BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 710| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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, Liu NO VOTE RECORDED: Huff, DeSaulnier ASSEMBLY FLOOR : 76-0, 06/02/11 - See last page for vote SUBJECT : Local planning: infill and transit-oriented development 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 CONTINUED AB 710 Page 2 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 2008). 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 streets. This bill's prohibition does not apply if the proposed project: CONTINUED AB 710 Page 3 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 corridor. This bill defines a "high-quality transit corridor" as a CONTINUED AB 710 Page 4 corridor with fixed route bus service with service intervals less than 15 minutes during peak commute hours. Comments 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. CONTINUED AB 710 Page 5 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 TRANSFORM United States Green Building Council OPPOSITION : (Verified 8/26/11) Association of California Cities-Orange County BOCA Bus Riders Union California Affordable Housing Law Project California Rural Legal Assistance Foundation Cities of Concord, Encinitas, Lafayette, Lakewood, Moreno CONTINUED AB 710 Page 6 Valley 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 LAANE 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 CONTINUED AB 710 Page 7 SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED