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2020-06-18 Planning Commission Agenda Pkt 06-23-201 Nichole Romane From:Carlos Flores Sent:Thursday, June 18, 2020 5:35 PM To:Bradon Welker;pat@mlalandscape.com;Adam Ford Subject:FW: Planning Commission Agenda Packet - June 23, 2020 Attachments:PC PACKET 06.23.20.pdf Hello, Please find attached the packet for Tuesday’s Planning Commission meeting,which will begin at 5:00 pm.Participation in the meeting will occur via telephone,with participants being able to call in as needed.Regards, Carlos Flores Senior Planner Design and Development City of La Quinta 78495 Calle Tampico La Quinta,CA 92253 Ph.760.777.7069 www.laquintaca.gov PLANNING COMMISSION AGENDA 1 JUNE 23, 2020 PLANNING COMMISSION AGENDA CITY HALL COUNCIL CHAMBER 78-495 Calle Tampico, La Quinta REGULAR MEETING on TUESDAY, JUNE 23, 2020 AT 5:00 P.M. SPECIAL NOTICE Teleconferencing and Telephonic Accessibility In Effect Pursuant to Executive Orders N-25-20, N-29-20, N-33-20, and N-35-20, executed by the Governor of California in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.), members of the Planning Commission, the City Attorney, City Staff, and City Consultants may participate in this meeting by teleconference. Additionally, pursuant to the above-referenced executive orders, the public is not permitted to physically attend at City Hall the meeting to which this agenda applies, but any member of the public may listen or participate in the open session of this meeting as specified below. Members of the public wanting to listen to this meeting may do so by tuning-in live via http://laquinta.12milesout.com/video/live. Members of the public wanting to address the Planning Commission, either for public comment or for a specific agenda item, or both, are requested to send an email notification to the Planning Commission Secretary Wanda Wise-Latta at WLatta@LaQuintaCA.Gov , and specify the following information: 1) Full Name 4) Public Comment or Agenda Item Number 2) City of Residence 5) Subject 3) Phone Number 6) Written or Verbal Comments The email “subject line” must clearly state “Written Comments” or “Verbal Comments.” Planning Commission agendas and staff reports are now available on the City’s web page: www.LaQuintaCA.Gov PLANNING COMMISSION AGENDA 2 JUNE 23, 2020 Verbal public comments – requests to speak must be emailed to the Commission Secretary no later than 4:00 p.m. on the day of the meeting; the City will facilitate the ability for a member of the public to be audible to the Planning Commission and general public for the item(s) by contacting him/her via phone and queuing him/her to speak during the discussion. Only one person at a time may speak by telephone and only after being recognized by the Planning Commission’s Chairperson. Written public comments, received prior to the adjournment of the meeting, will be distributed to the Planning Commission, incorporated into the agenda packet and public record of the meeting, and will not be read during the meeting unless, upon the request of the Planning Commission Chairperson, a brief summary of any public comment is asked to be read, to the extent the Commission Secretary can accommodate such request. It would be appreciated that any email communications for public comments related to the items on the agenda, or for general public comment, are provided to the Design and Development Department at the email address listed above prior to the commencement of the meeting. If that is not possible, and to accommodate public comments on items that may be added to the agenda after its initial posting or items that are on the agenda, every effort will be made to attempt to review emails received by the Design and Development Department during the course of the meeting. The Planning Commission’s Chairperson will endeavor to take a brief pause before action is taken on any agenda item to allow the Commission Secretary to review emails and share any public comments received during the meeting. All emails received by the Commission Secretary, at the email address above, until the adjournment of the meeting, will be included within the public record relating to the meeting. CALL TO ORDER ROLL CALL: Commissioners Bettencourt, Currie, Libolt Varner, McCune, Nieto, Proctor and Chairperson Caldwell PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the Planning Commission on any matter not listed on the agenda. Please email “Written Public Comments” to WLatta@LaQuintaCA.Gov and limit your comments to three (3) minutes approximately 350 words). The Commission values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act Government Code Section 54654.2(b)]. PLANNING COMMISSION AGENDA 3 JUNE 23, 2020 CONFIRMATION OF AGENDA ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS - None CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. 1. APPROVE MINUTES OF MAY 26, 2020 Declarations regarding Public Contacts BUSINESS SESSION 1. ADOPT A RESOLUTION TO APPROVE FINAL LANDSCAPE PLAN 2020-0002 FOR THE RESIDENCE INN. APPLICANT: PORTER BROTHERS. CEQA: PROJECT WAS PREVIOUSLY REVIEWED UNDER ENVIRONMENTAL ASSESSMENT 2018-0005 AND IS CONSISTENT WITH THE ANALYSIS PREVIOUSLY APPROVED AND DETERMINED NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED. LOCATION: 79675 HIGHWAY 111 [RESOLUTION NO. 2020-004] 2. ADOPT A RESOLUTION TO APPROVE MINOR USE PERMIT 2020-0002 FOR MECHANICAL EQUIPMENT WITHIN A SIDE YARD SETBACK. APPLICANT: PAUL VOTTA. CEQA: THE DESIGN & DEVELOPMENT DEPARTMENT REVIEWED THE PROJECT IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND DETERMINED THAT THE PROJECT IS CATEGORICALLY EXEMPT UNDER CEQA GUIDELINES 15301, MINOR ALTERATIONS TO EXISTING FACILITIES. LOCATION: 54927 WINGED FOOT [RESOLUTION NO. 2020-005] STUDY SESSION - NONE PUBLIC HEARINGS 1. ADOPT A RESOLUTION APPROVING A VEHICLE MILES TRAVELED ANALYSIS POLICY IN COMPLIANCE WITH STATE SENATE BILL 743. CEQA: EXEMPT PURSUANT TO SECTION 15061 (b)(3) REVIEW FOR EXEMPTIONS – COMMON SENSE RULE [RESOLUTION NO. 2020-006] REPORTS AND INFORMATIONAL ITEMS - None COMMISSIONERS’ ITEMS STAFF ITEMS 1. PROJECTS UPDATE ADJOURNMENT PLANNING COMMISSION AGENDA 4 JUNE 23, 2020 The next regular meeting of the Planning Commission will be held on July 14, 2020, commencing at 5:00 p.m. with the Call to Order, at the City Hall Council Chamber, 78-495 Calle Tampico, La Quinta, California. DECLARATION OF POSTING I, Wanda Wise-Latta, Commission Secretary, do hereby declare June 23, 2020 was posted on the City’s website, near the entrance to the Council Chamber at 78-495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78- 630 Highway 111, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on June 18, 2020. DATED: June 18, 2020 WANDA WISE-LATTA, Commission Secretary City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the Planning Division of the Design and Development Department at 777-7118, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Commission, arrangements should be made in advance by contacting the Planning Division of the Design and Development Department at 777- 7118. A one (1) week notice is required. If background material is to be presented to the Commission during a Planning Commission meeting, please be advised that ten (10) copies of all documents, exhibits, etc., must be supplied to the Executive Assistant for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the Commission regarding any item(s) on this agenda will be made available for public inspection at the Design and Development Department’s counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. PLANNING COMMISSION MINUTES 1 MAY 26, 2020 PLANNING COMMISSION MINUTES TUESDAY, MAY 26, 2020 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 6:00 p.m. by Chairperson Caldwell. This meeting was held by teleconference pursuant to Executive Orders N-25-20, N- 29-20, N-33-20, and N-35-20, executed by the Governor of California in response to the state of emergency relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or waiving specified provisions of the Ralph M. Brown Act (Government Code § 54950 et seq.). PRESENT: Commissioners Bettencourt, Currie, McCune, Nieto, Proctor and Chairperson Caldwell ABSENT: Commissioner Libolt Varner STAFF PRESENT: Design & Development Director Danny Castro, Planning Manager Cheri L. Flores, Senior Planner Carlos Flores, Associate Planner Siji Fernandez, Consulting Planner Nicole Sauviat Criste, Public Works Director/City Engineer Bryan McKinney, Building Official Anthony Ortega and Commission Secretary Wanda Wise-Latta PLEDGE OF ALLEGIANCE Chairperson Caldwell led the Planning Commission (Commission) in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA There were no requests to speak under the ‘Public Comment on Matters Not on the Agenda’ section of the meeting and Staff will continue to monitor emails should written comments or requests for verbal comments be received. CONFIRMATION OF AGENDA MOTION – A motion was made and seconded by Commissioners Bettencourt/Proctor to approve the Consent Calendar as submitted. AYES: Commissioners Bettencourt, Currie, McCune, Nieto, Proctor and Chairperson Caldwell. NOES: None. ABSENT: Commissioner Libolt Varner. ABSTAIN: None. Motion passed. CONSENT CALENDAR ITEM NO. 1 PLANNING COMMISSION MINUTES 2 MAY 26, 2020 ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATION 1. SILVERROCK MODIFICATIONS BY APPLICANT (MBA2020-0005 AND -0006) Consulting Planner Criste presented the staff report which is on file in the Design and Development Department. Staff responded to the Commission’s inquiries and comments regarding the number of modifications by applicant allowed under the Municipal Code; and shared factors that might result in plan changes. Commissioners shared their thoughts regarding the substance of the modifications and felt those modifications were significant. PUBLIC SPEAKER: Mr. John Gamlin, The Robert Green Company – introduced himself and continued the presentation. Commissioners thanked Mr. Gamlin for the presentation and shared their comments and inquiries regarding the project. Mr. Gamlin and staff clarified for the Commission that the red-line drawings on the attachments were the SDP-approved profile; explained the rooftop elements on the Pendry elevations; and spoke about the height of Pendry and its visibility from Jefferson Street or from Avenue 52. Mr. Gamlin appreciated a Commissioner’s comments about the site’s condition particularly regarding the perimeter fencing and weed control. Commissioners shared their thoughts regarding staff’s administrative authority in making their determination given the documentation that was provided; the pool re-design; and the legibility of the staff report attachments. Staff noted that should the Commission desire additional information regarding an item on a Commission agenda, staff would be happy to provide the information. CONSENT CALENDAR 1. APPROVAL OF MINUTES DATED MAY 12, 2020 MOTION – A motion was made and seconded by Commissioners Currie/Bettencourt to approve the Consent Calendar as submitted. AYES: Commissioners Bettencourt, Currie, McCune, Nieto, Proctor and Chairperson Caldwell. NOES: None. ABSENT: Commissioner Libolt Varner. ABSTAIN: None. Motion passed. BUSINESS SESSION – None PLANNING COMMISSION MINUTES 3 MAY 26, 2020 STUDY SESSION 1. REVIEW OF RECREATIONAL VEHICLE PARKING IN COVE RESIDENTIAL DISTRICT Senior Planner Flores presented the staff report which is on file in the Design and Development Department. Staff responded to Commission inquiries and comments regarding recreational vehicle (RV) parking in front yards and its impact on aesthetic quality of neighborhood; references to RV parking in the Municipal Code; giving consideration to requiring a permit to park an RV in front yard so as to assure that the RV belongs to the homeowner/resident; protecting and enhancing neighborhood values; if RV parking is restricted consider grandfathering but limit to current RV; multiple RVs parked at a residence; side yard RV parking and setbacks; impacts on street parking; code compliance and enforcement; and how best to obtain community input. Staff stated that most complaints received by Code Compliance are related to 72- hour parking violations; noted that Planning staff had not received other complaints about RV parking in the Cove but did receive correspondence about relaxing RV parking in front yards in another area of the City. Commission and staff discussed options for obtaining community input with the assurance that all residents and property owners in the Cove Residential District would have the opportunity to provide their input. PUBLIC HEARINGS – None REPORTS AND INFORMATIONAL ITEMS - None COMMISSIONERS’ ITEMS Commissioner Bettencourt stated that he hoped staff would be able to provide meeting materials in a user-friendly, three-ring binder format for ease of review by the Commission especially when staff reports and attachments are voluminous; suggested Commissioners visit the Montage Cabo San Lucas website to view the photo gallery; and inquired if there are regulatory measures that the City needs to address to facilitate the transition to normal business operations especially with regards to curbside pickup. Director Castro updated the Commission regarding the City’s Al Fresco Dining program. Chairperson Caldwell inquired if Planning staff is still attending Vista Santa Rosa meetings. Senior Planner Flores confirmed that he will be attending the next Vista Santa Rosa Community meeting. PLANNING COMMISSION MINUTES 4 MAY 26, 2020 STAFF ITEMS 1. UPCOMING PROJECTS UPDATE Planning Manager Flores presented the staff report which is on file in the Design and Development Department. Staff advised the Commission that the Travertine project held a scoping meeting in 2018 and no further scoping meeting was required; and noted that the applicant is planning to coordinate community meetings in the future. A Commissioner asked if staff could provide an update on the SilverRock Venue Site and the La Quinta Auto Center at the next Planning Commission meeting. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Bettencourt/Proctor to adjourn at 6:55 p.m. Motion passed. Respectfully submitted, WANDA WISE-LATTA, Commission Secretary City of La Quinta, California City of La Quinta PLANNING COMMISSION MEETING: June 23, 2020 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION TO APPROVE FINAL LANDSCAPING PLAN 2020-0002 FOR RESIDENCE INN PROJECT INFORMATION CASE NUMBER: FINAL LANDSCAPE PLAN 2020-0002 APPLICANT: PORTER BROTHERS PROPERTY OWNER: SUNRIDGE PROPERTIES REQUEST: ADOPT RESOLUTION TO APPROVE THE FINAL LANDSCAPE PLAN FOR NEW RESIDENCE INN LOCATION: 79675 HIGHWAY 111 CEQA: THIS PROJECT WAS PREVIOUSLY REVIEWED UNDER ENVIRONMENTAL ASSESSMENT 2018-0005. THE PROJECT IS CONSISTENT WITH THE ANALYSIS PREVIOUSLY APPROVED. NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. RECOMMENDATION Approve Final Landscape Plan 2020-0002. EXECUTIVE SUMMARY The City of La Quinta Planning Commission on March 12, 2019, approved a Site Development Permit for construction of a new Residence Inn by Marriott to be located on the south side of Highway 111. A condition of approval was added that required Planning Commission approval of landscaping abutting Highway 111. BACKGROUND/ANALYSIS The La Quinta Redevelopment Agency (RDA) purchased a 22-acre property south of Highway 111 and 300 feet east of Dune Palms Road in 2007 to facilitate development of affordable housing and infill commercial development. On June 5, 2018, City Council entered into a purchase and sale agreement with Sunridge Properties on development of a hotel on a 2.9-acre portion of the northern 10 acres of the site, contingent upon securing the necessary entitlements. The BUSINESS SESSION ITEM NO. 1 Planning Commission on March 12, 2019, approved a Site Development Permit for construction of a new 4-story, 108-room Residence Inn by Marriott, complete with a reception area, outdoor pool and patio, and golf putting green. The Planning Commission added the following Condition of Approval to the Site Development Permit: “Two parking stalls located on the northeast corner of the project site directly abutting Highway 111 shall be removed and converted to landscaped area. This change shall be reflected on all applicable construction documents, including, but not limited to, grading plans, building permits, and Final Landscape Plans. Planning Commission approval of Final Landscape Plan is required for all landscaping abutting Highway 111, including converted landscaped area.” The applicant has submitted a Final Landscaping Plan which is consistent with the preliminary Landscaping Plan that was approved with the SDP (Attachment 1). New landscaping is proposed throughout the entire perimeter of the site and building, the parking lot, and hotel entrance. The assorted species of plants and trees, including date palms, gold and purple lantanas, and Palo Verdes, add character to the proposed development, and are consistent with desert landscaping palettes in the City. The focus of the condition of approval is on “landscaping abutting Highway 111, including converted landscaped area”. The applicant has provided detailed information on the landscaping abutting Highway 111, providing detail on the sufficient screening that will be provided by this landscaping (Attachment 2). The tree maturation, lining of shrubs, and ground mounding heights provides adequate screening of the parking stalls abutting Highway 111. ENVIRONMENTAL REVIEW The Design and Development Department determined that the project was previously reviewed under Environmental Assessment 2018-0005 and is consistent with the analysis previously approved. Prepared by: Carlos Flores, Senior Planner Approved by: Danny Castro, Design and Development Director Attachments: 1. Final Landscaping Plans 2. Detailed Highway 111 Landscaping Plans 1 PLANNING COMMISSION RESOLUTION 2020 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A FINAL LANDSCAPING PLAN FOR RESIDENCE INN CASE NUMBER: FINAL LANDSCAPE PLAN 2020-0002 APPLICANT: PORTER BROTHERS WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 23th day of June, 2020, consider a request by Porter Brothers for approval of a Final Landscaping Plan for Residence Inn. Final Landscaping Plan WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find: 1. The proposed landscaping plan conforms to the requirements of Section 8.13, insofar as it provides a variety of plant species in an aesthetically pleasing design that meets the City’s water efficiency requirements. 2. The Design and Development Department has determined that the project was previously reviewed under Environmental Assessment 2018-0005 and is consistent with the analysis previously approved. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case; SECTION 2. That the above project be determined by the Planning Commission to be consist with Environmental Assessment 2018-0005; SECTION 3. That it does hereby approve Final Landscaping Plan 2020-0002, subject to the attached Conditions of Approval, for the reasons set forth in this Resolution. Planning Commission Resolution 2020 - Final Landscaping Plan 2020-0002 Residence Inn Adopted: Page 2 of 2 PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 23th day of June 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: MARY CALDWELL, Chairperson City of La Quinta, California ATTEST: DANNY CASTRO, Design and Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2020- CONDITIONS OF APPROVAL – RECOMMENDED FINAL LANDSCAPE PLAN 2020-0002 RESIDENCE INN ADOPTED: Page 1 of 1 1. Final Landscape Plan 2020-0002 shall comply with all applicable conditions and/or mitigation measures for the following related approvals: Site Development Permit 2018-0007 Tentative Parcel Map 37683 Environmental Assessment 2018-0005 Specific Plan 2018-0002 (Specific Plan 2008-085, Amendment 1) In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 2. City staff will provide the applicant a Certificate of Completion prior to landscaping installation commencing, which will need to be completed and submitted to Design and Development department prior to final Planning inspection. 3. The final landscape plans shall be stamped and approved by the Coachella Valley Water District (CVWD). 