Attachment 14I fl {•I (\I I t I-\
AUT HENTICATED
t.LE(l'I ~. lEG.llMAIU' Al
State of California
GOVERNMENT CODE
Section 65088
65088. The Legislature finds and declares all of the following:
(a) Although California's economy is critically dependent upon transportation, its
current transportation system relies primarily upon a street and highway system
designed to accommodate far fewer vehicles than are currently using the system.
(b) California 's transportation system is characterized by fragmented planning,
both among jurisdictions involved and among the means of available transport.
(c) The lack of an integrated system and the increase in the number of vehicles
are caus ing traffic congestion that each day results in 400,000 hours lost in traffic ,
200 tons of pollutants released into the air we breathe, and three million one hundred
thousand dollars ($3 ,100,000) added costs to the motoring public.
(d) To keep California moving, all methods and means of transport between major
destinations must be coordinated to connect our vital economic and population centers.
( e) In order to develop the California economy to its full potential, it is intended
that federal , state, and local agencies join with transit districts, business, private and
environmental interests to develop and implement comprehensive strategies needed
to develop appropriate responses to transportation needs.
(f) In addition to solving California's traffic congestion crisis, rebuilding
California's cities and suburbs, particularly with affordable hous ing and more walkable
neighborhoods, is an important part of accommodating future increases in the s tate 's
population because homeownership is only now available to most Californians who
are on the fringes of metropolitan areas and far from employment centers.
(g) The Legislature intends to do everything within its power to remove regulatory
barriers around the development of infill housing, transit-oriented development, and
mixed use commercial development in order to reduce regional traffic conges tion and
provide more housing choices for all Californians.
(h) The removal of regulatory barriers to promote infill housing, transit-oriented
development, or mixed use commercial development does not prec lude a city or
county from holding a public hearing nor finding that an individual infill project
would be adversely impacted by the surrounding environment or transportation
patterns.
(A mended b y Stat s. 200 2, Ch. 50 5, Sec. I. Effecti ve January I, 2003.)
ATTACHMENT 1 4
State of California
GOVERNMENT CODE
Section 65088.1
65088.1. As used in this chapter the following terms have the following meanings:
(a) Unless the context requires otherwise, "agency" means the agency respons ible
for the preparation and adoption of the congestion management program.
(b) "Bus rapid transit corridor" means a bus service that includes at least four of
the following attributes:
( 1) Coordination with land use planning.
(2) Exclusive right-of-way.
(3) Improved passenger boarding facilities.
(4) Limited stops .
(5) Passenger boarding at the same height as the bus.
( 6) Prepaid fares .
(7) Real-time passenger information.
(8) Traffic priority at intersections.
(9) Signal priority.
( 10) Unique vehicles.
(c) "Commission" means the California Transportation Commission.
(d) "Department" means the Department of Transportation.
( e) "Infill opportunity zone" means a specific area designated by a city or county,
pursuant to subdivision (c) of Section 65088.4, that is within one-half mile ofa major
transit stop or high-quality transit corridor included in a regional transportation plan.
A major transit stop is as defined in Section 21064.3 of the Public Resources Code,
except that, for purposes of this section, it also includes major transit stops that are
included in the applicable regional transportation plan. For purposes of this section,
a high-quality transit corridor means a corridor with fixed route bu s service with
service intervals no longer than 15 minutes during peak commute hours.
(t) "Interregional travel" means any trips that originate outside the boundary of
the agency. A "trip" means a one-direction vehicle movement. The origin of any trip
is the starting point of that trip. A roundtrip consists of two individual trips.
(g) "Level of service standard" is a threshold that defines a deficiency on the
congestion management program highway and roadway system which requires the
preparation of a deficiency plan. It is the intent of the Legislature that the agency shall
use all elements of the program to implement strategies and actions that avoid the
creation of deficiencies and to improve multimodal mobility.
(h) "Local jurisdiction" means a city, a county, or a city and county.
