Implementing California’s Climate Change Legislation: The City of Sacramento General Plan

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  • Attorney General’s Office Intervention (AB 32)AB 32 is being used by the Attorney General’s Office to begin forcing local governments to mitigate for climate change and GHG emissions reductions in CEQA for both projects (mostly energy-related projects) and general plans.Notable Attorney General’s Office efforts include a lawsuit against the draft San Bernidino County General Plan EIR in 2007 and a settlement agreement with the adopted City of Stockton 2035 General Plan in 2008 (additional information on the Attorney General’s office efforts later in this presentation)Draft CEQA Guidelines (SB 97) Draft guidelines issued in 2008Revised draft guidelines were issued for review and comment in January 2009Executive Order S-13-08Calls for the State’s management of climate change impacts from sea level rise, increased temperatures, shifting precipitation, and extreme weather eventsIncludes four key actions:Initiate a statewide climate change adaptation strategy by early 2009 that will asses the expected impacts, identify vulnerabilities, and recommend adaptation policiesRequest that the National Academy of Science establish an expert panel to report on sea level rise impacts in CaliforniaIssue interim guidance to State agencies for how to plan for sea level rise in coastal and floodplain areas for new projectsInitiate a report on critical existing or planned infrastructure projects vulnerable to sea level riseCould initiate the next sequence of State legislation on climate change, regarding mitigating and addressing expected impactsCould be the basis for CEQA-related lawsuits for not adequately addressing or being consistent
  • ResponsibilityCalifornia Air Resources Board (CARB) (AB 32) and Climate Action Team (CAT) (S-20-06)Major ElementsEstablishes 1990 GHG levels and 2020 reduction targets2020 targets represent a 10% percent reduction from current levelsRequires reporting and verification of statewide GHG emissions Achieve the maximum technologically feasible and cost-effective GHG emission reductionsMonitoring and enforcement of adopted plans and programsScoping PlanMarket-based compliance mechanisms (e.g., emissions trading, cap-and-trade)May adopt additional GHG emission limits or emission reduction measures prior to January 1, 2011, imposing those limits or measures prior to January 1, 2012, or providing early reduction credit where appropriateWill be used by CARB to issue GHG reduction targets called for under SB 375
  • Pursuing climate change-related effortsUsing state legislation (i.e., AB 32) to enforce climate change issuesEnforcing climate change legislation prior to full implementation (i.e., SB 97 CEQA Guidelines to address climate change)Raising the bar every few months for what constitutes and adequate respons. Moving target that continues to evolve and become more sophisticated and demanding what is required for projects and CEQA documentsCalling for environmental review documents to: find projects contribute to global warming; analyze and mitigate for climate change; and reduce GHG emissionsCEQA comment lettersIssued on environmental review documents and plans that do not adequately address climate change mitigation and GHG reductions First letter sent March 2006 on the Orange County Transportation Plan45 comment letters, so far…General Plans (10)Transportation Plans (RTPs) (9)Energy projects (9)Dairies (2)Planning/Development Projects (12)Other (3)Mitigation measuresIncludes measures that may reduce the global warming related impacts of a project, organized into 2 major parts:Measures for projects that will have significant global warming related effects (e.g., Energy Generation Plant) GHG reduction measures for general plans or larger scale plans, including regional plans (e.g., blueprint plans), and in specific plans. Intended to help to ensure more sustainable project-specific development.Has pushed for general plans to include a Climate Action Plan that establishes a GHG emissions reduction targetClimate Action PlansNo clear direction/guidelines from the State on what should be included.Generally should address or include:Estimates current and past (i.e., 1990) GHG emissionsProjections for future (e.g.,2020 or 2050) GHG emissions reduction targets consistent with State mandates and the General Plan horizonGoals, policies, and programs to reduce GHG emissions and adapt or cope with the impacts of climate changeCan be a stand-alone plan, adopted as part of the General Plan (i.e., new element, chapter, or part), or incorporated in the various General Plan elements
  • San Bernardino County Lawsuit/Settlement Agreement (2007)Add a policy that describes the County’s goal of reducing GHG emissions and calls for adoption of a GHG Emissions Reduction Plan.Prepare a GHG Emissions Reduction Plan that includes: GHG emission sources1990 and current GHG emissions inventoriesProjected 2020 GHG emissionsGHG emissions reduction targetCompliance with AB 32Conduct environmental review of the GHG Emissions Reduction PlanImplement GPAs and GHG Emissions Reduction Plan within 30 months of execution of the agreementConduct environmental review and adopt measures to control the emissions of diesel engine exhaust within 12 months of the execution of the agreement Ensure that the Attorney General’s office will not sue during implementation of the agreementOffers assistance of the Attorney General’s office in obtaining funding for implementation of the agreement
