BILL ANALYSIS Ó
AB 931
Page 1
Date of Hearing: April 25, 2011
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 931 (Dickinson) - As Amended: April 15, 2011
SUBJECT : Environment: CEQA exemption: housing projects
SUMMARY : Increases the maximum retail use from 15 to 25 percent
in the definition of "residential" for purposes of an existing
California Environmental Quality Act (CEQA) exemption for infill
housing projects meeting specified criteria.
EXISTING LAW :
1)CEQA requires lead agencies with the principal responsibility
for carrying out or approving a proposed project to prepare a
negative declaration, mitigated declaration, or environmental
impact report (EIR) for this action, unless the project is
exempt from CEQA (CEQA includes various statutory exemptions,
as well as categorical exemptions in the CEQA guidelines).
2)Exempts from CEQA specified residential housing projects which
meet criteria established to ensure the project does not have
a significant effect on the environment (SB 1925 (Sher),
Chapter 1039, Statutes of 2002). The SB 1925 exemptions are
available to:
a) affordable agricultural housing projects not more than
45 units within a city, or 20 units within an agricultural
zone, on a site not more than five acres in size;
b) affordable urban housing projects not more than 100
units on a site not more than five acres in size; and,
c) urban infill housing projects not more than 100 units on
a site not more than four acres in size which is within
one-half mile of a major transit stop. Among other
criteria, retail uses may not exceed 15 percent of the
total floor area of these projects.
3)Requires metropolitan planning organizations to include a
sustainable communities strategy (SCS), as defined, in their
regional transportation plans, or an alternative planning
strategy (APS), for the purpose of reducing GHG emissions,
AB 931
Page 2
aligns planning for transportation and housing, and creates
specified incentives for the implementation of the strategies
(SB 375 (Steinberg), Chapter 728, Statutes of 2008).
Specifically, as it relates to the provisions of this bill, SB
375 specifies that, if a residential or mixed-use residential
project is consistent with the use designation, density,
building intensity, and applicable policies specified for the
project area in either an approved SCS or APS, and if the
project incorporates the mitigation measures required by an
applicable prior environmental document, any findings or other
determinations for an exemption, a negative declaration, a
mitigated negative declaration, an EIR, or addenda prepared or
adopted for the project pursuant to CEQA shall not be required
to reference, describe, or discuss growth inducing impacts or
any project specific or cumulative impacts from cars and
light-duty truck trips generated by the project on global
warming or the regional transportation network.
FISCAL EFFECT : Unknown
COMMENTS :
1)CEQA overview. CEQA provides a process for evaluating the
environmental effects of applicable projects undertaken or
approved by public agencies. If a project is not exempt from
CEQA, an initial study is prepared to determine whether the
project may have a significant effect on the environment. If
the initial study shows that there would not be a significant
effect on the environment, the lead agency must prepare a
negative declaration. If the initial study shows that the
project may have a significant effect on the environment, the
lead agency must prepare an EIR.
a) Generally, an EIR must accurately describe the proposed
project, identify and analyze each significant
environmental impact expected to result from the proposed
project, identify mitigation measures to reduce those
impacts to the extent feasible, and evaluate a range of
reasonable alternatives to the proposed project. Prior to
approving any project that has received environmental
review, an agency must make certain findings. If
mitigation measures are required or incorporated into a
project, the agency must adopt a reporting or monitoring
program to ensure compliance with those measures.
2)Existing housing exemptions. SB 1925, enacted in 2002,
AB 931
Page 3
exempts from CEQA certain residential projects providing
affordable urban or agricultural housing, or located on an
infill site within an urbanized area, and meeting specified
unit and acreage criteria. The stated intent of the
Legislature in enacting those provisions included "creating a
streamlined procedure for agricultural employee housing,
affordable housing, and urban infill housing projects that do
not have an adverse effect on the environment."
a) SB 1925 defines "infill site" as a site in an urbanized
area that meets either of the following criteria:
b) Immediately adjacent parcels are developed with
qualified urban uses or at least 75 percent of the
perimeter of the site adjoins parcels that are developed
with qualified urban uses and the remaining 25 percent of
the site adjoins parcels that have been previously
developed for qualified urban uses, and the site itself has
not been developed for urban uses and no parcel within the
site has been created within the past 10 years.
c) The site itself has been previously developed for
qualified urban uses.
3)Double referral. This bill is double-referred to the Housing
and Community Development Committee.
REGISTERED SUPPORT / OPPOSITION :
Support :
None on file
Opposition :
None on file
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092