= ;Promote' economic .opportunity for all seg- ment5 of the community. ~ Protectculturally significant~stes. The comprehensive; integrated,, and. long-term na- ture of the .general plane makes it an ideal 'vehicle for implementing local sustainable developrrient goals. When preparing or amending a. general plan, sustain- able .development policies or programs may be ad- dressed within the various elements Hof the plan. For example, policies on minimizing urban sprawl may be addressed in the land use element; policies for prime agricultural land preservation may'be.introduced in the open-space elemenf;,and the transportation element may be used to address public transportation'conceins. The principles ofsustainable°development may also guide the o~!erall goals ofthe genera] p1an:For example, Santa Clara County's genera] planaddresses four themes of sustainable development in its general plan vision: social and economiewell-being, managed and balanced growth, livable,communities, and responsible.resource conservation. The geneial`plan'.s goals for social and economic well-.being include achieving "a Healthy, di- verse economy and adequate employment opportuni- ties" 6y reaching "sustainable levels of growth.and job formation .consistent with planned improvements in housing, transportation; urban service`s, and maintenance of environmental quality:" Goals for the other°themes also :reflect 'the necessary balance of.social; envron- mental, and economic objectives that characterizes sus- t_ainabledevelopment. , General,plans can work,in concert with other plans -and policy documents to promote sustainability. For instance; the City of Pasadena uses~a quality-of:-life in- dex to identify; measure; and.set,quality-of-life indica- tors'for a hea]thier;moresus"tainablecity. "The Quality ofLife:in Pasadena" index combines information from the city's general phan"and;otherdocuments and ad- dresses such topics~as the environment; health, educa- tion, transportation,the economy,~andemployinent. The City of Oakland includes in?each staffreport to the City Council-a discussion ofhowtheproposed action would promote the three E's ofsustainability. The concept;and application of sustainable development is evolving through creative nterpretation.ai5d ia5e. Job'sZHousing .Balance One issue that cuts across several elements of the .genera] plan is jobs/housing balance. Jobs/housing bal- ance compare"s the available housing andavailalbe jobs within a community; a city or other geographically de- fined subregion. Relying on the automobile as our pri- mary means of transportation has encouraged patterns of development-and employment that are .often ineffi- cient. Suburbanites`routinely commute 25-miles ormore from their homes to their places of employment. Public transit is impractical for most people because jobs are dispersed"throughout employmentregions,andhousrng density'is too low. With residential and commercial land uses often separated by long distances, people must make multiple car'.trips"toperform routine errands, such as groceryshopping, going to the bank; eating out, go- ing to the:dentist, etc. Sobs/housing balance" is based on the premise. that commuting, the overall number of vehicle trips, and the resultant vehicle. miles traveled can be reduced when sufficientjo>?s are available locally to balance the em= ployment demands:of'the community and' when com- mercial services are convenient to residential areas. Planning for ajobs/housing balance requires in-depth analyses of employment potential. (existing and' pro- jected), housing"demand (by income level'~and housing type), newhousing production; and the relationship between employment opportunities and housing avail- ability. Other factors, such as housing costs' and trans- portation systems; must also be evaluated. Improvingthe jobs/housing balance requires carefully planning:forthe location,:intensity, and nature ofjobs and housing in order to.encourage a reduction invehicle trips and miles traveled' and a corresponding: increase. in the. use.ofmass transit and alternative transportation:, meth- ods; such as ;bicycles, .carpools, and' walking. Strategies include locating higher,-density housing;near employment' centers, promoting nfill deve]opment;_promoting'transif- oriented development,:actively recruiting businesses that will utilize the local workforce; developing a robusttele- communicafioris. infrastructure, developing workforce skills consistent with evolving-local economies„and pro- viding affordable housing opportunities within the com- munity. Jabs-housingprovisions most directly affect the land use, circulation, and;housing;elements. The-question of a~ jobs/housing balance on the scale of a community should not.be confused with°the design of mixed-use; walkable neighborhoods. Planning fora General Plan Guidelines 21 gl Fiapter 2: Sustainable "Development".and Environmental Jusuee jobs/housing balance alone could easily result in a city composed ofsingle-use'residential subdivisions on one side of town. and single-use business parks and shop- ping centers on the other side: of town. At the scale of the. region,,. this might be ,preferable to a jobs housing imbalance; but at the scale of the community and ofthe neighborhood. t.does not improve livability oT reduce dependence on .the automobile. While it is not likely that most employees. of a local business,wi]].also]ive in the neighborhood; it is important that't}e"planning of the neighborhood'not preclude'that possibility for those who would chose it. ENVIRONMENTAL JUSTICE Environmental justice is defined in state planning law as the fairtreatment ofpeop]e ofa11 races; cultures, and' incomes with'"respect to"the development, adoption, implementation, and enforcernentofenvironmenta]laws, regulations; andpolicies (§6504012(e)): The'Govemor's Office ofPlanning and _Research(OPR)'s requiredto pro- vide guidance to cities and' counties.for integrating envi- ronmental justice into their general'plans (§65040.12(c)). This section discusses'the framework.for environmental justice and there]atibrishipofenvironinental justice to the general plan: The recommendations in this..chapter are also reflected in the chapters ~.on the required genera] plan elements (Chapter 4), optional elements (Chapter 6), and public participation (Chapter 8). Federal Framework The basis for environmental justice lies in-the Equal Protection Clause of the U.S: Constitution: The Four- teenth Amendment expressly ':provides, that ,the .states may not "deny-to; any person. within [th'eir] jurisdic- tion: the equal protection ~of the laws" (U;S. "Constitu- tion,, amend. XIV, §l:). On Febrt_ary 1 1, 1994, President C]infonaigned Ex= ecutve Order (E:O) 12898, titled "Federal Actions to AddressEnvironmental;Justice`in.Ivlinority Populations and Low-Income Populations." The,executive order fol- lowed a 1992 report>by the U;.S. Environmental Protec- tionAgency (LLS. EPA) indicating t)7"aY"[r]acial minority and low-income populations-experience'higherthan av= erage exposures to~ selected air pollutants, hazardous waste. facilities, and;other forms of envirgnrimental pol- lution.." Among, othe things, E.Q: 92898 directed fed- eral agencies to incorporate environrriental justice-info their missions: In a memorandum,accompanying E,O: I'2'898~Presi- dent Clintonunderscored:existing;federa] laws fhatcan be used,to fuither environment justice.'Tfiese laws in- 22 General, Rlan' Guidelines elude Title VI of the Civil Rights Act of 1964 and the National Environmental Policy Act (NEPA), among others. Title Vl prohibits any recipient (state or local entity or public or private agency) of federal .financial assistance from discriminating. on the basis of race, color, or,nationa] origin in its programs or activities (42 USC §20004-§20004-7): State and local agencies tharreceive federal funding must comply with Title VI. Pursuant to the Civi}-Rights Restoration Act of 1987, this requirement applies to al] agency :programs and activties,.not justthose that receive direct federal fund- ing: Inresponse; many state and local agencies that re- ceive federal funding have initiated environmental justice programs of their own. NEPA applies to pTOjecis carved out or funded by a federal agency (including the issuance of federal per- mits): NEPA is useful relative to environmental justice because it requires public participation and discussion of alternatives and mitigation measures that could re- duce disproportionate effects on low-income and mi- nority populations. On December 10, 1.997, the Council on Environmental Quality (CEQ) released NEPA Guid- anceforFederalAgencies on Key Terms in.E.O: 12898._ This document is a useful reference for planners; al- though it;is "focused' on environmental. review of indi- vidual projects rather than long-term comprehensive land use planning. State Framework Anti-discrimination laws existed in Ca]ifomia prior to the passage of the first state environmental justice legislation in 1',999. The Ca]ifornia.Constitution prohibits discriminationin the operation of public°employment, public education,'or public contracting (Article T, §3.1). State law fi.irther prohibits discrimination under any program or activity°that is funded or administered.by the state;(.