BILL NUMBER: AB 710 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Skinner
FEBRUARY 17, 2011
An act to add Article 2 (commencing with Section 65200) to Chapter
3 of Division 1 of Title 7 of the Government Code, and to amend
Section 75125 of the Public Resources Code, relating to local
planning.
LEGISLATIVE COUNSEL'S DIGEST
AB 710, as introduced, Skinner. Local planning: infill and
transit-oriented development.
(1) The Planning and Zoning Law requires specified regional
transportation planning agencies to prepare and adopt a regional
transportation plan directed at achieving a coordinated and balanced
regional transportation system, and requires the regional
transportation plan to include, among other things, a sustainable
communities strategy, for the purpose of using local planning to
reduce greenhouse gas emissions.
This bill would state the findings and declarations of the
Legislature with respect to parking requirements and infill and
transit-oriented development, and would state the intent of the
Legislature to reduce unnecessary government regulation and to reduce
the cost of development by eliminating excessive minimum parking
requirements for infill and transit-oriented development.
This bill would also prohibit a city or county from requiring more
than one parking space per residential unit and more than one
parking space per 1,000 square feet of commercial or other
nonresidential space for a residential or mixed-use residential
project located in a transit intensive area, as defined, or subject
to an adopted downtown area plan, an adopted neighborhood plan, or an
adopted redevelopment project area.
(2) Existing law sets forth the duties of the Strategic Growth
Council, including the duty to recommend policies and investment
strategies and priorities to the Governor, the Legislature, and to
appropriate agencies to encourage the development of sustainable
communities, as described.
This bill would modify the description of sustainable communities
to additionally include communities that incentivize infill
development.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This article shall be known and may be cited as the
Infill Development and Sustainable Community Act of 2011.
SEC. 2. (a) The Legislature finds and declares all of the
following:
(1) Existing parking requirements are based on low density and
single land uses.
(2) Parking is costly to build and maintain and can increase the
cost of infill projects by 10 to 20 percent. The high cost of land,
construction, and maintenance to provide parking adds significantly
to the cost of transit-oriented development, making sites financially
infeasible and hindering economic development strategies.
(3) Increases in public transportation options and the development
of more walkable and bikeable neighborhoods reduce the demand for
parking.
(4) Excessive governmental parking requirements for infill and
transit-oriented development reduce the viability of transit by
limiting the number of households or workers near transit, increasing
walking distances, and degrading the pedestrian environment.
(5) Reducing excessive minimum parking requirements for infill and
transit-oriented development and allowing builders and the market to
decide how much parking is needed can do all of the following:
(A) Ensure sufficient amounts of parking at almost all times.
(B) Significantly reduce the cost of development and increase
housing affordability.
(C) Increase density in areas with the most housing demand, and
facilitate compact development and the attainment of environmental
goals.
(b) It is the intent of the Legislature to reduce unnecessary
government regulation and to reduce the cost of development by
eliminating excessive minimum parking requirements for infill and
transit-oriented development.
SEC. 3. Article 2 (commencing with Section 65200) is added to
Chapter 3 of Division 1 of Title 7 of the Government Code, to read:
Article 2. Infill Development and Sustainable Community Act of
2011
65200. (a) A city, county, or city and county, including a
charter city, shall not require more than one parking space per
residential unit and more than one parking space per 1,000 square
feet of commercial or other nonresidential space for a residential or
mixed-use residential project located in a transit intensive area,
or subject to an adopted downtown area plan, an adopted neighborhood
plan, or an adopted redevelopment project area.
(b) For the purposes of this section, "transit intensive area"
means a central business district, an area within one-half mile of a
major transit stop, as defined in subdivision (b) of Section 21155 of
the Public Resources Code, and an area within one-quarter mile of a
high-quality transit corridor, as defined in subdivision (b) of
Section 21155 of the Public Resources Code.
SEC. 4. Section 75125 of the Public Resources Code is amended to
read:
75125. The council shall do all of the following:
(a) Identify and review activities and funding programs of member
state agencies that may be coordinated to improve air and water
quality, improve natural resource protection, increase the
availability of affordable housing, improve transportation, meet the
goals of the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code), encourage sustainable land use planning, and revitalize
urban and community centers in a sustainable manner. At a minimum,
the council shall review and comment on the five-year infrastructure
plan developed pursuant to Article 2 (commencing with Section 13100)
of Chapter 2 of Part 3 of Division 3 of the Government Code and the
State Environmental Goals and Policy Report developed pursuant to
Section 65041 of the Government Code.
(b) Recommend policies and investment strategies and priorities to
the Governor, the Legislature, and to appropriate state agencies to
encourage the development of sustainable communities, such as those
communities that promote equity, strengthen the economy, protect the
environment, incentivize infill development, and promote
public health and safety, consistent with subdivisions (a) and (c) of
Section 75065.
(c) Provide, fund, and distribute data and information to local
governments and regional agencies that will assist in developing and
planning sustainable communities.
(d) Manage and award grants and loans to support the planning and
development of sustainable communities, pursuant to Sections 75127,
75128, and 75129. To implement this subdivision, the council may do
all of the following:
(1) Develop guidelines for awarding financial assistance,
including criteria for eligibility and additional consideration.
(2) Develop criteria for determining the amount of financial
assistance to be awarded. The council shall award a revolving loan to
an applicant for a planning project, unless the council determines
that the applicant lacks the fiscal capacity to carry out the project
without a grant. The council may establish criteria that would allow
the applicant to illustrate an ongoing commitment of financial
resources to ensure the completion of the proposed plan or project.
(3) Provide for payments of interest on loans made pursuant to
this article. The rate of interest shall not exceed the rate earned
by the Pooled Money Investment Board.
(4) Provide for the time period for repaying a loan made pursuant
to this article.
(5) Provide for the recovery of funds from an applicant that fails
to complete the project for which financial assistance was awarded.
The council shall direct the Controller to recover funds by any
available means.
(6) Provide technical assistance for application preparation.
(7) Designate a state agency or department to administer technical
and financial assistance programs for the disbursing of grants and
loans to support the planning and development of sustainable
communities, pursuant to Sections 75127, 75128, and 75129.
(e) No later than July 1, 2010, and every year thereafter, provide
a report to the Legislature that shall include, but is not limited
to, all of the following:
(1) A list of applicants for financial assistance.
(2) Identification of which applications were approved.
(3) The amounts awarded for each approved application.
(4) The remaining balance of available funds.
(5) A report on the proposed or ongoing management of each funded
project.
(6) Any additional minimum requirements and priorities for a
project or plan proposed in a grant or loan application developed and
adopted by the council pursuant to subdivision (c) of Section 75126.