(i) "Multimodal" means the utilization of all available mode s of travel that enhance
the movement of people and goods, including, but not limited to, highway, transit,
nonmotorized, and demand management strategies including, but not limited to ,
telecommuting. The availability and practicality of specific multimodal systems,
projects, and strategies may vary by county and region in accordance with the size
and complexity of different urbani zed areas.
(j) (1) "Parking cash-out program" means an employer-funded program under
which an employer offers to provide a cash allowance to an employee equivalent to
the parking subsidy that the employer would otherwise pay to provide the employee
with a parking space. "Parking subsidy" means the difference between the
out-of-pocket amount paid by an employer on a regular basi s in order to secure the
availability of an employee parking s pace not owned by the employer and the price,
if any, charged to an employee for use of that space.
(2) A parking cash-out program may include a requirement that employee
participants certify that they will comply with guidelines established by the employer
designed to avoid neighborhood parking problems, with a provision that employees
not complying with the guidelines will no longer be eligible for the parking cash-out
program.
(k) "Performance measure" is an analytical planning tool that is used to
quantitatively evaluate transportation improvements and to assist in determining
effective implementation actions, considering all modes and strategies. Use of a
performance measure as part of the program does not trigger the requirement for the
preparation of deficiency plans.
(l) "Urbanized area" has the same meaning as is defined in the 1990 federal census
for urbani zed areas of more than 50,000 population.
(m) Unless the context requires otherwise, "regional agency" means the agency
responsible for preparation of the regional transportation improvement program.
(Am end ed b y Stats. 2013 , C h. 386 , Sec . 3. (SB 743) Effec tiv e January I , 20 14 .)
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AUTHENTIC ATED
ELECTRO~~!( LEGAL MATEP!A.L
State of California
GOVERNMENT CODE
Section 65088.3
65088.3. This chapter does not apply in a county in which a majority of local
governments, collectively compri sed of the city councils and the county board of
supervisors, which in total also repre sent a majority of the population in the county,
each adopt resolutions e lecting to be exempt from the congestion management program.
(Added by Stats. 1996, Ch. 293, Sec . 4. Effective January I , 1997 .)
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AUTHENTI CATED
ELECT RO NIC Lff~L MAT£f'I AL
State of California
GOVERNMENT CODE
Section 65088.4
65088.4. (a) It is the intent of the Legislature to balance the need for level of service
standards for traffic with the need to build infill housing and mixed use commercial
developments within walking distance of mass transit facilities, downtowns, and town
centers and to provide greater flexibility to local governments to balance these
sometimes competing needs.
(b) Notwithstanding any other provision of law, level of service standards described
in Section 65089 shall not apply to the streets and highways within an infill opportunity
zone.
(c) The city or county may des ignate an infill opportunity zone by adopting a
resolution after determining that the infill opportunity zone is consistent with the
general plan and any applicable specific plan, and is a transit priority area within a
sustainable communities strategy or alternative planning strategy adopted by the
applicable metropolitan planning organization.
(Amende d b y Stats. 201 3, C h. 38 6 , Sec. 4 . (S B 743 ) Effecti ve January I , 2014.)
'I \I 1 'I ( I I 1 L\
AUTHEN TICAT ED
!..LECTRGNIC LEGAL MATEPIAL
State of California
GOVERNMENT CODE
Section 65088.5
65088.5. Congestion management programs, if prepared by county transportation
commiss ions and tran sportation authorities created purs uant to Division 12
(commencing with Section 130000) of the Public Utilities Code, shall be used by the
regional transportation planning agency to meet federa l requirements for a congestion
management system, and shall be incorporated into the congestion management
system.
(Added by Stats. 1996 , Ch. 1154 , Sec . 4. Effective Se pt ember 30, 1996 .)
