BILL ANALYSIS Ó
SB 359
Page 1
Date of Hearing: August 21, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 359 (Corbett) - As Amended: April 1, 2013
Policy Committee: Housing and
Community Development Vote: 7-0
Natural Resources 9-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill modifies the CEQA exemption for infill housing
projects by changing the definition of residential within the
exemption. Specifically, this bill changes the definition by
increasing the maximum retail use from 15% of floor area to 25%
of total building square footage.
FISCAL EFFECT
Negligible State Costs.
COMMENTS
1)Purpose and Background. According to the author, current
growth planning principles encourage the integration of
services within close proximity of residences. This design
reduces vehicle miles travelled (VMT) due to the ability to
access services by walking or biking instead of travelling by
car. Lowering VMT improves air quality, reduces greenhouse
gas emissions and reduces the need to repair or build new
roads.
CEQA requires a lead agency with the principal responsibility
for carrying out or approving a proposed project to prepare a
negative declaration, mitigated negative declaration, or
environmental impact report (EIR) unless the project is
exempt.
SB 1925, enacted in 2002, established a CEQA exemption for
certain residential projects providing affordable urban or
SB 359
Page 2
agricultural housing, or located on an infill site within an
urbanized area, and meeting specified unit and acreage
criteria. Specifically, the current exemption includes:
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.
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% of the total floor
area of these projects.
The current 15% retail limit confines the use of this
exemption to only those projects that are at least seven
stories. An increase to 25% of the total building square
footage will allow a four story project to meet the CEQA
exemption requirements.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081