2- Agenda Summary - Land Use and Environmental Committee
Agenda Summary- Land Use and Environmental CommitteeHyatt Grand Champions
Desert Vista Ballroom, Agave Room – Conference Center
Indian Wells, California
Thursday, January 24, 2008
8:00 a.m.-9:50 a.m.Presiding:
Liz Anderson-Fitzgerald, Chair
Wendi-Mae Davis, Vice Chair
Allen Chiang, Vice Chair
Jeanette Way, Committee Liaison
Larry Matteson, Rural Forum ChairC.A.R. Staff:
Elizabeth Gavric, Legislative AdvocateI. Opening Comments: Chairwoman Anderson-FitzgeraldII. Action Item
A. Eminent Domain Ballot Propositions IBPIII. Discussion/Information ItemsA. Report from REALTOR® Committee on Air QualityB. Report from Onsite Wastewater Disposal “Septic” Working Group: Current Status of SWRCB AB 885 Draft Statewide Regulations for Septic SystemsC. Introduction of “Eco/Green” Task ForceD. Water Plan UpdateE. 2008 Water Bonds UpdateF. Legislative Update1. Flood Control
a. SB 6 Oropeza (D):–Oppose ~SB 6 would require all local governments to consider the effects of global warming on ocean levels when developing the land use, open-space, safety and conservation elements of their general plan. Additionally, this measure would require a city or county to deny approval of a tentative subdivision map or parcel map if it determines that the design and improvement of the subdivision is likely to cause flooding on site or on neighboring properties based upon global warming climate predictions.C.A.R. opposed the bill based on the lack of data available to make the required determinations. Recent amendments provided six resources for obtaining the data required by the measure. With a little research, C.A.R. was able to determine that the statedresources were in fact incapable of providing the level detail required in the measure, and conveyed this concern to the author and committee consultants. The author has acknowledged the data deficiency and has withdrawn the bill from committee consideration, therefore making it a two year bill. C.A.R. will continue to oppose the bill as it is currently written. Location:Senate Local Government Committee2 Planning and Zoning
a. AB 20 Eng (D): Transit Oriented Plan Amendments - Oppose Unless Amended ~ This bill was originally set to be heard in Assembly Housing and Community Development Committee. It was pulled by the author in early 2007 to make it a 2-year bill. C.A.R. is seeking amendments to remove the term “smart growth” from the bill, which would create incentives for redevelopment plan amendments if those amendments were for increasing transit-oriented housing.Location: Assembly Local Government Committee. b. SB 375 Steinberg (D): Transportation Planning: Travel Models: Reviews – Oppose ~ As introduced, C.A.R. supported SB 375 which would have broadened the applicability of the existing CEQA exemption for urban infill developments and could have generated desperately needed housing. As amended, SB 375 maintains the CEQA exemption, but would also provide $20 million from Proposition 1C, passed by the voters in 2006, for “smart growth” planning and incentives. While C.A.R. achieved amendments that removed the non-substantive term “smart growth” to describe the goals of the proposition, C.A.R. continues to oppose SB375 because it impedes future suburban residential, commercial and retail development by creating restrictive urban growth limitations, the sole purpose of which is to reduce greenhouse gases, without any guarantee that regional housing goals will be met.Location: Assembly Appropriations Committee.3. Land Use and Conservation
a. AB 75 & AB 838 Blakeslee (R): Parks and Recreation Easements – Amend ~ These identical bills authorize the Department of Parks and Recreation to acquire conservation easements on real property if it determines that the conservation easement is necessary to protect, preserve and enhance the state park system. Furthermore, the bill authorizes state and local government agencies or nonprofit land trust organizations holding the easements to amend the easement or any of its terms upon approval by the department. C.A.R. is working with the author to secure amendments that will ensure that these easements can not be altered without first obtaining landowner consent. Location of AB 75: Assembly Water Parks & Wildlife, Location of AB 838: Senate Appropriations Committee. b. SB 466 Steinberg (D): Forest Resources – Oppose ~ The Z'berg-Nejedly Forest Practice Act of 1973 regulates the conversion of timberland to uses other than the growing of timber. SB 466 would specify the manner by which the environmental effects of forestland and timberland conversions may be mitigated. The bill would authorize the State Board of Forestry and Fire Protection to adopt implementing regulations. C.A.R. opposes this bill because it would require landowners with any type of forest (e.g., pine, oak, etc.), consisting of a canopy cover that spans a minimum of 10% of the property, to mitigate land use changes either by putting the forest or timberlands into a permanent conservation by easement or by paying a fee equaling two times the amount being converted to non-forestry uses. Location: Senate Appropriations Committee4. Boards, Departments and Special Districts
a. AB 938 Calderon C (D): Water Districts: Urban Runoff – Support ~ AB 938 would broaden the authority of local water districts to provide a comprehensive stormwater management service. This measure would authorize a local water district to construct and maintain facilities to manage and treat stormwater by creating a stormwater diversion and treatment system to deal with urban runoff. C.A.R. supports this bill because it will facilitate coordination between local governments, agencies and districts when developing necessary programs and plans to address stormwater drainage and watershed protection goals for an entire region. Furthermore, the current piecemeal approach to stormwater management produces little or no improvement to stormwater diversion, unfairly targets new construction, and can add significantly to the cost of a new home, exacerbating California’s housing affordability problem. Location: Senate Environmental Quality Committee. b. AB 1338 Huffman (D): Public Resources: Local Coastal Programs – Oppose ~ Current law authorizes the State Water Resources Control Board (SWRGB) and Regional Water Quality Control Boards (RWQCBs) to regulate stormwater runoff through the issuance of permits. AB 1338 would expand the land use authority of the California Coastal Commission (CCC) to include regulatory oversight of stormwater runoff permits for non-point source pollution, and would grant the CCC the last word on water quality issues rather than the RWQCBs. C.A.R. opposes AB 1338 because it would expand the regulatory authority of the commission into an area that the California Coastal Act has expressly identified as the regulatory jurisdiction of the SWRCB and RWQCBs. Location: Senate Natural Resources and Water Committee. c. SB 838 Cogdill (R): Fire Prevention and Protection – Support ~ The Department of Forestry andFire Protection is required to assist local governments in preventing wildland fire and vegetation management problems within the department's budgetary limitations. SB 838 would authorize the Department of Forestry and Fire Protection to award grants tothe California Fire Safe Council to implement community-based wildfire threat reduction and prevention programs. C.A.R. supports this bill because it will fund programs to serve communities that could potentially be threatened by wildfires. Location: Senate Floor.5. California Environmental Quality Act (CEQA)
a. SB 427 Harman (R): Environmental Quality Act: Impact Reports – Support ~ SB 427 authorizes a lead agency to prepare a short form environmental impact report for a project subject to CEQA if the project meets specified criteria, including that the project is a qualified urban use, provides housing or employment near specified areas, andincorporates specified mitigation measures. C.A.R. supports any measure that would streamline the CEQA process and provide relief to housing development. Location: Senate Environmental Quality Committee.III. OtherIV. Adjournment
