California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Appendix M - Performance Standards for Infill Projects Eligible for Streamlined Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
I. Introduction
Section
				  15183.3 provides a streamlined
				  review process for infill projects that satisfy specified performance
				  standards. This appendix contains those performance standards. The lead
				  agency's determination that the project satisfies the performance standards
				  shall be supported with substantial evidence, which should be documented on the
				  Infill Checklist in Appendix N. Section II defines terms used in this Appendix.
				  Performance standards that apply to all project types are set forth in Section
				  III. Section IV contains performance standards that apply to particular project
				  types (i.e., residential, commercial/retail, office building, transit stations,
				  and schools).
II. Definitions
The following definitions apply to the terms used in this
				  Appendix.
"High-quality transit corridor" means an existing corridor
				  with fixed route bus service with service intervals no longer than 15 minutes
				  during peak commute hours. For the purposes of this Appendix, an "existing stop
				  along a high-quality transit corridor" may include a planned and funded stop
				  that is included in an adopted regional transportation improvement
				  program.
Unless more specifically defined by an air district, city or
				  county, "high-volume roadway" means freeways, highways, urban roads with
				  100,000 vehicles per day, or rural roads with 50,000 vehicles per day.
"Low vehicle travel area" means a traffic analysis zone that
				  exhibits a below average existing level of travel as determined using a
				  regional travel demand model. For residential projects, travel refers to either
				  home-based or household vehicle miles traveled per capita. For commercial and
				  retail projects, travel refers to non-work attraction trip length; however,
				  where such data are not available, commercial projects reference either
				  home-based or household vehicle miles traveled per capita. For office projects,
				  travel refers to commute attraction vehicle miles traveled per employee;
				  however, where such data are not available, office projects reference either
				  home-based or household vehicle miles traveled per capita.
"Major Transit Stop" means a site containing an existing rail
				  transit station, a ferry terminal served by either a bus or rail transit
				  service, or the intersection of two or more major bus routes with frequencies
				  of service intervals of 15 minutes or less during the morning and afternoon
				  peak commute periods. For the purposes of this Appendix, an "existing major
				  transit stop" may include a planned and funded stop that is included in an
				  adopted regional transportation improvement program.
"Office building" generally refers to centers for
				  governmental or professional services; however, the lead agency shall have
				  discretion in determining whether a project is "commercial" or "office
				  building" for the purposes of this Appendix based on local zoning codes.
"Significant sources of air pollution" include airports,
				  marine ports, rail yards and distribution centers that receive more than 100
				  heavy-duty truck visits per day, as well as stationary sources that are
				  designated major by the Clean Air Act.
A "Traffic Analysis Zone" is an analytical unit used by a
				  travel demand model to estimate vehicle travel within a region.
III. Performance Standards Related to Project Design
To be eligible for streamlining pursuant to Section
				  15183.3, a project must implement
				  all of the following:
Renewable Energy. All non-residential projects shall include
				  on-site renewable power generation, such as solar photovoltaic, solar thermal
				  and wind power generation, or clean back-up power supplies, where feasible.
				  Residential projects are also encouraged to include such on-site renewable
				  power generation.
Soil and Water Remediation. If the project site is included
				  on any list compiled pursuant to Section
				  65962.5 of
				  the Government Code, the project shall document how it has remediated the site,
				  if remediation is completed. Alternatively, the project shall implement the
				  recommendations provided in a preliminary endangerment assessment or comparable
				  document that identifies remediation appropriate for the site.
Residential Units Near High-Volume Roadways and Stationary
				  Sources. If a project includes residential units located within 500 feet, or
				  other distance determined to be appropriate by the local agency or air district
				  based on local conditions, of a high volume roadway or other significant
				  sources of air pollution, the project shall comply with any policies and
				  standards identified in the local general plan, specific plan, zoning code or
				  community risk reduction plan for the protection of public health from such
				  sources of air pollution. If the local government has not adopted such plans or
				  policies, the project shall include measures, such as enhanced air filtration
				  and project design, that the lead agency finds, based on substantial evidence,
				  will promote the protection of public health from sources of air pollution.
