HomeMy WebLinkAbout7/16/2018 Item 2, Cooper (3)
Goodwin, Heather
From:Cohen, Rachel
Sent:Monday, July 16, 2018 9:20 AM
To:Advisory Bodies
Subject:FW: 790 East Foothill Boulevard
Attachments:ab_2419.pdf; 8612-8624.pdf
Please post as agenda correspondence for ARC Item #2.
Rachel Cohen
Associate Planner
Community Development
919 Palm Street, San Luis Obispo, CA 93401-3218
E rcohen@slocity.org
T 805.781.7574
slocity.org
From: Ansolabehere, Jon
Sent: Monday, July 16, 2018 9:08 AM
To: Allan Cooper <allancoope@gmail.com>
Cc: Cohen, Rachel <rcohen@slocity.org>
Subject: RE: 790 East Foothill Boulevard
Allan,
I followed up on your e-mail below. The code you cite to in your letter is the State Density Bonus law (Gov.
Code section 65915) which is NOT the same section in the link. Gov. Code section 65589.5 is the Housing
Accountability Act which does include the reference to a Congestion Management Plan (CMP). In 1997, the
City elected to exempt itself from the CMP requirements of Gov. Code sections 65088, et seq. – see attached
Resolution and highlight in AB 2419. Jon
From: Allan Cooper <
Sent: Thursday, July 12, 2018 8:05 PM
To: Ansolabehere, Jon <JAnsolabehere@slocity.org>
Subject: Re: 790 East Foothill Boulevard
Dear Jon -
Please refer to the following
link: https://leginfo.legislature.ca.gov/faces/codes_display
Section.xhtml?lawCode=GOV§ionNum=65589.5
- Allan
1
On Thu, Jul 12, 2018 at 3:50 PM, Ansolabehere, Jon <JAnsolabehere@slocity.org> wrote:
Allan,
I briefly started scanning your letter, particularly the paragraph copied and pasted below:
I don’t see anywhere in the Density Bonus Law, Gov. Code section 65915 which you cite at the beginning of
your paragraph, which includes the reference you are quoting. Can you clarify? Am I missing something? I
actually don’t see the words “congestion management” anywhere in section 65915. Thanks, Jon
From: Allan Cooper <
Sent: Thursday, July 12, 2018 3:33 PM
To: Cohen, Rachel <rcohen@slocity.org>; Advisory Bodies <advisorybodies@slocity.org>; E-mail Council Website
<emailcouncil@slocity.org>; CityClerk <CityClerk@slocity.org>
Subject: 790 East Foothill Boulevard
Dear Rachel -
2
Would you kindly forward the letter below to the
Architectural Review Commission before their Monday
meeting? Thanks!
- Allan
3
i 1
RESOLUTION NO. 8618 (1997 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING EXEMPTION FROM THE CONGESTION MANAGEMENT PROGRAM
WHEREAS, AB 2419 (Bowler) amends existing statutes to not require the incorporation of
the congestion management program (CMP) into the regional transportation improvement program in
those counties that do not elect to prepare and maintain a congestion management program; and
WHEREAS, AB 2419 deletes the trip reduction element requirement for the CMP; and
WHEREAS, AB 2419 makes the requirements inapplicable in a county in which a majority of
the cities, with a majority of the population within incorporated areas, and the County Board of
Supervisors adopt resolutions electing to be exempt from the congestion management program; and
WHEREAS, the Ten Year Capital Improvement Program (CIP) required under the CMP
largely duplicates the other capital improvement programs that are prepared such as the State
Transportation Improvement Program (STEP), the Federal Transportation Improvement Program, the
Capital Improvement Programs (CIP) in the Regional Transportation Plan (RTP), and the CIP's in
Transit Plans; and
WHEREAS, the CMP law requires annual compilation and reporting of all land use and
development activity and the conformity process required the Congestion Management Agency to
determine member agency compliance with congestion management efforts and may require remedial
measures and possible withholding of funds; and
WHEREAS, the level -of- service performance standards can be handled in. a manner that gives
greater flexibility to local ag
and
encies through the regional transportation planning programming process;
WHEREAS, evaluation of all major state highway and regional routes of significance in
ongoing monitoring programs and integration of the findings and recommendations into the RTP
update process can be used to address concerns; and
WHEREAS, local agencies can continue efforts to facilitate reductions in traffic congestion
and develop integrated transportation systems and should continue to include congestion mitigation
concepts in their land use and circulation elements and ordinances.