§11135): The!Planning and Zoning Law pro,- hibits any local entity .from denying any individual or group of the.. enjoyment of residence,. land ownership, tenancy, or any other land use in California due to :the race; sex, color, religion, ethnicity, nationaLorigin, an- cestry; ]awful occupation, or age of the individual or group of individuals (§65008). The Fair Employment and Housing Act. (FEI-IA) specifically prohibits hous- ing discrimination on the basis ofrace, color, religion; sex, sexual orientation,. marital status, national origin,' ancestry, familial status, disability; or source of income (§ 12900, et seq.) In 1999, Governor Davis signed SB 115 (Solis, Chapter 690; Statutes of ] 999) into law, defining envi- ronmental justice. in statute and establishing OPR as ~~ hapter 2: Sustainable Development and Environmental Justice the coordinating agency for state environmental jus- tice programs (§G5040.1`2j, SB: ]`1 S furtherrequired the California Environmenta_1,ProtectionAgency (Cal/EPA) to develop a model~env:ironmenfal justice mission state- ment for boards;• departments; and offices within the agency by January ; 200] (Public Resources Code §72000-7200.]:). ]n 2000,, Governor Davis" signed SB 8,9 '(Escutia, Chapter 728, Statutes of 2000), which complemented SB 1 ] 5 by requiring the creation of an, environmental justice working. group and an advisory group to assist Cal/BPA:in developing an infra-agency environmental justice strategy (Public Resources Code §72002- 72003). SB 828 (Alarcon, Chapter 7b5, Statutes of 200]) added and ,modified due .dates for the develop- ment of Cal/EPA°s infra-agency environmental justice strategy and required each board, department, and of- f ce within Cal/EPA to identify and address any gaps in its existing programs, policies, and activitiesahat may impede environmental justice no later than. January 1, 200.4 (Public Resources'Cod'e §7l 1 Y4-71115). AB .1553 (Keeley, Chapter 762, Statutes of 2001) required OPR to""incorporate environmental justice con- siderations in the General Plan Gzndelines. AB 1553 specified that, the guidelines should propose methods for local governments to address the fo]]'owing: 0 Planning for the equitable distribution of new pub- lic facilties.and services thatincrease and enhance community quality of life. ~ Providing for the location of industrial;facilities and uses thafpose aaignificant hazard "to human`health and "safety in a manner that seeks o avoid " overconcentrating theseuses inproximity to schools or residential dwellings. ® Providing for.the location of new schools and resi- dential dvrellings'in' a manner`that avoids proxim- ity to industrial facilities and:vses that =pose a significant hazard to human health and safety. 0 Promoting more livable communities ,by ;expand- ing opportunities for transit-oriented:development. Forms of Inequity . Problems of environmental justice can'be broken down. into tvuo categories: procedural inequity and geograph'ic'nequty. In~,other words, unfair treatment can manifest itself'n~ternis of:process or in terms of results. Procedural inequity°occurs when the planning pro- cess is not applied`uniforrrly: Examples of procedural .inequity incltide: ® ".Stacking" commissions or. committees with cer- tain. interests while ignoring the interests of other segments of the community,, such as minority and low-income residents. ® Holding;meetings attimes or in locations that mini- mize'the ability of certain groups or individuals to participate. ® Using English-only w~?itten or verbal conmunica- tion when.annn-English speaking population will be affected liy' a planning decision. ® Requiring lower levels of mitigation for projects affecting low-income or minority populations. ® Unevenly enforcing environmental rules. Geographic: inequity describes a situation inwhich the burdens of undesirable land uses are concentrated in certain neighborhoods whale the benefits are re- ceived elsewhere. It also describes a situation in which public amenities are concentrated only in cer- tain areas. Examples of geographic inequity include situations in:whch: 0 Certain neighborhoods have a disproportionate share of industrial' facilities that-handle or produce hazardous waste; while the economic benefits are distributed to othef neighborhoods (in the form of jobs and ax revenue). ® .Certain neighborhoods have a disproportionate share of waste disposat;`facilities, while the ben- efits of such, facilities are received by the commu- nity or region as a whole. ® Certain neighborhoods have ample community cen- ters; parks, and open space and thus experience more of the environmental benefits associated with these arrienities; while other neighborhoods have fewer such "amenities. Public- Participation Community involvement in the planning process is an important part of environmental justice. Cities and counties should develop public participation strategies that allow for early and meaningful' community involve- ment in the general plan process by all affected popu- lation groups.. Participation plans should incorporate strategies to overcome linguistic; institutional, cultural, economic, and. historic barriers to effective participa- tion. Chapter8 is dedicated to the issue of public par- ticipation and suggests methods to improve outreach to and communication with a]] population groups, in- cludinglow-iiicorrieand minority populations. General Plan Guidelines 23 g3 hapter 2: Sustainable Development and Environmental.Justice Compatibility At .the general plan level,. discussions about envi- ronmental justice 'inv.o]'ve acentral land use concept: compatibility: The.prirnary' purpose of planning, and the source of government:authority to engage in plan= ning, is to protect the public health; safety, and wel-, fare. Incompatible and uses may create health, safety, and welfare issues for the community.'Geographic'in- equity occurs when incompatible-land uses dispropor- tionately affect a particular socioeconomic segment of the community.In this sense, environmental justice problems indicate a failure ofland use planning to de- liver on its original promise-reducing fhe harmful ef- fects ofincompatible ]and-uses: Traditionally, zoning: has attempted, to iminimize health and safety risks by segregating ]and uses. How- ever, taking this :approach too.. far has. negative -conse- quences that run counter to the .goals of sustainable development. Rigid separation of land;uses has resulted in disconnected islands of activity and contributed to sprawl. As discussed above, development patterns char- acterized bysingle-use zoning result in~the automobile being the only viable transportation option;;which has high environmental, economic, and social costs. The traditional pyramidal .zoning model places single-family homes at the pinnacle;:followed by denser multi-family housing; followed by office and commer- cial uses,, and, ..finally, followed by industrial uses> at the base. In this model, ]and uses. at a lower level on the.pyramid;are notallowed within,the higher designa- tions (e.g., commercial uses are not allowed in~. multi- family zones, and' apartments are not allowed. in single-family zones). This is giving way to a much more sustainable model; where the middle: of the pyramid consists ofmixed-use development hat infegrates hous- ing, commercial, .and recreational/cultural activities. Despite the desirability o.f mixed=:use -zoning, it is'im- portant to,recognize that there are certainindustrial uses that will always be incompatible with residential and