BILL ANALYSIS                                                                                                                                                                                                    Ó


          |SENATE RULES COMMITTEE            |                   AB 710|
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                                 THIRD READING

          Bill No:  AB 710
          Author:   Skinner (D)
          Amended:  8/18/11 in Senate
          Vote:     21

           SENATE GOVERNANCE & FINANCE COMMITTEE  :  7-0, 07/06/11
          AYES:  Wolk, Fuller, Hancock, Hernandez, Kehoe, La Malfa, 
          NO VOTE RECORDED:  Huff, DeSaulnier

           ASSEMBLY FLOOR  :  76-0, 06/02/11 - See last page for vote

           SUBJECT  :    Local planning:  infill and transit-oriented 

           SOURCE  :     California Infill Builders Association

           DIGEST :    This bill establishes parking standards for new 
          transit-oriented development.

           Senate Floor Amendments  of 8/18/11 create a fourth 
          exception to the bills standards.

           ANALYSIS  :    The Planning and Zoning Law declares three 
          state planning priorities:  (1) promote infill development, 
          (2) protect environmental and agricultural resources, (3) 
          encourage efficient development patterns.

          That third priority supports new development that uses land 
          efficiently, is adjacent to developed areas, is planned for 


                                                                AB 710

          new growth, is served by adequate transportation, and 
          minimizes taxpayers' continuing costs (AB 857, Wiggins, 
          Chapter 1016, Statutes of 2002).

          California has a goal of reducing greenhouse gas emissions 
          (AB 32, Nuñez & Pavley, Chapter 488, Statutes of 2006).  
          Reducing vehicle emissions involves multiple strategies, 
          including clean technology as well as reducing the amount 
          of vehicle miles traveled.  Among the ways to reduce 
          vehicle miles is better coordination of transportation and 
          land use plans and increasing the density in existing areas 
          and new development projects.  To those ends, the 
          Legislature linked transportation planning and land use 
          planning by state, regional, and local agencies.  
          Metropolitan planning organizations and their constituent 
          cities and counties are preparing sustainable communities 
          strategies (SB 375, Steinberg, Chapter 728, Statutes of 

          This bill enacts the "Infill Development and Sustainable 
          Community Act of 2011," and contains legislative 
          declarations in support of its provisions.

          For new development projects in transit intensive areas, 
          this bill prohibits cities and counties from requiring a 
          minimum parking standard greater than:

                 One space per 1,000 square feet of nonresidential 
               improvements, and
                 One space per residential unit.

          This bill allows cities and counties to require higher 
          minimum parking standards if they find that existing 
          publicly available parking within a  mile has a peak 
          occupancy exceeding 85%.  These findings require a parking 
          utilization study completed within the last 24 months that 
          reviews publicly owned on-street and off-street parking and 
          privately owned off-street parking that's publicly 
          accessible, excluding spaces on exclusively residential 

          This bill's prohibition does not apply if the proposed 



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          1.And adjoining properties are restricted to development at 
            a floor area ratio below 0.75;

          2.Is located on a parcel with dwelling units with rents 
            that are restricted by recorded covenants or ordinances 
            to levels affordable to low or moderate income persons 
            and families where the units will be destroyed or 
            removed.  However, this exception does not apply if the 
            proposed development includes an equal number of bedrooms 
            that will be affordable in the same proportions as the 
            former units.  In that case, rental units must remain 
            affordable for at least 55 years or the term remaining on 
            recorded affordable housing covenants.  Ownership 
            replacement units shall be made available at affordable 
            housing costs for at least 45 years; 

          3.Is located on a parcel where the owner withdrew rental 
            units from rental or lease pursuant to the Ellis Act; or

          4.If the property is covered by a specific plan adopted on 
            or before December 31, 2011, and the plan sets off-street 
            parking requirements that are lower than the parking 
            requirements for similar uses outside of transit 
            intensive areas. 

          This bill defines a "transit intensive area" as an area 
          that is within a  mile of an existing major transit stop, 
          as defined by the California Environmental Quality Act, or 
          within one-quarter mile of the center line of a 
          high-quality transit corridor of a planned major transit 
          stop, as shown on a regional transportation plan.

