BILL ANALYSIS Ó
SB 359
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Date of Hearing: August 12, 2013
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Ed Chau, Chair
SB 359 (Corbett) - As Amended: April 1, 2013
SENATE VOTE : 36-0
SUBJECT : Environment: CEQA exemption: housing projects.
SUMMARY : Increases the maximum retail use from 15 percent of
floor area to 25 percent of building square footage in the
definition of "residential" for purposes of the existing
California Environmental Quality Act (CEQA) exemption for infill
housing projects meeting specified criteria.
EXISTING LAW
1)Exempts from CEQA a residential infill project of not more
than 100 units on a site not more than four acres in size that
is located in an urbanized area and within one-half mile of a
major transit stop (Public Resources Code Section 21159.24).
2)Defines "residential" for purposes of the infill exemption to
mean a use that consists of either residential units only or
residential units and primarily neighborhood-serving goods,
services, or retail uses that do not exceed 15 percent of the
total floor area of the project (Public Resources Code Section
21159.24).
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
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, the lead agency
must prepare an initial study 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 environmental impact report (EIR).
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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.
SB 1925 (Sher), Chapter 1039, Statutes of 2002, exempted 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."
With respect to the exemption for infill housing, projects that
include neighborhood-serving services and retail in addition to
residential units qualify so long as the non-residential space
does not exceed 15 percent of the total floor area of the
project. SB 359 increases that percentage to 25 percent and
replaces the term floor area with building square footage. The
two terms are functionally identical.
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 where they live.
This type of design encourages lower vehicle miles traveled
(VMT) due to local residents' ability to access stores and
services by walking or biking instead of traveling by car.
Lowering VMT improves air quality, reduces greenhouse gas
(GHG) emissions, lessens the need for new roads, and extends
the life of existing roads.
One method pursued by many local jurisdictions to implement
VMT-reducing policies is by encouraging building design that
incorporates ground-floor retail, such as coffee shops and
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corner stores, with residential housing on the floors above.
For projects using this design, however, the current 15% (or
1/7) 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% (or ) of the total building square footage would allow
for a four-story project of this type to meet the exemption
requirements."
This bill was also referred to the Natural Resources Committee,
where it passed on June 24 with a vote of 9-0.
REGISTERED SUPPORT / OPPOSITION :
Support
American Planning Association, California Chapter
California State Association of Counties
Urban Counties Caucus
Opposition
None on file
Analysis Prepared by : Anya Lawler / H. & C.D. / (916)
319-2085