schoo]'uses. Residential and school uses. are harmed by incom- patible ]and'uses that~hav:e environmental effects, such as noise, aireinissions(including dust),, and exposure to hazard'ous~materials_ The compatibility problem also operates in,reverse: Incompatible uses.adjacent to resi- dential units; schools; or erivi-onmentally sensitive ar- eas may a]_so'suffer'negative-consequences in the form of higher mitigation cost`s or the curtailment of eco- nomic acti~:ities: Specific examples ofland use incom- patibility°include: ® Residential' and school uses in,proximity to Indus- trial facilities and other'u`ses t)?at, even with the best available technology; will contain or produce ma- terials that, because oftheir quantity, concentration, or physical or chemical characteristics; pose a sig- ' nificant hazard to human health and,safety. ® Residential and school uses adjacent to intensive agricultural. uses. ® Residential and school uses adjacent to major thor- `oighfares, such as highways. ® Residential or commercial uses in proximity to re- source utilization activities, such as mining or oil and gas wells. lssues;related to=industrial overconcentrationand the location of residential dwellings and schools are dis- cussed below. Information and Analysis Good information is critical to making informed decisions about environmental justice issues. The analy- sis of environrnenfal justice problems .has benefited from the advancement of geographic information sys- tems (GIS);;as hasthe entire planning field: The role of data in the general plan process is discussed more fully in Chapter 3. The data suggestions for the mandatory general plan elements (Chapter 4) include much of the information necessary for developing environmental justice policies. Relevantinformation for addressing environmental justice issues includes; but is not limited fo: ® Base map of the city or county planning area. ® Genera] plan designations of land use (existing and proposed)., 0 Current demographic data. Population location and density. - Distribution of population by income: Distribution of population by ethnicity. - Distribution of population liy age'. ® Location: of public facilities that enhance commu- ' nity quality of life; including open space: ® .Location ofindustrial facilities and otheruses that contain or produce materials that, because of their quantity, concentration, or physical or chemical characteristics, pose asignificant hazard to human health and'safety. ® Location of existing and proposed schools. ® Location ofmajorthoroughfares,ports and airports. ® Location and density of existing and proposed resi- dential development. 34 General Plan Guidelines ~~ hapter 2: Sustainable Development and Environmental Justice Although•the use ofpopulatiorrdata is anormal part of the planning process, cities and' counties do .not al- ways gather socioeconomic data when preparing or substantially revising theirgenera] plans. Jurisdictions do have to collect some socioeconomicdata during.the preparation of the .housing element, such as income level andpersons with special housing.needs.(elderly, farmworkers; single .head of household; etc.); 'but this required informatiorris not enough to paint.a"complete socioeconomic picture of he community. From an en= vironmental justice perspective, socioeconomic data is useful for a number of things, including: ®. Improving the public participation process. ~ . ® Identifying low-income and minority neighbor- hoodsthat are uridei'served by pi-lilie facilitiesand services that enhance quality of life and planning for the equitable distribution of such facilities and services. 0 Planning for infrastructure and housing needs. ® Identifying low-income and mino"rift' neighbor- hoods in which industrial facilities 'and: uses that pose a significant hazard to human health, and safety maybe overconcentrated. As discussed- below; the definitions of both equi- table distribution and overconcentration do not depend on socioeconomic factors. However; reversinghistorica] problems ofprocedural and:geographicirequity.reguires accurate socioeconomic inforrriation in order to develop policies and prioritize implementation measures. Relationship to the General Plan Cities and counties may incorporate environmental justice into their general plans. in several ways. A city or county may choose to adopt an optional, environ- mental, justice element. However, ~OPR recommends incorporating policiessupportive ofenvirorimental jus- tice in alhofthe mandatory elements. offhe general plan. These policies should also be rel7ected,in,any optional elements. In,keeping with `the internal consstencyre- quirement,;environmental justice policies in<one element cannot conflict with;'the policies of another element. For .example, if the land use element contains a policy pro- hibiting residential uses adjacent to certain industrial uses, properties affected 'by that policy could not be used as part of the housing element site inventory. Public Facilities and Services Cities and counties should"plan for 'the equitable distribution throughout the community of new public facilities and services,that increase and.;enhance com- munity quality of life, .given the fiscal and legal con- straints that restrict the siting of such facilities. Public .facilities and services that enhance quality of life include, but are not limited to, parks, open space, frails, greenbelts, recreational facilities (including se- nior,and youth .centers); community centers, child care centers; -libraries; museums, cultural centers, science centers, and zoos. The equitable distribution of facili- ties and services has two components. The first com- ponent is"the'numberand size of facilities. Simply put, a community should have adequate faci ities and ser- vices to serve;al] residents equally. The second compo- nent is access;: which can be measured as the distance or travel time from each residential area to the facility or service. Access:may also be measured bythe ability to use avariety oftransportationmodcs; including pub- lic transit, walking, and bicycling, to travel between each residential,area and the facility or service. A geo- graphic analysis pfresidential areas and the location of public amenities may reveal underserved neighbor- hoods. Policies addressing the distribution of benefi- cia] public facilities and-services should address existing disparities as~well:as the needs offuture-residents. Public facilities and services that enhance~commu- nity quality" of life can be-divided into three basic types for,purposes of distribution. The first type is neighbor- hood facilities, suchas parks, that serve a specific neigh- borhood. or subdivision. The second type is district facilities, such as~branch libraries orrecreational cen- ters, that serve more than one neighborhood. The third type is unique facilities, where one facility serves the entire community-"community" being an incorpo- rated city or, for counties, an unincorporated area. Neighborhood facilities should be: geographically dispersed throughout the.community. Examples include parks, tot lots, and:neigliborliood activity centers. These facilities should "be located within the neighborhood they serve. Public amenities can serve to anchor a neigh- borhood:andshould be centrally located'. Furthermore,. locating neighborhood-serving public facilities withip walking distance of most residents will encourage use and provide a ense.of place. A distance of a quarterto a halfmile is'generally considered.a walkable distance. Planning' for'the location of district facilities should follow the same'principles as above. Since these facilities serve several neighborhoods; they should be.centrally lo- cated relative to :the neighborhoods they serve. Locating such facilities along.tiansit corridors orintransif-oriented developmenis'will :increase their accessibility (see Tran- sit-Oriented Development later in this chapter). Examples:of unique.public facilities include the cen- tral library or city museum. Where a community has General Plan Guidelines 25 ~~ hapter 2..Sustainable Development and Environmental Justice only one recreational or cultural center, that would be considered a unique facility or service. These facilities should be ocated "in the civic center or urban~core rather than isolated in 'remote single-use complexes. They should be close to ti~ansitto allow maximwn