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View Report - Fact Sheet

Rules & Legislation Committee
March 24, 2022

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View Report - Fact Sheet
Meeting
March 24, 2022
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Rules & Legislation Committee
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Text extracted from the city's file for reading and search. Open the original on oakland.legistar1.com. That file is the official record.

Office of Senator Anthony J. Portantino
SB 932– Fact Sheet
Contact: Tara McGee – (916) 651-4025 or [email protected]

PROBLEM

Despite decades of rhetoric on the need for
safer streets, most California streets have
grown more dangerous in recent years . Cali-
fornia follows a nationwide trend; the National
Highway Traffic Safety Administration saw a
nearly 20% inc rease in traffic fatalities in the
first six months of 2021 compared to 2020 or
2019. That fatalities increased the year before
the COVID -19 pandemic , during which mil-
lions of vehicles were removed from the roads,
highlights that current solutions have bee n in-
sufficient.

Some California cities lack data on how to ad-
dress the epidemic of traffic violence, particu-
larly regarding death and serious injuries to
pedestrians, cyclists, and other human -
powered-transit users. In certain cities where
the most dange rous streets and corridors have
been identified, no plan exists to remedy these
deadly situations. Even in cities that have de-
veloped plans, like Los Angeles’ Vision Zero
and Mobility Plan 2035, meaningful changes
that would save lives have yet to be imple-
mented.

BACKGROUND

The general plan forms the foundation of local
land-use planning by creating goals, objec-
tives, policies, and implementation programs
that span the next 10 -20 years. While there is
no time -based requirement for amending or
updating exi sting general plans (except for
housing elements), changes in technology, in-
frastructure, demographics, and economies
require most communities to update their gen-
eral plan every two to three decades. When
local officials revise or update a general plan,
they may include health and safety considera-
tions related to the built environment , such as
improving areas for walking, bicycling, and
other human -powered transit . Local officials
may identify areas with particularly high rates
of traffic violence to develop and implement
strategies that improve street safety . The gen-
eral plan’s circulation element can also be used
to connect parks and recreational facilities via
a network of safe and continuous on -street and
off-street human-powered transit routes.

California law has required cities and counties
to adopt general (or “master”) plans since the
1920s, but until 1971 there was no law that
required the general plan to be followed or im-
plemented. Today, however, legal reforms
have transformed the general plan int o “the
constitution for [all] future development” with-
in a jurisdiction. With very few exceptions,
cities may not approve a specific land -use reg-
ulation or development project unless it is con-
sistent with the general plan. The same is true
for counties wit h respect to unincorporated
areas. However, while virtually all aff irmative
actions regarding land -use regulations and ap-
provals must conform to the general plan,
there is very little in the way of incentives for
carrying out the entirety of the plan or pe nal-
ties for inaction that results in failing to im-
plement an element of the plan.

State law requires all general plans to contain a
minimum of seven elements. The “Circula-
tion” element identifies the general location
and extent of existing and proposed ma jor
roads, transportation routes, bicycle routes,
walking trails, terminals, and public utilities
and facilities. The “Open Space” element de-
tails plans and measures for preserving open
space for natural resources, the managed pro-

SB 932 (Portantino)
General plans: circulation element: bicycle and pedestrian plans and traffic calming plans.

Office of Senator Anthony J. Portantino
SB 932– Fact Sheet
Contact: Tara McGee – (916) 651-4025 or [email protected]

duction of resources, outd oor recreation, pub-
lic health and safety, and the identification of
agricultural land.

SUMMARY

SB 932 would require a county or city to in-
clude in its General Plan a map of the high in-
jury network within its boundaries and would
further require a county or city to identify and
prioritize safety improvements that may be
implemented within 15 years that would ad-
dress serious and injurious traffic collisions.

This bill would increase or decrease the 15 -
year implementation period based on whether
the measures introduced by a county or city
work to reduce its percentage of traffic vio-
lence.

SB 932 would state the intent of the Legisla-
ture to create an annual grant program, relating
to the above provisions, to award funding to
any county or city upon a showing of its im-
plementation of timely and effective short -
term efforts to mitigate bicycle, pedestrian, and
other human -powered transportation injuries
and fatalities.

SB 932 intent of the Legislature is to fight cli-
mate change with these provisions.

EXISTING LAW
Existing law states the Legislature’s intention
that a county or city general plan and the ele-
ments and parts of that general plan comprise
an integrated, internally consistent and com-
patible statement of policies for the adopting
agency.

Existing la w, the Planning and Zoning Law,
requires the legislative body of a city or county
to adopt a comprehensive general plan that in-
cludes various elements, including a circula-
tion element. Existing law requires the circula-
tion element to consist of the general location
and extent of existing and proposed major
thoroughfares, transportation routes, terminals,
any military airports and ports, and other local
public utilities and facilities. Existing law re-
quires the legislative body, upon any substan-
tive revision of the circulation element, to
modify the circulation element to plan for a
balanced, multimodal transportation network
that meets the needs of all users of streets,
roads, and highways for safe and convenient
travel in a manner that is suitable to the ru ral,
suburban, or urban context of the general plan.

Existing law defines “users of streets, roads,
and highways” to mean bicyclists, children,
persons with disabilities, motorists, movers of
commercial goods, pedestrians, users of public
transportation, and seniors.

SUPPORT

Version: 2/9/2022

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