In 2013, former Governor Jerry Brown signed Senate Bill 743 (SB 743).  SB 743 addressed a variety of topics and was designed to better promote statewide policies that: (a) combat climate change by reducing greenhouse gas emissions and particulates; (b) encourage infill development and a diversity of uses instead of sprawl; and (c) promote multi-modal transportation networks. 

To implement these goals, SB 743, among other things, addressed the methodology to identify transportation impacts under CEQA.  For CEQA purposes, transportation impacts have generally been measured by automobile delay or congestion, otherwise known as “Level of Service”.  SB 743 required the CEQA guidelines to be amended to establish an alternative method for evaluating transportation impacts. 

On December 28, 2018, the Office of Administrative Law approved a comprehensive update to the CEQA Guidelines, including the selection of VMT as the new method to analyze CEQA transportation impacts.  Automobile delay, or LOS, may no longer be used to determine significant transportation effects under CEQA.

VMT focuses on the overall miles traveled by vehicles within a region.  This approach has an added inherent emphasis on reducing greenhouse gas emissions throughout the State because the State believes it will not be possible to meet long-term climate goals without reducing VMT.  All cities in the State of California are required to use VMT analysis in their CEQA documents no later than July 1, 2020. 

The City has contracted with Fehr & Peers, a firm with extensive experience in VMT analysis, to assist in reviewing and developing appropriate VMT thresholds and guidelines for the City of Garden Grove.

After working with Fehr & Peers, it is recommended that the City adopt the California Office of Planning and Research’s currently recommended VMT threshold: a 15 percent reduction below existing baseline conditions.

Fehr & Peers also provided recommendations regarding: (1) VMT analysis methodology; and (2) potential VMT mitigation strategies.  The City’s selected VMT threshold, analysis methodology, and potential mitigation strategies have been incorporated in the City’s proposed Traffic Impact Analysis Guidelines for VMT and LOS Assessment (Exhibit A). 

In addition, the City’s General Plan was reviewed to determine if it is consistent with the legislative intent of SB 743.  The following goals and policies support the three goals of SB 743:

1.    Promotion of Infill Development

a.  Policy LU-1.9, LU-1.10 AQ-5.2: Coordinate land use planning with existing or planned public facilities

2.   Promotion of Active Transportation

a.   Policy CIR-6.1:  Supports the Master Plan of Bikeways

b.   Policy CIR-5.1, CIR-IMP-10E, CIR-IMP-10F, AQ-3.2, AQ-IMP-3C:  Promote, expand, and enhance transit service

c.    Policy CIR-5.3, CIR-5.4, CIR-6.3, CIR-IMP-6C, AQ-IMP-2B, AQ-IMP-3D, AQ-4.1:  Promotes, expands, and enhances active transportation modes

3.   Reducing Greenhouse Gases (GHG)

a.  Policy CIR-4.2, CIR-4.3, CIR-10.3, CIR-11.5:  Reduce miles travelled by residents and employees

b.  Policy CIR-5.5, CIR-IMP-5A – CIR-IMP-5C, CIR-IMP-10D, CIR-IMP-11C, CIR-IMP-11D, AQ-IMP-1B:  Promote Transportation Demand Management (TDM) Measures

These Policies are shown in more detail in Exhibit C.

The adoption of VMT thresholds for CEQA purposes does not preclude the City from using LOS analysis for non-CEQA purposes, such as to evaluate consistency with the City’s General Plan and Congestion Management Plan requirements.

CEQA Guidelines Section 15308 (Actions by a Regulatory Agency for Protection of the Environment), exempts from CEQA actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. (Cal. Code Regs., tit. 14, § 15308).  When a municipality enacts a regulation pursuant to its police powers to promote the general welfare, the municipality is said to be acting in its “regulatory” capacity within the meaning of CEQA Guidelines Section 15308. (Save the Plastic Bag Coalition v. City and County of San Francisco (2013) 222 Cal.App.4th 863.)  Here, the City’s adoption of the TIA Guidelines for VMT and LOS Assessment are meant to enhance and protect the environment, and will be compliant with SB 743 by reducing greenhouse gas emissions, promoting infill development, and promoting multi-modal transportation networks.  Moreover, the TIA Guidelines will be used in the City’s regulatory process (CEQA process) that involves procedures for the protection of the environment.  Therefore, the City’s adoption of the TIA Guidelines is exempt pursuant to CEQA Guidelines Section 15308.  

It is recommended that the City Council:

•  Conduct a public hearing;

• Adopt the Resolution adopting a Vehicle Miles Traveled threshold related to transportation analysis for California Environmental Quality Act compliance as well as adopting Traffic Impact Analysis Guidelines for Vehicle Miles Traveled and Level of Service Assessment; and

• Find adoption of the Traffic Impact Analysis Guidelines exempt from CEQA pursuant to CEQA Guidelines Section 15308.

Dai C. Vu, P.E., Traffic Engineer