access for the entire;community. Consideration should. also. be given to regional fa- cilities, which--may exhibitthe characteristics of all three basic types described above. R'e- giona'1 facilities' include trails; networks of open space such as greenbelts, `regional parks .and . recreation areas,.etc. Linear facile- ties (suchas trails and.,greenbelts) may serve'several-neighborhoods butare.also a unique amenity `for the entire area. The same is true of large regiona]'re¢reational ar- eas: Individual cities and counties may have less control over the: ]o- cation ofregional~facilities, which may be operated by special dis- tricts or joint;powersauthorities. Cities and counties have even less control over stafe:and:federa] parks; recreational areas, and forests, although cities andccounties should account .for such facilities.,n the planningprocess:'New regional facilities are rare, and when ihe:opportunity to acquire or develop such facilities arises; the..locafon may .be predetermined by such factors as natural features, aban- doned rail lines (fortrail use); or the;availability oflarge undeveloped properties. Nevertheless, planners should consderexistingavd proposed regional~facilities when analyzing community access to public facilities that. contribute to quality of life and when planning .for fu- ture such facilities.. Locating public'facilitiesand uses according to these planning principles may be limited by•fiscal and legal' constraints..Fiscal constraints 'include the relative cost of land and the ability' of public agencies to obtain fi- nancing. for acquisition, and construction. Legal con- straints include; liutare,not limited to; local, state; and federal regulations" for ahe protection of the environ- ment; public healtYi'and safety, andahe~~preservation"of natural and cultural: resources, including historical and' archeological;resources. Industrial Facilitaes- Cities and counties should develop policies that pro- vide for tfie location-~of"industrial :facilities and other uses'that, even with'the b"est,available technology, will contain or produce.materials that;;;tiecause:'oftheir quan- ~tiry,'concentration; or physical or chemical character- istics,;pose a significant hazard'to human health and safety in a manner that seeks to avoid overconcentrating these uses:in proximity toschools or residential dwellings. Overconcentration occurs when two or more indus- trial facilities or uses; which do not individually ex- ceed.acceptable regulatory standards for~public health and safety;.: "pose a significant hazard to adjacent. resi- dential and. school uses due to .A University ofSouthern California s'tudy,.Parks~ond"Park Funding'in Los ArigelesAn"Equity NlappingAnalys"is; is an .example .of how equitable.. distribution of pubic amenities (in this case, parks and open space) can.be analyzed using a geographic. information system- (GIS). The• report is available at.www:usc.edu/' d,e pt/geograp liy/es p e. :. their cumulative effects. Facilities that emit, handle, store, or dispose of hazardous materials are regulated by a vari- ety of agencies. These agencies include local Certified Unified Program Agencies (such as eri- vironmental health departments or fire departments), air dis- tricts; regional' water quality control boards, 'the California.. Department of Health Services, the.California]ntegrated Waste 1Vlanagement Board, and the California Department ofToxic Substance Control (DISC). Nowever, cities and counties, as;"the local land. use authority, are prima- rily responsible for the location and distribution of pofentially hazardous industrial facilities through their general plans and zoning ordinances. Cities and counties .may, pursue several strategies within theirgeneral plans to address overconcentration. Strategies rriay include: 0 Buffer zones between industrial and residential land uses. A Policies addressing individua].project siting decisions. ~ Capping the number of certain facilities and uses. ® Changing, land use designations in overconcentrated areas. Buffer zones `are a broad approach to"land use compatibility.' Buffer zone policies may be ap- proached;i;n one of two ways. First; the general plan Land use",diagram:may designate transitional and uses between industrial and'residential areas. Transitional uses may include open space, Eight industry, office uses,'business parks; or heavy commercial uses. Th:e land use policies for these buffer areas; should pro- hibit. school uses (see discussion below on school siting). Appropriate distances for buffer areas will vary depending on local circumstances. Factors such as the intensity ofn"earby residential uses, prevailing 26 ' General Plan Guidelines ~~ hapter 2: Sustainable Development and Environmental Justice winds. geographic "features, and the types of facili- ties and uses allowed in industrial areas should be considered. Second, .buffer zones may be implemented :at the project level. One`weakness ofgeneral bufferzone poli- ries is the difficulfy~:ofmaking apzioi•i,decisions about how- much distance is needed to minimize potential health and safety hazards to.residential~and school. uses. A stronger approach may be buffer policies'aimed at individual siting decisions. Approval of certain industrial facilities' onuses can be made conditional if they are within acertain"-dis- tance of residential or school uses andfor contain. or produce hazardous materials. This :allows the city or county to consider the potential hazards associated with individual facilities or uses on a" case-by-case basis. General plan policies .can out]'ine.consistent standards. to be used in approving, conditionally approving, or denying proposed locations for industrial facilities and other uses that may pose. a significant,liazard to human health and safety. Such standards should'. be reflected in .the zoning ordinance that implements the general .plan (see Chapter 1:0 for a discussion of zoning consistency). Approval of a conditiona]'use.is discretionary and thus would beaubject to'the California Environmental Quality Act (CEQA). CEQA requires~d'ecision makers to consider the environmental consequences of their actions. CEQA also serves as an .important consulta- tion tool. A lead agency must consult with an affected school district ifany facilitythat would create hazard- ous air emissions or handle acutely hazardous material is proposed within a quarter mile.. of.a school (Public Resources Code §21 TSl .4). Another policy response to overconcentration is to cap the number of potentially hazardous facilities within acertain distance of each other: For example; the Stafe of Georgia does:" not allow: siting of a new solid waste facility iftwo such facilities already exist'within atwo mile radius ofthe proposed facility. While capping poli- ciesare" easyto,irriplement and understandable to the pub- lic, they haveaerious drawbacks:lVumerical caps are more likely to be'based 9n perceppon" and-political:compromse than scientifi'e merit. Without analyzing. the type, quan- tity,and concentratign ofmaterials to becontained orpro- duced at a proposed;facility; it isdifficult todetenninethe number of facilities that would create a situation of overconcentration. The general .plan strategies above can assist a city or county in ,addressing :future problems of overconcentration. General plans;: which are by their nature.:concerned withfuture development, are novas effeeti~e,at correcting past:problems. One way to ad- dress existirg or potential future problems of overconcentration is to change the land use.desgna- Lion for existing industrial areas. This approach differs from buffer zones in that buffer zones affect the']and use :designation of areas adjacenrto existing or pro- posed' mdu5tri,al areas. "Changing the allowable land uses in existing, industrial areas prevents new indus- tria]'land uses from being established and may affect the expansion of ecisfing facilities and uses (depend- ing .on how 9oca1 policies treat."pre-existing or "legal non-conforming," ]and uses). Ari important caveat`is to consider what new uses will b.e allowed in the previously industrial areas. A new environmental justice problem could be created if residences"and schools are allowed without consid- ering an.y lingering effects of industrial overconc_entratiorr. At the same time, where overconcentration, is no longer an issue and effective remediation or clean-up