BILL ANALYSIS Ó
AB 931
Page 1
Date of Hearing: May 11, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 931 (Dickinson) - As Amended: April 15, 2011
Policy Committee: Natural
ResourcesVote:9-0
Housing and Community Development 7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
Increases the maximum retail use, from 15% to 25%, in the
definition of "residential" for purposes of an existing
California Environmental Quality Act (CEQA) exemption for infill
housing projects meeting specified criteria.
FISCAL EFFECT
1)Negligible state costs.
2)Potential minor savings of an unknown amount to the extent
state agencies are lead agencies that otherwise would have had
to complete environmental impact reports for projects exempted
from CEQA by this bill.
COMMENTS
1)Rationale . The author contends that infill residential
projects often include a mix of residential and commercial
uses and that developments that contain no more than
one-quarter retail use should still be considered residential
for CEQA purposes.
2)Background. CEQA obligates public officials to consider the
environmental effects of their decisions. The lead agency
that proposes to approve a project must conduct an initial
study to determine if the project may have significant,
adverse environmental effects. If not, the lead agency issues
a negative declaration and, after a 30-day review period,
proceeds with its review and decision. If the lead agency
AB 931
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finds minor effects that can be mitigated, it issues a
mitigated negative declaration and then proceeds. If the lead
agency finds that the effects of the project may be
significant, it prepares an environmental impact report (EIR),
a document that shows public officials how to avoid or
mitigate the project's environmental effects.
Preparing the EIR begins when the lead agency sends notice of
preparation to other public agencies, soliciting advice on the
EIR's scope. If the project is of statewide, regional, or
area-wide significance, the lead agency holds a scoping
meeting with the other agencies. The lead agency circulates
its draft EIR and invites public comments during a 45-day
review period.
After this public review, the lead agency issues a final EIR
that responds to the comments that it received. After
certifying the final EIR, the lead agency allows the project
to proceed.
SB 1925 (Sher, Chapter 1039, Statutes of 2002) exempts from
CEQA specified residential housing projects which meet
criteria established to ensure the project does not have a
significant effect on the environment. Those exemptions
include certain urban infill housing projects in which retail
uses do not exceed 15% of the total floor area.
3)There is no support or opposition registered for or against
this bill.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081