  • City of Stockton Settlement Agreement (2008)Much more detailed and demanding from what was required of San Bernidino CountyEstablish a volunteer Climate Action Plan advisory committeeConduct annual monitoring of agreement implementationPrepare a Climate Action Plan, within 24 months of execution of the agreement, that includes:Current (2008), 1990, and 2030 GHG emissions2020 GHG emissions reduction targetsGoal to reduce per capita vehicle miles travelled (VMT), VMT monitoring mechanism, and annual VMT reporting to the City CouncilSpecific tools and strategies to reduce current and projected GHG emissions to meet GHG emissions targets including:Adopt a green building ordinance within 12 months of execution of the agreementAdopt ordinance(s) that will require the reduction of the GHG emissions of existing housing units on any occasion when a permit to make substantial modifications to an existing housing unit is issued by the City.Explore local assessment districts or other financing mechanism to fund voluntary actions by owners of commercial and residential buildings to undertake energy efficiency measures, install solar rooftop panels, install “cool” (highly reflective) roofs, and take other measures to reduce GHG emissionsExplore requiring GHG-reducing retrofits on existing sources of GHG emissions as potential mitigation measures in CEQA processesAt least every five years review green building requirements and update them consistent with those achieved by the top (best-performing) 25% of city green building measures in the state.Adopt a transit program, based upon a transit gap study (TGS), within 12 months of execution of the agreement. The TGS will include measures to support transit services and operations, including any ordinances or general plan amendments needed to implement the transit program and be commenced within 120 days of the Effective Date.Housing or development projects must be internally accessible by vehicles, transit, bicycles, and pedestrians; allow access to adjacent neighborhoods and developments by all such modes of transportation; provide financial or other support for transit; and be of a density that supports transit use.Amend the General Plan within 12 months to:Require at least 4,400 units of Stockton’s new housing growth to be located in Greater Downtown Stockton with the goal of approving 3,000 units by 2020Require at least an additional 14,000 of Stockton’s new housing units to be located within the City limits (2008)Provide incentives to promote infill development in Greater Downtown Stockton and City limitsEnsure that growth outside the City limits is balanced with infill developmentLimits the granting of entitlements for development projects outside the existing City limitsAdhere to early protection actions ensuring that near-term development mitigates for GHG emissions and is approved in accordance with the intent of the agreementEnsure that the Attorney General’s office will not sue during implementation of the agreementOffers assistance of the Attorney General’s office in obtaining funding for implementation of the agreement
  • GHG Reduction TargetsEstablishes GHG reduction targets for 2020 and 2035 for the states 17 MPOsRHNAIntegrates RHNA with transportation linking mandatory housing element requirements with transportation fundingTimingLinks the update cycles for Regional Transportation Plans (RTP) and Housing Elements/RHNASustainable Communities Strategies (SCS)/Alternative Planning Strategies (APS)Requires MPOs to prepare plans for reducing GHG emissions through land use and transportationIntended describes region's plan for reducing GHGs from automobiles and light trucks through integrated transportation, land use, and housingSB 375 does not specifically require that the SCS attain those GHG reductions assigned(see subsequent slides for a detailed description)CEQA StreamliningProvides incentives through CEQA streamlining for projects that are consistent with the SCS or APSTransportation FundingLinks transportation funding with GHG reduction targets and RHNADecisions about the allocation of transportation funds must be consistent with the RTP (SCS) Does not change any current transportation funding formulas (e.g., county minimums for the State Transportation Improvement Program (STIP))
  • Part 4, Administration and ImplementationLays-out specific implementation programs that implement Citywide and Community Plan policies.Includes categories of implementation.Ensures frequent maintenance and monitoring (i.e., annual review and report and 5-year review and update).Calls for development of a “Livability Index” to monitor and assess implementation of the 2030 General Plan.
  • Categories of ImplementationEach policy and implementation program identified by one or more categories (i.e., implementation “tags”).“Tags” are represented by a set of letters at the end of each policy or program that correspond to a category.Used to determine the tools the City will use to carry out policies and programs.Ensures that each policy is linked to one or more implementation program(s) or tools.Categories of implementation (eight):Regulation and Development Review (RDR)City Master Plans, Strategies, and Programs (MPSP)Financing and Budgeting (FB)Planning Studies and Reports (PSR)City Services and Operations (SO)Inter-governmental Coordination (IGC)Joint Partnerships with the Private Sector (JP)Public Information (PI)
  • Implementation ProgramsOrganized according to General Plan element.Are specific and tangible with a defined beginning and end that can be measured and reported.Annual review and reporting ensure that program implementation is tracked.Implementation Program FormatFormatted in a table.Each program is cross-referenced to the policy(ies) it implements.Identifies the City department responsible for carrying out the program and the departments that will support the responsible department.Includes a timeline for when the program is expected, not required, to be completed.
  • Livability IndexThe Livability Index is an indicators program that measures the City’s success at reaching the Vision and Guiding Principles.Had major support and direction by the former Mayor, Heather Fargo.It will measure the effectiveness and status of the 2030 General Plan policies and programs.Tracks key livability factors:EconomyHealth of residentsQuality of lifeReviewed and updated annually in conjunction with the annual General Plan review and report.Will be used by the City to help establish priorities in the City’s budget cycle.
  • Implementing California’s Climate Change Legislation: The City of Sacramento General Plan

    1. 1. Implementing California’s Climate Change Legislation: The City of Sacramento General Plan<br />American Planning Association<br />Woodie Tescher, Principal Technical Professional, PBS&J<br />J. Laurence Mintier, Principal, Mintier Harnish<br />Stephen Hammond, Principal, WRT/Wallace Roberts & Todd<br />
    2. 2. Our Session…<br />Context: California’s Climate Change Legislation<br />Implementing the Legislation through the Comprehensive/General Plan<br />Implementing the Plan<br />
    3. 3. LEGISLATIVE CONTEXT<br />California’s Climate Change Legislation: <br />The City of Sacramento General Plan<br />
    4. 4. Major Actions Addressing Climate Change<br />San Bernardino County Lawsuit<br />City of Stockton Settlement Agreement<br />AG’s Office Intervention<br />Executive Order<br />S-3-05<br />AB 32<br />Draft CEQA Guidelines<br />SB 97<br />SB 375<br />Executive Order S-20-06<br />Executive Order<br />S-13-08<br />
    5. 5. AB 32 – Global Warming Solutions Act<br />California Air Resources Board (CARB) and the Climate Action Team (CAT)<br />1990 GHG emissions and 2020 GHG reduction targets<br />Reporting and verification<br />Maximum technologically feasible and cost effective measures<br />Monitoring and enforcement<br />Scoping Plan<br />Market-based compliance mechanisms<br />Additional limits<br />
    6. 6. Attorney General’s Office Efforts<br />Pursuing climate change-related efforts<br />CEQA comment letters<br />Mitigation measures<br />Climate Action Plans<br />
    7. 7. Attorney General’s Office Efforts<br />San Bernardino County lawsuit/Settlement Agreement<br />Add new policies<br />GHG Emissions Reduction Plan<br />Diesel engine exhaust controls <br />
    8. 8. Attorney General’s Office Efforts<br />City of Stockton settlement agreement<br />Climate Action Plan/Advisory Committee<br />Reduce VMT<br />Green building ordinance<br />Financing mechanisms <br />Transit Program<br />Infill targets and balanced growth<br />Early protection actions<br />
    9. 9. SB 375 Major Components<br />GHG reduction targets<br />Regional Transportation Plans (RTPs) <br />Sustainable Communities Strategy (SCS) <br />Alternative Planning Strategies (APS)<br />Housing Element Reform<br />Links timing of RTP and RHNA/Housing Elements<br />Incentives not Regulations<br />CEQA streamlining<br />Transportation funding<br />
    10. 10. What is SB 375?<br />…its an “everything bill” crammed into one…and I have to implement it!<br />It’s a Housing Reform Bill!<br />It’s a Climate Change Bill!<br />SB 375<br />Housing<br />MPO<br />CARB<br />Enviros<br />Planner<br />Builders<br />It’s a Growth Control Bill!<br />It’s a Land Use Bill!<br />It’s a CEQA Reform Bill!<br />
    11. 11. SACOG Blueprint Process<br /><ul><li>Sacramento Area Council of Governments
    12. 12. Extensive public outreach effort
    13. 13. Adopted by SACOG in 2004
    14. 14. Endorsed by SACOG’s cities and counties</li></li></ul><li>SACOG Blueprint<br />Growth Principles<br /><ul><li>Transportation Choices
    15. 15. Mixed Use Developments
    16. 16. Compact Development
    17. 17. Housing Choice and Diversity
    18. 18. Use of Existing Assets
    19. 19. Quality Design
    20. 20. Natural Resources Conservation</li></li></ul><li>2030 General Plan & SACOG Blueprint<br /><ul><li>Common Themes and Principles
    21. 21. Focus on Infill
    22. 22. Encouraging Mixed-use, Compact Development
    23. 23. Moving People, not Cars
    24. 24. 2050 Blueprint vs 2030 General Plan
    25. 25. 2035 MTP
    26. 26. Taking the Blueprint Further
    27. 27. More infill, smaller footprint</li></li></ul><li>Implementing the Legislation:comprehensive plans<br />California’s Climate Change Legislation:<br />The City of Sacramento General Plan<br />
