BILL ANALYSIS �
AB 710
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Date of Hearing: April 27, 2011
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Norma Torres, Chair
AB 710 (Skinner) - As Amended: April 25, 2011
SUBJECT : Local planning: infill and transit-oriented
development.
SUMMARY : Establishes minimum parking standards for new
transit-oriented development. Specifically, this bill :
1)Prohibits a city, county, or city and county, including a
charter city, from requiring a minimum parking standard
greater than one parking space per thousand square feet of
nonresidential improvements and one parking space per unit of
residential improvements for any new development project,
including changes of use that incorporate existing building
improvements, in transit intensive areas.
2)Specifies that the minimum parking standards only apply if the
proposed project and immediately adjoining properties are not
designated for development or redevelopment at a floor area
ratio below 0.75.
3)Allows jurisdictions to require higher minimum standards for
new development if it makes written findings based upon
substantial evidence in the record, including a parking
utilization study completed within the last 24 months, that
shows existing publicly available parking that includes all
publicly owned on-street and off-street spaces and privately
owned off-street spaces accessible to the general public,
within one-quarter mile of the project site, but excluding any
spaces on exclusively residential streets, have a peak
occupancy that exceeds 85 percent at any point during the
study period.
4)Defines "transit intensive area" as an area that is within
one-half mile of a major transit stop or high-quality transit
corridor included in a regional transportation plan.
5)Cross-references an existing definition of major transit stop
in Public Resources Code Section 21064.3, but specifies that
it also includes major transit stops that are included in the
applicable regional transportation plan.
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6)Defines a high-quality transit corridor as a corridor with
fixed route bus service with service intervals no longer than
15 minutes during peak commute hours.
7)Specifies that a project is considered to be within one-half
mile of a major transit stop or high-quality transit corridor
if all parcels within the project have no more than 25 percent
of their area farther than one-half mile from the stop or
corridor and if not more than 10 percent of the residential
units or 100 units, whichever is less, in the project are
farther than one-half mile from the stop or corridor.
8)Includes findings related to the need to reduce excessive
minimum parking standards to support infill and
transit-oriented development.
9)Includes within the definition of "sustainable communities"
for purposes of the Strategic Growth Council those communities
that incentivize infill development.
EXISTING LAW:
1)Defines "major transit stop" as a site containing an existing
rail transit station, a ferry terminal served by either a bus
or rail transit service, or the intersection of two or more
major bus routes with a frequency of service interval of 15
minutes or less during the morning and afternoon peak commute
periods (Public Resources Code Section 21064.3).
2)Establishes the Strategic Growth Council, consisting of the
Director of State Planning and Research, the Secretary of the
Resources Agency, the Secretary for Environmental Protection,
the Secretary of Business, Transportation and Housing, the
Secretary of California Health and Human Services, and one
member of the public to be appointed by the Governor (Public
Resources Code Section 75121).
3)Requires the council, among other things, to recommend
policies and investment strategies and priorities to the
Governor, the Legislature, and to appropriate state agencies
to encourage the development of sustainable communities, such
as those communities that promote equity, strengthen the
economy, protect the environment, and promote public health
and safety (Public Resources Code Section 75125).
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FISCAL EFFECT : Unknown
COMMENTS :
SB 375 (Steinberg, Chapter 728, Statutes of 2008) aims to help
California achieve its greenhouse gas reduction objectives by
promoting more efficient land use and development patterns. SB
375 lays out ambitious goals for the state, but it is widely
acknowledged that achieving those goals will require policy
changes at the state, regional, and local levels.
AB 710 addresses one impediment to achieving the goals of SB 375
by requiring low minimum parking requirements-one space per
housing unit or one space per 1,000 square feet of commercial
development-in transit-intensive areas that are slated for
high-density development. According to the sponsor, the
California Infill Builders Association, excessive minimum
parking requirements can add significantly to the cost of
projects in existing developed areas by 10 to 20 percent, making
projects financially infeasible.
AB 710 allows a jurisdiction to impose higher minimum parking
standards if a recent parking utilization study shows that
existing parking spaces in the area around the proposed project
site are already heavily utilized. Under existing law, cities
and counties could require the project developer to pay the cost
of preparing a parking study. Nothing in the bill precludes a
jurisdiction from allowing additional parking in a
transit-intensive area if the developer and the jurisdiction
agree that additional parking makes sense for the project.
Arguments in Support
Supporters argue that AB 710 provides a significant incentive to
housing and commercial developers to pursue needed infill and
transit-oriented development projects. According to the
supporters, increases in public transportation options and the
development of more walkable and bikeable neighborhoods reduce
the demand for parking. Reducing minimum parking requirements
for projects in developed areas, and allowing builders and the
market to decide how much parking is needed, can ensure
sufficient amounts of parking and can significantly reduce the
cost of development and increase housing affordability.
Arguments in Opposition
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Opponents argue that AB 710's one-size-fits-all approach impedes
local discretion in land use decision-making and ignores the
fact that every community is different and has different needs.
Opponents feel that decisions about parking are best left to the
discretion of local governments, who are in a much better
position to determine how much parking their community requires.
Affordable Housing Concerns
Western Center on Law & Poverty (WCLP) and the California Rural
Legal Assistance Foundation (CRLAF) have expressed concern that
AB 710 may have serious unintended consequences for affordable
housing, but have not taken a position on the bill and are
working with the author to address their concerns. They point
out that the bill may undercut provisions of the state's density
bonus law, which provides incentives to developers of
market-rate housing to include affordable units in their
projects The two organizations note that they have long been
proponents of smart growth and improved access to public transit
for their low-income clients, but believe that AB 710 addresses
one part of the problem out of context with a whole host of
other concerns, including environmental justice issues.
Double-Referred
This bill was also referred to the Local Government Committee,
where it is scheduled to be heard on May 11, 2011, should it
pass out of this committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Infill Builders Association (sponsor)
A.G. Spanos Companies, Inc.
Civic Enterprise Development, LLC
Codding Enterprises
Creative Housing Associates
Domus Development
JMA Ventures, LLC
Natural Resources Defense Council
Policy in Motion
Township Nine
TransForm
Opposition
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City of Concord
City of Encinitas
City of Lakewood
Analysis Prepared by : Anya Lawler / H. & C.D. / (916)
319-2085