R -8618
r
Resolution No. 8618'=` '
Page Two
NOW THEREFORE BE TT RESOLVED AND ORDERED THAT, the City of San Luis Obispo
hereby elects to be exempt from the congestion management program; and
BE IT FURTHER RESOLVED AND ORDRED THAT, the City of San Luis Obispo will
cooperate and work closely with efforts to reduce congestion within the region..
On motion by Council Member Smith seconded by Council Member Romero
and on the following roll call vote, to wit:
AYES: Council Members Smith, Romero, Roalman, Williams and Mayor Settle
NOES: None
ABSENT: None
ABSTAIN:
the foregoing resolution is hereby adopted on this
G:\pworks\ab2419.res
7th dry of January 1997.
i
i
yor en.K. Settle
i
BILL NUMBER: AB 2419 CHAPTERED
BILL TEXT
CHAPTER 293
FILED WITH SECRETARY OF STATE JULY 25, 1996
APPROVED BY GOVERNOR JULY 25, 1996
PASSED THE SENATE JULY 11, 1996
PASSED THE ASSEMBLY MAY 29, 1996
AMENDED IN ASSEMBLY MAY 23, 1996
AMENDED IN ASSEMBLY APRIL 23, 1996
AMENDED IN ASSEMBLY APRIL 11, 1996
INTRODUCED BY Assembly Member Bowler
FEBRUARY 20, 1996
An act to amend Sections 65082, 65089, and 65089.3 of, and add
Section 65088.3 to, the Government Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2419, Bowler. Transportation: congestion management programs.
(1) Existing law requires the development, adoption, and updating
of a congestion management program for each county that includes an
urbanized area. Existing law requires congestion management programs
to be incorporated into the regional transportation improvement
program by December 15 of each odd-numbered year.
This bill would provide that this incorporation requirement does
not apply in those counties that do not prepare a congestion
management program in accordance with existing law.
(2) Under existing law, a congestion management program is
required to contain specified elements.
This bill would delete the trip reduction element and would make
corresponding changes.
(3) Under existing law, a congestion management program is
required to be developed for specified counties and include every
city and the county. The program is required to be developed and
adopted by the county transportation commission or by another public
agency designated by the county board of supervisors and the city
councils of a majority of cities representing a majority of the
population in the incorporated area of the county.
This bill would make those requirements inapplicable in a county
in which a majority of local governments, collectively comprised of
the city councils and the county board of supervisors which, in
total, represent a majority of the population of the county, adopt
resolutions electing to be exempt from the congestion management
program.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65082 of the Government Code is amended to
read:
65082. (a) A seven-year regional transportation improvement
program shall be prepared, adopted, and submitted to the California
http://www.leginfo.ca.gov/pub/95-96/bill/asm/ab_2401-2450/ab_2419_bill_960725_chaptered.html
Transportation Commission on or before December 15 of each
odd-numbered year, updated every two years, pursuant to Sections
65080 and 65080.5 and the guidelines adopted pursuant to Section
14530.1, to include projects and programs proposed to be funded, in
whole or in part, by funds which are any of the following:
(1) For flexible congestion relief projects, as defined in Section
164.2 of the Streets and Highways Code.
(2) For urban rail transit and commuter rail projects.
Major projects shall include an escalated current cost updated to
at least November 1 of the year of submittal, and be listed by
relative priority, taking into account need, delivery milestone
dates, as defined in Section 14525.5, and the availability of
funding.
(b) Congestion management programs adopted pursuant to Section
65089 shall be incorporated into the regional transportation
improvement program submitted to the commission by December 15 of
each odd-numbered year.
(c) The incorporation of the congestion management program into
the regional transportation improvement program required to be
submitted to the commission by December 1, 1991, may be delayed for a
period not to exceed one year if an environmental impact report is
required to be prepared for the congestion management program
pursuant to Division 13 (commencing with Section 21000) of the Public
Resources Code, and the following conditions are met:
(1) The agency, as defined by Section 65088.1, adopts written
findings that the congestion management program cannot be
incorporated into the regional transportation improvement program by
December 1, 1991, due to the time required to prepare an
environmental impact report pursuant to Division 13 (commencing with
Section 21000) of the Public Resources Code.
(2) The agency adopts a schedule for development of the congestion
management program that will result in its adoption no later than
December 1, 1992, and submits a report to the Legislature by July 1,
1992, on the progress of complying with this section.
(3) The agency, county, and cities take every action necessary to
assure the congestion management program will be adopted by December
1, 1992.