4. A final Planning inspection will be required for the landscaping work. City of La Quinta PLANNING COMMISSION MEETING: June 23, 2020 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION TO APPROVE A MINOR USE PERMIT 2020-0002 FOR MECHANICAL EQUIPMENT WITHIN THE SIDE YARD SETBACK AT 54927 WINGED FOOT PROJECT INFORMATION CASE NUMBER: MINOR USE PERMIT 2020-0002 APPLICANT: PAUL VOTTA (VOTTA ENTERPRISES) PROPERTY OWNER: BRIAN AND REBECCA WAINWRIGHT REQUEST: ADOPT RESOLUTION TO APPROVE A MINOR USE PERMIT FOR MECHANICAL EQUIPMENT WITHIN THE SIDE YARD SETBACK LOCATION: 54927 WINGED FOOT CEQA: THE DESIGN & DEVELOPMENT DEPARTMENT REVIEWED THE PROJECT IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE DEPARTMENT HAS DETERMINED THAT THE PROJECT IS CATEGORICALLY EXEMPT UNDER CEQA GUIDELINES 15301, MINOR ALTERATIONS TO EXISTING FACILITIES. RECOMMENDATION Approve Minor Use Permit 2020-0002. EXECUTIVE SUMMARY Paul Votta (Applicant), on behalf of the Owner, applied for a Mechanical Building permit to replace existing Air Conditioning (AC) units with new units. The new units were installed within the five (5) foot (ft) side yard setback. Proposing AC units within this setback requires Planning Commission approval of a Minor Use Permit (MUP). BUSINESS SESSION ITEM NO. 2 BACKGROUND/ANALYSIS On January 30, 2020, the Applicant, an AC contractor, applied for a Mechanical Building permit to replace existing AC units with two new units at 54927 Winged Foot. On February 6, 2020, the City of La Quinta Building staff completed their first inspection of the new units and disapproved of the installation because the new units had been installed within the five (5) ft side yard setback. Per La Quinta Municipal Code Section 9.60.075(C): “Mechanical equipment may be in a side yard of five feet or less if: … (2) if approved by the planning commission through a minor use permit if findings are made that extenuating circumstances exist”. The new units were installed in a different location than the AC units that were previously installed at this residence. City Planning, Fire, and Building staff followed up with multiple conversations with applicant and owner regarding options on complying with La Quinta Municipal Code and California Building and Fire Code, which was then followed by submittal of a MUP application. The Applicant is requesting approval for these new units due to site configurations and performance ability of the new units (Attachment 1). This performance ability includes energy and noise efficiency. The Applicant has communicated that these units are the quietist units they offer. The two (2) new units are proposed to be setback 20” from the side yard property line wall and measure 47” in height, 35-1/2” in width, and 39-1/2” in depth (Attachment 3). The property line wall between the units and the neighbor is a six foot high masonry block wall, set back an additional five feet from the neighbor’s house. City Building and Fire staff reviewed the proposed location and found the location to be acceptable in providing adequate egress and emergency access, meanwhile meeting all product specifications. None of the bedrooms and the emergency egress windows are in a location that would impede egress through the egress court as affected by the new locations of the condenser units. All bedrooms have a 36-inch clear width egress court and access to a safe refuge yard space or public way not affected by the condenser units, meeting Fire code requirements. PUBLIC REVIEW Per La Quinta Municipal Code Section 9.60.075(C), notification was provided to adjoining impacted property owners ten days prior to this meeting. No comments have been received. ENVIRONMENTAL REVIEW The Design and Development Department has determined that the project is categorically exempt under CEQA guidelines 15301 – Minor Alterations to Existing Facilities. Prepared by: Carlos Flores, Senior Planner Approved by: Danny Castro, Design and Development Director Attachments: 1. Applicant Justification Letter 2. Site Plan 1 PLANNING COMMISSION RESOLUTION 2020 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A MINOR USE PERMIT FOR MECHANICAL EQUIPMENT WITHIN SIDE YARD SETBACK 54927 WINGED FOOT CASE NUMBERS: MINOR USE PERMIT 2020-0002 APPLICANT: VOTTA ENTERPRISES WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 23th day of June, 2020, consider a request by Votta Enterprises for approval of a Minor Use Permit at 54927 Winged Foot. Minor Use Permit WHEREAS, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find: 1. Consistency with General Plan. The land use is consistent with the general plan. 2. Consistency with Zoning Code. The use is consistent with the provisions of this zoning code. Mechanical equipment is allowed within the side yard setbacks with approval of a minor use permit. 3. Compliance with CEQA. The Design and Development Department has determined that the project is categorically exempt under CEQA guidelines 15301 – Minor Alterations to Existing Facilities. 4. Surrounding Uses. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The mechanical equipment within the side yard setback provides adequate emergency egress and access and are high performing units with acceptable noise and energy efficiency. Planning Commission Resolution 2020 - Minor Use Permit 2020-0002 Votta Enterprises Adopted: Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case; SECTION 2. That the above project be determined by the Planning Commission to be exempt from CEQA under Section 15301, Minor Alterations to Existing Facilities; SECTION 3. That it does hereby approve Minor Use Permit 2020-0002, subject to the attached Conditions of Approval, for the reasons set forth in this Resolution. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 23th day of June 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: MARY CALDWELL, Chairperson City of La Quinta, California ATTEST: DANNY CASTRO, Design and Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2020- CONDITIONS OF APPROVAL – RECOMMENDED MINOR USE PERMIT 2020-0002 VOTTA ENTERPRISES ADOPTED: Page 1 of 1 1. The units will need to consistently meet the following clearances: A. 30” service clearance B. 24” separation between units 2. Side yards shall not be utilized as the only emergency escape route 3. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. Comfort Air 72248 Northshore St Suite 101 Thousand Palms , CA 92276 760-637-1962 paulvotta@comfortac.com May 28, 2020 City Of La Quinta 78495 Calle Tampico La Quinta, CA 92253 Dear Planning Commission If all homes are designed similar to this property it will be a challenge for any Mechanical Contractor and Homeowner looking to install new HVAC units. From a performance stand point the cavity or enclosure built for AC Units and original to the house is poorly designed. The work that was performed at property is in perfect balance to maximize proximity to the original placement, accommodate the manufacturer’s clearance specifications and provide as wide as possible and as uniform as possible a walkway. Because the original units were both squeezed into a confined space not allowing them to breathe correctly, their placement made them (a R-22 2 Ton and a 5 Ton) prone to constant shutdown. Such a tight space will not only affect the performance of the units, but also the future service and up keep are questionable. The units now installed at the property were placed on the outside of the cavity for performance purposes and to protect their longevity and workings in conformity with the clearance requirements from the manufacturer. Those specifications, listed in the product manual, have been provided. The units have been relocated adjacent to the enclosure to meet the height requirements for the top discharge, otherwise the hot air trapped overhead is drawn back into the compressor causing undue strain, decreasing its functionality and resulting in equipment failure. Even one single unit placed inside the cavity does not allow the system to perform the way it should nor does it meet the manufacturer’s height clearance requirement which is why both units were placed outside of the cavity. Previously, no allowance was made for mechanical equipment in the five foot setback. The ordinance was changed in recognition of exigent circumstances: contemporary compressors need to be placed into the five foot setback for central air conditioning to function in this climate. ATTACHMENT 1 The new units are installed in close proximity to indoor FAU (Forced Air Units) that also helps performance greatly; we find when units are further away from indoor units or refrigerant lines are extended too far it impacts the efficiency of the units. As can be seen from the layout diagram provided, the bedroom just behind the compressors has two exit windows to the side yard which provides direct access to the golf course which fronts on the back of the property. The interior door to the garage is just in front of the compressors and provides access to the house as well. As time progresses, we find the newer HVAC units are much more efficient and larger in size and the variable speed compressor technology makes the system much quieter when they operate and run. The quietness of the new units is not only a benefit for the homeowner, but also for the surrounding neighbors. In my professional opinion, the size of the current units is reflective of industry trends, their placement is in conformity with the manufacturer’s clearance requirements and their placement will maximize performance. Future service and maintenance work will be able to be performed. Paul Votta Votta Enterprises Inc. DBA Comfort Air ATTACHMENT 2 City of La Quinta PLANNING COMMISSION MEETING: June 23, 2020 STAFF REPORT AGENDA TITLE: ADOPT A RESOLUTION APPROVING A VEHICLE MILES TRAVELED ANALYSIS POLICY IN COMPLIANCE WITH STATE SENATE BILL 743; CEQA: EXEMPT PURSUANT TO SECTIONS 15308, 15307 AND 15061 (b)(3). RECOMMENDATION Adopt a resolution finding that approving this policy is exempt from environmental review under the California Environmental Quality Act CEQA) pursuant to Section 15308, Actions by Regulatory Agencies for Protection of the Environment, Section 15307, Actions by Regulatory Agencies for Protection of Natural Resources, and Section 15061(b)(3), Review for Exemptions – Common Sense Rule and approve a Vehicle Miles Traveled Analysis Policy in compliance with State Senate Bill 743. EXECUTIVE SUMMARY Senate Bill (SB) 743, adopted in 2013 and codified in Public Resources Code Section 21099, requires changes to the CEQA Guidelines regarding the analysis of transportation impacts. SB 743 is effective July 1, 2020 at which time lead agencies must analyze CEQA traffic impacts using Vehicle Miles Traveled (VMT), and automobile delay, as measured by Level of Service (LOS), will no longer constitute a significant impact under CEQA. Staff has reviewed the requirements and prepared a policy to be consistent with State guidelines and guide consultants in preparing their VMT analyses. BACKGROUND/ANALYSIS The State has for many years been attempting to reduce greenhouse gas GHG) emissions to combat climate change. In order to achieve the State’s long-term climate goals and promote the reduction of GHG emissions, the development of multimodal transportation networks, and a diversity of land uses, the Governor’s Office of Planning and Research (OPR) and the California Natural Resources Agency have determined that VMT is the most appropriate metric to evaluate a project’s transportation impacts. SB 743 changes how transportation impacts are analyzed under CEQA to use VMT as the appropriate metric to evaluate a project’s transportation impacts. Automobile delay, as measured by LOS or similar metrics, no longer constitutes a significant PUBLIC HEARING ITEM NO. 1 environmental impact. To assist jurisdictions with evaluation of VMT impacts, OPR issued a technical advisory in December 2018 that contains technical recommendations regarding the assessment of VMT, thresholds of significance, and mitigation measures, and provides guidance and recommendation to implement the requirements of SB 743 (Attachment 1). Using this guidance, Staff has prepared a policy which establishes methodology for analyzing transportation impacts using VMT, establishes thresholds for significance for use in CEQA analysis as provided for in CEQA Guidelines section 15064.3 and provides options for mitigation. VMT analysis will need to be incorporated into any environmental documents circulated after July 1, 2020. Projects will go through several steps during the VMT analysis process. A screening process would be conducted first to determine if a VMT analysis is necessary. The screening process helps quickly identify projects that are expected to cause a less than significant impact without conducting a full analysis. If a project meets the screening criteria, it would not need to conduct a VMT analysis. If it does not meet the criteria, it would need to conduct the VMT analysis, consistent with the methodology outlined in the VMT Analysis Policy (Exhibit A). Transportation impacts would be determined based on the thresholds set forth within the policy, which are consistent with OPR’s Technical Advisory on Evaluating Transportation Impacts in CEQA (Attachment 1). Various land uses would have different thresholds which are summarized below. Residential Uses o VMT exceeding a level of 15 percent below the Citywide or regional VMT per resident, whichever is more stringent General Employment Uses – including offices and R&D establishments o VMT per employee exceeding a level of 15 percent below existing regional VMT per employee Industrial Employment Uses - including warehouse, manufacturing and distribution o VMT per employee exceeding existing regional VMT per employee Retail Uses – including hotels o A net increase in the total existing VMT for the region Mixed-Uses o Each land use component of a mixed-use project will be analyzed independently, applying the significance threshold for each land use component Change of Use or Additions to Existing Development o Changes of use or additions to existing development will be analyzed applying the significance threshold for each land use component. Urban Village, Station Area Plans, Development Policy, Specific Strategy or Other Area Plans o Each land use component analyzed independently, applying the significance threshold for each land use component General Plan Amendments o General Plan Amendments will be analyzed in conformance with the General Plan’s definition of VMT. An increase in City total VMT is a significant transportation impact. Transportation Projects o Net increase in VMT greater than that consistent with the SCAG’s Regional Transportation Plan/Sustainable Communities Strategy. Significant impacts would occur if these thresholds are exceeded and mitigation measures would need to be implemented. Mitigation measures available to applicants consist of modifying the project’s built environment characteristics to reduce VMT generated by the project, usually through reallocation of land uses, or to implement transportation demand management measures to reduce VMT generated by the project as included in Chapter 9.180 of the La Quinta Municipal Code. If mitigation measures are not able to reduce impacts to less than significant levels, the project must prepare an EIR with a Statement of Overriding Considerations and written findings as defined in CEQA Guidelines Sections 15091 and 15093. PUBLIC REVIEW This project was advertised in The Desert Sun newspaper on June 12, 2020. To date, no comments have been received. Comments from other City Departments and Divisions were considered. ENVIRONMENTAL REVIEW The Design and Development Department has determined that the proposed policy is exempt from environmental review under CEQA, pursuant to Section 15308, Actions by Regulatory Agencies for Protection of the Environment, Section 15307, Actions by Regulatory Agencies for Protection of Natural Resources and Section 15061(b)(3), Review for Exemptions – Common Sense Rule. The revised CEQA thresholds and other requirements within the Policy, are compliant with a State mandate (Senate Bill 743) and will be used in a regulatory process that involves procedures for the protection of the environment. The policy will provide the City with project specific transportation information that can be used in the local regulatory process in which protection of the environment is considered. Additionally, the decision to adopt the policy will have no direct impact on the environment as it will inform the analysis of future projects and does not include any activity that would directly impact the environment. Prepared by: Cheri Flores, Planning Manager Approved by: Danny Castro, Design and Development Director PLANNING COMMISSION RESOLUTION 2020 – A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A VEHICLE MILES TRAVELED ANALYSIS POLICY INCLUDING THRESHOLDS OF SIGNIFICANCE FOR PURPOSES OF ANALYZING TRANSPORTATION IMPACTS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 23RD day of June, 2020, hold a duly noticed Public Hearing to consider the adoption of a Vehicle Miles Traveled Analysis Policy (the “Policy”), attached hereto as Exhibit A, including thresholds of significance for purposes of analyzing transportation impacts under the California Environmental Quality Act (CEQA); and WHEREAS, said Policy has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The Design and Development Department has determined that the proposed Policy adoption is exempt from environmental review pursuant to Sections 15308 (Actions by a Regulatory Agency for Protection of the Environment), 15307 (Actions by Regulatory Agencies for Protection of Natural Resources) and 15061(b)(3) (Review for Exemptions – Common Sense Rule), in that the Policy is compliant with a State mandate (Senate Bill 743) and will be used in a regulatory process that involves procedures for the protection of the environment, will provide the City with project specific transportation information that can be used in the local regulatory process in which protection of the environment is considered and the decision to adopt the new Policy will have no direct impact on the environment as it will inform the analysis of future projects and does not include any activity that would directly impact the environment; and WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on June 12, 2020 as prescribed by the Municipal Code; and WHEREAS, the CEQA Guidelines encourage public agencies to develop and publish generally applicable thresholds of significance to be used in determining the significance of a project’s environmental effects; and WHEREAS, CEQA Guidelines section 15064.7(a) defines a threshold of significance as “an identifiable quantitative, qualitative or performance level Planning Commission Resolution 2020 Vehicle Miles Traveled Analysis Policy June 23, 2020 Page 2 of 5 of a particular environmental effect, noncompliance with which means the effect will normally be determined to be significant by the agency and compliance with which means the effect normally will be determined to be less than significant”; and WHEREAS, CEQA Guidelines section 15064.7(b) requires that thresholds of significance must be adopted by ordinance, resolution, rule, or regulations, developed through a public review process, and be supported by substantial evidence; and WHEREAS, pursuant to CEQA Guidelines section 15064.7(c), when adopting thresholds of significance, a public agency may consider thresholds of significance adopted or recommended by other public agencies provided that the decision of the agency is supported by substantial evidence; and WHEREAS, Senate Bill 743, enacted in 2013 and codified in Public Resources Code section 21099, required changes to the CEQA Guidelines regarding the criteria for determining the significance of transportation impacts of projects; and WHEREAS, in 2018, the Governor’s Office of Planning and Research OPR) proposed, and the California Natural Resources Agency certified and adopted, new CEQA Guidelines section 15064.3 that identifies vehicle miles traveled (VMT) – meaning the amount and distance of automobile travel attributable to a project – as the most appropriate metric to evaluate a project’s transportation impacts; and WHEREAS, in December of 2018, the OPR issued a technical advisory, entitled “Technical Advisory: On Evaluating Transportation Impacts in CEQA”, that contains technical recommendations regarding the assessment of VMT, thresholds of significance, and mitigation measures, and provides guidance and recommendation to implement the requirements of Public Resources Code section 21099; and WHEREAS, as a result, automobile delay, as measured by level of service and other similar metrics, generally no longer constitutes a significant environmental effect under CEQA; and Planning Commission Resolution 2020 Vehicle Miles Traveled Analysis Policy June 23, 2020 Page 3 of 5 WHEREAS, CEQA Guidelines section 15064.3 goes into effect on July 1, 2020, though public agencies could elect to be governed by this section immediately; and WHEREAS, the City of La Quinta, following a public review process consisting of a public hearing before the Planning Commission, wishes to adopt the attached VMT thresholds of significance for determining the significance of transportation impacts under CEQA (Exhibit A), implemented through the City of La Quinta Engineering Bulletin 06-13, Traffic Impact Study Specifications, to provide notice and promulgate CEQA thresholds of significance. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta as follows: SECTION 1. The City of La Quinta Planning Commission hereby approves, and adopts and incorporates by reference, the Vehicles Miles Traveled Analysis Policy (“Policy”), attached hereto as Exhibit A, and finds that the policies therein are consistent with the policies of the City’s existing General Plan and the purpose of the City’s Zoning Code (City of La Quinta Municipal Code, Title 9). After reviewing the OPR’s Technical Advisory, the Planning Commission further finds that the Policy is consistent with the recommendations and analysis found therein. SECTION 2. The Policy has been promulgated pursuant to State CEQA Guidelines Section 15064.7, formally subject to a public review process, is supported by substantial evidence, and is hereby adopted as the City of La Quinta’s thresholds of significance for traffic and transportation analysis pursuant to CEQA, to be implemented through the City of La Quinta Engineering Bulletin 06-13, Traffic Impact Study Specifications, to provide notice and promulgate CEQA thresholds of significance. SECTION 3. This project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.), the State CEQA Guidelines California Code of Regulations, Title 14, Sections 15000 et seq.), and the environmental regulations of the City. The project qualifies for a Class 8 categorical exemption (Actions by a Regulatory Agency for Protection of the Environment) in accordance with the requirements of Section 15308 of the State CEQA Guidelines. Likewise, the project qualifies for a Class 7 categorical Planning Commission Resolution 2020 Vehicle Miles Traveled Analysis Policy June 23, 2020 Page 4 of 5 exemption (Actions by Regulatory Agencies for Protection of Natural Resources) in accordance with the requirements of Section 15307 of the State CEQA Guidelines. Lastly, the project is exempt from CEQA review under the common sense exemption in accordance with the requirements of Section 15061(b)(3) of the State CEQA Guidelines. The revised CEQA thresholds and other requirements within the Policy, are compliant with a State mandate (Senate Bill 743) and will be used in a regulatory process that involves procedures for the protection of the environment. The new Policy will provide the City with project specific transportation information that can be used in the local regulatory process in which protection of the environment is considered. Additionally, the decision to adopt the new Policy will have no direct impact on the environment as it will inform the analysis of future projects and does not include any activity that would directly impact the environment. Therefore, the Planning Commission finds the project exempt from further review under CEQA. SECTION 4. This Resolution shall take effect immediately upon its adoption by the Planning Commission. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 23RD day of June, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: MARY CALDWELL, Chairperson City of La Quinta, California Planning Commission Resolution 2020 Vehicle Miles Traveled Analysis Policy June 23, 2020 Page 5 of 5 ATTEST: DANNY CASTRO, Design and Development Director City of La Quinta, California 1 CITY OF LA QUINTA VEHICLE MILES TRAVELED ANALYSIS POLICY Senate Bill (SB) 743, signed in 2013, requires changes to the guidelines implementing the California Environmental Quality Act (CEQA) regarding the analysis of transportation impacts. A key element of SB 743 is the elimination of automobile delay and Level of Service (LOS) as the sole basis of determining CEQA impacts and analyzing Vehicle Miles Traveled (VMT), with the goal of reducing greenhouse gas emissions to meet State mandates for 2030 and beyond. The most recent CEQA guidelines, effective January 1, 2020, recommend VMT as the most appropriate measure of project transportation impacts. However, SB 743 does not prevent a city or county from continuing to analyze delay or LOS as part of other plans (i.e., the general plan), studies, or ongoing network monitoring. The following policy assists in determining VMT impact thresholds and mitigation requirements for Traffic Impact Analysis (TIA) preparation as recommended by the Technical Advisory on Evaluating Transportation Impacts in CEQA published by the Governor’s Office of Planning and Research (OPR) (https://www.opr.ca.gov/docs/20190122- 743_Technical_Advisory.pdf). VMT Analysis Methodology All projects may be required to submit a TIA or Focused Traffic Impact Memo as determined by the City Engineer. For purposes of SB 743 compliance, these may include a VMT analysis, as deemed necessary by the Traffic Division, depending on screening criteria, and also analyze the effects of a project on transportation, access, circulation, and related safety elements proximate to the Project and establish consistency with the General Plan and other City requirements. Project Screening Projects will first go through a screening process to determine if a VMT analysis is necessary. If a project meets the screening criteria, the project would not need to conduct a VMT analysis. If a project does not meet screening criteria, the project will need to conduct the VMT analysis. EXHIBIT A 2 There are three types of screening that can apply to effectively screen projects from project-level assessment. The following describes the available screening criteria pursuant to California Environmental Quality Act (CEQA) guidance provided by the Office of Planning and Research (OPR). Step 1: Project Type Screening Local serving retail projects less than 50,000 square feet may be presumed to have a less than significant impact absent substantial evidence to the contrary. Local serving retail generally improves the convenience of shopping close to home and has the effect of reducing vehicle travel. In addition to local serving retail, the following uses can also be presumed to have a less than significant impact absent substantial evidence to the contrary as their uses are local serving in nature: Local-serving K-12 schools Local parks Day care centers Local-serving gas stations Local-serving banks Local-serving hotels (e.g. non-destination hotels) Small Infill Projects Local-Serving Public Facilities Transit Supportive Projects in Planned Growth Areas with Low VMT and High-Quality Transit Restricted Affordable, Transit Supportive Residential Projects in Planned Growth Areas with High-Quality Transit Transportation Projects that reduce or do not increase VMT Student housing projects Local serving community colleges that are consistent with the assumptions noted in the RTP/SCS Projects generating less than 110 daily vehicle trips 1 1 This threshold ties directly to the OPR technical advisory and notes that CEQA provides a categorical exemption for existing facilities, including additions to existing structures of up to 10,000 square feet, so long as the project is in an area where public infrastructure is available to allow for maximum planned development and the project is not in an environmentally sensitive area. (CEQA Guidelines, § 15301, subd. (e)(2).) Typical project types for which trip generation increases relatively linearly with building footprint (i.e., general office building, single tenant office building, office park, and business park) generate or attract an additional 110-124 trips per 10,000 square feet. Therefore, absent substantial 3 This generally corresponds to the following “typical” development potentials: o 11 single family housing units o 16 multi-family, condominiums, or townhouse housing units o 10,000 sq. ft. of office o 15,000 sq. ft. of light industrial 2 o 63,000 sq. ft. of warehousing2 o 79,000 sq. ft. of high cube transload and short-term storage warehouse2 Step 2: Transit Priority Area (TPA) Screening Projects located within a TPA 3 may be presumed to have a less than significant impact absent substantial evidence to the contrary. This presumption may NOT be appropriate if the project: 1. Has a Floor Area Ratio (FAR) of less than 0.75; 2. Includes more parking for use by residents, customers, or employees of the project than required by the jurisdiction (if the jurisdiction requires the project to supply parking); 3. Is inconsistent with the applicable Sustainable Communities Strategy (as determined by the City of La Quinta, with input from the Southern California Association of Governments); or 4. Replaces affordable residential units with a smaller number of moderate or high-income residential units. Step 3: Low VMT Area Screening Residential and office projects located within a low VMT-generating area may be presumed to have a less than significant impact absent substantial evidence to the contrary. In addition, other employment-related and mixed-use land use projects may qualify for the use of screening if the project can reasonably be expected to evidence otherwise, it is reasonable to conclude that the addition of 110 or fewer trips could be considered not to lead to a significant impact. 2 Threshold may be higher depending on the tenant and the use of the site. This number was estimated using rates from ITE’s Trip Generation Manual. 3 A TPA is defined as a half mile area around an existing major transit stop or an existing stop along a high-quality transit corridor. 4 generate VMT per resident, per worker, or per service population that is similar to the existing land uses in the low VMT area. For this screening in the CVAG / City of La Quinta area, the Riverside County Travel Demand Model (RIVTAM / RIVCOM) is used to measure VMT performance for individual jurisdictions and for individual traffic analysis zones (TAZs). TAZs are geographic polygons similar to Census block groups used to represent areas of homogenous travel behavior. Total daily VMT per service population (population plus employment) is estimated for each TAZ. Those TAZs that perform at or below the jurisdictional (City, Subarea, County, or CVAG) average of total VMT per service population under base year conditions are considered low VMT areas. This presumption may not be appropriate if the project land uses would alter the existing built environment in such a way as to increase the rate or length of vehicle trips. To identify if the project is in a low VMT-generating area, the analyst must identify if the project is consistent with the existing land use within that TAZ and use professional judgement that there is nothing unique about the project that would otherwise be mis-represented utilizing the data from the travel demand model. VMT Assessment for Non-Screened Land Use Development Projects Projects not screened through the steps above should complete VMT analysis and forecasting through the RIVTAM / RIVCOM model to determine if they have a significant VMT impact. This analysis should include ‘project generated VMT’ and project effect on VMT’ estimates for the project TAZ (or TAZs) under the following scenarios: Baseline Conditions - Typically baseline conditions align with the project’s Notice of Preparation (NOP). Baseline VMT for the year of the NOP can be interpolated between VMT estimates calculated using the base and future year model. Baseline Plus Project – This scenario represents the “project generated VMT” and is determined by adding the project land use to the project TAZ or a separate TAZ would be created to contain the project land uses. A full base year model run would be performed and VMT changes would be isolated for the project TAZ and across the full model network. The model 5 output must include reasonableness checks of the production and attraction balancing to ensure the project effect is accurately captured. If this scenario results in a less-than-significant impact, then additional cumulative scenario analysis may not be required. Cumulative No Project – This scenario would consider background/ambient growth including other proposed projects (other than proposed project) in the City but without the proposed project’s contribution. Cumulative Plus Project - The project land use would either be added to the project TAZ or a separate TAZ would be created to contain the project land uses. The addition of project land uses should be accompanied by a reallocation of a similar amount of land use from other TAZs; especially if the proposed project is significant in size such that it would change other future developments. Land use projects will generally not change the cumulative no project control totals for population and employment growth. Instead, they will influence the land use supply through changes in general plan land use designations and zoning. If project land uses are simply added to the cumulative no project scenario, then the analysis should reflect this limitation in the methodology and acknowledge that the analysis may overestimate the project’s effect on VMT. The model output should include total VMT, which includes all vehicle trips and trip purposes, and VMT per service population (population plus employment). Total VMT by speed bin) is needed as an input for air quality, greenhouse gas (GHG), and energy impact analysis while total VMT per service population is recommended for transportation impact analysis 4 Both “plus project” scenarios noted above will summarize two types of VMT: (1) project generated VMT per service population and comparing it back to the appropriate benchmark noted in the thresholds of significance, and (2) the project effect on VMT, comparing how the project changes VMT on the network looking at a sub-regional VMT per service population and comparing it to the no project condition. 4 This assumes that the lead agency will use VMT per service population for its impact threshold. If a lead agency decides to isolate VMT by trip purpose, then the lead agency would need to update this section of the recommended guidelines. 6 Project-generated VMT shall be extracted from the travel demand model using the origin-destination trip matrix and shall multiply that matrix by the final assignment skims. The project-effect on VMT shall be estimated using a sub-regional boundary City limit) and extracting the total link-level VMT for both the no project and plus project condition. VMT Metrics VMT should always be normalized based on the number of residents and employees present in the zone, City, or regional area for comparative purposes to determine impacts. The following presents the metrics to normalize VMT. The metrics used in the VMT analysis are dependent upon the method in which the VMT is calculated. Total VMT per service population - includes the VMT generated divided by the population and employment in a given area (TAZ, City, or sub-region). An important note regarding service population is that the calculation includes the employment and population coded into the travel demand model. This calculation excludes VMT-generating groups such as visitors, patients, guests and students. Each project should consider if it is appropriate to add VMT- generating groups to its service population. Home-based VMT per resident - includes the VMT generated only by home- based work and home-based other productions divided by the population in a given area (TAZ, City, or sub-region). This method does not include trips with one trip end outside of the model. Zones without any residential uses will generate zero home-based VMT per resident. Home-based work VMT per worker - includes the VMT generated only by home-based work attractions divided by the number of employees in a given area (TAZ, City, or sub-region). This method does not include trips with one trip end outside of the model. Zones with no commercial uses will generate zero home-based VMT per worker. 7 VMT Analysis Methodology for Land Use Plans Land use plans are not subject to screening and require specific VMT analysis. Land use plans should be tested for significant impacts under cumulative conditions using the same cumulative threshold options (or lead agency thresholds) as the land use projects. These thresholds require modeling land use plan changes to determine VMT impacts. To capture the project effect on VMT, the same cumulative year population and employment growth totals should be used model-wide. VMT Analysis Methodology for Transportation Projects Use of VMT as an environmental impact metric for transportation projects is discretionary under the Section 15064.3(b)(2) of the updated CEQA Guidelines. Using VMT as a transportation project impact metric would allow for a variety of transit, bicycle, and pedestrian projects to be presumed to have a less than significant impact. Smaller roadway network modifications such as intersection restriping could also be presumed to have a less than significant impact. Roadway capacity expansion projects are types of projects that can increase vehicle travel and VMT by changing people’s travel behavior including making new vehicle trips and making longer vehicle trips. Thresholds for Determination of Significant Transportation Impact Project-Generated VMT Impacts Residential Uses VMT per resident exceeding a level of: o 15 percent below the Citywide per resident VMT, OR o 15 percent below regional VMT per resident, whichever is more stringent General Employment Uses Includes offices and R&D establishments VMT per employee exceeding a level of 15 percent below existing regional VMT per employee 8 Industrial Employment Uses Includes warehouse, manufacturing and distribution uses VMT per employee exceeding existing regional VMT per employee Retail Uses Includes Hotels A net increase in the total existing VMT for the region Public/Quasi-Public Uses Public/Quasi-Public land use projects will be analyzed using the most relevant threshold as determined by the Public Works Director for the proposed use on the site Mixed-Uses Each land use component of a mixed-use project will be analyzed independently, applying the significance threshold for each land use component Change of Use or Additions to Existing Development Changes of use or additions to existing development will be analyzed applying the significance threshold for each land use component Urban Village, Station Area Plans, Development Policy, Specific Strategy or Other Area Plans Each land use component will be analyzed independently, applying the significance threshold for each land use component General Plan Amendments General Plan Amendments will be analyzed in conformance with the General Plan’s definition of VMT. An increase in City total VMT is a significant transportation impact Transportation Projects Net increase in VMT greater than that consistent with the SCAG’s Regional Transportation Plan/Sustainable Communities Strategy 9 Project-Generated VMT Impacts A project would result in a significant project-generated VMT impact if either of the following conditions are satisfied: 1. The baseline project-generated VMT per service population exceeds the City of La Quinta baseline VMT per service population, or 2. The cumulative project-generated VMT per service population exceeds the City of La Quinta baseline VMT per service population Project Effect on VMT Impacts The project’s effect on VMT would be considered significant if it resulted in either of the following conditions to be satisfied: 1. The baseline link-level boundary VMT per service population (City or sub- regional boundary) to increase under the plus project condition compared to the no project condition, or 2. The cumulative link-level boundary VMT per service population (City or sub- regional boundary) to increase under the plus project condition compared to the no project condition. Public Transit Impacts Potential impacts to public transit, pedestrian facilities and travel, and bicycle facilities and travel can be evaluated using the following criteria. A significant impact occurs if the project conflicts with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decreases the performance or safety of such facilities. The TIA should include analysis of a project to examine if it is inconsistent with adopted policies, plans, or programs regarding active transportation or public transit facilities, or otherwise decreases the performance or safety of such facilities and 10 make a determination as to whether it has the potential to conflict with existing or proposed facilities supporting these travel modes. VMT Mitigation Measures To mitigate VMT impacts, the following choices are available to the applicant: 1. Modify the project’s built environment characteristics to reduce VMT generated by the Project 2. Implement Transportation Demand Management (TDM) measures to reduce VMT generated by the project consistent with La Quinta Municipal Code Chapter 9.180 5 For proposed improvements to intersections or road segments located outside the City of La Quinta, if an agency such as another City or the County of Riverside has adopted a program to mitigate impacts from future development that commits that agency to construct the improvement projects included in the program or to obtain the balance of the funding needed to construct the improvements through some other means, the applicant in the City of La Quinta shall be required to pay its fair share into the program of that agency. 5 For non-residential developments, mitigation measures should consider Transportation Demand Management Strategies which are designed to reduce the overall trip generation for the project and the need for road related improvements. Such strategies may include the following: Establishing preferential parking for carpool or vanpool vehicles. Providing bus pass or Vanpool subsidies. Allowing employees that arrive to work by alternative modes some level of leeway on their arrival times due to the unforeseen transit delays. Implement alternate work schedules to reduce employee trips during peak hours. Provide shower facilities and lockers for employees that arrive to work by walking, bicycling, or other alternative modes. Providing bicycle parking where bicycles can be locked to an appropriate device or lockable bicycle lockers. 