BILL NUMBER: AB 710 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 29, 2011
AMENDED IN ASSEMBLY MAY 31, 2011
AMENDED IN ASSEMBLY APRIL 25, 2011
AMENDED IN ASSEMBLY APRIL 15, 2011
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 amended, Skinner. Local planning: infill and
transit-oriented development.
(1) The
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 express a legislative finding and declaration
that its provisions shall apply to all cities, including
charter cities.
This bill would also prohibit a city or county from requiring a
minimum parking standard greater than one parking space per 1,000
square feet of nonresidential improvements and one parking space per
unit of residential improvements for any new development project in
transit intensive areas, as defined. This bill would provide that its
provisions would not apply if certain requirements are met.
(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
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This article act 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.
(c) The Legislature further declares that the need to address
infill development and excessive parking requirements is a matter of
statewide concern and is not a municipal affair as that term is used
in Section 5 of Article XI of the California Constitution. Therefore,
this act shall apply to all cities, including charter cities.
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 In transit intensive areas,
a city, county, or city and county, including a charter city,
shall not require a minimum parking standard greater than one parking
space per thousand square feet of nonresidential improvements and
one parking space per unit of residential improvements for any new
development project, including changes of use that incorporate
existing building improvements in transit intensive areas
.
(b) This section shall not apply if any of the following are met:
(1) The proposed project and immediately adjoining properties are
restricted to development or redevelopment at a floor area ratio of
below 0.75.
(2) The proposed project is located on a parcel or parcels on
which dwelling units whose rents are restricted by recorded covenant
or ordinance to levels affordable to persons and families of low or
moderate income will be destroyed or removed, unless within the
proposed project an equal number of units are to be made available at
affordable housing costs to, and occupied by, persons and families
in the same or lower income category (extremely low, very low, or
low) in the same proportion as the units occupied or last occupied by
extremely low, very low, or low-income households in the property.
Rental replacement units shall be made available at affordable
housing costs for at least 55 years , or at the remaining term
of the existing recorded covenants or deed restrictions that require
maintenance of affordable housing costs, that are consistent with the
parties meeting their contractual obligations . Ownership
replacement units shall be subject to an equity sharing agreement
consistent with paragraph (2) of subdivision (c) of Section 65915.
(3) The proposed project would be is
located in whole or in part on a parcel where the owner withdrew
residential rental units , of the type described in
pursuant to Chapter 12.75 (commencing with
Section 7060) of Division 7 of Title 1, from rental or lease, or
offering for rental or lease within 5 years of application
for development of the project. rental or lease
pursuant to paragraph (2) of subdivision (a) of Section 7060.2.
(c) For purposes of this section, "transit intensive area" means
an area that is within one-half mile of a major transit stop or
high-quality transit corridor included in a regional transportation
plan. A major transit stop is as defined in Section 21064.3 of the
Public Resources Code, except that, for purposes of this section, it
also includes major transit stops that are included in the applicable
regional transportation plan. For purposes of this section, a
high-quality transit corridor means a corridor with fixed route bus
service with service intervals no longer than 15 minutes during peak
commute hours. A project shall be considered to be within one-half
mile of a major transit stop or high-quality transit corridor if all
parcels within the project have no more than 25 percent of their area
farther than one-half mile from the stop or corridor and if not more
than 10 percent of the residential units or 100 units, whichever is
less, in the project are farther than one-half mile from the stop or
corridor.
(d) A city, county, or city and county, including a charter city,
may require higher minimum parking standards for new development
other than those established pursuant to subdivision (a) if it makes
written findings based upon substantial evidence in the record,
including a parking utilization study completed within the last 24
months, that shows existing publicly available parking that includes
all publicly owned on-street and off-street spaces and privately
owned off-street spaces accessible to the general public, within
one-quarter of a mile of the project site, but excluding any spaces
on exclusively residential streets, have a peak occupancy that
exceeds 85 percent at any point during the study period.
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.