is possible, so-called "brownfield'."development is an important too] for a community's continued sustainable development. Finally,. planners'should remember to differentiate between. pverconcentration and the mere presence of materials thatmay be classified as'hazardous.lVlanyneigh- borhood businesses,. such as gas stations, photography studios, retail paint stores, dry cleaners, etc., may have hazardous materials-present. While these-activities must be conducted. in a responsible manner in accordance with al] environmental regulations; they should not be confused with.those truly industrial activities that are in- appropriate ;for residential or mixed-use areas. New Residential. Uses and Schools Cities and counties should provide for the location of new schools and residential dwellings in :a manner thatseeks to avoid ,locating these uses in proximity to industrial. facilities. and uses that wit] contain or pro- duce materials ih"at, because of their quantity, concert- tration, or physical or chemical"characteristics, pose a significant,hazard to human health and safety: The location of new residential and school develop- ment is the flip, "side of the problem discussed in the section above: Given the need for new housing and schools and given the need to make efficient use of land, how dq cities and counties deal wish. existing overconcentration of industrial uses? When designat- ing areas. for residentia .development, the-city orcounty" should identify any areas ofovereoncentration. Appro- priate buffers should be placed .between overconcentrated industrial areas and new residential areas. Using their authority over the approval and de- sign of "subdivisions; cities and counties may develop General Plan Guidelines 27 hapter 2 Su"stainable Development and Environmental Justice policies anal standards related to industrial overconcentration and;new re"sidentia] subdivision ap- provals. "These policies could include buffer zones,;as well as the criteria"to.be used for rejecting newresidential de- velopment (such as standards for .risk. to human health and'safety from nearby industrial,facilifies~and~uses). The location.of new schools sof particular concern to bothlocal governments:and;school districts. The gen- eral plan should identify possible locations for new chogls. Such locations, maybe app"roximate and need not indicate specific parcels. Identifying appropriate school locations as part ofthe general }flan process may avoid project-level problems ofproximityto certain in- dustrial facilities anduses. Due`to the.fragmentation of authority in the areas of land use: planning and: school siting and construction, itis recommended that he plan- ning agency'workclosely with the school district to iden- tify suitable school locations. Rrior is adopting or amending a general plan, the plaru~ing~agency must re- fertheproposed action to anyschoo] distrct~within the area covered bythe pioposedzaction (§'65352). The city or county should use tfiis opportunity fo :engage~school districts on:issues of school'siting. For their part, :school districts are required to notify the planning commission of the city or county prior to acquiring property for new schools or expansion of an existing school. School districts~,are not bound by local zoning ordinances unless the ordinance provides forthe locationofschoolsanti the city orcounty has adopted a general plan (§5309:1). School districts^can override the genera] plan and zoning ordinances with., regard to the use of property for classroom facilities by atwo-thirds vote of the school board..(§53094). The school board cannot exercise this power for'non-classroom facilities, such as administrative buildings, bus torage and.main- tenanceyards, and warehouses. Iftheischool board ex- ercises their, override power, they must notify the city or county within 10 days (§53904). GEQA, requires that the environmental document prepared for a new.school;identifywhether the proposed' site is,any of the;following:.acurrcnt or former hazard- ous waste or solid waste disposal .facility, a hazardous substancesrelease{site identifed byDTSC, the site of one or more pipelines that carryhazardous substances, or located with~n.a,:quarter:mile'of`a, facility that emits :hazardous ..air emissions;or handles acutely .hazardous material (Public Resources Code §21 ] 5]-.8). If such facilities exist, the~sehool,board'mustmake findings that the facilities would not endanger the health of those attending or :employed by the,proposed school or that existing corrective measures would result in the miti- gaton, of any health endangerment. TRANSIT-ORIENTED DEVELOPMENT Cities and counties should promote more livable communities byexpanding:opportunitiesfortransit-ori- ented development (TOD) so that residents minimize traflic;and pollution impacts from traveling for purposes of work, shopping, school, and recreation. TOD is defined as moderate- tohigh-density devel- opment. located within an easy walk of a major transit stop; generally with a mix of residential, employment, and shopping.opportunities. TOD encourages walking and transituse:withoutexcluding-the;automobile. TOD can be new construction or redevelopment of one or more buildings whose design and orientation facilitate transit use (Statewide- Transit-Oriented Development Study: Factors.. for Sarccess in California, California Departrnent of Transportafion, 2002). A well-designed, vibrant TOD community can pro- vide many benefits for local residents and businesses, as well as for the surrounding region, Compact devel- opment near transit stops can. increase ransit ridership and decrease :rates of vehicle miles traveled (VMT), thereby, yieldnga goodretum on transit system invest- ments. TOD can:also provide mobility choices, increase public safety,.~inctease disposable household income by reducing transportation costs, reduce air pollution and energy consumption rates, help conserve resources and open space, assist in economic development, and con- tribufe to thehousing supply. TOD is a strategy`thatmay help a community achieve its genera] plan goals related ~to circulation, housing, environmental quality, and economic development. Additionally, by.improving access to jobs and housing. and revitalizing existing neighborhoods, TOD can be a toolfor. promoting environmental justice. A-variety offaetors need'to be considered during the development and implementation of TOD. These fac- tors include transitsystem design; community partner- ships; understanding of local real estate markets; coordination among.local, regional, and tate organiza- tions; and providing the right mix of planning and fi- nancial incentives and resources. A successful TOD will reinforce the community and the transit system. Transit operators, property owners, and residentsahould be in- volved,in the development of TOD proposals. Data to identify' and assess potential locations for TOD should be~co_llected.during preparation ofthe land use, circulation, and housing elements of the .general p1an.An inventory ofpotentia].development (and rede- velopment) sites within a quarter to a halfmile ofexist- ing anal proposed transit stops may reveal ;potential locations for TOD. Additional data may be used to verify the optimum location and mix of uses to further refine 28 General Plan Guidelines ~~ hapter 2: Sustainable Developmentand Environmental Justice the viability of TOD at specific transit hubs. This data -may include origin and destination studies; transit rid- ership projections, and data to determine the appropri- ate jobs-to-housing.