11 APPENDIX A GLOSSARY OF TERMS Active Transportation - A means of getting around that is powered by human energy, primarily walking and biking. Alternative Transportation Modes - Sustainable transportation methods that are alternative to personal motorized vehicles, primarily walking, biking, and riding transit. Approved Trip Inventory (ATI) - A City-maintained database of vehicle-trips generated by projects for which an entitlement to build has been granted that have yet been built or occupied. Consists of assigned vehicle-trips by turn movement at signalized intersections. Area Development Policy (ADP) - A City-adopted implementation policy of an Area Plan. Area Plan - A City-adopted plan that coordinates transportation infrastructure improvements and land use development in support of a unique vision for a subarea of the City (e.g. an Urban Village Plan). Boundary VMT Method - A method used to calculate total VMT on roadways bounded within the City. VMT per service population, a performance metric for General Plan amendments, is based on this method. Effect - Project-related effects on elements of the transportation system for which no transportation standards or CEQA thresholds of significance have been established by the City. Distinct from “impact”. Existing VMT - Current VMT levels for the existing buildings within a one-half mile buffer of a development project. High-Quality Transit Areas - Areas are within half a mile of a high-quality transit corridor or major transit stop. 12 High-Quality Transit Corridor - A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours (Pub. Resources Code § 21155 (b)). Impact - Refer to a project’s impacts as determined by the transportation standards or CEQA thresholds of significance established by the City. Distinct from “effect”. Improvement - A change that addresses the effects, particularly adverse effects, of a project on elements of the transportation system for which no transportation standards or CEQA thresholds of significance have been established by the City. Distinct from “mitigation’. Induced Trips - Increase in traffic volume that occurs soon after a new road is opened, or a previously congested road is widened. Increases in roadway capacity are typically quickly filled up with additional traffic. Infill Opportunity Zone (IOZ) - Areas designated by the City that exempt intersection operations standards in the Congestion Management Program (CMP). CMP facilities located within IOZs are exempt from provisions of the CMP’s operations standard requirements. Internal Trips - Trips between different land use types within the same development project that are accommodated at the project site. Trips that are not internal are those with the project at one end and other locations at the other end. Intersection Operations Standard - A measure of automobile vehicle delays through a signalized intersection, graded on a scale A through F. Major Transit Stop - A 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 a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods (Pub. Resources Code § 21064.3). Mitigation - A change that addresses the CEQA impacts of a project on elements of the transportation system for which transportation standards or CEQA thresholds of significance have been established. Distinct from “improvement”. 13 Mixed-Use Project - A development project that combines two or more land uses. Mode Share - The share of all person-trips to and from a project taken by each transportation mode (personal motorized vehicles, transit, bicycle, and pedestrian). Multimodal Improvement Plan (MIP) - VTA terminology for “Deficiency Plan” as defined by CMA statue. VTA’s plans developed to identify offsetting measures to improve transportation conditions on CMP facilities in lieu of making physical traffic capacity improvements such as widening a roadway. Multimodal Transportation Improvement Plan (MTIP) - The City’s area-based prioritized list of projects and programs intended to facilitate realization of goals and objectives identified in a long-range plan. Net Change in Total VMT - Difference in total VMT in the area with and without the project. Performance metric for regional retail projects and transportation projects. Origin-Destination (O-D) VMT Method - A method used to calculate the total vehicle-miles traveled a study area (e.g. a development project, the City, or the region) is expected to generate in a day. For a personal motorized vehicle-trip to be included in the VMT calculation using the OD VMT method, one of the trip ends must be within the study area. The OD Method accounts for all trips, including external trips that have one trip end outside of the model boundary, and therefore provides a more complete capture of all travel within the study area. Production/Attraction (PA) VMT Method - A method used to calculate the total vehicle-miles traveled a study area (e.g. a development project, the City, or the region) is expected to generate in a day. The PA Method allows project VMT to be evaluated based on trip purpose which is consistent with OPR’s recommendations. PA matrices do not include external trips that have one trip end outside of the model boundary, and therefore do not include those trips in the VMT estimates. Passive Parks - Less structured recreational activities and casual pursuit of hobbies that allow for the preservation of natural habitat. 14 Peak Hour - The highest morning or evening hour of travel reported on a transportation network or street. Personal Motorized Vehicles - Mainly personal motor vehicles that transport people rather than goods. VMT is based on only personal motor vehicles. Physical VMT Reduction Strategies - Strategies that development projects can physically construct to encourage the shift from driving alone to walking, biking, and riding transit. Include three of the four VMT reduction strategies – project characteristics, multimodal network improvements, and parking measures. Project VMT - Calculated VMT generation of a development project. Service Population - The sum of residents and workers in an area such as the City of La Quinta. Sphere of influence - Area in which travel patterns are expected to change due to a transportation project. Transportation Demand Management (TDM) - Programmatic measures that discourage drive-alone trips and encourage pedestrian, bicycle, and transit use. One of the four categories of VMT reduction strategies for development projects. Trip Cap - A maximum number of vehicle-trips that a development project is allowed to generate in a day. Trip Adjustments - Effort to reduce the number of vehicle-trips to and from a project. Trip Assignment - An assignment of vehicle-trips to transportation facilities based on trip distribution percentages. Trip Distribution - A forecast of the travel direction of vehicle-trips to and from a project. Trip Generation - The estimated total number of vehicle-trips to and from a project. 15 Vehicle-Miles Traveled - The total miles of travel by motorized on-road passenger vehicles in a day. A measure on which a project’ transportation impact(s) are based. VMT per Capita - The sum of VMT for personal motorized vehicle-trips made by all residents of a development project, divided by the total number of residents of the project. VMT per Employee - The sum of VMT for personal motorized vehicle-trips made by all workers of an office or industrial development project, divided by the total number of workers at the project. ON EVALUATING TRANSPORTATION IMPACTS IN CEQA TECHNICAL ADVISORY December 2018 ATTACHMENT 1 Contents A. Introduction ...................................................................................................................................... 1 B. Background ....................................................................................................................................... 2 C. Technical Considerations in Assessing Vehicle Miles Traveled ......................................................... 4 1. Recommendations Regarding Methodology ................................................................................ 4 D. General Principles to Guide Consideration of VMT .......................................................................... 7 E. Recommendations Regarding Significance Thresholds .................................................................... 8 1. Screening Thresholds for Land Use Projects ............................................................................... 12 2. Recommended Numeric Thresholds for Residential, Office, and Retail Projects ....................... 15 3. Recommendations Regarding Land Use Plans ............................................................................ 18 4. Other Considerations .................................................................................................................. 19 F. Considering the Effects of Transportation Projects on Vehicle Travel ........................................... 19 1. Recommended Significance Threshold for Transportation Projects .......................................... 22 2. Estimating VMT Impacts from Transportation Projects ............................................................. 23 G. Analyzing Other Impacts Related to Transportation ...................................................................... 25 H. VMT Mitigation and Alternatives .................................................................................................... 26 Appendix 1. Considerations About Which VMT to Count ....................................................................... 29 Appendix 2. Induced Travel: Mechanisms, Research, and Additional Assessment Approaches ............ 32 1 | Page December 2018 A. Introduction This technical advisory is one in a series of advisories provided by the Governor’s Office of Planning and Research (OPR) as a service to professional planners, land use officials, and CEQA practitioners. OPR issues technical assistance on issues that broadly affect the practice of land use planning and the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.). (Gov. Code, § 65040, subds. (g), (l), (m).) The purpose of this document is to provide advice and recommendations, which agencies and other entities may use at their discretion. This document does not alter lead agency discretion in preparing environmental documents subject to CEQA. This document should not be construed as legal advice. Senate Bill 743 (Steinberg, 2013), which was codified in Public Resources Code section 21099, required changes to the guidelines implementing CEQA (CEQA Guidelines) (Cal. Code Regs., Title 14, Div. 6, Ch. 3, 15000 et seq.) regarding the analysis of transportation impacts. As one appellate court recently explained: “During the last 10 years, the Legislature has charted a course of long-term sustainability based on denser infill development, reduced reliance on individual vehicles and improved mass transit, all with the goal of reducing greenhouse gas emissions. Section 21099 is part of that strategy . . . .” Covina Residents for Responsible Development v. City of Covina (2018) 21 Cal.App.5th 712, 729.) Pursuant to Section 21099, the criteria for determining the significance of transportation impacts must promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses.” (Id., subd. (b)(1); see generally, adopted CEQA Guidelines, § 15064.3, subd. (b) [Criteria for Analyzing Transportation Impacts].) To that end, in developing the criteria, OPR has proposed, and the California Natural Resources Agency (Agency) has certified and adopted, changes to the CEQA Guidelines that identify vehicle miles traveled (VMT) as the most appropriate metric to evaluate a project’s transportation impacts. With the California Natural Resources Agency’s certification and adoption of the changes to the CEQA Guidelines, automobile delay, as measured by “level of service” and other similar metrics, generally no longer constitutes a significant environmental effect under CEQA. (Pub. Resources Code, § 21099, subd. (b)(3).) This advisory contains technical recommendations regarding assessment of VMT, thresholds of significance, and mitigation measures. Again, OPR provides this Technical Advisory as a resource for the public to use at their discretion. OPR is not enforcing or attempting to enforce any part of the recommendations contained herein. (Gov. Code, § 65035 [“It is not the intent of the Legislature to vest in the Office of Planning and Research any direct operating or regulatory powers over land use, public works, or other state, regional, or local projects or programs.”].) This December 2018 technical advisory is an update to the advisory it published in April 2018. OPR will continue to monitor implementation of these new provisions and may update or supplement this advisory in response to new information and advancements in modeling and methods. 2 | Page December 2018 B. Background VMT and Greenhouse Gas Emissions Reduction. Senate Bill 32 (Pavley, 2016) requires California to reduce greenhouse gas (GHG) emissions 40 percent below 1990 levels by 2030, and Executive Order B- 16-12 provides a target of 80 percent below 1990 emissions levels for the transportation sector by 2050. The transportation sector has three major means of reducing GHG emissions: increasing vehicle efficiency, reducing fuel carbon content, and reducing the amount of vehicle travel. The California Air Resources Board (CARB) has provided a path forward for achieving these emissions reductions from the transportation sector in its 2016 Mobile Source Strategy. CARB determined that it will not be possible to achieve the State’s 2030 and post-2030 emissions goals without reducing VMT growth. Further, in its 2018 Progress Report on California’s Sustainable Communities and Climate Protection Act, CARB found that despite the State meeting its 2020 climate goals, “emissions from statewide passenger vehicle travel per capita [have been] increasing and going in the wrong direction,” and “California cannot meet its [long-term] climate goals without curbing growth in single-occupancy vehicle activity.”1 CARB also found that “[w]ith emissions from the transportation sector continuing to rise despite increases in fuel efficiency and decreases in the carbon content of fuel, California will not achieve the necessary greenhouse gas emissions reductions to meet mandates for 2030 and beyond without significant changes to how communities and transportation systems are planned, funded, and built.”2 Thus, to achieve the State’s long-term climate goals, California needs to reduce per capita VMT. This can occur under CEQA through VMT mitigation. Half of California’s GHG emissions come from the transportation sector3, therefore, reducing VMT is an effective climate strategy, which can also result in co-benefits.4 Furthermore, without early VMT mitigation, the state may follow a path that meets GHG targets in the early years, but finds itself poorly positioned to meet more stringent targets later. For example, in absence of VMT analysis and mitigation in CEQA, lead agencies might rely upon verifiable offsets for GHG mitigation, ignoring the longer-term climate change impacts resulting from land use development and infrastructure investment decisions. As stated in CARB’s 2017 Scoping Plan: California’s future climate strategy will require increased focus on integrated land use planning to support livable, transit-connected communities, and conservation of agricultural and other lands. Accommodating population and economic growth through travel- and energy-efficient land use provides GHG-efficient growth, reducing GHGs from both transportation and building energy use. GHGs can be further reduced at the project level through implementing energy- efficient construction and travel demand management approaches.”5 (Id. at p. 102.) 1 California Air Resources Board (Nov. 2018) 2018 Progress Report on California’s Sustainable Communities and Climate Protection Act, pp. 4, 5, available at https://ww2.arb.ca.gov/sites/default/files/2018-11/Final2018Report_SB150_112618_02_Report.pdf. 2 Id., p. 28. 3 See https://ca50million.ca.gov/transportation/ 4 Fang et al. (2017) Cutting Greenhouse Gas Emissions Is Only the Beginning: A Literature Review of the Co-Benefits of Reducing Vehicle Miles Traveled. 5 California Air Resources Board (Nov. 2017) California’s 2017 Climate Change Scoping Plan, p. 102, available at https://www.arb.ca.gov/cc/scopingplan/scoping_plan_2017.pdf. 3 | Page December 2018 In light of this, the 2017 Scoping Plan describes and quantifies VMT reductions needed to achieve our long-term GHG emissions reduction goals, and specifically points to the need for statewide deployment of the VMT metric in CEQA: Employing VMT as the metric of transportation impact statewide will help to ensure GHG reductions planned under SB 375 will be achieved through on-the-ground development, and will also play an important role in creating the additional GHG reductions needed beyond SB 375 across the State. Implementation of this change will rely, in part, on local land use decisions to reduce GHG emissions associated with the transportation sector, both at the project level, and in long-term plans (including general plans, climate action plans, specific plans, and transportation plans) and supporting sustainable community strategies developed under SB 375.”6 VMT and Other Impacts to Health and Environment. VMT mitigation also creates substantial benefits sometimes characterized as “co-benefits” to GHG reduction) in both in the near-term and the long- term. Beyond GHG emissions, increases in VMT also impact human health and the natural environment. Human health is impacted as increases in vehicle travel lead to more vehicle crashes, poorer air quality, increases in chronic diseases associated with reduced physical activity, and worse mental health. Increases in vehicle travel also negatively affect other road users, including pedestrians, cyclists, other motorists, and many transit users. The natural environment is impacted as higher VMT leads to more collisions with wildlife and fragments habitat. Additionally, development that leads to more vehicle travel also tends to consume more energy, water, and open space (including farmland and sensitive habitat). This increase in impermeable surfaces raises the flood risk and pollutant transport into waterways.7 VMT and Economic Growth. While it was previously believed that VMT growth was a necessary component of economic growth, data from the past two decades shows that economic growth is possible without a concomitant increase in VMT. (Figure 1.) Recent research shows that requiring development projects to mitigate LOS may actually reduce accessibility to destinations and impede economic growth.8,9 6 Id. at p. 76. 