    28. 28. Our Challenge…<br />Land Use<br />Housing<br />CLIMATE<br />CHANGE<br />Greenhouse Gas Reduction<br />Circulation/Mobility<br />Conservation<br />Adaptation<br />Open Space<br />Safety<br />Noise<br />Permissive Elements<br />
    29. 29. Strategies…<br />Land Use: Compact Growth, Infill, Mixed-Use, & TOD<br />Land Use & Mobility: Walkable Streets<br />Conservation & Infrastructure: Alternative Energy<br />Land Use & Conservation: Green Buildings<br />Mobility: Transit<br />Open Space & Safety: Flooding & Habitat<br />Mobility: Alternative Fuel Vehicles<br />Conservation: Community Gardens<br />
    30. 30. Our Solution…<br />Address in all relevant elements of the General Plan<br />Describe climate change as an overarching theme of the General Plan<br />Incorporate a matrix correlating climate change objectives with applicable policies<br />
    31. 31. Our Solution…<br />Overarching Plan Themes<br />Making Great Places<br />Growing Smarter<br />Maintaining a Vibrant Economy<br />Creating a Healthy City<br />Living Lightly-Reducing Our “Carbon Footprint”<br />Developing a Sustainable Future<br />
    32. 32. Our Solution…<br />
    33. 33. Our Solution…<br />
    34. 34. Land Use<br />The illustration to the left identifies the relative <br />amount of change that is expected to occur through 2030 in different parts of the city as follows:<br /><ul><li>Open Space.These areas are expected to remain in open space use such as agriculture, habitat protection, or regional recreation.
    35. 35. Preserve and Enhance.These areas are expected to retain their current form and character, but will experience some minor infill and reuse consistent with their current form and character.
    36. 36. Improve and Evolve. These areas are expected to experience significant change through infill, reuse, and redevelopment.
    37. 37. Transformation - Urban. These existing urban areas are expected to experience dramatic change through major development and redevelopment projects.
    38. 38. Transformation - New Growth.These existing open space areas are expected to experience dramatic change through major new development projects. </li></li></ul><li>Land Use<br />Special Study Areas<br /><ul><li>Not planned for growth
    39. 39. Possible annexation areas
    40. 40. Require GPA, Community Plan, & applicable master plans & financing plans
    41. 41. Must provide community benefits</li></ul>Planned Development<br /><ul><li>Must be developed consistent with Vision & GP policies
    42. 42. No new PD areas on adoption of GP</li></li></ul><li>Land Use / Urban Form Designations<br /><ul><li>Address “place-making,” not just land use
    43. 43. Responsive to existing context
    44. 44. Clear about outcomes—visualizes change
    45. 45. Concrete rather than abstract</li></li></ul><li>Land Use / Urban Form Designations<br />Designation Categories relate to “Place Types”:<br /><ul><li>Neighborhoods
    46. 46. Centers
    47. 47. Corridors
    48. 48. Open Space
    49. 49. Other</li></li></ul><li>Urban Form and Climate Change?<br />Making the link between urban form and:<br /><ul><li>Climate Change
    50. 50. Sustainability
    51. 51. Environment
    52. 52. Social Equity
    53. 53. Economic vitality
    54. 54. Livability
    55. 55. Health and Safety
    56. 56. Mobility</li></li></ul><li>Urban Form—A Place-based Approach<br />Understanding the Physical DNA of the Place:<br /><ul><li>Key form-giving features
    57. 57. Features that contribute to community identity
    58. 58. Characteristics to protect and enhance
    59. 59. Characteristics to mitigate or change</li></li></ul><li>Urban Form—A Place-based Approach<br />Understanding the Physical DNA of the Place<br />
    60. 60. Urban Form—A Place-based Approach<br />Developing a <br />Typology of Place<br />as the foundation for<br />future recommendations<br />Place-making Components<br /><ul><li>The Street
    61. 61. The Block
    62. 62. The Site
    63. 63. The Building</li></li></ul><li>Land Use / Urban Form Designations<br />Role of the designation in Citywide growth strategy<br />Each designation addresses 3 topics:<br /><ul><li>Urban Form Guidelines
    64. 64. Allowed Uses