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ELECT~C:-<IC LEGAL M.l PoA.l
State of California
GOVERNMENT CODE
Section 65089
65089. (a) A congestion management program shall be developed, adopted, and
updated biennially, consistent with the schedule for adopting and updating the regional
transportation improvement program, for every county that includes an urbanized
area, and shall include every city and the county. The program shall be adopted at a
noticed public hearing of the agency. The program s hall be developed in consultation
with, and with the cooperation of, the transportation planning agency, regional
transportation providers, local governments, the department, and the air pollution
control district or the air quality management district, either by the county
transportation commission, or by another public agency, as designated by resolutions
adopted by the county board of supervisors and the city councils of a majority of the
cities representing a majority of the population in the incorporated area of the county.
(b) The program shall contain all of the following elements:
(1) (A) Traffic level of service standards established for a system of highways
and roadways designated by the agen cy. The highway and roadway system shall
include at a minimum all state highways and principal a rterial s. No highway or
roadway designated as a part of the system shall be removed from the system. All
new state highways and principal arterials shall be designated as part of the system ,
except when it is within an infill opportunity zone. Level of service (LOS) shall be
measured by Circular 212, by the most recent version of the Highway Capacity Manual,
or by a uniform methodology adopted by the agency that is cons is tent with the
Highway Capacity Manual. The determination as to whether an alternative method
is consistent with the Highway Capacity Manual shall be made by the r eg ional agency,
except that the department instead shall make this determination if either (i) the
regional agency is also the agency, as those terms are defin ed in Section 65088.1, or
(ii) the department is responsible for preparing the regional transportation improvement
plan for the county.
(B) In no case shall the LOS standards established be below the level of service
E or the current level , whichever is farthest from level of serv ice A except when the
area is in an infill opportunity zone. When the level of service on a segment or at an
intersection fails to attain the established level of service sta ndard outside an infill
opportunity z one, a deficiency plan shall be adopted pursuant to Section 65089.4.
(2) A performance element that includes performance measures to evaluate current
and future multimodal system performance for the movement of people and goods .
At a minimum, the se performance meas ures shall incorporate highway and roadway
system performance, and measures established for the frequency and routing of public
transit, and for the coordination of tran sit service provided by separate operators.
These performance measures shall support mobility, air quality, land use, and economic
objectives, and shall be used in the develo pment of the capital improvement program
required pursuant to paragraph (5), deficiency plans required pursuant to Section
65089.4, and the land use analysis program required pursuant to paragraph (4).
(3) A travel demand element that promotes alternative transportation methods,
including, but not limited to, carpools, vanpools , transit, bicycles , and park-and-ride
lots; improvements in the balance between jobs and housing ; and other strategies,
including, but not limited to, flexible work hours, telecommuting, and parking
management programs. The agency s hall consider parking cash-out programs during
the development and update of the travel demand element.
(4) A program to analyze the impacts of land use decisions made by local
jurisdictions on regional transportation systems, including an estimate of the costs
associated with mitigating those impacts. This program shall meas ure, to the extent
possible, the impact to the transportation system using the performance measures
described in paragraph (2). In no case shall the program include an estimate of the
costs of mitigating the impacts of interregional travel. The program shall provide
credit for local public and private contributions to improvements to regional
transportation systems. However, in the case of toll road facilities, credit shall only
be allowed for local public and private contributions which are unreimbursed from
toll revenues or other state or federal sources. The agency shall calculate the amount
of the credit to be provided. The program defined under this section may require
implementation through the requirements and analysis of the California Environmental
Quality Act, in order to avoid duplication.
(5) A seve n-year capital improvement program , developed using the performance
measures described in paragraph (2) to determine effective projects that maintain or
improve the performance of the multi modal system for the movement of people and
goods, to mitigate regional transportation impacts identified pursuant to paragraph
(4). The program shall conform to transportation-related vehicle emission air quality
mitigation measures , and include any project that will increase the capacity of the
multimodal sys tem. It is the intent of the Legislature that, when roadway projects are
identified in the program, consideration be given for maintaining bicycle access and
safety at a level comparable to that which existed prior to the improvement or
alteration. The capital improvement program may also include safety, maintenance,
and rehabilitation projects that do not enhance the capacity of the system but are
necessary to preserve the investment in existing facilities.