7 Fang et al. (2017) Cutting Greenhouse Gas Emissions Is Only the Beginning: A Literature Review of the Co-Benefits of Reducing Vehicle Miles Traveled, available at https://ncst.ucdavis.edu/wp- content/uploads/2017/03/NCST-VMT-Co-Benefits-White-Paper_Fang_March-2017.pdf. 8 Haynes et al. (Sept. 2015) Congested Development: A Study of Traffic Delays, Access, and Economic Activity in Metropolitan Los Angeles, available at http://www.its.ucla.edu/wp- content/uploads/sites/6/2015/11/Haynes_Congested-Development_1-Oct-2015_final.pdf. 9 Osman et al. (Mar. 2016) Not So Fast: A Study of Traffic Delays, Access, and Economic Activity in the San Francisco Bay Area, available at http://www.its.ucla.edu/wp- content/uploads/sites/6/2016/08/Taylor-Not-so-Fast-04-01-2016_final.pdf. 4 | Page December 2018 Figure 1. Kooshian and Winkelman (2011) VMT and Gross Domestic Product (GDP), 1960-2010. C. Technical Considerations in Assessing Vehicle Miles Traveled Many practitioners are familiar with accounting for VMT in connection with long-range planning, or as part of the CEQA analysis of a project’s greenhouse gas emissions or energy impacts. This document provides technical information on how to assess VMT as part of a transportation impacts analysis under CEQA. Appendix 1 provides a description of which VMT to count and options on how to count it. Appendix 2 provides information on induced travel resulting from roadway capacity projects, including the mechanisms giving rise to induced travel, the research quantifying it, and information on additional approaches for assessing it. 1. Recommendations Regarding Methodology Proposed Section 15064.3 explains that a “lead agency may use models to estimate a project’s vehicle miles traveled . . . .” CEQA generally defers to lead agencies on the choice of methodology to analyze impacts. (Santa Monica Baykeeper v. City of Malibu (2011) 193 Cal.App.4th 1538, 1546; see Laurel Heights Improvement Assn. v. Regents of University of California (1988) 47 Cal.3d 376, 409 [“the issue is not whether the studies are irrefutable or whether they could have been better” … rather, the “relevant issue is only whether the studies are sufficiently credible to be considered” as part of the lead agency’s overall evaluation].) This section provides suggestions to lead agencies regarding methodologies to analyze VMT associated with a project. Vehicle Types. Proposed Section 15064.3, subdivision (a), states, “For the purposes of this section, vehicle miles traveled’ refers to the amount and distance of automobile travel attributable to a project.” Here, the term “automobile” refers to on-road passenger vehicles, specifically cars and light trucks. Heavy-duty truck VMT could be included for modeling convenience and ease of calculation (for example, where models or data provide combined auto and heavy truck VMT). For an apples-to-apples 5 | Page December 2018 comparison, vehicle types considered should be consistent across project assessment, significance thresholds, and mitigation. Residential and Office Projects. Tour- and trip-based approaches 10 offer the best methods for assessing VMT from residential/office projects and for comparing those assessments to VMT thresholds. These approaches also offer the most straightforward methods for assessing VMT reductions from mitigation measures for residential/office projects. When available, tour-based assessment is ideal because it captures travel behavior more comprehensively. But where tour-based tools or data are not available for all components of an analysis, a trip-based assessment of VMT serves as a reasonable proxy. Models and methodologies used to calculate thresholds, estimate project VMT, and estimate VMT reduction due to mitigation should be comparable. For example: A tour-based assessment of project VMT should be compared to a tour-based threshold, or a trip-based assessment to a trip-based VMT threshold. Where a travel demand model is used to determine thresholds, the same model should also be used to provide trip lengths as part of assessing project VMT. Where only trip-based estimates of VMT reduction from mitigation are available, a trip-based threshold should be used, and project VMT should be assessed in a trip-based manner. When a trip-based method is used to analyze a residential project, the focus can be on home-based trips. Similarly, when a trip-based method is used to analyze an office project, the focus can be on home-based work trips. When tour-based models are used to analyze an office project, either employee work tour VMT or VMT from all employee tours may be attributed to the project. This is because workplace location influences overall travel. For consistency, the significance threshold should be based on the same metric: either employee work tour VMT or VMT from all employee tours. For office projects that feature a customer component, such as a government office that serves the public, a lead agency can analyze the customer VMT component of the project using the methodology for retail development (see below). Retail Projects. Generally, lead agencies should analyze the effects of a retail project by assessing the change in total VMT 11 because retail projects typically re-route travel from other retail destinations. A retail project might lead to increases or decreases in VMT, depending on previously existing retail travel patterns. 10 See Appendix 1, Considerations About Which VMT to Count, for a description of these approaches. 11 See Appendix 1, Considerations About Which VMT to Count, “Assessing Change in Total VMT” section, for a description of this approach. 6 | Page December 2018 Considerations for All Projects. Lead agencies should not truncate any VMT analysis because of jurisdictional or other boundaries, for example, by failing to count the portion of a trip that falls outside the jurisdiction or by discounting the VMT from a trip that crosses a jurisdictional boundary. CEQA requires environmental analyses to reflect a “good faith effort at full disclosure.” (CEQA Guidelines, § 15151.) Thus, where methodologies exist that can estimate the full extent of vehicle travel from a project, the lead agency should apply them to do so. Where those VMT effects will grow over time, analyses should consider both a project’s short-term and long-term effects on VMT. Combining land uses for VMT analysis is not recommended. Different land uses generate different amounts of VMT, so the outcome of such an analysis could depend more on the mix of uses than on their travel efficiency. As a result, it could be difficult or impossible for a lead agency to connect a significance threshold with an environmental policy objective (such as a target set by law), inhibiting the CEQA imperative of identifying a project’s significant impacts and providing mitigation where feasible. Combining land uses for a VMT analysis could streamline certain mixes of uses in a manner disconnected from policy objectives or environmental outcomes. Instead, OPR recommends analyzing each use separately, or simply focusing analysis on the dominant use, and comparing each result to the appropriate threshold. Recommendations for methods of analysis and thresholds are provided below. In the analysis of each use, a mixed-use project should take credit for internal capture. Any project that includes in its geographic bounds a portion of an existing or planned Transit Priority Area (i.e., the project is within a ½ mile of an existing or planned major transit stop or an existing stop along a high quality transit corridor) may employ VMT as its primary metric of transportation impact for the entire project. (See Pub. Resources Code, § 21099, subds. (a)(7), (b)(1).) Cumulative Impacts. A project’s cumulative impacts are based on an assessment of whether the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.” (Pub. Resources Code, § 21083, subd. (b)(2); see CEQA Guidelines, § 15064, subd. (h)(1).) When using an absolute VMT metric, i.e., total VMT (as recommended below for retail and transportation projects), analyzing the combined impacts for a cumulative impacts analysis may be appropriate. However, metrics such as VMT per capita or VMT per employee, i.e., metrics framed in terms of efficiency (as recommended below for use on residential and office projects), cannot be summed because they employ a denominator. A project that falls below an efficiency-based threshold that is aligned with long-term environmental goals and relevant plans would have no cumulative impact distinct from the project impact. Accordingly, a finding of a less-than-significant project impact would imply a less than significant cumulative impact, and vice versa. This is similar to the analysis typically conducted for greenhouse gas emissions, air quality impacts, and impacts that utilize plan compliance as a threshold of significance. (See Center for Biological Diversity v. Department of Fish & Wildlife (2015) 62 Cal.4th 204, 219, 223; CEQA Guidelines, § 15064, subd. (h)(3).) 7 | Page December 2018 D. General Principles to Guide Consideration of VMT SB 743 directs OPR to establish specific “criteria for determining the significance of transportation impacts of projects[.]” (Pub. Resources Code, § 21099, subd. (b)(1).) In establishing this criterion, OPR was guided by the general principles contained within CEQA, the CEQA Guidelines, and applicable case law. To assist in the determination of significance, many lead agencies rely on “thresholds of significance.” The CEQA Guidelines define a “threshold of significance” to mean “an identifiable quantitative, qualitative 12 or performance level of a particular environmental effect, non-compliance with which means the effect will normally be determined to be significant by the agency and compliance with which means the effect normally will be determined to be less than significant.” (CEQA Guidelines, § 15064.7, subd. (a) (emphasis added).) Lead agencies have discretion to develop and adopt their own, or rely on thresholds recommended by other agencies, “provided the decision of the lead agency to adopt such thresholds is supported by substantial evidence.” (Id. at subd. (c); Save Cuyama Valley v. County of Santa Barbara (2013) 213 Cal.App.4th 1059, 1068.) Substantial evidence means “enough relevant information and reasonable inferences from this information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached.” (Id. at § 15384 (emphasis added); Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th 1099, 1108-1109.) Additionally, the analysis leading to the determination of significance need not be perfect. The CEQA Guidelines describe the standard for adequacy of environmental analyses: An EIR should be prepared with a sufficient degree of analysis to provide decision makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure. CEQA Guidelines, § 15151 (emphasis added).) These general principles guide OPR’s recommendations regarding thresholds of significance for VMT set forth below. 12 Generally, qualitative analyses should only be conducted when methods do not exist for undertaking a quantitative analysis. 8 | Page December 2018 E.Recommendations Regarding Significance Thresholds As noted above, lead agencies have the discretion to set or apply their own thresholds of significance. Center for Biological Diversity v. California Dept. of Fish & Wildlife (2015) 62 Cal.4th 204, 218-223 [lead agency had discretion to use compliance with AB 32’s emissions goals as a significance threshold]; Save Cuyama Valley v. County of Santa Barbara (2013) 213 Cal.App.4th at p. 1068.) However, Section 21099 of the Public Resources Code states that the criteria for determining the significance of transportation impacts must promote: (1) reduction of greenhouse gas emissions; (2) development of multimodal transportation networks; and (3) a diversity of land uses. It further directed OPR to prepare and develop criteria for determining significance. (Pub. Resources Code, § 21099, subd. (b)(1).) This section provides OPR’s suggested thresholds, as well as considerations for lead agencies that choose to adopt their own thresholds. The VMT metric can support the three statutory goals: “the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses.” (Pub. Resources Code, § 21099, subd. (b)(1), emphasis added.) However, in order for it to promote and support all three, lead agencies should select a significance threshold that aligns with state law on all three. State law concerning the development of multimodal transportation networks and diversity of land uses requires planning for and prioritizing increases in complete streets and infill development, but does not mandate a particular depth of implementation that could translate into a particular threshold of significance. Meanwhile, the State has clear quantitative targets for GHG emissions reduction set forth in law and based on scientific consensus, and the depth of VMT reduction needed to achieve those targets has been quantified. Tying VMT thresholds to GHG reduction also supports the two other statutory goals. Therefore, to ensure adequate analysis of transportation impacts, OPR recommends using quantitative VMT thresholds linked to GHG reduction targets when methods exist to do so. Various legislative mandates and state policies establish quantitative greenhouse gas emissions reduction targets. For example: Assembly Bill 32 (2006) requires statewide GHG emissions reductions to 1990 levels by 2020 and continued reductions beyond 2020. Senate Bill 32 (2016) requires at least a 40 percent reduction in GHG emissions from 1990 levels by 2030. Pursuant to Senate Bill 375 (2008), the California Air Resources Board GHG emissions reduction targets for metropolitan planning organizations (MPOs) to achieve based on land use patterns and transportation systems specified in Regional Transportation Plans and Sustainable Community Strategies (RTP/SCS). Current targets for the State’s largest MPOs call for a 19 percent reduction in GHG emissions from cars and light trucks from 2005 emissions levels by 2035. Executive Order B-30-15 (2015) sets a GHG emissions reduction target of 40 percent below 1990 levels by 2030. 9 | Page December 2018 Executive Order S-3-05 (2005) sets a GHG emissions reduction target of 80 percent below 1990 levels by 2050. Executive Order B-16-12 (2012) specifies a GHG emissions reduction target of 80 percent below 1990 levels by 2050 specifically for transportation. Executive Order B-55-18 (2018) established an additional statewide goal of achieving carbon neutrality as soon as possible, but no later than 2045, and maintaining net negative emissions thereafter. It states, “The California Air Resources Board shall work with relevant state agencies to develop a framework for implementation and accounting that tracks progress toward this goal.” Senate Bill 391 requires the California Transportation Plan to support 80 percent reduction in GHGs below 1990 levels by 2050. The California Air Resources Board Mobile Source Strategy (2016) describes California’s strategy for containing air pollutant emissions from vehicles, and quantifies VMT growth compatible with achieving state targets. The California Air Resources Board’s 2017 Climate Change Scoping Plan Update: The Strategy for Achieving California’s 2030 Greenhouse Gas Target describes California’s strategy for containing GHG emissions from vehicles, and quantifies VMT growth compatible with achieving state targets. Considering these various targets, the California Supreme Court observed: Meeting our statewide reduction goals does not preclude all new development. Rather, the Scoping Plan … assumes continued growth and depends on increased efficiency and conservation in land use and transportation from all Californians. Center for Biological Diversity v. California Dept. of Fish & Wildlife, supra, 62 Cal.4th at p. 220.) Indeed, the Court noted that when a lead agency uses consistency with climate goals as a way to determine significance, particularly for long-term projects, the lead agency must consider the project’s effect on meeting long-term reduction goals. (Ibid.) And more recently, the Supreme Court stated that “CEQA requires public agencies . . . to ensure that such analysis stay in step with evolving scientific knowledge and state regulatory schemes.” (Cleveland National Forest Foundation v. San Diego Assn. of Governments (2017) 3 Cal.5th 497, 504.) Meeting the targets described above will require substantial reductions in existing VMT per capita to curb GHG emissions and other pollutants. But targets for overall GHG emissions reduction do not translate directly into VMT thresholds for individual projects for many reasons, including: Some, but not all, of the emissions reductions needed to achieve those targets could be accomplished by other measures, including increased vehicle efficiency and decreased fuel carbon content. The CARB’s First Update to the Climate Change Scoping Plan explains: 10 | Page December 2018 Achieving California’s long-term criteria pollutant and GHG emissions goals will require four strategies to be employed: (1) improve vehicle efficiency and develop zero emission technologies, (2) reduce the carbon content of fuels and provide market support to get these lower-carbon fuels into the marketplace, (3) plan and build communities to reduce vehicular GHG emissions and provide more transportation options, and (4) improve the efficiency and throughput of existing transportation systems.”13 CARB’s 2018 Progress Report on California’s Sustainable Communities and Climate Protection Act states on page 28 that “California cannot meet its climate goals without curbing growth in single-occupancy vehicle activity.” In other words, vehicle efficiency and better fuels are necessary, but insufficient, to address the GHG emissions from the transportation system. Land use patterns and transportation options also will need to change to support reductions in vehicle travel/VMT. New land use projects alone will not sufficiently reduce per-capita VMT to achieve those targets, nor are they expected to be the sole source of VMT reduction. Interactions between land use projects, and also between land use and transportation projects, existing and future, together affect VMT. Because location within the region is the most important determinant of VMT, in some cases, streamlining CEQA review of projects in travel efficient locations may be the most effective means of reducing VMT. When assessing climate impacts of some types of land use projects, use of an efficiency metric e.g., per capita, per employee) may provide a better measure of impact than an absolute numeric threshold. (Center for Biological Diversity, supra.) Public Resources Code section 21099 directs OPR to propose criteria for determining the significance of transportation impacts. In this Technical Advisory, OPR provides its recommendations to assist lead agencies in selecting a significance threshold that may be appropriate for their particular projects. While OPR’s Technical Advisory is not binding on public agencies, CEQA allows lead agencies to “consider thresholds of significance . . . recommended by other public agencies, provided the decision to adopt those thresholds is supported by substantial evidence.” (CEQA Guidelines, § 15064.7, subd. (c).) Based on OPR’s extensive review of the applicable research, and in light of an assessment by the California Air Resources Board quantifying the need for VMT reduction in order to meet the State’s long-term climate goals, OPR recommends that a per capita or per employee VMT that is fifteen percent below that of existing development may be a reasonable threshold. Fifteen percent reductions in VMT are achievable at the project level in a variety of place types.14 Moreover, a fifteen percent reduction is consistent with SB 743’s direction to OPR to select a threshold that will help the State achieve its climate goals. As described above, section 21099 states that the 13 California Air Resources Board (May 2014) First Update to the Climate Change Scoping Plan, p. 46 emphasis added). 14 CAPCOA (2010) Quantifying Greenhouse Gas Mitigation Measures, p. 55, available at http://www.capcoa.org/wp-content/uploads/2010/11/CAPCOA-Quantification-Report-9-14-Final.pdf. 11 | Page December 2018 criteria for determining significance must “promote the reduction in greenhouse gas emissions.” In its document California Air Resources Board 2017 Scoping Plan-Identified VMT Reductions and Relationship to State Climate Goals 15, CARB assesses VMT reduction per capita consistent with its evidence-based modeling scenario that would achieve State climate goals of 40 percent GHG emissions reduction from 1990 levels by 2030 and 80 percent GHG emissions reduction levels from 1990 by 2050. Applying California Department of Finance population forecasts, CARB finds per-capita light-duty vehicle travel would need to be approximately 16.8 percent lower than existing, and overall per-capita vehicle travel would need to be approximately 14.3 percent lower than existing levels under that scenario. Below these levels, a project could be considered low VMT and would, on that metric, be consistent with 2017 Scoping Plan Update assumptions that achieve climate state climate goals. CARB finds per capita vehicle travel would need to be kept below what today’s policies and plans would achieve. CARB’s assessment is based on data in the 2017 Scoping Plan Update and 2016 Mobile Source Strategy. In those documents, CARB previously examined the relationship between VMT and the state’s GHG emissions reduction targets. The Scoping Plan finds: While the State can do more to accelerate and incentivize these local decisions, local actions that reduce VMT are also necessary to meet transportation sector-specific goals and achieve the 2030 target under SB 32. Through developing the Scoping Plan, CARB staff is more convinced than ever that, in addition to achieving GHG reductions from cleaner fuels and vehicles, California must also reduce VMT. Stronger SB 375 GHG reduction targets will enable the State to make significant progress toward needed reductions, but alone will not provide the VMT growth reductions needed; there is a gap between what SB 375 can provide and what is needed to meet the State’s 2030 and 2050 goals.”16 Note that, at present, consistency with RTP/SCSs does not necessarily lead to a less-than-significant VMT impact.17 As the Final 2017 Scoping Plan Update states, VMT reductions are necessary to achieve the 2030 target and must be part of any strategy evaluated in this Plan. Stronger SB 375 GHG reduction targets will enable the State to make significant progress toward this goal, but alone will not provide all of the VMT growth reductions that will be needed. There is a gap between what SB 375 can provide and what is needed to meet the State’s 2030 and 2050 goals.”18 15 California Air Resources Board (Jan. 2019) California Air Resources Board 2017 Scoping Plan-Identified VMT Reductions and Relationship to State Climate Goals, available at https://ww2.arb.ca.gov/resources/documents/carb-2017-scoping-plan-identified-vmt-reductions-and- relationship-state-climate. 16 California Air Resources Board (Nov. 2017) California’s 2017 Climate Change Scoping Plan, p. 101. 17 California Air Resources Board (Feb. 2018) Updated Final Staff Report: Proposed Update to the SB 375 Greenhouse Gas Emission Reduction Targets, Figure 3, p. 35, available at https://www.arb.ca.gov/cc/sb375/sb375_target_update_final_staff_report_feb2018.pdf. 18 California Air Resources Board (Nov. 2017) California’s 2017 Climate Change Scoping Plan, p. 75. 