    65. 65. Development Standards</li></ul>Key urban design characteristics associated with designation<br />
    66. 66. Land Use / Urban Form Designations<br />Each designation addresses 3 topics:<br /><ul><li>Urban Form Guidelines
    67. 67. Allowed Uses
    68. 68. Development Standards</li></ul>Description of Allowed Uses including building types<br />
    69. 69. Land Use / Urban Form Designations<br />Each designation addresses 3 topics:<br /><ul><li>Urban Form Guidelines
    70. 70. Allowed Uses
    71. 71. Development Standards</li></ul>Development Standards include minimum and maximum intensities<br />
    72. 72. Land Use / Urban Form Designations<br />Each designation addresses 3 topics:<br /><ul><li>Urban Form Guidelines
    73. 73. Allowed Uses
    74. 74. Development Standards</li></ul>Development standards illustrated to help visualize density<br />
    75. 75. Land Use / Urban Form Designations<br />Each designation addresses 3 topics:<br /><ul><li>Urban Form Guidelines
    76. 76. Allowed Uses
    77. 77. Development Standards</li></ul>Illustrates how uses, guidelines, and standards might look “on the ground”<br />
    78. 78. Visualizing Change<br />Mitigating the fear of change—<br />Removing uncertainty and inspiring action<br />Before<br />After<br />
    79. 79. Visualizing Change<br />Mitigating the fear of change—<br />Removing uncertainty and inspiring action<br />
    80. 80. Policy That Reflects Concern for Design<br />Policy Themes<br /><ul><li>City of Neighborhoods
    81. 81. City of Rivers
    82. 82. City of Trees
    83. 83. City of Destinations & Memorable Places
    84. 84. City Connected & Accessible
    85. 85. City Sustained & Renewed
    86. 86. City Fair & Equitable</li></li></ul><li>Economic Development<br />Business diversity & sustainability<br />Compact & mixed-use development: Market intensification in proximity to businesses<br />New “green” businesses<br />
    87. 87. Mobility<br />Comprehensive Transportation System<br />Complete streets<br />Core area level of service exemption<br />Transportation Demand Management<br />Modes<br />Walkable communities<br />Bikeways<br />Public transit<br />Roadways<br />Appropriate parking<br />Aviation<br />
    88. 88. Utilities<br />Adequacy to Support Development<br />Alternative Approaches for Sustainable Utility Systems<br />Energy generation & conservation<br />Water conservation<br />Stormwater management<br />Waste recycling<br />Other<br />
    89. 89. Environmental Resources<br />Resource Preservation & Conservation<br />Urban Agriculture/Local Food Supply<br />
    90. 90. Environmental Constraints<br />Adaptation to Climate Change Risks: Increased Flooding, Wildfire Risk, and so on<br />
    91. 91. IMPLEMENTATION & MONITORING<br />California’s Climate Change Legislation: <br />The City of Sacramento General Plan<br />
    92. 92. Administration & Implementation<br />Specific Implementation Programs<br />Categories of implementation<br />General Plan maintenance and monitoring:<br />Annual review and report<br />5-year review and update<br />Livability Index<br />
    93. 93. Categories of Implementation<br /><ul><li>Tools to implement policies and programs
    94. 94. Included with all policies and programs
    95. 95. Eight categories of implementation
    96. 96. Regulation and Development Review (RDR)
    97. 97. City Master Plans, Strategies, and Programs (MPSP)
    98. 98. Financing and Budgeting (FB)
    99. 99. Planning Studies and Reports (PSR)
    100. 100. City Services and Operations (SO)
    101. 101. Inter-governmental Coordination (IGC)
    102. 102. Joint Partnerships with the Private Sector (JP)
    103. 103. Public Information (PI)</li></li></ul><li>Specific Implementation Programs<br />
    104. 104. Livability Index<br /><ul><li>Indicators program
    105. 105. Used to measure effectiveness
    106. 106. Tracks key livability factors
    107. 107. Economy
    108. 108. Health of residents
    109. 109. Quality of life
    110. 110. Reviewed and updated annually
    111. 111. Used to set priorities</li></li></ul><li>THE PLANNING PROCESS<br />California’s Climate Change Legislation: <br />The City of Sacramento General Plan<br />
    112. 112. Public Outreach & Involvement<br />COMMUNITY CONVENTION: CELEBRATING THE GENERAL PLAN<br />

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