( c) The agency, in consultation with the regional agency, cities, and the county,
s hall develop a uniform data base on traffic impacts for use in a countywide
transportation computer model and shall approve transportation computer models of
specific areas within the county that will be used by local jurisdictions to determine
the quantitative impacts of development on the circulation system that are based on
the countywide model and standardized modeling assumptions a nd conventions. The
computer models shall be consistent with the modeling methodology adopted by the
regional planning agency. The data bases used in the models s hall be consistent with
the data bases used by the regional planning agency. Where the regional agency has
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jurisdiction over two or more counties, the data bases used by the agency shall be
consistent with the data bases used by the regional agency.
( d) (1) The city or county in which a commercial development will implement a
parking cash-out program that is included in a conges tion management program
pursuant to subdivision (b ), or in a deficiency plan pursuant to Section 65089.4, s hall
grant to that development an appropriate reduction in the parking requirements
otherwise in effect for new commercial development.
(2) At the request of an existing commercial development that has implemented
a parking cash-out program, the city or county shall grant an appropriate reduction
in the parking requirements otherwise applicable based on the demonstrated reduced
need for parking, and the space no longer needed for parking purposes may be used
for other appropriate purposes.
(e) Pursuant to the federal Intermodal Surface Transportation Efficiency Act of
1991 and regulations adopted pursuant to the act, the department shall submit a request
to the Federal Highway Administration Division Administrator to accept the congestion
management program in lieu of development of a new congestion management system
otherwise required by the act.
(Amended by Stats. 2002 , Ch. 505 , Sec. 4. Effec ti ve Janua ry I , 200 3.)
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AUTHENTICATED
'L£CT T:O NI C LEG AL MATERI AL
State of California
GOVERNMENT CODE
Section 65089.1
65089.1. (a) For purposes of thi s section, "plan" means a trip reduction plan or a
related or s imilar proposal submitted by an employer to a local public agency for
adoption or approval that is designed to facilitate employee ridesharing, the use of
public transit, and other means of travel that do not employ a single-occupant vehicle.
(b) An agency may require an employer to provide rideshare data bases; an
emergency ride program ; a preferential parking program; a transportation information
program ; a parking cash-out program, as defined in subdivision (f) of Section 65088.1;
a public transit subsidy in an amount to be determined by the employer; bicycle
parking areas; and other noncash value programs which encourage or facilitate the
use of alternatives to driving alone . An employer may offer, but no agency shall
require a n employer to offer, cash , prizes , or items with cash value to employees to
encourage participation in a trip reduction program as a condition of approving a plan.
( c) E mployers shall provide employ ees r easonable notice of the content of a
proposed plan and s hall provide the employees an opportunity to comment prior to
submittal of the pla n to the agency for adoption.
(d) Each agency s hall modify existing programs to conform to this section not
later than June 30, 1995. Any plan adopted by an agency prior to January 1, 1994,
s hall remain in effect unti l adoption by the agency of a modifi ed plan pursuant to thi s
section.
(e) Employers may include di sincentive s in their plans that do not create a
widespread and substantial disproportionate impact on ethnic or racial minorities,
women , or low-income or disabl ed employees.
(t) This section s hall not be interp reted to relieve any employer of th e responsibility
to prepare a plan that conforms with trip reduction goals specified in Division 26
(commencing with Section 39000) of the Health a nd Safety Code, or the C lean Air
Act (42 U.S.C. Sec. 7401 et seq.).
(g) This section only applies to agenci es and employers within the South Coast
Air Quality Management District.
(Added by S tat s . 1994, C h . 534, Sec. 2. Effective January I , 1995 .)
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AUTH ENTICAT ED
ELECl1?0I . C LEG;.L Mf.TEPIAL
State of California
GOVERNMENT CODE
Section 65089.2
65089.2. (a) Congestion management programs shall be submitted to the regional
agency. The regional agency shall evaluate the consistency between the program and
the regional transportation plans required pursuant to Section 65080. In the case of a
multicounty regional transportation planning agency, that agency s hall evaluate the
consistency and compatibility of the programs within the region.