				  Those measure may include, among others, the recommendations of the California
				  Air Resources Board, air districts, and the California Air Pollution Control
				  Officers Association.
IV. Additional Performance Standards by Project Type
In addition to the project features described above in
				  Section III, specific eligibility requirements are provided below by project
				  type.
Several of the performance standards below refer to "low
				  vehicle travel areas". Such areas can be illustrated on maps based on data
				  developed by the regional Metropolitan Planning Organization (MPO) using its
				  regional travel demand model.
Several of the performance standards below refer to distance
				  to transit. Distance should be calculated so that at least 75 percent of the
				  surface area of the project site is within the specified distance.
A. Residential
To be eligible for streamlining pursuant to Section
				  15183.3, a project must satisfy
				  one of the following:
Projects achieving below average regional per capita vehicle
				  miles traveled (VMT). A residential project is eligible if it is located in a
				  "low vehicle travel area" within the region.
Projects located within ½ mile of an Existing Major
				  Transit Stop or High Quality Transit Corridor. A residential project is
				  eligible if it is located within ½ mile of an existing major transit
				  stop or an existing stop along a high quality transit corridor.
Low-Income Housing. A residential or mixed-use project
				  consisting of 300 or fewer residential units all of which are affordable to low
				  income households is eligible if the developer of the development project
				  provides sufficient legal commitments to the lead agency to ensure the
				  continued availability and use of the housing units for lower income
				  households, as defined in Section
				  50079.5
				  of the Health and Safety Code, for a period of at least 30 years, at monthly
				  housing costs, as determined pursuant to Section
				  50053
				  of the Health and Safety Code.
B. Commercial/Retail
To be eligible for streamlining pursuant to Section
				  15183.3, a project must satisfy
				  one of the following:
Regional Location. A commercial project with no
				  single-building floor-plate greater than 50,000 square feet is eligible if it
				  locates in a "low vehicle travel area."
Proximity to Households. A project with no single-building
				  floor-plate greater than 50,000 square feet located within one-half mile of
				  1800 households is eligible.
C. Office Building
To be eligible for streamlining pursuant to Section
				  15183.3, a project must satisfy
				  one of the following:
Regional Location. Office buildings, both commercial and
				  public, are eligible if they locate in a low vehicle travel area.
Proximity to a Major Transit Stop. Office buildings, both
				  commercial and public, within ½ mile of an existing major transit stop,
				  or 1/4 mile of an existing stop along a high quality transit corridor, are
				  eligible.
D. Transit
Transit stations, as defined in Section
				  15183.3(e)(1),
				  are eligible.
E. Schools
Elementary schools within one mile of fifty percent of the
				  projected student population are eligible. Middle schools and high schools
				  within two miles of fifty percent of the projected student population are
				  eligible. Alternatively, any school within ½ mile of an existing major
				  transit stop or an existing stop along a high quality transit corridor is
				  eligible.
Additionally, in order to be eligible, all schools shall
				  provide parking and storage for bicycles and scooters and shall comply with the
				  requirements in Sections
				  17213,
				  17213.1 and
				  17213.2 of
				  the California Education Code.
F. Small Walkable Community Projects
Small walkable community projects, as defined in Section
				  15183.3, subdivision (e)(6), that
				  implement the project features described in Section III above are
				  eligible.
G. Mixed-Use Projects
Where a project includes some combination of residential,
				  commercial and retail, office building, transit station, and/or schools, the
				  performance standards in this Section that apply to the predominant use shall
				  govern the entire project.
1. New
				  Appendix M filed 2-14-2013; operative 2-14-2013 pursuant to Government Code
				  section
				  11343.4(b)(3)
				  (Register 2013, No. 7).
2. Amendment of sections IV -- A, C and E
				  filed 12-28-2018; operative 12-28-2018 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2018, No. 52).
Note: Authority cited: Sections
					 21083
					 and
					 21094.5.5,
					 Public Resources Code. Reference: Sections
					 21094.5
					 and
					 21094.5.5,
					 Public Resources Code.