~ratio and level ofretail services. The appropriate density and intensity will .support a high level oftransit service. Anoptimal mix:ofuses w-ill pro- vide opportunities to shop, work, live, andrecreate with- out the need;:for an automobile. Loca]'govemments can promote TOD through gen- eral plan policiesahat encourage supportive densities and designs and a mix of land uses'. TOD-supportive policies inay provide for higher land user-densities, re- duced parkng•requirements,decreased automobile traf- fic levels of service; and 'increased transit levels of service. TOD policies should facilitate a pedestrian-ori- ented environment with features such as tra'ffc calm- ingstrategies, traditional'grid'streetpattern5'with smaller blocks, and'architeeture that orients buildings to side- walks, plazas, and parks rather than: to parking. TOD Standards. and Policies TOD design will;vary with local needs and context, butahere are severalgenerally accepted characteristics. These characteristics should be addressed broadly in general plan policies and standards. Policies for spe- cific neighborhood districts or development sites can be implemented'through the planning' fools discussed at the end of.tfiis section. day and that many downtowns and commercial districts have in the evening. Public uses also can contribute to the success of TOD. Some`TQDs are anchored by a public facility, such as a police station, child care cen- ter, recreation. center, or government office. Not only does'a TOD benefit from the presence of public ameni- ties, but the_public also benefits byhaving-these ameni- ties convenient to transit. A mix of;uses-may be within thesame building (such as first=floor commercial with residential units above) or in separate buildings within a quarter to a half mile of the transit'stop..Parficularlytyith the latter case, re- ferred to as "horizontal mixed-use," it is important to provide safe `and .direct pedestrian linkages between different uses. ' It is recommended that genera] plan standards and definitions ofmixed-use development exclude indus- trial facilities and'.uses that, even with the best avail- able technology,'wll .contain orproduce materials that, because oftlieir quantity; concentration, or physical or chemical characteristics, pose a significant hazard, to human health. and safety. Pedestrian'Scale With higher-density mixed-use development, scale is important. 'Pedestrian scale should be maintained through appropriate street and sidewalk widths, block lengths, the relationship ofthe buildings to the street, and the use of public spaces: Density Density is a key concern ~in designing TOD policies. A higher residential density relative tb~the community as a whole is necessary to.achieve a highleve] oftransit service and maximize the use of land ~suitable.~for such - -. developments.,:Density levels vary significantly based on local circumstances, but amniinum~of ] 5 to. 25 units per acre may be:required to~sustan an.appropriate level of transit use and commercial activity. 'The location of the TOD (regional urban core, town center, suburban development; etc.).~and the mix~ofuses envisioned for a particular TpD will affect the optima] eve] of density and intensity. Mzxed Use A mx;ofuses ~is also,a key~element in TOD. Mixed- use development.faclitates apedestrian-oriented envi- ronment,. encouraging walking and transit over automobile trips. A mix of uses also creates an environ- ment that encourages both day and night activity.. For example,. residential development supports restaurants and entertainment uses after regular work .hours have ended.. This can increase safety by avoiding the "dead zone" atmosphere'that many residential areas have by Safety Inaddition to the round-the-clock activity mentioned above, iI'is important`to maintain "eyes on the street" in urban development through the appropriate place- ment of windows. and entrances. Appropriate lighting also contributes, to safety and the attractiveness of the development. Landscaping A TOD; particularly when it is infill development; may not' have large areas available :for. landscaping. Nevertheless; high quality landscaping should be used to enhance public spaces. The generous use of trees cre- ates a more:']ivable environment and reduces energy costs for cooling, Street trees can make, development more pedestrian friendly by providing a bamer between tliesidewalkand street. Circulation Circulafionwithin a TOD should, in addition to sup- porting transit; maximize. walking and bicycling with- out eliminatingthe autornobilc:-Cities and counties-may designate certain qualifying areas served by transit as General Plan Guidelines 29 hapter 2'. Sustainable Development and Environmental Justice CASE STUDY: Integrating Transit=Orienfed: Development into~the General Plan The following,polieies from the agriculture and land use. element of the Fresno County General Plan illustrate how local jurisdictions can facilitate and guide transit-oriented development: Policy LU-F. I The County shall encourage mixed-use development that locates residences near compatible jobs and services.. Policy LU-F.2 The County shall encouragethe combination. of residential, commercial, and office uses in mixed use configurations~on the same site. Policy LU-F.3 The County"shallfpromote development ofhigher-density housing,in areas located along'major transportation corridors and transit routes: and served by the full range of urban services, including. neighbor- hood commercial uses, community centers, and public services: Policy CU-F.4 The County shall'selectively redesignate vacant land for higher density uses or mixed uses to facilitate infill development. Policy LU-FS The. County shall encourage subdivision: desgns,that site neighborhood parks near activity centers such,as schools; libraries, and community centers. Policy LU-F6 The County shall encourage the creation of activity eeoters including schools, libraries, and community eentecs in existing neighborhoods. Policy LU-E7The County shall sei=_k°to reduce the amount of land devoted .to parking in new urban non- residential development and encourage: the'use of shared parking facilities: Policy LU=F.$ The: County shall adopt transit- and. pedestrian-oriented design .guidelines .and incorporate them into community plans and apecific plans: The County shall review development proposals. for ,compli- ance vrith its adopted transit-and pedestrian-oriented design guidelines .to identify design changes that can improve transit, bicycle, and pedestrian access. Policy LU-F.9 The County shall plan adequate pedestrian-oriented neighborhood cammercial shopping areas to serve residential development. Policy LU-F. I 0 The''County shall encourage school districts to site hew -schools in locations that allow students"to safely walk or bicycle from their homes, and to ineorporate~school sites into larger neighborhood activity "centers that serve multiple purposes: "infill: oppor unity zones." (§65088.1.) These zones, which musf;be identified by December 3l, 2009,: are exempt from county Congestion lvlanagement Plan level of service requirements (§65088.4). Parking Parking requirements fgrFTOD'are typically lower than:for conventional development,and often specify a maximum.ratherthan amnimum-number. ofspaces. In order to maximize the use of land, parking structures are favored over~surface parkng,,parCcularly at infill TOD sites: The ~placement;of parkinga structures: sfioul d not physically separate the TOD.from the surrounding community: Implementation Tools Successful TOD implementation independent upon TOD=supportive genera] plan policies enabled by spe- cific zoning codes, development regulations, and de- sign guidelines. To create an effective regulatory and review environment, local jurisdictions can modify existing zoning, codes~to encourage TOD; tailor de- velopment regulations~to individual~TOD sites where app"ropriate; d'evelop:TOD-friendly design standards; and simplify and sfream!line the permit.and review process.. . The. -following planning -tools: are typical ways a community scan 'implement TOD-supportive general plan policies: 30 General'Plan Guidelines hapter 2: Sustainable Development and Environmental Justice CASE STUDY: Integrating Transit-Oriented Development into the General. Plan The following policies from the 1998' City o f Ooklond Generol'Plan illustrate how local jurisdictions can facili- tate and guide transit-oriented development: Goal: Integrate land use and transportation planning::Integrate transportation and land use planning at the neighborhood,. city and regional °levels by developing transit-oriented development where appropriate at transit and commercial nodes. Objective: Provide mixed use, ransit-oriented development that encourages public transit use and increases pedestrian and bicycle trips at major transportation nodes. Policy I: EncourageTransit,Oriented Development. Transit=griented development should be encouraged at existing or proposed transit nodes;defined by the convergence of two or more modes of public transporta- tion such as BART bus, shuttle service, light rail or electric rolley, ferry and inter-city or commuter rail. Policy 2: Guiding Transit Oriented