(b) The regional agency, upon finding that the program is consistent, shall
incorporate the program into the regional transportation improvement program as
provided for in Section 65082. If the regional agency finds the program is inconsistent,
it may exclude any project in the congestion management program from inclusion in
the regional transportation improvement program.
( c) ( 1) The regional agency shall not program any surface transportation program
funds and congestion mitigation and air quality funds pursuant to Sections 182.6 and
182.7 of the Streets and Highways Code in a county unless a congestion management
program has been adopted by December 3 1, 1992, as required pursuant to Section
65089. No surface transportation program funds or congestion mitigation and air
quality funds shall be programmed for a project in a local jurisdiction that has been
found to be in nonconformance with a congestion management program purs uant to
Section 65089 .5 unless the agency finds that the project is of regional significance.
(2) Notwithstanding any other provision of law, upon the designation of an
urbanized area, pursuant to the 1990 federal census or a subsequent federal census,
within a county which previously did not include an urbanized area, a conges tion
management program as required pursuant to Section 65089 shall be adopted within
a period of 18 months after designation by the Governor.
( d) ( 1) It is the intent of the Legislature that the regional agency, when its
boundaries include areas in more than one county, should resolve inconsistencies and
mediate disputes that arise between agencies related to congestion management
programs adopted for those areas.
(2) It is the further intent of the Legislature that disputes that may arise between
regional agencies, or agencies that are not within the boundaries of a multicounty
regional transportation planning agency, should be mediated and resolved by the
Secretary of Transportation, or an employee of the Transportation Agency designated
by the secretary, in consultation with the air pollution control di s trict or air quality
management district within whose boundaries the regional agency or agencies are
located.
(e) At the request of the agency, a local jurisdiction that owns, or is re sponsible
for operation of, a trip-generating facility in another county shall participate in the
congestion management program of the county where the facility is located. If a
dispute arises involving a local jurisdicti on, the agency may re ques t the regional
agency to mediate the di spute through proce dures pursuant to subdiv i sio n ( d). Failure
to resolve th e dispute d oes not invalidate the congestion manageme nt program.
(Amended by Sta ts . 20 14 , C h . 345, Sec. 2. (AB 2752) Effec tive January I , 20 15.)
AUTHENTICATED
ElECTlK'' JIC LE'GAL M1\ f RIAL •
State of California
GOVERNMENT CODE
Section 65089.3
65089.3. The agency shall monitor the implementation of all elements of the
congestion managem e nt program . The departme nt is respons ibl e for data collection
and analysi s on state hi ghways, unl ess the agency designates that re spons ibility to
another e ntity. The age n cy may also assign data collection and analysis re s pons ibilities
to other owners and operators of facilities or servic es if the respons ibilities are specified
in its adopte d program . The agency s hall consult w ith the departme nt and other affected
owners and operators in developing data colle c tion and analysis procedures and
schedules prior to progra m adoption. At least biennially, th e agency shall determine
if the county and cities are conforming to the congestion management program,
including, but not limite d to, all of the following:
(a) Cons is tency with level s of service standards, except as provided in Section
65089.4.
(b) Adoption and implementation of a program to a nalyze th e impacts of la nd use
deci s ions, including the estimate of the costs assoc iated with miti gatin g these impacts.
( c) A d o ption and implementa tion of a defici ency plan pursuant to Section 65 089 .4
when hi g hway and roadway leve l of service stand ards are not maintained on portions
o f the d esig nated syste m.
(Amended by Stats . 1996, Ch. 293 , Sec. 3. Effecti ve Janu ary I , 1997.)
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AUTHENTICATED
HECTRGt, C L.C;.AL r..1ATE.R'IAL
State of California
GOVERNMENT CODE
Section 65089.4
65089.4. (a) A local jurisdiction shall prepare a deficiency plan when highway or
roadway level of service standards are not maintained on segments or intersections
of the designated system. The deficiency plan shall be adopted by the city or county
at a noticed public hearing.