          The bill declares that a project is within this -mile 
          standard or  mile of the center line if:

                 All of the parcels have not more than 25% of their 
               area more than a -mile of the transit stop or within 
                mile of the center line of a transit corridor; and
                 Not more than 10% of the residential units or 100 
               units (whichever is less) are more than  miles from 
               the transit stop or  mile of the center line of a 

          This bill defines a "high-quality transit corridor" as a 



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          corridor with fixed route bus service with service 
          intervals less than 15 minutes during peak commute hours.

          Cities and counties must adopt general plans with seven 
          specified elements, including a land use element that 
          contains standards for population density and building 
          intensity.  Most local land use decisions must be 
          consistent with these general plans.  All cities and 
          counties' decisions on subdivisions and public works 
          projects must be consistent with their general plans.  
          General Law cities and counties' zoning ordinances and 
          conditional use permits must be consistent with their 
          general plans.  However, except for the City of Los 
          Angeles's zoning ordinance, charter cities' zoning 
          ordinances and conditional use permits don't have to be 
          consistent with their general plans.

          When local officials approve development projects, they can 
          require the applicants to dedicate land or pay in-lieu fees 
          to offset the projects' effects.  The exactions or impact 
          fees must be reasonably related to the need for public 
          facilities and the type of the development project.  In 
          other words, there must be a nexus between the development 
          and the conditions that local officials impose.

          Relying on real estate studies, infill builders argue that 
          when cities and counties impose their standard parking 
          requirements on development projects located near transit 
          routes and stops, the results include higher developer 
          costs and lower densities.  Some case studies show that 
          reducing parking standards can increase land values and 
          property tax revenues.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  8/26/11)

          California Infill Builders Association (source) 
          A.G. Spanos Companies
          Alameda Transportation Commission
          AMCAL Multi-Housing Inc.



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          American Institute of Architects, California Council
          BRIDGE Housing Corporation
          Brookfield Homes
          California Apartment Association
          California Building Industry Association
          California Housing Consortium
          California League of Conservation Voters
          California ReLeaf
          CIM Group, Inc.
          Cities of El Monte, Pittsburgh, San Bernardino
          Civic Enterprise Development, LLC
          Codding Enterprises
          Community Dynamics
          Creative Housing Associates
          David Taylor Interest
          Domus Development
          Fulcrum Properties
          Greenbelt Alliance
          JMA Ventures, LLC
          John Stewart Company
          Local Government Commission
          McCormack Baron Salazar, Inc.
          Metropolitan Transportation Commission
          Mogavero Notestine Associates
          Natural Resources Defense Council
          Newport Partners, LLC
          Non-Profit Housing Assoc. of Northern California
          Policy in Motion
          Related Companies
          San Francisco Bay Area Rapid Transit District
          San Francisco Planning and Urban Research Association
          TMG Partners
          Township Nine
          United States Green Building Council

           OPPOSITION  :    (Verified  8/26/11)

          Association of California Cities-Orange County
          Bus Riders Union
          California Affordable Housing Law Project
          California Rural Legal Assistance Foundation
          Cities of Concord, Encinitas, Lafayette, Lakewood, Moreno 



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          Coalition for Economic Survival
          Contra Costa Transportation Authority
          Green LA Coalition
          Hollywood Community Housing Corporation
          Housing California
          Housing Long Beach
          Korean Youth & Community Center
          International Union of Painters and Allied Trades, District 
          Council 36
          Kennedy Commission
          LA Voice PICO
          League of California Cities
          Neighborhood Based CDC Coalition
          People Organized for Westside Renewal
          Public Advocates
          Public Counsel Law Center
          Search to Involve Pilipino Americans
          Strategic Actions for a Just Economy
          Southern California Association of Nonprofit Housing
          T.R.U.S.T. South LA
          Venice Community Housing Corporation
          Watts/Century Latino Organization

           ASSEMBLY FLOOR  :  76-0, 06/02/11
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bradford, Brownley, 
            Buchanan, Butler, Charles Calderon, Campos, Carter, 
            Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Beth 
            Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, Hagman, 
            Halderman, Harkey, Hayashi, Roger Hernández, Hill, Huber, 
            Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, 
            Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, 
            Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, 
            Perea, V. Manuel Pérez, Portantino, Silva, Skinner, 
            Smyth, Solorio, Swanson, Torres, Valadao, Wagner, 
            Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Bonilla, Furutani, Gorell, Hall

          AGB:nl  8/26/11   Senate Floor Analyses 



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                         SUPPORT/OPPOSITION:  SEE ABOVE

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