12 | Page December 2018 Also, in order to capture the full effects of induced travel resulting from roadway capacity projects, an RTP/SCS would need to include an assessment of land use effects of those projects, and the effects of those land uses on VMT. (See section titled “Estimating VMT Impacts from Transportation Projects” below.) RTP/SCSs typically model VMT using a collaboratively-developed land use “vision” for the region’s land use, rather than studying the effects on land use of the proposed transportation investments. In summary, achieving 15 percent lower per capita (residential) or per employee (office) VMT than existing development is both generally achievable and is supported by evidence that connects this level of reduction to the State’s emissions goals. 1. Screening Thresholds for Land Use Projects Many agencies use “screening thresholds” to quickly identify when a project should be expected to cause a less-than-significant impact without conducting a detailed study. (See e.g., CEQA Guidelines, §§ 15063(c)(3)(C), 15128, and Appendix G.) As explained below, this technical advisory suggests that lead agencies may screen out VMT impacts using project size, maps, transit availability, and provision of affordable housing. Screening Threshold for Small Projects Many local agencies have developed screening thresholds to indicate when detailed analysis is needed. Absent substantial evidence indicating that a project would generate a potentially significant level of VMT, or inconsistency with a Sustainable Communities Strategy (SCS) or general plan, projects that generate or attract fewer than 110 trips per day19 generally may be assumed to cause a less-than- significant transportation impact. Map-Based Screening for Residential and Office Projects Residential and office projects that locate in areas with low VMT, and that incorporate similar features i.e., density, mix of uses, transit accessibility), will tend to exhibit similarly low VMT. Maps created with VMT data, for example from a travel survey or a travel demand model, can illustrate areas that are 19 CEQA provides a categorical exemption for existing facilities, including additions to existing structures of up to 10,000 square feet, so long as the project is in an area where public infrastructure is available to allow for maximum planned development and the project is not in an environmentally sensitive area. CEQA Guidelines, § 15301, subd. (e)(2).) Typical project types for which trip generation increases relatively linearly with building footprint (i.e., general office building, single tenant office building, office park, and business park) generate or attract an additional 110-124 trips per 10,000 square feet. Therefore, absent substantial evidence otherwise, it is reasonable to conclude that the addition of 110 or fewer trips could be considered not to lead to a significant impact. 13 | Page December 2018 currently below threshold VMT (see recommendations below). Because new development in such locations would likely result in a similar level of VMT, such maps can be used to screen out residential and office projects from needing to prepare a detailed VMT analysis. Figure 2. Example map of household VMT that could be used to delineate areas eligible to receive streamlining for VMT analysis. Source: City of San José, Department of Transportation, draft output of City Transportation Model.) Presumption of Less Than Significant Impact Near Transit Stations Proposed CEQA Guideline Section 15064.3, subdivision (b)(1), states that lead agencies generally should presume that certain projects (including residential, retail, and office projects, as well as projects that are a mix of these uses) proposed within ½ mile of an existing major transit stop20 or an existing stop 20 Pub. Resources Code, § 21064.3 (“‘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 a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.”). 14 | Page December 2018 along a high quality transit corridor21 will have a less-than-significant impact on VMT. This presumption would not apply, however, if project-specific or location-specific information indicates that the project will still generate significant levels of VMT. For example, the presumption might not be appropriate if the project: Has a Floor Area Ratio (FAR) of less than 0.75 Includes more parking for use by residents, customers, or employees of the project than required by the jurisdiction (if the jurisdiction requires the project to supply parking) Is inconsistent with the applicable Sustainable Communities Strategy (as determined by the lead agency, with input from the Metropolitan Planning Organization) Replaces affordable residential units with a smaller number of moderate- or high-income residential units A project or plan near transit which replaces affordable residential units22 with a smaller number of moderate- or high-income residential units may increase overall VMT because the increase in VMT of displaced residents could overwhelm the improvements in travel efficiency enjoyed by new residents.23 If any of these exceptions to the presumption might apply, the lead agency should conduct a detailed VMT analysis to determine whether the project would exceed VMT thresholds (see below). Presumption of Less Than Significant Impact for Affordable Residential Development Adding affordable housing to infill locations generally improves jobs-housing match, in turn shortening commutes and reducing VMT.24,25 Further, “… low-wage workers in particular would be more likely to choose a residential location close to their workplace, if one is available.”26 In areas where existing jobs- housing match is closer to optimal, low income housing nevertheless generates less VMT than market- 21 Pub. Resources Code, § 21155 (“For purposes of this section, a high-quality transit corridor means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours.”). 22 Including naturally-occurring affordable residential units. 23 Chapple et al. (2017) Developing a New Methodology for Analyzing Potential Displacement, Chapter 4, pp. 159-160, available at https://www.arb.ca.gov/research/apr/past/13-310.pdf. 24 Karner and Benner (2016) The convergence of social equity and environmental sustainability: Jobs- housing fit and commute distance (“[P]olicies that advance a more equitable distribution of jobs and housing by linking the affordability of locally available housing with local wage levels are likely to be associated with reduced commuting distances”). 25 Karner and Benner (2015) Low-wage jobs-housing fit: identifying locations of affordable housing shortages. 26 Karner and Benner (2015) Low-wage jobs-housing fit: identifying locations of affordable housing shortages. 15 | Page December 2018 rate housing.27,28 Therefore, a project consisting of a high percentage of affordable housing may be a basis for the lead agency to find a less-than-significant impact on VMT. Evidence supports a presumption of less than significant impact for a 100 percent affordable residential development (or the residential component of a mixed-use development) in infill locations. Lead agencies may develop their own presumption of less than significant impact for residential projects (or residential portions of mixed use projects) containing a particular amount of affordable housing, based on local circumstances and evidence. Furthermore, a project which includes any affordable residential units may factor the effect of the affordability on VMT into the assessment of VMT generated by those units. 2.Recommended Numeric Thresholds for Residential, Office, and Retail Projects Recommended threshold for residential projects: A proposed project exceeding a level of 15 percent below existing VMT per capita may indicate a significant transportation impact. Existing VMT per capita may be measured as regional VMT per capita or as city VMT per capita. Proposed development referencing a threshold based on city VMT per capita (rather than regional VMT per capita) should not cumulatively exceed the number of units specified in the SCS for that city, and should be consistent with the SCS. Residential development that would generate vehicle travel that is 15 or more percent below the existing residential VMT per capita, measured against the region or city, may indicate a less-than- significant transportation impact. In MPO areas, development measured against city VMT per capita rather than regional VMT per capita) should not cumulatively exceed the population or number of units specified in the SCS for that city because greater-than-planned amounts of development in areas above the region-based threshold would undermine the VMT containment needed to achieve regional targets under SB 375. For residential projects in unincorporated county areas, the local agency can compare a residential project’s VMT to (1) the region’s VMT per capita, or (2) the aggregate population-weighted VMT per capita of all cities in the region. In MPO areas, development in unincorporated areas measured against aggregate city VMT per capita (rather than regional VMT per capita) should not cumulatively exceed the population or number of units specified in the SCS for that city because greater-than-planned amounts of development in areas above the regional threshold would undermine achievement of regional targets under SB 375. 27 Chapple et al. (2017) Developing a New Methodology for Analyzing Potential Displacement, available at https://www.arb.ca.gov/research/apr/past/13-310.pdf. 28 CAPCOA (2010) Quantifying Greenhouse Gas Mitigation Measures, pp. 176-178, available at http://www.capcoa.org/wp-content/uploads/2010/11/CAPCOA-Quantification-Report-9-14-Final.pdf. 16 | Page December 2018 These thresholds can be applied to either household (i.e., tour-based) VMT or home-based (i.e., trip- based) VMT assessments.29 It is critical, however, that the agency be consistent in its VMT measurement approach throughout the analysis to maintain an “apples-to-apples” comparison. For example, if the agency uses a home-based VMT for the threshold, it should also be use home-based VMT for calculating project VMT and VMT reduction due to mitigation measures. Because new retail development typically redistributes shopping trips rather than creating new trips,30 estimating the total change in VMT (i.e., the difference in total VMT in the area affected with and without the project) is the best way to analyze a retail project’s transportation impacts. By adding retail opportunities into the urban fabric and thereby improving retail destination proximity, local-serving retail development tends to shorten trips and reduce VMT. Thus, lead agencies generally may presume such development creates a less-than-significant transportation impact. Regional-serving retail development, on the other hand, which can lead to substitution of longer trips for shorter ones, may tend to have a significant impact. Where such development decreases VMT, lead agencies should consider the impact to be less-than-significant. Many cities and counties define local-serving and regional-serving retail in their zoning codes. Lead agencies may refer to those local definitions when available, but should also consider any project- 29 See Appendix 1 for a description of these approaches. 30 Lovejoy, et al. (2013) Measuring the impacts of local land-use policies on vehicle miles of travel: The case of the first big-box store in Davis, California, The Journal of Transport and Land Use. Recommended threshold for retail projects: A net increase in total VMT may indicate a significant transportation impact. Office projects that would generate vehicle travel exceeding 15 percent below existing VMT per employee for the region may indicate a significant transportation impact. In cases where the region is substantially larger than the geography over which most workers would be expected to live, it might be appropriate to refer to a smaller geography, such as the county, that includes the area over which nearly all workers would be expected to live. Office VMT screening maps can be developed using tour-based data, considering either total employee VMT or employee work tour VMT. Similarly, tour-based analysis of office project VMT could consider either total employee VMT or employee work tour VMT. Where tour-based information is unavailable for threshold determination, project assessment, or assessment of mitigation, home-based work trip VMT should be used throughout all steps of the analysis to maintain an “apples-to-apples” comparison. Recommended threshold for office projects: A proposed project exceeding a level of 15 percent below existing regional VMT per employee may indicate a significant transportation impact. 17 | Page December 2018 specific information, such as market studies or economic impacts analyses that might bear on customers’ travel behavior. Because lead agencies will best understand their own communities and the likely travel behaviors of future project users, they are likely in the best position to decide when a project will likely be local-serving. Generally, however, retail development including stores larger than 50,000 square feet might be considered regional-serving, and so lead agencies should undertake an analysis to determine whether the project might increase or decrease VMT. Mixed-Use Projects Lead agencies can evaluate each component of a mixed-use project independently and apply the significance threshold for each project type included (e.g., residential and retail). Alternatively, a lead agency may consider only the project’s dominant use. In the analysis of each use, a project should take credit for internal capture. Combining different land uses and applying one threshold to those land uses may result in an inaccurate impact assessment. Other Project Types Of land use projects, residential, office, and retail projects tend to have the greatest influence on VMT. For that reason, OPR recommends the quantified thresholds described above for purposes of analysis and mitigation. Lead agencies, using more location-specific information, may develop their own more specific thresholds, which may include other land use types. In developing thresholds for other project types, or thresholds different from those recommended here, lead agencies should consider the purposes described in section 21099 of the Public Resources Code and regulations in the CEQA Guidelines on the development of thresholds of significance (e.g., CEQA Guidelines, § 15064.7). Strategies and projects that decrease local VMT but increase total VMT should be avoided. Agencies should consider whether their actions encourage development in a less travel-efficient location by limiting development in travel-efficient locations. Redevelopment Projects Where a project replaces existing VMT-generating land uses, if the replacement leads to a net overall decrease in VMT, the project would lead to a less-than-significant transportation impact. If the project leads to a net overall increase in VMT, then the thresholds described above should apply. As described above, a project or plan near transit which replaces affordable 31 residential units with a smaller number of moderate- or high-income residential units may increase overall VMT, because 31 Including naturally-occurring affordable residential units. 18 | Page December 2018 displaced residents’ VMT may increase.32 A lead agency should analyze VMT for such a project even if it otherwise would have been presumed less than significant. The assessment should incorporate an estimate of the aggregate VMT increase experienced by displaced residents. That additional VMT should be included in the numerator of the VMT per capita assessed for the project. If a residential or office project leads to a net increase in VMT, then the project’s VMT per capita residential) or per employee (office) should be compared to thresholds recommended above. Per capita and per employee VMT are efficiency metrics, and, as such, apply only to the existing project without regard to the VMT generated by the previously existing land use. If the project leads to a net increase in provision of locally-serving retail, transportation impacts from the retail portion of the development should be presumed to be less than significant. If the project consists of regionally-serving retail, and increases overall VMT compared to with existing uses, then the project would lead to a significant transportation impact. RTP/SCS Consistency (All Land Use Projects) Section 15125, subdivision (d), of the CEQA Guidelines provides that lead agencies should analyze impacts resulting from inconsistencies with regional plans, including regional transportation plans. For this reason, if a project is inconsistent with the Regional Transportation Plan and Sustainable Communities Strategy (RTP/SCS), the lead agency should evaluate whether that inconsistency indicates a significant impact on transportation. For example, a development may be inconsistent with an RTP/SCS if the development is outside the footprint of development or within an area specified as open space as shown in the SCS. 3. Recommendations Regarding Land Use Plans As with projects, agencies should analyze VMT outcomes of land use plans across the full area over which the plan may substantively affect travel patterns, including beyond the boundary of the plan or jurisdiction’s geography. And as with projects, VMT should be counted in full rather than split between origin and destination. (Emissions inventories have sometimes spit cross-boundary trips in order to sum to a regional total, but CEQA requires accounting for the full impact without truncation or discounting). Analysis of specific plans may employ the same thresholds described above for projects. A general plan, area plan, or community plan may have a significant impact on transportation if proposed new residential, office, or retail land uses would in aggregate exceed the respective thresholds recommended above. Where the lead agency tiers from a general plan EIR pursuant to CEQA Guidelines sections 15152 and 15166, the lead agency generally focuses on the environmental impacts that are specific to the later project and were not analyzed as significant impacts in the prior EIR. (Pub. Resources Code, § 21068.5; Guidelines, § 15152, subd. (a).) Thus, in analyzing the later project, the lead agency 32 Chapple et al. (2017) Developing a New Methodology for Analyzing Potential Displacement, Chapter 4, pp. 159-160, available at https://www.arb.ca.gov/research/apr/past/13-310.pdf. 19 | Page December 2018 would focus on the VMT impacts that were not adequately addressed in the prior EIR. In the tiered document, the lead agency should continue to apply the thresholds recommended above. Thresholds for plans in non-MPO areas may be determined on a case-by-case basis. 