(b) The agency shall calculate the impacts s ubject to exclusion pursuant to
subdivision (f) of this section, after consultation with the regional agency, the
department, and the local air quality management district or air pollution control
district. If the calculated traffic level of service following exclusion of these impacts
is consistent with the level of service standard, the agency shall make a finding at a
publicly noticed meeting that no deficiency plan is required and so notify the affected
local jurisdiction.
(c) The agency shall be responsible for preparing and adopting procedures for
local deficiency plan development and implementation responsibilities, consistent
with the requirements of this section. The deficiency plan shall include all of the
following:
(I) An analysis of the cause of the deficiency. This analysis s hall include the
following:
(A) Identification of the cause of the deficiency.
(8) Identification of the impacts of those local jurisdictions within the jurisdiction
of the agency that contribute to the deficiency. These impacts shall be identified only
if the calculated traffic level of service following exclusion of impacts pursuant to
subdivision (f) indicates that the level of service standard has not been maintained,
and shall be limited to impacts not subject to exclusion.
(2) A list of improvements necessary for the deficient segment or intersection to
maintain the minimum level of service otherwise required and the estimated costs of
the improvements.
(3) A list of improvements, programs, or actions, and estimates of costs, that will
(A) measurably improve multimodal performance, using measures defined in
paragraphs (1) and (2) of subdivision (b) of Section 65089, and (B) contribute to
significant improvements in air quality, such as improved public transit service and
facilities, improved nonmotorized transportation facilities, high occupancy vehicle
facilities, parking cash-out programs, and transportation control measures. The air
quality management district or the air pollution control di strict shall establish and
periodically revise a list of approved improvements, programs, and actions that meet
the scope of this paragraph. If an improvement, program, or action on the approved
list has not been fully implemented, it s hall be deemed to contribute to significant
improvements in air quality. If an improvement, program, or action is not on the
approved list, it shall not be implemented unless approved by the local air quality
management district or air pollution control district.
(4) An action plan, consistent with the provisions of Chapter 5 (commencing with
Section 66000), that shall be implemented, consisting of improvements identified in
paragraph (2), or improvements , programs, or actions identified in paragraph (3), that
are found by the agency to be in the interest of the public health, safety, and welfare.
The action plan shall include a specific implementation schedule . The action plan
shall include implementation strategies for those jurisdictions that have contributed
to the cause of the deficiency in accordance with the agency's deficiency plan
procedures. The action plan need not mitigate the impacts of any exclusions identified
in subdivision (f). Action plan strategies shall identify the most effective
implementation strategies for improving current and future system performance.
(d) A local jurisdiction shall forward its adopted deficiency plan to the agency
within 12 months of the identification of a deficiency. The agency shall hold a noticed
public hearing within 60 days of receiving the deficiency plan. Following that hearing,
the agency shall either accept or reject the deficiency plan in its entirety, but the
agency may not modify the deficiency plan. If the agency rejects the plan, it shall
notify the local jurisdiction of the reasons for that rejection, and the local jurisdiction
shall submit a revised plan within 90 days addressing the agency's concerns. Failure
of a local jurisdiction to comply with the schedule and requirements of this section
shall be cons idered to be nonconformance for the purposes of Section 65089 .5.
( e) The agency shall incorporate into its deficiency plan procedures, a methodology
for determining if deficiency impacts are caused by more than one local jurisdiction
within the boundaries of the agency.
( 1) If, according to the agency 's methodology, it is determined that more than one
local jurisdiction is responsible for causing a deficient segment or intersection, all
responsible local jurisdictions shall participate in the development of a deficiency
plan to be adopted by all participating local jurisdictions.
(2) The local jurisdiction in which the deficiency occurs shall have lead
responsibility for developing the deficiency plan and for coordinating with other
impacting local jurisdictions. If a local jurisdiction responsible for participating in a
multi-jurisdictional deficiency plan does not adopt the deficiency plan in accordance
with the schedule and requirements of paragraph (a) of this section, that jurisdiction
shall be considered in nonconformance with the program for purposes of Section
65089 .5.