QevelopmentTransit-oriented:developmenu should be pedestrian ori- ented,encourage night and=daytime vse; provide the neighborhood with needed goods and services, contain a mix of land uses, and be designed to be compatible with the character of surrounding neighborhoods: Policy 3: Promoting. Neighborhood Services. Promote neighborhood-serving commercial development within one-quarter to one-half mile of established`transit routes and nodes. Policy 4: LinkingTransportation and.:Economic Development Encourage transportation improvements that facilitate economic development. Policy 5ainkingTransportation and Activities. Link transportation facilities and infrastructure improvements to recreational uses, job centers, commercial nodes, and social services '(i:e., hospitals, parks, or community centers). Specific Plan Specific plans are a useful zoning tool for imple- menting the'TOD-related policies and objectives pfthe general plan. A specific plan can provide detailed land use policies, development standards, ;and infrastructure requirements in the TOD area. For a further discussion of specific plans, see Chapter l O as wel~] :as the QPR publication: The Planners Guide to Specrfic Plans. Transit Vllage Plan The Transit Village Development Planning Act of 1994 (§65460, et seq.) authorizes cities and counties to prepare "transit village plans" to encouragern?ixed- use development in close vicinity to transit stations. Transit village plans occupy a niche similar to the com- munity plans;described in Chapter 1;. What distinguishes them is their pecific.role:in encouraging high>density pedestrian=oriented'development around transit stations. A transit. village plan .must `be consistent with the city or county .general plan (§65460.,8). The plan is adopted by resolution, ike fhe; general plan, and be- comes the policy foundation for. village.zoning provi- sions, public works projects, and future subdivision activity. To encourage pedestrian use, the entire village must be contained>withn a orie-quarter mile radius of a tran- sit,station. TlieAct,provides that a city or county adopt- ing a-plan will be eligible for state transportation funds but does not indicate that areas with such plans will receive priority funding. Transit villages may be ex- cluded from conformance with county. Congestion Management Plan 'level of service standards with the approval of the Congestion Management.Agency. Zoning . Transit-oriented,developmenf will typically involve changes in:zoning eitheras a separate~action or in con- junctionwith aspecific plan or a transit village plan. 'The purpose oftle rezoning is to specify uses and a]- .low the necessary density and building intensity for a successful TOD.'Zoning changes may take the form of a new zoning district or an overlay zone. Planned unit development±(PUD) zoning may also beused-far TOD. . Considerations for TOD ,zoning,:include mixed-use, minimum residential densities,.intensity ofcommercia] and office uses, appropriate automobile parking stan- dards, and. optimal building setbacks to create pedes- trian scale. General Plan Guidelines 3 I n I ecommendations for;Assernbly Bill 32: A Proposal for Sustainable Land'`fJse in California By; CurtJohansen July 7,.2008 Land use in. 'California for. decades has followed the path of least resistance, which has resulted in sprawling single-use development that causes longer commutes, congestion, air ,pollution, shrinking farmland inventories and exacerbates the overwhelmuzg demands- on local government budgets: Sprawling land use is currently recognized as being the .most " challenging dimension of transportation-related ._ greenhouse. gas .emissions which; when including oil refining and, drilling emissions, represent almost 50% of all. greenhouse gas emissions in California.. With. the ambitious goals "set under AB32 and `Executive Order 5-3=05 to reduce greenhouse .gases, a concerted effort must be made to organize the various interest groups and, find solutions that will result in better land. use acid dramatically lower vehicle miles travelled (VM'I~. This proposal attempts to suggest two complementary solutions to California's current land use dilemma. The first involves tailoring, ,the .California Environmental Quality Act to better suit.. our collective land use vision and a second that aims to implement sustainable development statewide as specified in the Governor's Office. of Plaiuing and Research Guidelines for the General. Plan process. It is this author s hope that these. proposals ,will be considered and acted' on seriously by anon-partisan commission. consisting of ;local government .representatives, regional planning body representatives, real estate debelopes; environmentalists. and' other land use: experts. Ultimately,. i~iportant land use legislation that levels the playing field for sustainable development while leaving land use decisions in the hands of local elected officials must be enacfed to fully deliver upon the promise and logical necessity of AB 32. Proliosal Solution No..1: New "Urban" and "Suburbari/Rural" CEOA Categories. California needs to streamline its land' use .decision-making process. so as to 'greenlight:; sustainable development projects that result in lower VMT and `redlight' sprawling`suburban development. projects that exacerbate congestion; air pollution, and municipal fiscal 'challenges. By tightening- up CEQA requirements for- sustainable develop~alent; expensive land entitlement challenges to. Environmental Impact Report certifications by special interest groups can better be avoided, thus facilitating visionary, forward-looking,. transit-oriented infill projects which,. under the current system,: -are often the ones that experience the costliest delays. The proposed C;EQA amendment will divide future sustainable development entitlements into two distinct categories for cities and counties that employ sustainable principles in their'General Plans. The first category would bean "Urban Environmental q~- mpact Report",which would be required for "all wand use development meeting minimum mixed. use densih~ requirements that occur within exist-ing city limits (not regttirzng annexation), and land,not. comprised of and State-mapped prime frr`mland and; l"and tha# is not currentlJ zoned' for c~gricitlture:" Minimum density requirements can vary from city to city, but a m;n;mu~n-State"startd`ard of 15 ..residential dwelling units per acre should be used as a. qualifier for the "Urban" category when housing;is,included in the project. The second category would be a "Suburban/Rural Environmental Impact Report," which would be required for all other land use projects not meeting the al?,ove Urban standard. Specific implementation policies. cart and should be defined by each city and county as they must retain broad cliscretion where land use entitlements are concerned. A sub-category of •an "Urban Environmental .Impact ..Report" would. then, be created within :CEQA for =aii Urban "Fully Qualifying Project." (FQP). This will facilitate streamlined envirortmental.review and' increased protection from referendum challenge for high-quality sustainable_ projects. An FQP will be one that fully mitigates all of .its environmental :impacts to insignificance. This can be .accomplished through" public/private partnering .including green infrastructure technologies and design expertise. As CEQA time; rm.oney, and litigation risk. represent a prime .and insurmountable cost obstacle for high quality, transit-oriented projects, offering an FQP option .for developers and cities; will. shift more opportunities for. investment to infilI projects. The following. guidelines are suggested for an Urban FQP: i. IVlixing_ Uses. 