4. Other Considerations Rural Projects Outside of MPOs In rural areas of non-MPO counties (i.e., areas not near established or incorporated cities or towns), fewer options may be available for reducing VMT, and significance thresholds may be best determined on a case-by-case basis. Note, however, that clustered small towns and small town main streets may have substantial VMT benefits compared to isolated rural development, similar to the transit oriented development described above. Impacts to Transit Because criteria for determining the significance of transportation impacts must promote “the development of multimodal transportation networks” pursuant to Public Resources Code section 21099, subd. (b)(1), lead agencies should consider project impacts to transit systems and bicycle and pedestrian networks. For example, a project that blocks access to a transit stop or blocks a transit route itself may interfere with transit functions. Lead agencies should consult with transit agencies as early as possible in the development process, particularly for projects that are located within one half mile of transit stops. When evaluating impacts to multimodal transportation networks, lead agencies generally should not treat the addition of new transit users as an adverse impact. An infill development may add riders to transit systems and the additional boarding and alighting may slow transit vehicles, but it also adds destinations, improving proximity and accessibility. Such development also improves regional vehicle flow by adding less vehicle travel onto the regional network. Increased demand throughout a region may, however, cause a cumulative impact by requiring new or additional transit infrastructure. Such impacts may be adequately addressed through a fee program that fairly allocates the cost of improvements not just to projects that happen to locate near transit, but rather across a region to all projects that impose burdens on the entire transportation system, since transit can broadly improve the function of the transportation system. F. Considering the Effects of Transportation Projects on Vehicle Travel Many transportation projects change travel patterns. A transportation project which leads to additional vehicle travel on the roadway network, commonly referred to as “induced vehicle travel,” would need to quantify the amount of additional vehicle travel in order to assess air quality impacts, greenhouse gas emissions impacts, energy impacts, and noise impacts. Transportation projects also are required to 20 | Page December 2018 examine induced growth impacts under CEQA. (See generally, Pub. Resources Code, §§ 21065 [defining project” under CEQA as an activity as causing either a direct or reasonably foreseeable indirect physical change], 21065.3 [defining “project-specific effect” to mean all direct or indirect environmental effects], 21100, subd. (b) [required contents of an EIR].) For any project that increases vehicle travel, explicit assessment and quantitative reporting of the amount of additional vehicle travel should not be omitted from the document; such information may be useful and necessary for a full understanding of a project’s environmental impacts. (See Pub. Resources Code, §§ 21000, 21001, 21001.1, 21002, 21002.1 discussing the policies of CEQA].) A lead agency that uses the VMT metric to assess the transportation impacts of a transportation project may simply report that change in VMT as the impact. When the lead agency uses another metric to analyze the transportation impacts of a roadway project, changes in amount of vehicle travel added to the roadway network should still be analyzed and reported.33 While CEQA does not require perfection, it is important to make a reasonably accurate estimate of transportation projects’ effects on vehicle travel in order to make reasonably accurate estimates of GHG emissions, air quality emissions, energy impacts, and noise impacts. (See, e.g., California Clean Energy Com. v. City of Woodland (2014) 225 Cal.App.4th 173, 210 [EIR failed to consider project’s transportation energy impacts]; Ukiah Citizens for Safety First v. City of Ukiah (2016) 248 Cal.App.4th 256, 266.) Appendix 2 describes in detail the causes of induced vehicle travel, the robust empirical evidence of induced vehicle travel, and how models and research can be used in conjunction to quantitatively assess induced vehicle travel with reasonable accuracy. If a project would likely lead to a measurable and substantial increase in vehicle travel, the lead agency should conduct an analysis assessing the amount of vehicle travel the project will induce. Project types that would likely lead to a measurable and substantial increase in vehicle travel generally include: Addition of through lanes on existing or new highways, including general purpose lanes, HOV lanes, peak period lanes, auxiliary lanes, or lanes through grade-separated interchanges Projects that would not likely lead to a substantial or measurable increase in vehicle travel, and therefore generally should not require an induced travel analysis, include: Rehabilitation, maintenance, replacement, safety, and repair projects designed to improve the condition of existing transportation assets (e.g., highways; roadways; bridges; culverts; Transportation Management System field elements such as cameras, message signs, detection, or signals; tunnels; transit systems; and assets that serve bicycle and pedestrian facilities) and that do not add additional motor vehicle capacity Roadside safety devices or hardware installation such as median barriers and guardrails 33 See, e.g., California Department of Transportation (2006) Guidance for Preparers of Growth-related, Indirect Impact Analyses, available at http://www.dot.ca.gov/ser/Growth- related_IndirectImpactAnalysis/GRI_guidance06May_files/gri_guidance.pdf. 21 | Page December 2018 Roadway shoulder enhancements to provide “breakdown space,” dedicated space for use only by transit vehicles, to provide bicycle access, or to otherwise improve safety, but which will not be used as automobile vehicle travel lanes Addition of an auxiliary lane of less than one mile in length designed to improve roadway safety Installation, removal, or reconfiguration of traffic lanes that are not for through traffic, such as left, right, and U-turn pockets, two-way left turn lanes, or emergency breakdown lanes that are not utilized as through lanes Addition of roadway capacity on local or collector streets provided the project also substantially improves conditions for pedestrians, cyclists, and, if applicable, transit Conversion of existing general purpose lanes (including ramps) to managed lanes or transit lanes, or changing lane management in a manner that would not substantially increase vehicle travel Addition of a new lane that is permanently restricted to use only by transit vehicles Reduction in number of through lanes Grade separation to separate vehicles from rail, transit, pedestrians or bicycles, or to replace a lane in order to separate preferential vehicles (e.g., HOV, HOT, or trucks) from general vehicles Installation, removal, or reconfiguration of traffic control devices, including Transit Signal Priority (TSP) features Installation of traffic metering systems, detection systems, cameras, changeable message signs and other electronics designed to optimize vehicle, bicycle, or pedestrian flow Timing of signals to optimize vehicle, bicycle, or pedestrian flow Installation of roundabouts or traffic circles Installation or reconfiguration of traffic calming devices Adoption of or increase in tolls Addition of tolled lanes, where tolls are sufficient to mitigate VMT increase Initiation of new transit service Conversion of streets from one-way to two-way operation with no net increase in number of traffic lanes Removal or relocation of off-street or on-street parking spaces Adoption or modification of on-street parking or loading restrictions (including meters, time limits, accessible spaces, and preferential/reserved parking permit programs) Addition of traffic wayfinding signage Rehabilitation and maintenance projects that do not add motor vehicle capacity Addition of new or enhanced bike or pedestrian facilities on existing streets/highways or within existing public rights-of-way Addition of Class I bike paths, trails, multi-use paths, or other off-road facilities that serve non- motorized travel Installation of publicly available alternative fuel/charging infrastructure Addition of passing lanes, truck climbing lanes, or truck brake-check lanes in rural areas that do not increase overall vehicle capacity along the corridor 22 | Page December 2018 1. Recommended Significance Threshold for Transportation Projects As noted in Section 15064.3 of the CEQA Guidelines, lead agencies for roadway capacity projects have discretion, consistent with CEQA and planning requirements, to choose which metric to use to evaluate transportation impacts. This section recommends considerations for evaluating impacts using vehicle miles traveled. Lead agencies have discretion to choose a threshold of significance for transportation projects as they do for other types of projects. As explained above, Public Resources Code section 21099, subdivision (b)(1), provides that criteria for determining the significance of transportation impacts must promote the reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a diversity of land uses. (Id.; see generally, adopted CEQA Guidelines, § 15064.3, subd. (b) [Criteria for Analyzing Transportation Impacts].) With those goals in mind, OPR prepared and the Agency adopted an appropriate transportation metric. Whether adopting a threshold of significance, or evaluating transportation impacts on a case-by-case basis, a lead agency should ensure that the analysis addresses: Direct, indirect and cumulative effects of the transportation project (CEQA Guidelines, § 15064, subds. (d), (h)) Near-term and long-term effects of the transportation project (CEQA Guidelines, §§ 15063, subd. (a)(1), 15126.2, subd. (a)) The transportation project’s consistency with state greenhouse gas reduction goals (Pub. Resources Code, § 21099)34 The impact of the transportation project on the development of multimodal transportation networks (Pub. Resources Code, § 21099) The impact of the transportation project on the development of a diversity of land uses (Pub. Resources Code, § 21099) The CARB Scoping Plan and the CARB Mobile Source Strategy delineate VMT levels required to achieve legally mandated GHG emissions reduction targets. A lead agency should develop a project-level threshold based on those VMT levels, and may apply the following approach: 1. Propose a fair-share allocation of those budgets to their jurisdiction (e.g., by population); 34 The California Air Resources Board has ascertained the limits of VMT growth compatible with California containing greenhouse gas emissions to levels research shows would allow for climate stabilization. (See The 2017 Climate Change Scoping Plan: The Strategy for Achieving California’s 2030 Greenhouse Gas Target (p. 78, p. 101); Mobile Source Strategy (p. 37).) CARB’s Updated Final Staff Report on Proposed Update to the SB 375 Greenhouse Gas Emission Reduction Targets illustrates that the current Regional Transportation Plans and Sustainable Communities Strategies will fall short of achieving the necessary on-road transportation-related GHG emissions reductions called for in the 2017 Scoping Plan (Figure 3, p. 35). Accordingly, OPR recommends not basing GHG emissions or transportation impact analysis for a transportation project solely on consistency with an RTP/SCS. 23 | Page December 2018 2. Determine the amount of VMT growth likely to result from background population growth, and subtract that from their “budget”; 3. Allocate their jurisdiction’s share between their various VMT-increasing transportation projects, using whatever criteria the lead agency prefers. 2. Estimating VMT Impacts from Transportation Projects CEQA requires analysis of a project’s potential growth-inducing impacts. (Pub. Resources Code, § 21100, subd. (b)(5); CEQA Guidelines, § 15126.2, subd. (d).) Many agencies are familiar with the analysis of growth inducing impacts associated with water, sewer, and other infrastructure. This technical advisory addresses growth that may be expected from roadway expansion projects. Because a roadway expansion project can induce substantial VMT, incorporating quantitative estimates of induced VMT is critical to calculating both transportation and other impacts of these projects. Induced travel also has the potential to reduce or eliminate congestion relief benefits. An accurate estimate of induced travel is needed to accurately weigh costs and benefits of a highway capacity expansion project. The effect of a transportation project on vehicle travel should be estimated using the “change in total VMT” method described in Appendix 1. This means that an assessment of total VMT without the project and an assessment with the project should be made; the difference between the two is the amount of VMT attributable to the project. The assessment should cover the full area in which driving patterns are expected to change. As with other types of projects, the VMT estimation should not be truncated at a modeling or jurisdictional boundary for convenience of analysis when travel behavior is substantially affected beyond that boundary. Transit and Active Transportation Projects Transit and active transportation projects generally reduce VMT and therefore are presumed to cause a less-than-significant impact on transportation. This presumption may apply to all passenger rail projects, bus and bus rapid transit projects, and bicycle and pedestrian infrastructure projects. Streamlining transit and active transportation projects aligns with each of the three statutory goals contained in SB 743 by reducing GHG emissions, increasing multimodal transportation networks, and facilitating mixed use development. Roadway Projects Reducing roadway capacity (for example, by removing or repurposing motor vehicle travel lanes) will generally reduce VMT and therefore is presumed to cause a less-than-significant impact on transportation. Generally, no transportation analysis is needed for such projects. 24 | Page December 2018 Building new roadways, adding roadway capacity in congested areas, or adding roadway capacity to areas where congestion is expected in the future, typically induces additional vehicle travel. For the types of projects previously indicated as likely to lead to additional vehicle travel, an estimate should be made of the change in vehicle travel resulting from the project. For projects that increase roadway capacity, lead agencies can evaluate induced travel quantitatively by applying the results of existing studies that examine the magnitude of the increase of VMT resulting from a given increase in lane miles. These studies estimate the percent change in VMT for every percent change in miles to the roadway system (i.e., “elasticity”).35 Given that lead agencies have discretion in choosing their methodology, and the studies on induced travel reveal a range of elasticities, lead agencies may appropriately apply professional judgment in studying the transportation effects of a particular project. The most recent major study, estimates an elasticity of 1.0, meaning that every percent change in lane miles results in a one percent increase in VMT.36 To estimate VMT impacts from roadway expansion projects: 1. Determine the total lane-miles over an area that fully captures travel behavior changes resulting from the project (generally the region, but for projects affecting interregional travel look at all affected regions). 2. Determine the percent change in total lane miles that will result from the project. 3. Determine the total existing VMT over that same area. 4. Multiply the percent increase in lane miles by the existing VMT, and then multiply that by the elasticity from the induced travel literature: increase in lane miles] x [existing VMT] x [elasticity] = [VMT resulting from the project] A National Center for Sustainable Transportation tool can be used to apply this method: https://ncst.ucdavis.edu/research/tools This method would not be suitable for rural (non-MPO) locations in the state which are neither congested nor projected to become congested. It also may not be suitable for a new road that provides new connectivity across a barrier (e.g., a bridge across a river) if it would be expected to substantially 35 See U.C. Davis, Institute for Transportation Studies (Oct. 2015) Increasing Highway Capacity Unlikely to Relieve Traffic Congestion; Boarnet and Handy (Sept. 2014) Impact of Highway Capacity and Induced Travel on Passenger Vehicle Use and Greenhouse Gas Emissions, California Air Resources Board Policy Brief, available at https://www.arb.ca.gov/cc/sb375/policies/hwycapacity/highway_capacity_brief.pdf. 36 See Duranton and Turner (2011) The Fundamental Law of Road Congestion: Evidence from US cities, available at http://www.nber.org/papers/w15376. 25 | Page December 2018 shorten existing trips. If it is likely to be substantial, the trips-shortening effect should be examined explicitly. The effects of roadway capacity on vehicle travel can also be applied at a programmatic level. For example, in a regional planning process the lead agency can use that program-level analysis to streamline later project-level analysis. (See CEQA Guidelines, § 15168.) A program-level analysis of VMT should include effects of the program on land use patterns, and the VMT that results from those land use effects. In order for a program-level document to adequately analyze potential induced demand from a project or program of roadway capacity expansion, lead agencies cannot assume a fixed land use pattern (i.e., a land use pattern that does not vary in response to the provision of roadway capacity). A proper analysis should account for land use investment and development pattern changes that react in a reasonable manner to changes in accessibility created by transportation infrastructure investments whether at the project or program level). Mitigation and Alternatives Induced VMT has the potential to reduce or eliminate congestion relief benefits, increase VMT, and increase other environmental impacts that result from vehicle travel.37 If those effects are significant, the lead agency will need to consider mitigation or alternatives. In the context of increased travel that is induced by capacity increases, appropriate mitigation and alternatives that a lead agency might consider include the following: Tolling new lanes to encourage carpools and fund transit improvements Converting existing general purpose lanes to HOV or HOT lanes Implementing or funding off-site travel demand management Implementing Intelligent Transportation Systems (ITS) strategies to improve passenger throughput on existing lanes Tolling and other management strategies can have the additional benefit of preventing congestion and maintaining free-flow conditions, conferring substantial benefits to road users as discussed above. G. Analyzing Other Impacts Related to Transportation While requiring a change in the methodology of assessing transportation im pacts, Public Resources Code section 21099 notes that this change “does not relieve a public agency of the requirement to analyze a project’s potentially significant transportation impacts related to air quality, noise, safety, or any other impact associated with transportation.” OPR expects that lead agencies will continue to 37 See National Center for Sustainable Transportation (Oct. 2015) Increasing Highway Capacity Unlikely to Relieve Traffic Congestion, available at http://www.dot.ca.gov/newtech/researchreports/reports/2015/10-12-2015- NCST_Brief_InducedTravel_CS6_v3.pdf; see Duranton and Turner (2011) The Fundamental Law of Road Congestion: Evidence from US cities, available at http://www.nber.org/papers/w15376. 26 | Page December 2018 address mobile source emissions in the air quality and noise sections of an environmental document and the corresponding studies that support the analysis in those sections. Lead agencies should continue to address environmental impacts of a proposed project pursuant to CEQA’s requirements, using a format that is appropriate for their particular project. Because safety concerns result from many different factors, they are best addressed at a programmatic level (i.e., in a general plan or regional transportation plan) in cooperation with local governments, metropolitan planning organizations, and, where the state highway system is involved, the California Department of Transportation. In most cases, such an analysis would not be appropriate on a project- by-project basis. Increases in traffic volumes at a particular location resulting from a project typically cannot be estimated with sufficient accuracy or precision to provide useful information for an analysis of safety concerns. Moreover, an array of factors affect travel demand (e.g., strength of the local economy, price of gasoline), causing substantial additional uncertainty. Appendix B of OPR’s General Plan Guidelines summarizes research which could be used to guide a programmatic analysis under CEQA. Lead agencies should note that automobile congestion or delay does not constitute a significant environmental impact (Pub. Resources Code, §21099(b)(2)), and safety should not be used as a proxy for road capacity. H. VMT Mitigation and Alternatives When a lead agency identifies a significant impact, it must identify feasible mitigation measures that could avoid or substantially reduce that impact. (Pub. Resources Code, § 21002.1, subd. (a).) Additionally, CEQA requires that an environmental impact report identify feasible alternatives that could avoid or substantially reduce a project’s significant environmental impacts. Indeed, the California Court of Appeal recently held that a long-term regional transportation plan was deficient for failing to discuss an alternative which could significantly reduce total vehicle miles traveled. In Cleveland National Forest Foundation v. San Diego Association of Governments, et al. (2017) 17 Cal.App.5th 413, the court found that omission “inexplicable” given the lead agency’s “acknowledgment in its Climate Action Strategy that the state’s efforts to reduce greenhouse gas emissions from on-road transportation will not succeed if the amount of driving, or vehicle miles traveled, is not significantly reduced.” (Cleveland National Forest Foundation, supra, 17 Cal.App.5th at p. 436.) Additionally, the court noted that the project alternatives focused primarily on congestion relief even though “the regional] transportation plan is a long-term and congestion relief is not necessarily an effective long- term strategy.” (Id. at p. 437.) The court concluded its discussion of the alternatives analysis by stating: Given the acknowledged long-term drawbacks of congestion relief alternatives, there is not substantial evidence to support the EIR’s exclusion of an alternative focused primarily on significantly reducing vehicle trips.” (Ibid.) Several examples of potential mitigation measures and alternatives to reduce VMT are described below. However, the selection of particular mitigation measures and alternatives are left to the discretion of 27 | Page December 2018 the lead agency, and mitigation measures may vary, depending on the proposed project and significant impacts, if any. Further, OPR expects that agencies will continue to innovate and find new ways to reduce vehicular travel. Potential measures to reduce vehicle miles traveled include, but are not limited to: Improve or increase access to transit. Increase access to common goods and services, such as groceries, schools, and daycare. Incorporate affordable housing into the project. Incorporate neighborhood electric vehicle network. Orient the project toward transit, bicycle and pedestrian facilities. Improve pedestrian or bicycle networks, or transit service. Provide traffic calming. Provide bicycle parking. Limit or eliminate parking supply. Unbundle parking costs. Provide parking cash-out programs. Implement roadway pricing. Implement or provide access to a commute reduction program. Provide car-sharing, bike sharing, and ride-sharing programs. Provide transit passes. Shifting single occupancy vehicle trips to carpooling or vanpooling, for example providing ride- matching services. Providing telework options. Providing incentives or subsidies that increase the use of modes other than single-occupancy vehicle. Providing on-site amenities at places of work, such as priority parking for carpools and vanpools, secure bike parking, and showers and locker rooms. Providing employee transportation coordinators at employment sites. Providing a guaranteed ride home service to users of non-auto modes. Notably, because VMT is largely a regional impact, regional VMT-reduction programs may be an appropriate form of mitigation. In lieu fees have been found to be valid mitigation where there is both a commitment to pay fees and evidence that mitigation will actually occur. (Save Our Peninsula Committee v. Monterey County Bd. of Supervisors (2001) 87 Cal.App.4th 99, 140-141; Gentry v. City of Murrieta (1995) 36 Cal.App.4th 1359; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 727–728.) Fee programs are particularly useful to address cumulative impacts. (CEQA Guidelines, § 15130, subd. (a)(3) [a “project’s incremental contribution is less than cumulatively considerable if the project is required to implement or fund its fair share of a mitigation measure or measures designed to alleviate the cumulative impact”].) The mitigation program must undergo CEQA evaluation, either on the program as a whole, or the in-lieu fees or other mitigation must be evaluated 28 | Page December 2018 on a project-specific basis. (California Native Plant Society v. County of El Dorado (2009) 170 Cal.App.4th 1026.) That CEQA evaluation could be part of a larger program, such as a regional transportation plan, analyzed in a Program EIR. (CEQA Guidelines, § 15168.) Examples of project alternatives that may reduce vehicle miles traveled include, but are not limited to: Locate the project in an area of the region that already exhibits low VMT. Locate the project near transit. Increase project density. Increase the mix of uses within the project or within the project’s surroundings. Increase connectivity and/or intersection density on the project site. Deploy management strategies (e.g., pricing, vehicle occupancy requirements) on roadways or roadway lanes. 