(3) The agency shall establish a conflict resolution process for addressing conflicts
or disputes between local jurisdictions in meeting the multi-jurisdictional deficiency
plan responsibilities of this section .
( f) The analysis of the cause of the deficiency prepared pursuant to paragraph ( 1)
of subdivision ( c) shall exclude the following:
(l) Interregional travel.
(2) Construction, rehabilitation, or maintenance of facilitie s that impact the system.
(3) Freeway ramp metering.
( 4) Traffic signal coordination by the state or multi-jurisdictional agencies.
(5) Traffic generated by the provision oflow-income and very low income housing.
(6) (A) Traffic generated by high-density residential development located within
one-fourth mile of a fixed rail passenger station, and
(B) Traffic generated by any mi xe d use development located within one-fourth
mile of a fixed rail passenger station, if more than half of the land area, or floor area,
of the mixed use development is used for high density residential housing, as
determined by the agency.
(g) For the purposes of this section , the following term s have the following
meanmgs:
(l) "High density" means residential dens ity development which contains a
minimum of 24 dwelling units per acre and a minimum density per acre which is
equal to or greater than 120 percent of the maximum residential density allowed under
the local general plan and zoning ordinance. A project providing a minimum of 75
dwelling units per acre shall automatically be considered high density.
(2) "Mixed use development" means development which integrates compatible
commercial or retail uses, or both , with residential uses, and which, due to the
proximity of job locations, shopping opportunities, and residences, will discourage
new trip generation.
(Added by Stats. 1994, C h . 1146, Sec. 7 . Effective January I , 1995 .)
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AUTHENTICATED
fl ECTf'.O N!C LEGA L MATEPIAL
State of California
GOVERNMENT CODE
Section 65089 .6
65089.6. Failure to complete or implement a congestion management program shall
not give ri se to a cause of action against a city or county for failing to conform with
its general plan, unless the city or county incorporates the con ges tion management
program into the circulation element of its general plan.
(Added by renumberin g Section 650 89.5 by Stat s. 1994, C h . 1146, Sec. 8 . Effective Janua ry I , 1995.)
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AU THENTI CATED
ELECPO~. (LEGAL M~TEP ~l
State of California
GOVERNMENT CODE
Section 65089. 7
65089.7. A proposed development specified in a development agreement entered
into prior to July 10, 1989 , shall not be subject to any action taken to comply with
this chapter, except actions required to be taken with respect to the trip reduction and
travel demand e lement of a congestion manage·ment program pursuant to paragraph
(3) of subdivision (b) of Section 65089.
(Added by renumbering Section 65089.6 by Stats . 1994, Ch. 1146 , Sec . 9. Effecti ve January I , 199 5.)
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AUTHENTICATED
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State of California
GOVERNMENT CODE
Section 65089.9
65089.9. The study steering committee establishe d pursuant to Section 6 of C hapter
444 of th e Statutes of 1992 may des ignate a t least two congestion management agencies
to participate in a demonstration study comparing multimodal performance standards
to highway level of service s tandards. The department s h a ll make avai lable, from
existing resources, fifty thou sand dollars ($50,000) from the Transportation Plann ing
and Development Account in the State Transportation Fund to fund each of the
demonstration proj ects . The des ignated agencies shall submit a report to th e Legi s lature
not later than June 30, 1997, regarding the findings of each demonstration project.
(A dded by Stats. 1994, Ch. 1146, Sec. 11. Effective January I , 19 95.)
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AUT HENT ICATED
Et..ECHIONIC LEGAi. MATERIAL
State of California
GOVERNMENT CODE
Section 65089.10
65089.10. Any congestion manage ment agency that is located in the Bay Area Air
Quality Management Di strict and r eceive s fund s pursuant to Section 44241 of the
Health and Safety Code for the purpose of implementing paragraph (3) of subdivision
(b) of Section 65089 s hall ensure that those fund s are expended as part of an overall
program for improving a ir quality and for the purposes of thi s chapter.
(Add ed by Stats. 1995 , C h. 950, Sec . I . Effecti ve January I, 1996.)