(d) If the incorporation of the congestion management program into
the regional transportation improvement program is delayed pursuant
to subdivision (c), both of the following shall apply:
(1) Any project included in the state transportation improvement
program or the traffic systems management program prior to December
1, 1992, which is otherwise required to be included in the congestion
management program, pursuant to subdivision (e), but which is not
included in the congestion management program to be incorporated into
the regional transportation improvement program pursuant to
subdivision (b), shall be deleted from the state transportation
improvement program or the traffic systems management program.
(2) Local projects which are otherwise required to be included in
the congestion management program, pursuant to subdivision (e), may
be included in the regional transportation improvement program to be
submitted to the California Transportation Commission by December 1,
1991. Any local project which is included in the regional
transportation improvement program after December 1, 1991, but prior
to December 1, 1992, which is otherwise required to be included in
the congestion management program, but which is not included in the
congestion management program to be incorporated into the regional
transportation improvement program pursuant to subdivision (b), shall
be deleted from the regional transportation improvement program.
(e) Local projects not included in a congestion management program
http://www.leginfo.ca.gov/pub/95-96/bill/asm/ab_2401-2450/ab_2419_bill_960725_chaptered.html
shall not be included in the regional transportation improvement
program. Projects and programs adopted pursuant to subdivision (a)
shall be consistent with the seven-year capital improvement program
adopted pursuant to paragraph (5) of subdivision (b) of Section
65089, and the guidelines adopted pursuant to Section 14530.1.
(f) Other projects may be included in the regional transportation
improvement program if listed separately.
(g) Unless a county not containing urbanized areas of over 50,000
population notifies the Department of Transportation by July 1 that
it intends to prepare a regional transportation improvement program
for that county, the department shall, in consultation with the
affected local agencies, prepare the program for all counties for
which it prepares a regional transportation plan.
(h) The regional transportation improvement program may not change
the project delivery milestone date of any state project as shown in
the prior adopted state transportation program without the consent
of the department or other agency responsible for the project
delivery.
(i) The requirements for incorporating a congestion management
program into a regional transportation improvement program specified
in this section do not apply in those counties that do not prepare a
congestion management program in accordance with Section 65088.3.
SEC. 2. Section 65089 of the Government Code is amended to read:
65089. (a) A congestion management program shall be developed,
adopted, and updated biennially, consistent with the schedule for
adopting and updating the regional transportation improvement
program, for every county that includes an urbanized area, and shall
include every city and the county. The program shall be adopted at a
noticed public hearing of the agency. The program shall be
developed in consultation with, and with the cooperation of, the
transportation planning agency, regional transportation providers,
local governments, the department, and the air pollution control
district or the air quality management district, either by the county
transportation commission, or by another public agency, as
designated by resolutions adopted by the county board of supervisors
and the city councils of a majority of the cities representing a
majority of the population in the incorporated area of the county.
(b) The program shall contain all of the following elements:
(1) (A) Traffic level of service standards established for a
system of highways and roadways designated by the agency. The
highway and roadway system shall include at a minimum all state
highways and principal arterials. No highway or roadway designated
as a part of the system shall be removed from the system. All new
state highways and principal arterials shall be designated as part of
the system. Level of service (LOS) shall be measured by Circular
212, by the most recent version of the Highway Capacity Manual, or by
a uniform methodology adopted by the agency that is consistent with
the Highway Capacity Manual. The determination as to whether an
alternative method is consistent with the Highway Capacity Manual
shall be made by the regional agency, except that the department
instead shall make this determination if either (i) the regional
agency is also the agency, as those terms are defined in Section
65088.1, or (ii) the department is responsible for preparing the
regional transportation improvement plan for the county.
(B) In no case shall the LOS standards established be below the
level of service E or the current level, whichever is farthest from
level of service A. When the level of service on a segment or at an
intersection fails to attain the established level of service
standard, a deficiency plan shall be adopted pursuant to Section
65089.4.
http://www.leginfo.ca.gov/pub/95-96/bill/asm/ab_2401-2450/ab_2419_bill_960725_chaptered.html
(2) A performance element that includes performance measures to
evaluate current and future multimodal system performance for the
movement of people and goods. At a minimum, these performance
measures shall incorporate highway and roadway system performance,
and measures established for the frequency and routing of public
transit, and for the coordination of transit service provided by
separate operators. These performance measures shall support
mobility, air quality, land use, and economic objectives, and shall
be used in the development of the capital improvement program
required pursuant to paragraph (5), deficiency plans required
pursuant to Section 65089.4, and the land use analysis program
required pursuant to paragraph (4).
(3) A travel demand element that promotes alternative
transportation methods, including, but not limited to, carpools,
vanpools, transit, bicycles, and park-and-ride lots; improvements in
the balance between jobs and housing; and other strategies,
including, but not limited to, flexible work hours, telecommuting,
and parking management programs. The agency shall consider parking
cash-out programs during the development and update of the travel
demand element.
