BILL ANALYSIS Ó
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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,
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
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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:
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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
corridor.
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.
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.
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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
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
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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
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SUPPORT/OPPOSITION: SEE ABOVE
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