BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 359|
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THIRD READING
Bill No: SB 359
Author: Corbett (D)
Amended: 4/1/13
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 8-0, 5/1/13
AYES: Hill, Gaines, Calderon, Corbett, Hancock, Jackson, Leno,
Pavley
NO VOTE RECORDED: Fuller
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Environment: California Environmental Quality Act
exemption: housing projects
SOURCE : Author
DIGEST : This bill revises the residential infill project
exemption in the California Environmental Quality Act (CEQA) by
increasing the amount of allowable neighborhood-serving goods,
services, or retail uses from 15% to 25% of the building square
footage.
ANALYSIS : Existing law requires, under CEQA, lead agencies
with the principal responsibility for carrying out or approving
a proposed discretionary project to prepare a negative
declaration, mitigated negative 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).
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Exempts a residential infill project if certain conditions are
met. Under this exemption, "residential" is either: (1)
residential units only; or (2) residential units and primarily
neighborhood-serving goods, services, or retail uses that do not
exceed 15% of the total project floor area.
This bill revises the residential infill exemption by increasing
the amount of allowable neighborhood-serving goods, services, or
retail uses from 15% to 25% of the building square footage.
Background
CEQA . CEQA provides a process for evaluating the environmental
effects of a project, and includes statutory exemptions as well
as categorical exemptions in the CEQA guidelines. If a project
is not exempt from CEQA, an initial study is prepared to
determine whether a 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,
then the lead agency must prepare an EIR.
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 an 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.
If a mitigation measure would cause one or more significant
effects in addition to those that would be caused by the
proposed project, the effects of the mitigation measure must be
discussed but in less detail than the significant effects of the
proposed project.
Revising infill provisions . SB 1925 (Sher, Chapter 1039,
Statutes of 2002) consolidated provisions relating to housing,
established a residential infill exemption, revised affordable
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housing exemptions, and revised certain definitions, terms and
conditions.
The SB 1925 residential infill exemption applies if certain
conditions are met (e.g., project site is not more than four
acres, project does not contain more than 100 residential units,
project promotes higher density development).
SB 375 (Steinberg, Chapter 728, Statutes of 2008) contains
provisions in CEQA for certain projects that are consistent with
a sustainable communities strategy or alternative planning
strategy, including a provision where a residential or mixed-use
project consists of at least 75% of the total building square
footage for residential use.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/10/13)
California State Association of Counties
Urban Counties Caucus
ARGUMENTS IN SUPPORT : According to the author, "Over the last
decade, smart growth planning principles have continued to
encourage the integration of residents' day-to-day needs within
close proximity of those same residences. This type of design
encourages lower vehicle miles traveled (VMT) due to local
residents' ability to access these services by walking or biking
instead of traveling by car. Lowering VMT improves air quality,
reduces greenhouse gas emissions, lessens the need for new roads
and extends the life of existing roads. One method pursued by
many local jurisdictions to implement these VMT-reducing
policies in an urbanized setting is to encourage building design
that incorporates ground-floor neighborhood-servicing uses on
the bottom floor, with residential housing on the floors above.
This means that for projects using this design, the current 15%
limit for neighborhood-serving uses confines the use of this
exemption to only those projects that are at least seven stories
tall. This is much taller than many jurisdictions allow, even
though the project would otherwise meet all other infill and
environmental review requirements. An increase to 25% of the
total building square footage would allow for a four-story
project of this type to meet the exemption requirements."
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RM:k 5/14/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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