(4) A program to analyze the impacts of land use decisions made by
local jurisdictions on regional transportation systems, including an
estimate of the costs associated with mitigating those impacts.
This program shall measure, to the extent possible, the impact to the
transportation system using the performance measures described in
paragraph (2). In no case shall the program include an estimate of
the costs of mitigating the impacts of interregional travel. The
program shall provide credit for local public and private
contributions to improvements to regional transportation systems.
However, in the case of toll road facilities, credit shall only be
allowed for local public and private contributions which are
unreimbursed from toll revenues or other state or federal sources.
The agency shall calculate the amount of the credit to be provided.
The program defined under this section may require implementation
through the requirements and analysis of the California Environmental
Quality Act, in order to avoid duplication.
(5) A seven-year capital improvement program, developed using the
performance measures described in paragraph (2) to determine
effective projects that maintain or improve the performance of the
multimodal system for the movement of people and goods, to mitigate
regional transportation impacts identified pursuant to paragraph (4).
The program shall conform to transportation-related vehicle
emission air quality mitigation measures, and include any project
that will increase the capacity of the multimodal system. It is the
intent of the Legislature that, when roadway projects are identified
in the program, consideration be given for maintaining bicycle access
and safety at a level comparable to that which existed prior to the
improvement or alternation. The capital improvement program may also
include safety, maintenance, and rehabilitation projects that do not
enhance the capacity of the system but are necessary to preserve the
investment in existing facilities.
(c) The agency, in consultation with the regional agency, cities,
and the county, shall develop a uniform data base on traffic impacts
for use in a countywide transportation computer model and shall
approve transportation computer models of specific areas within the
county that will be used by local jurisdictions to determine the
quantitative impacts of development on the circulation system that
are based on the countywide model and standardized modeling
assumptions and conventions. The computer models shall be consistent
with the modeling methodology adopted by the regional planning
http://www.leginfo.ca.gov/pub/95-96/bill/asm/ab_2401-2450/ab_2419_bill_960725_chaptered.html
agency. The data bases used in the models shall be consistent with
the data bases used by the regional planning agency. Where the
regional agency has jurisdiction over two or more counties, the data
bases used by the agency shall be consistent with the data bases used
by the regional agency.
(d) (1) The city or county in which a commercial development will
implement a parking cash-out program that is included in a congestion
management program pursuant to subdivision (b), or in a deficiency
plan pursuant to Section 65089.4, shall grant to that development an
appropriate reduction in the parking requirements otherwise in effect
for new commercial development.
(2) At the request of an existing commercial development that has
implemented a parking cash-out program, the city or county shall
grant an appropriate reduction in the parking requirements otherwise
applicable based on the demonstrated reduced need for parking, and
the space no longer needed for parking purposes may be used for other
appropriate purposes.
(e) Pursuant to the federal Intermodal Surface Transportation
Efficiency Act of 1991 and regulations adopted pursuant to the act,
the department shall submit a request to the Federal Highway
Administration Division Administrator to accept the congestion
management program in lieu of development of a new congestion
management system otherwise required by the act.
SEC. 3. Section 65089.3 of the Government Code is amended to read:
65089.3. The agency shall monitor the implementation of all
elements of the congestion management program. The department is
responsible for data collection and analysis on state highways,
unless the agency designates that responsibility to another entity.
The agency may also assign data collection and analysis
responsibilities to other owners and operators of facilities or
services if the responsibilities are specified in its adopted
program. The agency shall consult with the department and other
affected owners and operators in developing data collection and
analysis procedures and schedules prior to program adoption. At
least biennially, the agency shall determine if the county and cities
are conforming to the congestion management program, including, but
not limited to, all of the following:
(a) Consistency with levels of service standards, except as
provided in Section 65089.4.
(b) Adoption and implementation of a program to analyze the
impacts of land use decisions, including the estimate of the costs
associated with mitigating these impacts.
(c) Adoption and implementation of a deficiency plan pursuant to
Section 65089.4 when highway and roadway level of service standards
are not maintained on portions of the designated system.
SEC. 4. Section 65088.3 is added to the Government Code, to read:
65088.3. This chapter does not apply in a county in which a
majority of local governments, collectively comprised of the city
councils and the county board of supervisors, which in total also
represent a majority of the population in the county, each adopt
resolutions electing to be exempt from the congestion management
program.
http://www.leginfo.ca.gov/pub/95-96/bill/asm/ab_2401-2450/ab_2419_bill_960725_chaptered.html