'E cientl~. =The FQP uses a Specifir,Plan approach to m;x;ng differing land. uses ,(residential, office, retail, ..hospitality, etc. -vertically or horizontally) within a project and parameters shauid be set for ratios that prevent token uses, added to a project. ii:~ Integrating-Mixed Incomes =The FQP integrates a locally reasonable percentage of affordable. housing with market rate units for qualified "moderate income" residents. (80% - 120% of Ml-II). In-lieu fees houl'd :not. be permitted -for such inclusionary units.. ... au, P_ ublic Transit Component. and Parking -The: FQP i within a 10 minute :convenient walk of public transit or provides its. own shuttle/circulator bus service to connect. to :public transit in an efficient; cost-effective, and safe manner,:irrevocably funded by the private end-users of the project. Parking limits are maximums (not,. as currently;, m;nimums)', and include shared, timed on-street parking for. all street level use ,(with. angled: par_1~ng, .street narrowing, traffic calming, etc.) and structured. above or below ground parking for all other uses. No surface parkng.l'ots are allowed:. ~ ~ 111is; should .have, the dual benefit. of increasing attractive alternatives to the automobile (and reduang .parking needs);while supplementing transiYridership because the private sector is paying-for the connecting private. transit. ~ The cost fo ahe end-user is not necessarily higher because. savings in reduced parking structures can be .passed along. A ,our energy costs now become. adjusted for the reality of increased demands the scarc-ty of supply and escalating. msts of production, public transit costs must continueto look q3 v. Community Outreach: -The FQP is .only eligible for entitlement following an extensive community outreach process, including monthly public forums. v.. Green Building - The. FQP attains LEEID (Leadership in Energy and Environmental .Design) Silver certification: or higher measurement on all constructed facilities. For cities and counties choosing to amend their General. Plans to promote.. sustainable. development-under `this program; -more stringent suburban/rural developmenf standard"s will apply. A "Suburban/Rural" designated E1R1and use application shall not be eligible fgr a CEQA sireau~liiurig process or greater protection from referendum'. "Suburbari/Rural" projects will. be-subject to all of the above. FQP requirements-plus the following additional CEQA requirement: Community Supported Agriculture on.Prime Farmland -Sustainable developnrient includes localizing food production through Community Supported.Agriculture (CSA) when prime or unique farmland or farmland of statewide importance is involved {as mapped by the California Departmenf of'Conservation). This would. occur of a ratio not-to-exceed 25 .new project.households per.new prgject~agricizltural acre preserved, permanentlysupported by aworkng CSA tied to project landowners and potentally'by surrounding bioregoriai consumers. Aa least 50% of any Suburban/Rural" classification project would result in open space, agriculture, or park uses. In all prime, statewide importance, and unique farmland projects; a minimum of 20%:of the land set aside for open space, parks; and :agriculture. must be reserved through: covenants in perpetuity and operated: fore-local agricultural purposes. Byway of example for prime farmland projects; on a project of I00 acres :in-size.a min;mu~ of 10 acres would be set aside for.f""arming purposes; 40 acres for parks and open spaces, and 250.households would~be permitted if the city imposed a density of 7 units per acre (e:g., 36 acres of_residential and I4 acres:of commercial/civic uses for jobs balance). CSA's would then be required to perfornr- ecosystem services thaf;would resultin lowered infrastructure costs for community residents. Proposah SolutionNo.2: City and County Susfainable Development General Plans The equally important. complementary action to be 'taken in. conjunction with the above mentioned: CEQA: amendment is support from the State of California to cities and counties that, update: their General Plans. and ancillary planning policies to encourage sustainable. development. This will be necessary to proceed with sustainable public more appealing' to commuters. All projects should also include an electric car-share program. for its residents and commercial workers and prioritize pedestrian and bicycle means of travel.. 9N „ . infrastructure development, as well as to prepare cities and counties for the CEQA incentives;hhatwdl be offered for all FQP projects. California City and County General Plans, follow Office of Planning and Research '(OFR) Guidelines provided to municipalities. The 2004 Guidelines currently include an entire chapter. on sustainable development and environmental justice (Chapter Two): If Sustainable Development were ta,become an "Incentivized Goals and Objectives ' option for cities and. counties as , ari amendment to their current General Plans, through direct financial or other material support frgm the State, any developer seeking to pursue an .unsustainable conventional project would be resigned to seek out fewer and fewer jurisdictions. during the coming decade, spedfically fihose that take longer to amend their General Plans: In time; hopefully, options for unsustainable development would be few'. Tlie cost of State reimbursements to cities .and counties that choose to pursue sustainable ;development might. be capped . at $1.0 million per city and county or the equivalent in other material incentives. Commencing in 2010, for example, only 50 cities/counties will be allowed to convert to a Sustainable General Plan annually, creating a sense of:urgency for those cities ready to make application. Forward-thinking cities and counties- understand that businesses •bringing well-paying jobs already look for areas that have a diversity of housing, place-based communities, and higher quality of life indicators for their workers: °Tn other words, areas that embrace sustainable development will benefit from the heightened interest levels of 21St century business leaders and the companies they5manage. Other forms of non-cash incentives can also be proposed by State budget officials to provide` equally helpful incentives to cities and counties. By creating General .Plan goals and policies that .support sustainable development, the net savings benefit to California taxpayers over. a 10-year span (to require all cities and counties to apply) will be exponentially greater in the form of reduced costs .for everything from pollution clean-up to reductions in roadway and levee repairs to healthier adults and children and less, hightivay congestion, air pollution and .greenhouse .gas emissions: Acost-benefit analysis will confirm these assumptions. These solutions, or~.eVen a close variation thereof, will.result in the gradual con-version of highway commercial developers into traditional., 1Vlain Street. developers :and tract pxoduction "Home bu~lckes `and. office park developers into sustainable, mixed use, transit-oriented developers.. ' 4Ve can still have 5b% of our housing needs met with suburban growtFi~ but it must become sustainable. The.Governor's Non-Partisan Commission on Sustainable Land Use Currently,; ;land use decision:making; in California. is in .the. hands of ,real estate developers. and local governments, with input from regional governments and special 4 ~~ nterests via. CEQA-mandated ET1Zs: Any of the propgsed modifications outlined above to~~CEQA or to OPIZ guid'e_line5 would require the,upfront support of a broad coalition of _. .. rear estate:,deveIopers; <I'oca'l ;government officials, regional government. representatives, envirgnnenfal groups, academies. in'the. area of land use and' transportation planning, and other land use experts. Wlile such a coalition may be precedent-setting, already coalitions involving many of these .groups have been created. Environmentalists are seeing the need for revisions to~ CEQA economic developers :see the need for more sustainable development; and- an overwhelming majority of academic experts believe that our current exacerbation of VMT through Euclidian land use practice has the potential to become catastrophic: Reducing VMT includes another quality-of-life benefit: it provides mote time for family members and friends to spend together, something California needs to reinforce the social contract with its citizens. The one area'wliere the California Air Resources Board has yet to fully realize the potential for significant greenhouse gas reductions island use, ,With the aggressive goals set by Govemo Schwarzenegger's Executive Order 5-3-05 to reduce greenhouse gas emissions to .1990 levels by 2020 and then, in 2050, to reduce them. to SO°1o below 1990s levels, land use and, thus;. transportation patterns will lave to change to realize these ambitious goals: Given'tl'at these goals have been set by. the Governor's order, it seems appropriate: that anon-partisan Commission on Sustainable Land Use be under the auspices of the Governor s office. 5 ab