29 | Page December 2018 Appendix 1. Considerations About Which VMT to Count Consistent with the obligation to make a good faith effort to disclose the environmental consequences of a project, lead agencies have discretion to choose the most appropriate methodology to evaluate project impacts.38 A lead agency can evaluate a project’s effect on VMT in numerous ways. The purpose of this document is to provide technical considerations in determining which methodology may be most useful for various project types. Background on Estimating Vehicle Miles Traveled Before discussing specific methodological recommendations, this section provides a brief overview of modeling and counting VMT, including some key terminology. Here is an illustrative example of some methods of estimating vehicle miles traveled. Consider the following hypothetical travel day (all by automobile): 1. Residence to Coffee Shop 2. Coffee Shop to Work 3. Work to Sandwich Shop 4. Sandwich Shop to Work 5. Work to Residence 6. Residence to Store 7. Store to Residence Trip-based assessment of a project’s effect on travel behavior counts VMT from individual trips to and from the project. It is the most basic, and traditionally the most common, method of counting VMT. A trip-based VMT assessment of the residence in the above example would consider segments 1, 5, 6 and 7. For residential projects, the sum of home-based trips is called home-based VMT. A tour-based assessment counts the entire home-back-to-home tour that includes the project. A tour- based VMT assessment of the residence in the above example would consider segments 1, 2, 3, 4, and 5 in one tour, and 6 and 7 in a second tour. A tour-based assessment of the workplace would include segments 1, 2, 3, 4, and 5. Together, all tours comprise household VMT. 38 The California Supreme Court has explained that when an agency has prepared an environmental impact report: T]he issue is not whether the [lead agency’s] studies are irrefutable or whether they could have been better. The relevant issue is only whether the studies are sufficiently credible to be considered as part of the total evidence that supports the [lead agency’s] finding[.] Laurel Heights Improvement Assn. v. Regents of the University of California (1988) 47 Cal.3d 376, 409; see also Eureka Citizens for Responsible Gov’t v. City of Eureka (2007) 147 Cal.App.4th 357, 372.) 30 | Page December 2018 Both trip- and tour-based assessments can be used as measures of transportation efficiency, using denominators such as per capita, per employee, or per person-trip. Trip- and Tour-based Assessment of VMT As illustrated above, a tour-based assessment of VMT is a more complete characterization of a project’s effect on VMT. In many cases, a project affects travel behavior beyond the first destination. The location and characteristics of the home and workplace will often be the main drivers of VMT. For example, a residential or office development located near high quality transit will likely lead to some commute trips utilizing transit, affecting mode choice on the rest of the tour. Characteristics of an office project can also affect an employee’s VMT beyond the work tour. For example, a workplace located at the urban periphery, far from transit, can require an employee to own a car, which in turn affects the entirety of an employee’s travel behavior and VMT. For this reason, when estimating the effect of an office development on VMT, it may be appropriate to consider total employee VMT if data and tools, such as tour-based models, are available. This is consistent with CEQA’s requirement to evaluate both direct and indirect effects of a project. (See CEQA Guidelines, § 15064, subd. (d)(2).) Assessing Change in Total VMT A third method, estimating the change in total VMT with and without the project, can evaluate whether a project is likely to divert existing trips, and what the effect of those diversions will be on total VMT. This method answers the question, “What is the net effect of the project on area VMT?” As an illustration, assessing the total change in VMT for a grocery store built in a food desert that diverts trips from more distant stores could reveal a net VMT reduction. The analysis should address the full area over which the project affects travel behavior, even if the effect on travel behavior crosses political boundaries. Using Models to Estimate VMT Travel demand models, sketch models, spreadsheet models, research, and data can all be used to calculate and estimate VMT (see Appendix F of the preliminary discussion draft). To the extent possible, lead agencies should choose models that have sensitivity to features of the project that affect VMT. Those tools and resources can also assist in establishing thresholds of significance and estimating VMT reduction attributable to mitigation measures and project alternatives. When using models and tools for those various purposes, agencies should use comparable data and methods, in order to set up an apples-to-apples” comparison between thresholds, VMT estimates, and VMT mitigation estimates. Models can work together. For example, agencies can use travel demand models or survey data to estimate existing trip lengths and input those into sketch models such as CalEEMod to achieve more 31 | Page December 2018 accurate results. Whenever possible, agencies should input localized trip lengths into a sketch model to tailor the analysis to the project location. However, in doing so, agencies should be careful to avoid double counting if the sketch model includes other inputs or toggles that are proxies for trip length (e.g., distance to city center). Generally, if an agency changes any sketch model defaults, it should record and report those changes for transparency of analysis. Again, trip length data should come from the same source as data used to calculate thresholds to be sure of an “apples-to-apples” comparison. Additional background information regarding travel demand models is available in the California Transportation Commission’s “2010 Regional Transportation Plan Guidelines,” beginning at page 35. 32 | Page December 2018 Appendix 2. Induced Travel: Mechanisms, Research, and Additional Assessment Approaches Induced travel occurs where roadway capacity is expanded in an area of present or projected future congestion. The effect typically manifests over several years. Lower travel times make the modified facility more attractive to travelers, resulting in the following trip-making changes: Longer trips. The ability to travel a long distance in a shorter time increases the attractiveness of destinations that are farther away, increasing trip length and vehicle travel. Changes in mode choice. When transportation investments are devoted to reducing automobile travel time, travelers tend to shift toward automobile use from other modes, which increases vehicle travel. Route changes. Faster travel times on a route attract more drivers to that route from other routes, which can increase or decrease vehicle travel depending on whether it shortens or lengthens trips. Newly generated trips. Increasing travel speeds can induce additional trips, which increases vehicle travel. For example, an individual who previously telecommuted or purchased goods on the internet might choose to accomplish those tasks via automobile trips as a result of increased speeds. Land Use Changes. Faster travel times along a corridor lead to land development farther along that corridor; that new development generates and attracts longer trips, which increases vehicle travel. Over several years, this induced growth component of induced vehicle travel can be substantial, making it critical to include in analyses. Each of these effects has implications for the total amount of vehicle travel. These effects operate over different time scales. For example, changes in mode choice might occur immediately, while land use changes typically take a few years or longer. CEQA requires lead agencies to analyze both short-term and long-term effects. Evidence of Induced Vehicle Travel. A large number of peer reviewed studies 39 have demonstrated a causal link between highway capacity increases and VMT increases. Many provide quantitative estimates of the magnitude of the induced VMT phenomenon. Collectively, they provide high quality evidence of the existence and magnitude of the induced travel effect. 39 See, e.g., Boarnet and Handy (Sept. 2014) Impact of Highway Capacity and Induced Travel on Passenger Vehicle Use and Greenhouse Gas Emissions, California Air Resources Board Policy Brief, available at https://www.arb.ca.gov/cc/sb375/policies/hwycapacity/highway_capacity_brief.pdf; National Center for Sustainable Transportation (Oct. 2015) Increasing Highway Capacity Unlikely to Relieve Traffic Congestion, available at http://www.dot.ca.gov/research/researchreports/reports/2015/10-12-2015- NCST_Brief_InducedTravel_CS6_v3.pdf. 33 | Page December 2018 Most of these studies express the amount of induced vehicle travel as an “elasticity,” which is a multiplier that describes the additional vehicle travel resulting from an additional lane mile of roadway capacity added. For example, an elasticity of 0.6 would signify an 0.6 percent increase in vehicle travel for every 1.0 percent increase in lane miles. Many of these studies distinguish “short run elasticity” increase in vehicle travel in the first few years) from “long run elasticity” (increase in vehicle travel beyond the first few years). Long run elasticity is larger than short run elasticity, because as time passes, more of the components of induced vehicle travel materialize. Generally, short run elasticity can be thought of as excluding the effects of land use change, while long run elasticity includes them. Most studies find a long run elasticity between 0.6 and just over 1.0,40 meaning that every increase in lanes miles of one percent leads to an increase in vehicle travel of 0.6 to 1.0 percent. The most recent major study finds the elasticity of vehicle travel by lanes miles added to be 1.03; in other words, each percent increase in lane miles results in a 1.03 percent increase in vehicle travel.41 (An elasticity greater than 1.0 can occur because new lanes induce vehicle travel that spills beyond the project location.) In CEQA analysis, the long-run elasticity should be used, as it captures the full effect of the project rather than just the early-stage effect. Quantifying Induced Vehicle Travel Using Models. Lead agencies can generally achieve the most accurate assessment of induced vehicle travel resulting from roadway capacity increasing projects by applying elasticities from the academic literature, because those estimates include vehicle travel resulting from induced land use. If a lead agency chooses to use a travel demand model, additional analysis would be needed to account for induced land use. This section describes some approaches to undertaking that additional analysis. Proper use of a travel demand model can capture the following components of induced VMT: Trip length (generally increases VMT) Mode shift (generally shifts from other modes toward automobile use, increasing VMT) Route changes (can act to increase or decrease VMT) Newly generated trips (generally increases VMT) o Note that not all travel demand models have sensitivity to this factor, so an off-model estimate may be necessary if this effect could be substantial. However, estimating long-run induced VMT also requires an estimate of the project’s effects on land use. This component of the analysis is important because it has the potential to be a large component of 40 See Boarnet and Handy (Sept. 2014) Impact of Highway Capacity and Induced Travel on Passenger Vehicle Use and Greenhouse Gas Emissions, California Air Resources Board Policy Brief, p. 2, available at https://www.arb.ca.gov/cc/sb375/policies/hwycapacity/highway_capacity_brief.pdf. 41 Duranton and Turner (2011) The Fundamental Law of Road Congestion: Evidence from US cities, available at http://www.nber.org/papers/w15376. 34 | Page December 2018 the overall induced travel effect. Options for estimating and incorporating the VMT effects that are caused by the subsequent land use changes include: 1. Employ an expert panel. An expert panel could assess changes to land use development that would likely result from the project. This assessment could then be analyzed by the travel demand model to assess effects on vehicle travel. Induced vehicle travel assessed via this approach should be verified using elasticities found in the academic literature. 2. Adjust model results to align with the empirical research. If the travel demand model analysis is performed without incorporating projected land use changes resulting from the project, the assessed vehicle travel should be adjusted upward to account for those land use changes. The assessed VMT after adjustment should fall within the range found in the academic literature. 3. Employ a land use model, running it iteratively with a travel demand model. A land use model can be used to estimate the land use effects of a roadway capacity increase, and the traffic patterns that result from the land use change can then be fed back into the travel demand model. The land use model and travel demand model can be iterated to produce an accurate result. A project which provides new connectivity across a barrier, such as a new bridge across a river, may provide a shortened path between existing origins and destinations, thereby shortening existing trips. In rare cases, this trip-shortening effect might be substantial enough to reduce the amount of vehicle travel resulting from the project below the range found in the elasticities in the academic literature, or even lead a net reduction in vehicle travel overall. In such cases, the trip-shortening effect could be examined explicitly. Whenever employing a travel demand model to assess induced vehicle travel, any limitation or known lack of sensitivity in the analysis that might cause substantial errors in the VMT estimate (for example, model insensitivity to one of the components of induced VMT described above) should be disclosed and characterized, and a description should be provided on how it could influence the analysis results. A discussion of the potential error or bias should be carried into analyses that rely on the VMT analysis, such as greenhouse gas emissions, air quality, energy, and noise. TO: Honorable Chair and Members of the Planning Commission FROM: Cheri Flores, Planning Manager DATE: June 23, 2020 SUBJECT: PROJECT UPDATES As of June 17, City Hall has opened with limited access. Telephonic and on- line services for permits, plan check, application submittals, payments, and inspection appointments remain as options for conducting business. In- person consultation is available by appointment only and staff is still on a staggered schedule to comply with social distancing requirements. Face coverings are required for anyone entering the building and glass partitions have been installed at the public counters to limit exposure to COVID-19. Social distancing of 6 ft. between persons in the lobby and at the counter is also required. A thermal camera is located at the entrance to monitor the temperatures of all City employees and members of the public entering the building. Staff continues to work on existing development projects and an update of these is summarized below. Pavilion Palms Shopping Center project The public hearing was continued to July 7 in light of constraints to site plan preparation due to COVID-19 orders. At this time, revisions to the site plan do not require recirculation to the Commission. Staff Level Approval projects Dutch Bros Coffee Shop: An application was received in April for a Site Development Permit to construct a new double-drive through coffee shop with no indoor dinning, west of Jefferson Street and south of Fred Warning. The application is currently under design review. The applicant has submitted construction plans as well. Update on recently approved projects Tampico Starbucks: The project is currently in building plan check. Staff has approved their sign program and landscape plan. Casa Mendoza: Staff recently approved a Modification by Applicant to add a canopy to the outdoor patio. STAFF ITEM NO. 1 2 Upcoming projects for Commission consideration are summarized below. Jefferson Apartments: Applications were received in early March for a new 40-unit apartment project located at the southeast corner of Jefferson Street and Palm Circle Drive, location of the formerly approved Villas at Indian Springs project. The applicant wishes to change the residential product from 16 single-family residences to 40 multi-family apartments. The applications are now under design review and are not anticipated to come before the Commission for another 6-8 months. The Wave at Coral Mountain: The project consists of a Specific Plan to allow for a 15-acre wave pool with an associated hotel/hospitality component, 600 residential units, a neighborhood commercial center and a community farm. Staff continues to work with the applicant in preparing their environmental documentation and special studies. The applications are still under completeness review at this time. It is anticipated that the applications will come before the Commission in late 2020. Travertine: The project consists of a Specific Plan amendment to reduce the number of residential units from 2,300 to 1,200, reduce hotel rooms from 500 to 100 and reorganize land use patterns on the site. Staff continues to work with the applicant in preparing the environmental documentation for the project. The applications are still under completeness review at this time. It is anticipated that these applications will come before the Commission in early 2021. Highway 111 Cell Tower: An application was received in April for a Conditional Use Permit to construct an 84’ mono-eucalyptus cell tower located in the rear of the Extra Space Storage facility, east of Adams and north of Highway 111. The application is still under completeness review at this time. Staff does not yet have an estimate when it will come before the Commission. Mountain View Country Club Cell Tower: An application was received in April for a Conditional Use Permit to construct a 70’ monopalm cell tower within the Mountain View Country Club clubhouse area, east of Jefferson Street and south of Avenue 50. The application is under completeness review and staff does not yet have an estimate when it will come before the Commission. Hideaway Cell Tower: An application was received in May for a Conditional Use Permit to construct a roof-top cell facility at the Hideaway Clubhouse located west of Jefferson Street and south of Avenue 50. The application is under completeness review and staff does not yet have an estimate when it will come before the Commission.