BILL ANALYSIS Ó
SB 674
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Date of Hearing: June 16, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 674 (Corbett) - As Amended: January 6, 2014
SENATE VOTE : 33-0
SUBJECT : California Environmental Quality Act: exemption:
residential infill 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 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).
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.
SB 674
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3)Establishes abbreviated CEQA review procedures for specified
infill projects, where only specific or more significant
effects on the environment which were not addressed in a prior
planning-level EIR need be addressed. An EIR for such a
project need not consider alternative locations, densities,
and building intensities or growth-inducing impacts. Infill
projects may include residential, retail, commercial, transit
station, school, or public office building projects located
within an urban area (SB 226 (Simitian), Chapter 469, Statutes
of 2011). SB 226 requires OPR to develop CEQA guidelines to
implement its infill provisions, including statewide standards
to promote smart growth, reduction of greenhouse gas (GHG)
emissions, reduction in water use, energy efficiency
improvements and protection of public health.
4)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,
aligns planning for transportation and housing, and creates
specified incentives for the implementation of the strategies
(SB 375 (Steinberg), Chapter 728, Statutes of 2008). As it
relates to the provisions of this bill, SB 375 specifies that,
if a residential or mixed-use residential project (defined as
a project where at least 75 percent of the total building
square footage of the project consists of residential use or a
project that is a transit priority 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.
THIS BILL increases the maximum retail use from 15 to 25 percent
for purposes of the SB 1925 infill housing exemption referenced
above and changes the metric in the calculation from "floor
area" to "building square footage."
SB 674
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FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
1)Background. 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.
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, enacted in 2002, 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."
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2)Author's statement:
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 these
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
these VMT-reducing policies is by encouraging building
design that incorporates ground-floor retail, such as
coffee shops and 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 (7) 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 (4) story project of this type to meet the exemption
requirements.
3)Double referral. This bill is double-referred to the Assembly
Local Government Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of California Cities - Orange County
California Building Industry Association
California Business Properties Association
California Chapter of the American Planning Association
California Chamber of Commerce
California State Association of Counties
City of Brea
Urban Counties Caucus
Opposition
SB 674
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None on file
Analysis Prepared by : Lawrence Lingbloom / NAT. RES. / (916)
319-2092